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HomeMy WebLinkAbout2005-06-28; City Council; 18187 v1 08-10; Exhibits to Staff Report Regulating Adult Businesses and Performers8 HOUSTON CITY COUNCIL SEXUALLY ORIENTED BUSINESS ORDINANCE REVISION COMMITTEE LEGISLATIVE REPORT COMMITTEE MEMBERS: Jew Don Bon«y, Jr. Helen Huey John Castillo Ray DriscoU Joe Roach Jodson Robinson, Jr. Grade Guzman Saenz Orlando Sanchez January 7,1997 Table of Contents Introduction ........................................ , .................................................. 3 History of the Ordinance ......................................................................... 4 Description of the Committee's Woric ................................................ General ......................................................................................... 5 Findings and Condusiou ................................. : ................................ 5 HPD Vice Review ................................................. . ......................... 7 Public Hearing Summary ................................................................ 10 % Review of Written Correspondence .............. . ................................... 11 A. Adult Arcade Ordinance Changes ................................................ 12 B. Procedural Changes - SOB Enforcement ...................................... 13 C. Land Use & Related Changes .................. : ................................. 14 D. Conduct and Operations ........... . ..... . .......................................... 15 E. Amortization. ........... . ...... ..- ....................................... • ..... «... ..... . ....... 16 Section by Section Analysis ............................................................... 19 Conclusion ......................................................................................... 37 L-tUHU. UtrM. * 8176450903 NO.154 004 INTRODUCTION COPY This report has been prepared by the Sexually Oriented Business Revision Committee for the purpose of summarizing the Committee's work in drafting a proposed amendment to Articles n and HI of Chapter 28 of the Code of Ordinances, Houston, Texas. In addition, a new Article Vin has been proposed to be added to Chapter 28. These summaries include prior efforts of regulating sexually oriented businesses (hereinafter "SOBi"), testimony by the Vice Division of the Houston Police Department, reports and request*, citizen correspondence, industry memos, legal department research, and summaries of the principal themes heard in the public testimony taken by the Committee. The Committee's intention is to supplement prior reports issued in 1983,1996, and 1991. The original Ordinance was adopted in 1983. The 2986 Supplemental Report included premises that serve alcohofic beverages. The 1991 Supplemental Report addressed the addition of adult bookstores and movie theaters as regulated enterprises within the Ordinance's land use controls. The primary purpose of the current committee was twofold. First, the Committee desired to review the existing Ordinance and the City's abflhy to enforce the existing Ordinanoe. Secondly, there existed a need to assess and analyze the Ordinance with regard to its strengths and wcafcnovrs and review them with regard to how effectively this Ordinance protects the interests of the pubfic as well as the rights of the businesse* subject to regulation. These amendments and additions relate principally to the ucenatng of SOB employees, lighting configurations, distancing requirements between land uses, prohibition of "glory holes," elimination of closed-off areas, public notification of sexually oriented business applications, dear lines of vision, and dancer "no- touch" policies. SOBs enjoy Constitutional protection and must be allowed to exist and operate regardless of feelings about them. If the regula^ns were to be so onerous or so burdensome that they preclude or inhibit them being able to even exist, they would likely be declared unconstitutional. The Committee made it dear, both during the hearings a«J afterwards, that it was not the intention of the Committee to propose any ordinance that would be subject to a successful court challenge because it either direcuy or indirectly (or for that matter inadvertently) eliminated the opportunities for such businesses to exist in the Chy of Houston. Therefore, the challenge is to keep SOBa from infringing on the rights of citizens without denying SOBs a reasonable opportunity to operate in the Chy. This report is not intended as a legal treatise on the regulation of SOBs, although the Committee waa guided in its deliberations at various points from advice by the Legal Department and received numerous legal comments from counsel for the regulated businesses. This report is intended to be reviewed from a lay perspective for the use of the members of the Chy Council and numbers of tb» public in undcntandmg the reasons that the amendment and addrtiona to the Ordinance have been proposed. This report is intended only as a summary. The Committee has developed extensive files in connection with its work that are available far review. On May 24, 1996, the Mayor's Office announced the members of the newly re-crested irittee, now tided the " StxuaBy Oriented Business Ordinance Revision Committee." Council Members Jew Don Booty. Jr. and Helen Huey fcrved u co-chain. In addition, Council Members Castillo, DriscoU, Roach, Robinson, Sanchez and Saenz served as members. HISTORY OF THE ORDINANCE The existing Ordinance hid its baits in the work of the 1983 Chy Council Committee on Sexually Oriented Businesses that resulted m the adoption of Ordinance 83-1812. The history of the QOTrnhtee's work U documented in the report filed with the City Secretary in connection with Ordinance 83-1812 . This ordinance adopted a land uie piugiam that was contented through permits and various incidental regulations for SOB*. In focus was on regulating adult modeling studios, adult entertainment parlors, adult manage parlors and other similar busk Ordinance 83-1812 did not extend land use controls to prenriset that had alcoholic beverage *rt «Aifr tw>fr««nt^« nr trt aAiH mrrw> ihiattvr* W«»y. jk upon which the Ordinance was predicated did not then authorize land use controls on those forms of adult businesses. See former Art 2372w Tex. Rev. Civ. Stat Ann~ >ui!98S the Texas Legislature revised the state enabling law to delete the exemption for premises that add alcoholic beverage permits and licenses. FoUowing the revision of the state enabling law, the Committee reconvened to consider adding the so-cafled "topiesa bars" to the land use control structure of the Ordinance. The Committee reconsidered its prior work and took additional evidence relating in the adoption of Ordinance 86-323 which extended land use controls to the topless part and placed the Ordinance into mbstirrtislly its present form. The work of the Committee in the submiasoD of Ordinance 86-323 is extensively documented in the Legislative Report filed with the City Council at the time of its adoption. The genesis for the 199 1 proposal amending the Ordinance related to circumstances virtually identical to those that arose in 1915. The Legislature in its 1989 session again amended the state enabling law. The 1989 amendments deleted the exemption from land use controls that had formerly existed in the state law for adult bookstores and adult movie theaters. However. some of the evidence received from the public in 1983 and 1986 related to adult bookstores and adult movie theaters. For this reason the Committee drew upon its 1983 and 1986 works in the preparation of the amended Ordinance draft and regarded the 1983 and 1986 evidence and experiences as pertinent to its 1991 work The scope of the Committee's recent work evolved as a resuh of increasing community concern regarding the proliferation of Sexually Oriented BUWKM under tn« NO. 154 006 In addition, the Houston Police Department urged the City Council to consider means to control serious violations that were increasingly repetitive it numerous SOB estabiixhrnenu. Because of these requests and concerns the current Committee was established to review and strengthen the costing ordinance- A DESCRIPTION OF THE COMMITTEE'S WORK General. The Committee was reestablished in the summer of 1996 to review ideas on strengthening the currant Ordinance. The Committee haa conducted its business in pubfic meetings. These meetings were posted on the CHyHatt bulletin board and were typically attended by Ac Committee Members, Chy support stiff and interested members of the public and/or the regulated businesses. The Committee also conducted three of hs meetings as public hearings at which members of the industry and the general public testified. Along with the City Hafl posting, notification of these public meetings was published in the newspaper and tettera were seat to civic associations, individual! iwho had requested participation, ami ctirrent SOB pennh holders. The mailing list consisted of more than 1.000 names and was maintained in the office of Council member Huey and the Mayor's Citizens Assistance Office. Proponents and opponents of the regulation of SOBs were encouraged to speak openly of their ideas and viewpoints. Li addition to these pubfic hearings, a significant number of people chose to voice their opinions through written correspondence to the mayor, city council, and/or legal department. The authors of these letters consisted of civic association presidents, topless club owners, City of Houston citizens, SOB dancers, state elected officials, advocates of various organizations and other concerned citizens. There are approximately two hundred and seventy-five letters on file. Most urged for the strengthening and enforcement of the current ordinance. While others stressed First Amendment rights, some urged industtycooperition, and othen voiced ccflcerns about the growing number of unlicensed SOBs, C/pnchiaioria Based upon t^*?* pmrjx«tiitg«_ jhe committee h** additional findings and conclusions to supplement previous legislative reports. First, because of the crbronsl activities that are associated with SOBs, the Committee determined the necessity of licensing all SOB entertainers and managers. Reojuinng an *****' *•«?»** or manager to be licensed would establish a foundation far documenting those who have previous convictions for prostitution, public lewdnesa and other lonflar offenses. In addition, licensing could bdp cfiminate underage entertainers because they would be required to prove that they are eighteen or older in order to obtain the license. Second, the Committee found that there exists a serious predicament in The enforcement of pubUc lewdneas, prostitution, indecent exposure, and other criminal activities. Vice officers testified that because they do not engage in inappropriate behavior (such as removing their NO. 154 clothing, convictions are difficult to achieve. Hie officer's non-participation is perceived fay the •that he is working under cover. The emeruiner proceeds with caution, Avoiding lewd behavior that night normally occur. In addition, wb« a patron U charged along with the entertainer, it is difficult to obtain a conviction became of the sensitivity of the relationship between the two accused. Third, the Committee was shown a video by the HPD Vice of a bookstore "glory hole." These exist in snail room or booths in which individuals are admitted and permitted to use one or more arcade devices. The endoaed booths are joined to the neifdiboring booth by a hole in the wall These "glory holes" are used to promote anonymous sex and thus facilitate the spread of sexually transmitted diseases. - i Fourth, the Committee found that sexually oriented businesses that did not nave dear lines of vision encouraged lewd behavior or sexual contact Many businesses are designed with areas that are out of the view of managers and are conducive to illegal behavior. Entertainers are cognizant of these areas where violations can occur unobserved by management or law enforcement personnel who are conducting open inspections. For example, high back chairs are used as barricades to shield iffich behavior. In addition, testimony revealed that private, secluded, dimly fit areas have the same effect Testimony revealed that once the entertainer felt comfortable with the patron, ruling out that he was an undercover officer, be would be asked to move to a more private area. In some cases he would be asked to pay a fee to enter the "VIP" room by either purchasing a membership or pnn-haaing an expensive bottle of champagne. HPD cannot always affoid these admittance fees in the course of investigations and often cannot access and """"' monitor these specific areas. Fain, Ac Committee considered the issue that muhifanoly tracts were being counted as one tract in the residential quota, where in actuality, ntany families were lhang independently upon one tisctThnxighthePlaTH^aiKiDevelopnientDepartnent a new formula was established based on average homeuwuera' property sac Mat would account for the piece of land. These new figures were used to achieve a residential formula of eight single family tiirts for each acre of rouhi-fanaly track. In addition, those iota platted for residential development, but currently unimproved, were added to the residential tract formula. Sixth, inadequate lighting JM events managers and police officers from monrtonng illegal activities. Often the fighting is so dim mat an investigator cannot observe the activities tram one table to the next Vice officers testified that smaller harnesses use lighting aa a way to camouflage illegal activitiea. As a measurement for nsponsibk fighting it was suggested that the requirement be similar to those f"«""»"«n requirements established by the Uniform Building Code for 'exit' signs. Seventh, the committee determined that enterprise* that had locked rooms, were often used as fronts for prostitution. An entertainer would amply request the patron to remove his dothing. Those who objected were deemed to be Vice officers therefore restricting the usual services of the entertainer. The more money that a customer showed, the greater the iservices'. 14:36 LEGSL DEPT. •» 8176450903 NO. 154 P08 Eighth, in keeping -with the theme of famfly preservation, the coranrittee was urged through public and expert testimony to include pubHc parks in distancing restrictions. A "public park" is defined as a publicly owned or publicly leased tract of land, whether situated in the city or not, designated, maintained and operated for public use for recreational purposes by die city or any political subdivision of the state and containing improvements, pathways, access or facilities intended for public recreational use. The term "public park" shall not include public roads, rights-of-way, esplanades, traffic circles, easements or traffic triangles unless such tracts or areas contain and provide improvements or access to a recreational use by the public. Additionally, members of the Committee felt that the testimony supported inclusion of ^private paries" as a protected land use. The legal Department was asked to consider possible inclusion of this category in the final draft On Ninth, repeated testimony requested that notification of a pending Sexually Oriented Business Permit be given to surrounding neighbors of proposed sights. It is within the framework of the current case law to require a SOB applicant to post signs on the proposed site in addition to pubbshmg an ntent to apply for a permit tn the local newspaper. Testimony revealed a peat deal of concern over the graeral public's lack of warning of the SOB application unfa! it has been approved and opened. • Tenth, the committee found that continuing the amortization previsions of the previous Ordnances would be preferable to grandfathering the sexually oriented businesses that do not'comply whh the amended Ordinance. Grandfathering would allow noncoixfbmung uses to continue under the new ordinance in perpetuity, or until market forces wiped out the business, Gnmdfkthering creates a monopofisoc position for non-conforming property uses and prevents the municipality from exercising its power to protect its residents. Under the amortuaoion provisions of the previous Ordinance, a business regulated as to location had six months to come into compliance. However, if such a business befieved that six months was an inadequate period in which to recoup a reasonable return on invested capital, that business would have the opportunity to request an extension of the compliance period. In fight of this recourse, and taking into account the present, ongoing and serious detriment that such businesses pose for the community at large, the Committee determined that an appropriate balancing of interests justified continuation of the amortization provisions. HPD Vice Review: The Houston Pofice Departmenfa Vice Division played a major rdeb providing the City with statistics, details and testimony regarding their experiences with SOBs. In addition to written reports, three undercover vice officers testified at the August 29th hearing. Currently, the Geensed SOBs are broken down as follows: 10-430^0j NO. 154 (?e.9 36 Topics* Clubs 9 Adult Theaters 9NudeQuba 4 Video Stores 28 Modeling Studios 18 Aduh Bookstores In idffitkm to the above Est, there are approximately 18 adult theaters, bookstores and video stores with mjuncove rdief under federal court order in pending litigation styled, 4330 Richmond Avenue T"fifmn7nBni rt ai v TteGtvofff""*™- The City cannot enforce the SOB ordinance against the enterprises while the litigation is pending. Between Jury 1, 1995 and August 31, 1996, the Houston Police V«» Division recorded 5 17 atTt8tainSOBaresulQ^m3S5oonvicdcns,oraoonvktkxintteof 69%. Topless clubs experienced 289 dancer arrests •with a conviction rate of 59%. In addition two managers -were arrested but not convicted. Thar* were sot patrons of adult theaters taken into custody, rewhing in a conviction me of83%. DaaoeramaD nude duc« accounted for 31 srasta, of wro^ 71% were coirvictea\ Thirty. ;npairomrfadiiftvidtastona were arrested rebuking m The modeling studios1 record consisted of four arrests and one conviction. One hundred and forty-nine patrons of adult bookstores were arrested -with 125 convictions (§4%). O. While seventeen chibs had less than 10 arrests in the last two yeara, one dub bad 50. Prostitution, public lewdness, narcotics, and indecent exposure nude up these violations. Auto theft* are also on the rise in topJenbwvnnitMS. Thais due largely to the iact that a thief knows that he has about an hour and a half to steal the car before the owner comes back. Topless dubs make up the majority of arrests in the Vice Division's enforcement experience. When the officer goes under cover in a dub, he must assume the identity of a patron. Employees expfiddy ask for badges, weapons, handcufia, and go as far as feeling sround the patron looking tor theseiteras. Once they fW comfortable that the patron is not a police officer, they wiD often aifc him to tnove to a rnore secluded area, or possibry the VIP room of the dub. The entertainer explains that she can do better dances in these anas and a 'lot more tnings' beouse they sjroH watched as closely. This is when the opportunity for sexual or lewd activities occurs. The Vice Division representatives testified that licensing and crimmal background checks will usist in the regulation of the entertainers behavior. Often, the same dancer is arrested under a different or "stage" name. A license will ensure sn individuals true name, thus avoiding the use of stage names. This wffl ensure that mdrviduals who are arrested and convicted are property identified in the event of future criminal arrests. Modeling studios, tanning salons, encounter parlors and similar SOBs require the patron to disrobe on entry. Performance is based specifically on the amount of money a patron is wilfing to spend. TTiu takes place behind locked doors. Vice officers'testimony revealed that in their opinion, these businesses were merely fronu for prostitution. Vice officer* elaborated on schemes of credit card find contributed to these enterprises. Often the charged amounts are altered or bogus charges are sem through fer payment When the cfient complains, he is threatened with the disclosure of the type of enterprise that he was in. Vice officers testified that "bookstores ere nothing more thin just blatant open sexual contact between people wfth complete anonymity." With professionally cot 'glory holes', random sexual activity between mates is rampant One officer went aa&r as testifying that in his eleven years with Vke he doe* not recall ever seeing anyone go into » booth, witch the movie for thirty minutes and walkout The HPD Vice officers firft th*t the following ordinance change suggestions would be helpful in the enforcement and regulation of sexually oriented businesses: i.) Scenaing of persons involved in * SOB - manager, owners, dancers, waiters, bartenders 2.) minimum age 21 (thii requires ft state law change) 3.) premise* need to be well fit inside 4.) no touching 5.) models in modeling studios should not be allowed to remove afl their clothes 6.) make it a violation for models to tik patroni to remove afl clothes "7.) require bookstores and arcade* to be well fit, no dark corners, no booths, no access between video booths, and no "gtory holes' o.j entertainers to oc conswcrco cmpioyeei rather than contractors 9.) afl investors and shareholders to be disclosed and licensed 10.) public display of licenses 11.) 6 foot distances between performer and patron 12.) no private viewing areas 13.) devices used as barriers limited to four foot heights 14.) illumination of one candle foot at floor levd minimum IS.) no k?ckffd int^riffrcfootr p* irKxfefing w ^w^r>z fftidiot 16.) regulate escort service* 17.) probibiuon agatnat use of inanhnate objects by SOB employees to depict sexual conduct 18.) prohibition agamat warning systems 19.) redefine "multi-unit center" 20.) restrict transier of permit/Dcense 21.) dcvdop tone une &r revocaoon/suspenstoc hearing 22.) amend terms "knowingh/" and "negligence" 23.) owners, managers and employee* of a SOB shall have their license immediately available Although not afl of these items were determined by the Legal Department as legally defensible under the extant enabling statute and case law, they were taken into consideration. PUBLIC HEARING SUMMARY The initial PubKc Hearing waahdd on July 15, 1996 in the City CouncB Chamber. Cound] Member Boney outfitted the intentions of the current committee at: a. review the ordinance 1. enforcement issue* 2. efivctiveness of the ordinance b. rwewiUSOBvr«S'^ed wd licensed, unlicensed and ilJegiJ c. h censing of employees d. visibility issues e. revision of land policies £ balance SOB»* constitutional right and the right of the communities The public testimony proceeded aa follow* According to members of the industry, policies for pubtic lewdnesa cases are made in a personal and participative way. In other words. Vice officers encourage lewd behavior, even to the «<ent of participating, in order to "get a case." Industry representatives generally agreed that employee licensing ia necessary, though some prefer the Police Department, others prefer the Health Department. Depending on the quality of an arrest, three or five within twelve months should be sufficient for revocation/suspension of SOB license. In addition, h is felt that there lacks effective police enforcement of unlicensed tanning Batons and massage parlors. Dr. Devinney, professor of Abnormal psychology, testified that sexual deviants are attracted to communities because of Sexuafly Oriented Businesses. There are some deviants who cannot get sexual saria&ction unless they pay for it, While others are not satisfied unless they take or steal it In addition, there are some sexual deviants who cannot have sexual satisfaction without forbidden partners soch aa children, invalids or elderly. SOBs located in residential or even retail areas attract sexual deviants because they have theV entertainment, then they come out and have a fertile field for solicitation. Therefore, they do not belong ta or near residennal Because of the advene secondary effects caused by Sexually Oriented Businesses, citizen responses urged the increase of distancing of SOBs from schools, churches and licensed day cares. In addition, they perceived a need to decrease the current residential formula of 75% to 25%. They also requested notification to area residents of proposed SOBs, either by posting a large signer the property or individual mail outs. In addition, they urged that billboard advertising be illegal. 10 The second public hearing occurred on July 29, 1996. Attorneys representing the SOB industry requested that a hearing panel be developed to deal with permitting issues. In addition, the pand should consist of non-law enforcement individuals, and contain several different hearing officers. Testimony indicated that although many SOBa follow the rules, most industry representatives are not against granger regulation! in regards to licenmg the gntertamer? Often the dancers are transient. The establishment of t license issued through HPP would create a data basB of infbi uiation. Furthermore, a great deal of discussion was given to a "no touch" policy. Owners and dancers afike stated that touching wi» part of the entertainment Plexiglass barriers, mini-stages, and six foot distancing were all criticized. A third public hearing was scheduled for the public to ^"ITTTT* 0*1 the draft ortf TWKT prior to final council approval, and was held January 6, 1997. REVIEW OF WRITTEN CORRESPONDENCE More than two hundred seventy-five letters were received regarding the sexuaBy oriented business ordinance. These letters came from property owners, SOB employees, concerned citizens, parents, educators, civic association, and business owners. While not ail suggestions could be incorporated into this summary, each letter was cansfuDy reviewed and passed to other members of the cuiuuiiiice. These documents an on file in the Legal Department. Approximately one hundred seventy five letters wen the result of a letter writing campaign promoted by 'Adult* for Legal Freedom'. The principal theme of these letters was the over-regulation of the aduh business industry. They fed that this industry attracts tourism, pays considerable tax revenues; and creates jobs, and therefore U a viJuaWeasaet to the city. In addition, they believe the reworking of this ordinance is for political reasons only. Letters came in urging the extension of distancing between a SOB and neighborhoods, schools, licensed daycares, churches, medical clinics, government offices, historic districts, public parks, hospitals, and distancing between sexually oriented businesses. It was asked that new residential projects with preliminary approval from the planning commission be included in the residential formula. Also, concerns arose over the representation of nmltifamfly dwellings in th« residential radius computations. Notification of the public that a Sexually Oriented Business has applied for an application was a relatively new issue brought before the committee members. Suggestions ranged from 90 li ia:xf LEOTL DEFT. •» 8176450903 NO. 154 013 day notices by property signs to postcards being mailed to afl residents in the area. Notification by newspaper, certified mail, and public hearings were also brought forth. With regard to entertainers, recommendations were to prohibit touching, prohibit asking customers to undress, install an 8* high stage, require 6 feet distances from patron, and plexiglass barriers, license all dancers, increase minimum dancing age, require criminal background f*"*-^ no licenses issued to convicted felons, and require license to be worn at aQ times when inside an enterprise. Other correspondence recommended that SOB permits should be renewed annually, repeated violations should be ground for denial, prohibit locked interior doors, require sufficient Humiliation of the facility, and to hold owner/manager accountable for activity occurring on the ' premises. While opinion* and suggestions varied. Most people agreed with the proposition that sexually oriented businesses would continue to exist, and expressed concern to create a solution in which they could coexist without infringing on the rights of the citizens of the city. COMMITTEE RECOMMENDATIONS A. Adult Arcade Ordinance Changes. 1. It is recommended that the Police Department's concerns regarding "adult arcades" or "peep shows" be addressed by amending art n of Ch. 28 of the Code of Ordinances to eliminate profaiemt of sexually transmitted disease and criminal sexual conduct in such operations. At present, art n prohibits enclosed booths for viewing sexually oriented entertainment but regulates only establishments whose "arcade devices" arc intended for the viewing of five or fewer persons. The recommended amendment would make devices intended for viewing by less thy one hundred persons come under the purview of an. JL In addition, no adult arcade or adult mini-theatre shall be configured in such a manner as to have any opening in any partition, screen, wafl or other barrier that separates viewing areas for arcade devices or adult muiMheatre devices from other viewing areas for arcade devices or adult mini4heatre devices. This provisiou shall not apply to conduits for plumbing, heating, air conditioning, ventilation or electrical service, provided that such conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas. This should tfmwrtg the 12 problem of eocloied booths tad "giory notes." in such establishments. In addition, it shall be the duty of the owner* *ad operator and it start also be the duty of uy agents and employed preient in an aduh arcade or adult mini-theatre to ensure that the premise) i« monitored to auure that no openings arc Allowed to earn in violation and to ensure that no patron » allowed access to any portion of the premises where any opening exist* in violation. 2. It is, recoowjeaded that responsbifitiei for hearing appeals from pcnaitdecutoitf of tne Director be considered by t hearing officer, nxner dun the city's General Appeals Board, winch is the present appellant body under art. U of Cb, 28 of the Code of Onfinaaces. Thi« recommendation would only impact article U of Chapter 28, u afl other appeals regarding aexuaQy oriented businesses are presentiy heard by & hazing official. The hearing officer sheO b« aa official appointed by the mayor and confoned by city council If, after the hearing officer determine*, based upon the nature of the violation, thai the ends of justice would be served by a suspension uiBeu of a revocation, he nuytuspewJtte the permit for * period of one to be stated is the order of suspension, not to exceed nro (2) months. The General Appeals Board has never heard such an appeal U principally concerned with Building Code matters, rather than regulation of sexuaBy orianted buaoteiaea. *3. XaaddKdon. it is ncoamended that the feet Miociated tvith the proceMing of applicaiiona ahouid be brought up to date to reflect current actual eoeu. B. Procedural Changea-SexuaUy Oriented BuaineMEnrorcement I. It is recommended that the appellate procedures in art HI of Ch. 28 of the Codeof Ordinances be revised to provide for a panel of hearing officer*, appointed by the Mayor and confirmed by ihe City Council, caiuuong of licensed attomeya, serving on rotation, who wfll consider afl sppesta relating to sexually oriented buanewcs and licenses. Pedsions by juca hearing officers wffl be final and subject to immediate jmfetal reviow. The availability of an intenaediate appeal to the City Council from 6aaaoa» of the hearinf officer should be eliminated. Although the need fct an intermediate appeal from permit decisions to the City Council at one time appeared neceuary, it now appears ihat due process requires only one hearing prior to judicial review. This change •will efiounate delay and will prevent Dry Council from being miinriarod with the large number of appeals anticipated due to unplementanoti of iacreaaed regulations. 13 2. It is recommended tint the Chief of Police be required by ordinance to report to the Mayor and the City Council, on a monthly basil, all violations of sexually oriented buaineai regulations and related state laws, with respect to all licensed faculties and licensed persons. 3. It is further recommended that the Legal Depattmeut, through the City Attorney, should have authority to initiate all administrative actions regarding suspension or revocation of any permit or license under the various ordinances. The city attorney shaft execute a monthly report sununariang revocation actions filed, currently pending or decided during the reporting period This authority currently rests with the Chief of Police in his capacity as Director. 4. It is recommended that sexually oriented business permits involved in administrative hearing or procedures regarding denial, suspension or revocation be prohibited from being transferred to another entity during the pendency of the administrative process. 5. It is recommended that the Chief of Pofice continue as Director under Ch. 28 of the Code of Ordnance* &r purposes of permitting, investigation and enforcement requirements, with the exception noted above that die Legal Department wiQ be responsible for initiating administrative enforcement actions. C. Land Use and Related Changes — Sexually Oriented Bust Information from the Planning Department indicates that the present distance requirements with respect to churches, schools and day care centers could be substantially increased, perhaps to as much as 1500 feet from the present 750 feet, and thai toe raduia for courffirtg residential tracts could be increased to 1500 feet from the present 1 OOP feet, all without unduly ntirrirting availability of conforming locations for sexually oriented businesses to operate. The Committee recommends that these changes be instituted to protect such land uses from the adverse -effects of SOBs. It is recommended that muhj-famify dwellings situated on a single tract be corwdered for additional protection under the residential teat Under the present ordinance, a sexually oriented business may not operate at a location if 75 percent or more of the tracts within a 1,000 foot radius of the business are residential in character. Although it nay not be possible to count each unit in a multi-fioiiily development as a separate residential "tract" for purposes of the residential restrictions of the ordinance, h is recommended that a ratio of eight single family tracts for each acre 14 5'fiP of multi-family tract be considered to provide additional coruddentioo. for protection of residential neighborhoods that include multi-finmly developments. 3. Signage restrictions under the present ordinance apply essentially only to single use, freestanding sexually oriented businette* and am to "multi-tenant centers." As » practical natter, this allows some sexually oriented business** to utilize large fi'gnage and otherwise prohibited exterior decorations by the simple expedient of incfajdrngtwoornroresmaBnoiVBexualtyorierrtedbua^ premise*. It is recommended that the signage and exterior appearance provisions of the ordinance be strengthened to eliminate thii practice. 4. In keeping wnh the theo^ of fknaiy preservation, the (^^ inclusion of "pubtic park", and, if legally definable, "private parks" to the protected land uses. Pubfic and expert wmiesses testified that the inclusion of the was necenary to continue their rejuvenation. The tarm 'readential' shafl also include anynni'mppTviprl tml 4«ff%r"»H fof W •pr»*Mttl papaams M rfmdrnfhl by the Harris Q>ontyAapriiaal District In addition, it ihafl include any tract, that, based upon the records of the i planning official has been aubdrvided or platted for rrndrmial use, but that is not yeTdeagnated for tax appraisal purposes as resraeutuu. . 5. The committee trconnnends that each anpficam . foflowiag the filing of the *pptiration and payment of the ^^g fise, place signs at the premises intended as .the site for the SOB (at least 24 inches x ^ inches in oza) dot provide notification and nrfbrnvoibri specifically «a^g'^eniafly(>icntedBusine3aJ)erniit" Application. PendingJ" ~^5ii.' •' -i." ' . '* , ••-. •' •-3- - -' i-. -,il-S_'»i*'t ''..:' ;. .' _' - " " —&~~- •• -' •'-s" • — : .-- '•.'*•" "••'.. . - • " ••- '*• 6. - The comiiiiaee reconuueiuia that each applicant give notice of the application by ;. .-. .publication at his own expense m two consecutive jaaocii of a newapaper'pufa&ahed "- ' and Opqationt - 1. The committee recoinniaida that all entertainers and managers of SOBa hold permits issued by the vice division of the police department. The permit •ppjtcatxm «h*fl include "«m^ t^Mr**^ date ofbirth, photo identmcattoa, a fiat of criminal charges pending, convictions and time in jail Crones ^mtfying a. denial of a ywi iiit are Grntttd to flflrnm r^Hf'g ti? rriranff^ tr"ti ^nmtntrt ««d ermnxal actrvitiea known to be prevalent in SOBa. •' 15 COPY ~***f 2. The committee recommends the issuance of two photographic permits, a personal card and an cm-site card. Each manager or entertainer shall conspicuously display tea personal card upon hia person at all tiroes while acting as an enrntainer or ' of or in an enterprise. The on-site card ahaQ remain in the charge of the on-atte manager of the enterprise to hold wage the manager or entertainer is on the premises. 3. The cononitteerecoiniiien& that is shall be uniaw customer or the dotting of a customer white engaging in entertainment or while exposing any specified anatomical areas or engaging in any specified sexual activities. E. Amortization Beginning in 1983, prior to the adaption of the current series of City regulations regmrdhig sexually oriented buauieaiea, the Chy Council Committee studying the issue concluded that the nature of the advene secondary vffixts produced by the operation of scoiaQy oriented businesses ro^iM oniy be addirfifd by Trf"^11^ regulations against costing businesses (i.«., "amortization1*), rather than allowing businesses existing at the .time of the ordinance passage to exist essentiaffly in perpetuity (Le. "granTflathrring"). Toe City Councii legislative report, which was subsequently adopted by the full Chy CouncO concluded, "During the hearings, it became evident to the Conanittee that the problems created by sexually oriented businesses had been allowed to persist for so long that mereiy addressing the problem 'from here on out' would not be adequate. Prospective.legislation •would do fittle or nothing to alleviate the current serious proWem caused by ousxne»e* mlready existing. -The CouimittM therefore concluded that exJKing bii^nmes should come under the ordinance; for this reason the'Comtnteee rejected grandftttiering of . existing businesses ««f dgtwuiunnl tfw mn'i tir^itnti^mtiM be the appnapriate approach.'* (Houston Chy Council^^on the Proposed Regulation of Scoalty Oriented Businesses Report, December 1,1983, pg. 29). rHua position was reconfirmed when the City Cound reviiiwd negulation of sexuafiy oriented butinesaea in 1986 and 1991. Each sibaequent revision of the City's sexually oriented business ordinances included an ajnc«tia«ic«ntt>visica^d«gnedtogrve all *«'**"'g sflbcted sexually utieutd businesses an TT*rt'a^ sfac-ntomh period for compGance, mdudtng relocation^ if necessary, "and art opportunity to justify an additional extension for lawful operation before a heiring examiner appointed by tbe director under the ordinance. Records of the amortization hearings indicate that many affected businewes were atte to obtain extensions of up to 5 1/2 yean foflo wing the initial scx- month compliance period. The avenge extension, historicaay. has been about 2 to 3 yean. The factors considered in granting additional extensions of time included: 16 (1) the amount of the owner's investment in the existing enterprise through the date of passage and approval of the Ordinance; (2) the amount of such investment that hu been or will be realized through the 180th day following the efEecnve date of the Ordinance: (3) the life expectancy of the existing enterprise; (4) the existence or nonexistence of tease obligations, ts well ss any contingency clauses therein pennittmg termination of such leases. Amortization, as opposed to grandfatfacrihg, of existing sexually oriented businesses in Houston was specifically upheld by the federal dtsoict court m tne c=« of 6IX/://^ V, City of Houston. 636 F.Supp. 1359 (SXLTexT I9g6), affirmed «37F.2d 1268 (5th Gr.In SDJ. the court held that "It is generally accepted that preexisting non-conforming uses are not to be perpetual11 636 F.Sopp. at 1371; The Court noted that Texas follows the generally accepted rule that nonconformraguses, subject to zoning or stmuar regulations, •re not to be perpetual, and that amortization to allow for The recoupment of arw in aa ending land use is an appropriate measure to balance the property owners* rights Against the proper exercise of the City's pofice power to regulate mm-uiufinmnag uses. See, «.y.. City of University Park v. Burners, 485 S.WJd 773 CTex. 1972). "Gnmdfidhering" eaaentiaJly contemplates .-;?'•£ ptgrnoaea or land uae» following the paasage of aonaig or smajarkbd use ordmanrrx, ~~'s £ notwithstanding that such businesses or uses deaiiy violate the provisions "of the '^-'. - -V ordinmGe.' The effect of "grandfathering" ia to continue such non-confcrnung uses r 'V jt u^efinh^.aWiough new land uses nisybel^ '*±':% mimberc^azrtnornieshc4dthate8*aW«hsd^ ' "' %'^}? must be aQowed to continue the use, notwithstanding timntftrbr change m'owncrshJp. . ' : V .^ S«, S«^cuj 25-183 JOT McQuQlin, Mimicipd Corpo^ : 'J ^ ^^be enforced sgainst the particalar property Wbusinessuse//^ While these luthontics may not neoessarfly preclude teraanan'oa of noo-con&umuig rights npon Uanafig of .- -.-' ownerao^ under Texas law, it uahog^herpossu^ oriented businesses could find -wmya to structure ssle of assets or. ownermip interests m~ such a manner as to perpetuate the entity "owning" the sexually oriented business to avoid of Tiou-confiynung lights. In any svect, most ooo-cofltofnung sfxiiaHy oriented busincsaes would Gkrfy enjoy the opportunity far s very teng continuation in business .under sny "grandfittherouy scheme. In contrast, amortization has been determined by the prevajaing majority of courts in this country to be a reasonable means of accommodating the need to protect the public from 17 adverse land uses, while *t the same <inn; giving consideration to the rights of business owners to recoup business investments, prior to feeing the «5ecta of a restrictive ordinance The problem with "grandfathering" ia that it perpetuates oon-ccafbnning uses for an indefinite period, thus preventing the effective exercise of the City's police powers to protect its residents. Aa noted by the Supreme Court of Texas, "There are strong po&cy arguments and a demonstrable public seed for the &ir and reasonable terminatioaof non-conforming property uses which most often do not disappear but tend to thrive in monopolistic positions in the community. We are in accord "with tfae principle that municipal zoning ordinances requiring the tenmnaiion of non-cc^nmng uses under reasonable conditions are within the scope of municipal police power. That property owners do not acquire a constitutionally protected vested right in property uses once i(fHiu)tfriwfcftfy\ anujflj f4««^ffii-fft'<7«^ pflCT tnadff. Otherwise, a lavfiil wxnltf *?ftih** poficepowerbytbeo^venungbodyoftheGtywoiidbeprBchtded." City of University farJcv. Seaners, supra, 485 S.W.2d at 778. The adult bookstores and theaters that challenged the 1991 City of Houston sexually oriented business amendments aa requiring then to change operation or rclnn^* daizned in tin) pending &deral lawwh that the C^y -waa legally required to gnndraxher them at their present locations!' The City has vigorously contested tWsconrjenrimi, which is not in accord with the settled law[governing the matter. In additions, all prior City Council canmitteea and City CouncOs considering «mri*»ri'"t<tiofl of new sexually oriented •business ordinance revisions have concluded that amortization ia im's^nay to provide protection to aQ residents of the City, while recognizing the ability of business owners to remain n opera&aa :wntoifi reloca^ hu occisionalry experimented, on a small icale, wrA agnuc&theriag^ai the past, such. provisions have been fiinited to relatively small numbers of businesses such as automotive salvage yards.',lh .no such case haa trie City Council documented exteoarve adverse secondary effects OTj9umwndu%neigfaby^ to this Committee and prior City Council committees regarding tfae operation of sexually oriented As a practical matter, the "grandfkthering" of existing sexually oriented businesses under any proposed ordinance revision would allow such businesses to cc^rtinue to operate in violation of riew regulanoM'Indefinitery. Hbwever/p«nona propoaiiig to operate new ; sacuafly oriented bastne&se* would have to comply with the xuO force of more stringent regulations, and residents and neighborhoods presendy ad^acertto easting sexiiafly . orieoted busineoaea would have to essentially ove with me continuing eflects\>fsuch busmesaes on their localities for an indefinite period. Whflc such a situation would not rih/give rise to any legal cause of action on the part of such new businesses or existing neighborhooda, the potential for the pen^ption of uneven treatment with respect to the protected position of existing sexually orientad businesses is readily apparent. 18 Historically, the City's aroortizition program has significantly reduced the advene secondary effects of sexually oriented businesses b a relatively abort time-frame, while still terminating existing mritrxHuomiuig businesses tn a legally permissible fashion. Further, the City's position in pending litigation involving amortization of adutt bookstores is best served by maintaining an amortization policy consistent with patt practice, rather than experimenting with grandfathering. In conclusion, although "graad&thering" remains technically available as a legal option for implementation of proposed sexuaOy oriented business amendments, h clearly posei significant legal and policy disadvantages, as noted above. The Committee therefore recommends that existing SOBs rendered noflconfonmng be allowed to recoup investment through an amortization process. SECTION BY SECTION ANALYSIS The Amended Ordinance incorporates a substantial number of procedural and administrative changes that reflect ten yean of operating experience with the Original and two Amended Ordinances snd a bfttw understanding of the ways in which *utfi'tv*ntf nt of the ordinance could be improved. This portion of the Report briefly outlines on a section-by-section basis the major changes that have been made and the reasons far those changes. Section 28-81. P*^"^*ipflii General Comment. As a genenl matter, definitions in Section 28-81 have in many cases been reworded to conform more closely with definitions already used in other municipal ordinances. In addition, "adult mini-theatre** hff been addfd throughout mis amended ordinance. Section 28-8 1 . DtffljtiffBii "^JBJt piini«tlieatie." In the previous Ordinance, no mention was made of an "adult mini-theatre." This definm'on has been added to incorporate theatres iha are hmaided for the viewing of five (5) to one hundred (100) patrons. Section 28-81. Drf«jtiq*yt •"Man-theatre deyjce." In the previous Ordinance, no mention was made of a "mini-theatre device." This definition has been added to incorporate any coin or slug operated or electrically or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of 'entertainment, ' that is intended for the viewing of more than five (5) persons but less than 100 persons mexchangc for any paymeatofany consideration. It is not intended to include any conventional motion picture screen or projections that are designed to be viewed in a room containing tier or rows of seats with a viewer seating capacity of 100 or more persons. 19 28-81. D^HtfelBi "Owner or owners." This definition his bean expanded to include the major siorirholdon/controBcra of a corporation. Although requests cane in to fist all stockholders, h does not require the disclosure of om-controlling parties. Section 28-81. P^nitiom. "Spypifcd «n.il7**"7fll ar**|i5." In the previous Ordinance, no mention was made of "specified anatomical area*" in this particular section. As a nutter of consistency throughout the ordinance, h has been added here. Section 21-92 (el Application. Theaduhccadeoraduhnmu-theatrepcnnitfeewBsestabfished eleven years ago and analysis reveali that with the increase in administnaive costs, this figure is no longer viable. Therefore, the incrcwe from $75.00 to J275.00. Section 28-92 ffl. AflpKeafr?"i In tn effort to darirV the appBcatioo process, the submission of the applicant must be submitted by hand defivery fay the intended operator. ' Section 28-92 fliV Application. Where a premise* is so configured and operated as to constitute both an adult arcade and an adult mini-theatre, then die operator may apply for and obtain a combined permit authorizing operation as both an aduh arcade and an adult mini-theatre. 28-93 fg), Tynan** or denial by polity chief For purposes of consistency throughout the ordinance, the notice of issuance or dental of the permit has been expanded to twenty days with a. possible extension totaling thirty days. Section 28*93 (R). ^im'UKt y 'ilyittl fry PoHco chief! AD fees must be paid with either a, certified check, cashier's check or money order. Section 28-94. Term. Permit terms have been restructured to read as follows: "Each permit shall be valid for a period of one (I) year and shall expire on the anniversary of its date of issuance; unless sooner revoked, or surrendered. Each permit shall be subject to renewal as of its cxpii^oa date by the fifing of a renewdappGcsdon with the pofice chief. Renewal applications must be filed at least twenty (20) days prior to the expiration date of the permit that is to be renewed and shall be accompanied by a fee of one hundred dollars ($100.00). Section 2S-9S. flrt Transfer upon champ The original transfer fee was set over ten years ago. The VHM dcfMBtinent ivcenuy analyzed the current costs for transfer. The transfer application fte has changed to $100.00 to reflect these costs. and "lewd conduct" have been added here to be consistent throughout this Ordinance. Section 7?-99 fbV Appeals. "Secretary of the general appeals board" has been deleted and replaced by "hearing officer" because it was determined that the transfer of this duty wiB streamline the appeals into an efficient, professional, and impartial process. In the event it is not 20 ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS 1984 ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS Department of Metropolitan Development Division of Planning February, 1984 . TABLE OF CONTENTS SUMMARY AND RECOMMENDATIONS I INTRODUCTION 1 STUDY METHODS 2 CRIME INCIDENCE 8 MAJOR CRIMES 9 SEX-RELATED CRIME 15 CRIME IMPACT BY AREA TYPE 22 REAL ESTATE IMPACT 27 PROFESSIONAL APPRAISAL OF IMPACTS 32 20% NATIONAL SURVEY 33 lOOt MSA SURVEY 39 APPEND!CIES I. AREA MAPS l-l II. SURVEY OF APPRAISERS II-I III. LAND USE CONTROL OF IM-I ADULT ENTERTAINMENT f SUMMARY AND RECOMMENDATIONS During the past ten years, Indianapolis has experienced a signi- ficant growth in the number and variety of adult entertainment businesses located in its jurisdiction. An adult entertainment business, for the purposes of this study, is an establishment which primarily features sexually stimulating material or per- formances. As of mid-1983 there were sixty-eight such businesses operating in this City. They were located at forty-three separate si tes. The proliferation of these businesses heightened the community's awareness of their existence and resulted In numerous requests that the City control their presence. Beyond the moral objections raised by many citizens, it was also alleged that such businesses had a detrimental effect on property values and contributed to high crime rates where they were located. The Indianapolis Division of Planning undertook this study in July of 1983. Of the existing adult entertainment sites, the study examined six representative locations ( the Study Area } and the presence - or lack thereof - of certain relevant condi- tions therein. It then compared these sites with six physically similar locations ( the Control Area ) containing no adult en- tertainment business. Both groups of sites were compared with the City as a whole. Because of their importance to the public welfare of the commun- ity, the study examined the factors of crime incidence during the period 1978 - 1982 and real estate value appreciation from 1979 - 1982. In support of limited real estate data on a small area level, the City collaborated with Indiana University in a national survey of real estate appraisers to develop a "best pro- fessional opinion" as to the effect of adult entertainment busi- nesses on surrounding real estate values. As discussed In Appendix 111 of this report, case law has firmly established the' legal and constitutional basis for control of the use of land within their jurisdiction by states and municipalities in order to safeguard "the public health, safety, morals and gen- eral welfare of their citizens". The "public welfare", in this context, embraces the stabilization of property values and the promotion of desirable home surroundings. On the other hand, case law has also upheld the right of this business sector to operate in the community under the First and Fourteenth Ammend- ments of the Constitution. In establishing an empiric base to determine whether controls were warranted in order to direct the location of these businesses, analyses of the data showed: - The average major crime rate ( i.e., crimes per 10,000 ^f population ) In the IPD District was 748.55, the Control Area 886.34, and the Study Area 1090.51. Major crimes oc- curred in areas of the study that contained at least one adult entertainment establishment at a rate that was 23* higher than the six similar areas studied not having such businesses and 46J higher than the Police District at large. - Although it was impossible to obtain a discrete rate for sex-related crimes at the police district level, it was possible to compare rates between the Control Areas and the Study Areas. The average sex-related crime rate in the Control Areas over the five year period was 26.2, while that rate for the Study Areas was 46.4. - If the ratio of sex-related crimes was the same as that established for major crimes between the Control Area and the Study Area, however, we would expect a sex-related crime rate of 32.3- The actual rat* of 46.4 Is 77t high- er than that of the Control Areas rather than the 23* that would be expected and Indicate* the presence of abnormal influences In the Study Areas. - Close examination of crime statistics within the Study Areas Indicate a direct correlation between crime and the residential character of the neighborhood. Crime frequen- cies were 561 higher In residential areas of the study than in its commercial areas. - At the same time, sex-related crimes occurred four times more frequently within residential neighborhoods having at least one adult entertainment business than In neigh- borhoods having a substantially district-related commer- cial make-up having adult entertainment. - Although the housing base within the Study Areas wes of a distinctly higher value than that of the Control Areas, its value appreciated at only one-half the rate of the Control Areas' and one-third the rate of Center Township as a whole during the period 1979 - 1982. - Pressures within the Study Areas caused the real estate market within their boundaries to perform in a manner con- trary to that within the Control Areas, Center Township and the County. In a time when the market saw a decrease of 50t in listings, listings within the Study Areas actu- ally Increased slightly. II w( - As a result, twice as many houses were placed on the market at substantially lower prices than would be expected had the Study Area's market performance been typical for the period of time in question. - The great majority of appraisers (75)) who responded to a na- tional survey of certified real estate appraisers felt that an adult bookstore located within one block would have a negative effect on the value of both residential (80%) and commercial (72%) properties. 50% of these respondents foresaw an Immedi- ate depreciation in excess of 101. - At a distance of three blocks, the great majority of respon- dents (71%) felt that the impact of an adult bookstore fell off sharply so that the impact was. negligible on both residential (641) and commercial (77*). At the same time, it appears that the residual effect of such a use was greater for residential than for commercial properties. - In answer to • survey question regarding the impact of an adult bookstore on property values generally. 50% felt that there would be a substantlal-to-moderate negative Impact, 30% saw little or no Impact, and 20% saw the Affect as being dependent on factors such as the predominent values (property and social) existing in the neighborhood, the development standards impos- ed on the use, and the ability of an existing commercial node to buffer the Impact from other uses. While the statistics assembled and analyzed In this study should not be construed as proving that adult businesses cause the negative im- pacts illuminated herein, an obvious variable In each instance of com- parison is-their presence. Crime rates - particularly those that are sex-related - show substantial deviation from normal rates for this population. Analyses of real estate listings and sales show a nega- tively abnormal performance of the real estate market in areas where adult entertainment Is offered.In this latter case, the best profes- sional judgement available indicates overwhelmingly that adult enter- tainment businesses - even a relatively passive use such as an adult bookstore - have a serious negative effect on their immediate envi- rons. Consequently, it would seem reasonable and prudent that the City ex- ercise Its zoning power to regulate the location of adult entertain- ment businesses so that they operate in areas of the community that, while accessable to their patrons, are yet located in districts that are least likely to injure the general welfare cf residents. r IT IS, THEREFORE, RECOMMENDED: - THAT ADULT ENTERTAINMENT BUSINESSES BE ALLOWED TO LOCATE IN AREAS THAT ARE PREDOMINANTLY ZONED FOR DISTRICT-ORIENTED COMMERCIAL ENTERPRISES - I.E., C4 OR MORE INTENSE USE CATEGORIES. THAT NO ADULT ENTERTAINMENT BUSINESS BE ALLOWED TO LOCATE IN AREAS THAT ARE PREDOMINANTLY ZONED FOR NEIGHBORHOOD- ORIENTED COMMERCIAL ENTERPRISES - I. E., C3 OR LESS INTEN- SIVE USE CATEGORIES. THAT EACH LOCATION REQUIRE A SPECIAL EXCEPTION WHICH, AMONG OTHER CONSIDERATIONS, WOULD REQUIRE APPROPRIATE DEVELOPMENT STANDARDS DESIGNED TO BUFFER AND PROTECT ADJACENT PROPERTY VALUES. THAT THESE USES NOT BE ALLOWED TO LOCATE WITHIN 500 FEET OF A RESIDENTIAL. SCHOOL, CHURCH OR PARK PROPERTY LINE NOR WITHIN 500 FEET OF AN ESTABLISHED HISTORIC AREA. iv 7 • I. I INTRODUCTION As is the case in nose large cities, Indianapolis has experienced a rapid growth in the number and variety of adult entertainment businesses over the past ten years. As of June, 1983 there were sixty-eight such businesses located singly and in clusters through- out Marion County. For the purpose of this study, the term "adult entertainment busi- ness" is a general term utilized to collectively designate busi- nesses which primarily feature sexually stimulating material and/ or performances. These non-exclusively include adult bookstores, adult cabarets, adult drive-in theaters, adult mini motion picture theaters and arcades, adult entertainment arcades and adult ser- vice establishments. These enterprises have posed a particular problem due, in part, to the moral implications attendant upon such businesses in the minds of many members of the community. While this is, perhaps, the view of the majority, case law on the subject has clearly established that the exclusion of such businesses from a community is an in- fringement of First Amendment rights. The proliferation of such businesses providing various forms of adult entertainment In Mar- ion County has exacerbated this dilemma and given rise to addition- al charges of negative impacts on neighborhoods in proximity to their location. Through the use of their zoning power, cities have within the past half century directed the physical growth of communities in order to assure a harmonious blend of land uses which foster the general welfare of the population. This power has been applied more recent- ly to adult entertainment businesses in many communities and has served as a prime means of controlling possible negative impacts on neighborhoods. This study was undertaken to examine these alleged negative impacts with the purpose of empirically establishing, to the extent poss- ible, their existence or non-existence as well as their real di- mensions in Indianapolis. The possible relationships between these impacts and the land use characteristics of the sites in which they are offered were also examined to ascertain whether certain land use classifications were better suited than others for the loca- tion of adult entertainment businesses. STUDY METHODS As described below, the study methodology employs the comparison of different land areas in Indianapolis. The two basic areas of comparison are Study Areas and Control Areas. They are distin- guished by the existence of adult entertainment establishments within their boundaries { the Study Areas } or the absence there- of ( the Control Areas ). These two designations are further differentiated as to the gen- eral purpose or emphasis of the land uses they contain. Those that generally serve the immediately surrounding residential uses are termed "Neighborhood-Re lated" while those that contain uses meant to serve a broader geographic area are designated "Commun- ity-Related". STUDY SITE LOCATIONS At the time of the study's inception, there were at least forty- three possible, distinct sites in Indianapolis where adult enter- tainment was offered either singly or in clusters of establish- ments. For manageability purposes, it was decided to select six of these sites that were representative. In choosing these subject lo- cations (as well as the Control Areas of the study),the determinant characteristics were their zoning mix, population size and the relative age of housing stock. In each case, adult entertainment was offered during the time span of the study. The selection process was additionally based on the number of es- tablishments located In a given neighborhood, whether It was resi- dential in nature and therefore neighborhood-related, or contained a significant portion of its land use in regional, commercial uses which made It community-related. The designation "Neighborhood-Related" was applied where a prepon- derance ( 75* or more ) of the area within 1000 feet of the site was zoned 01 through 012 ( residential dwelling district classifi- cations ) and the commercial areas were neighborhood-related - prin- cipally C3 ( a neighborhood commercial classification ). Special Use designations were judged to be neighborhood-related or not on *n individual basis. SU1 (church) & SU2 (school), for example, were judged to be generally neighborhood-related. "Community-Related" areas were described as areas where a signifi- cant proportion (301; or more) of the zoning within the 1000-foot radius was Ck ( Communlcy-Regional Commercial ) or more intense and the Special Uses within the boundaries were of a community-wide na- ture. SU6 (hospital) and SU21 (cemetery) were judged, therefore, to be related to the community generally. Within these two broad classifications, six locations were chosen. Two of them were situated in residential settings, two in re- gional-commercial settings and two in areas that fell in between, i. e., areas that had a high percentage of residential zoning but also contained a certain proportion of regionally oriented com- mercial zoning. These six locations became the Study Areas of this investigation, (cf. Appendix I) r SITE Residential East 38th St. 2.3155 East 10th St. Com I ./Residential 3.3555 West 16th St. 4.2101 V. Washington Commercial AREA ZONING CHARACTERISTICS STUDY AREAS CHARACTERISTICS 5.6116 E. Washington 6.4441-63 N. Keystone Residential 04-821 05-75* 05-78% 05-60* 05-65* 06-5* 05-15* Commerciar C1-7* C3-8* C3-24* C4-22*' C>3* C4-18* C4-30* C2-5* C3-10* C5-40* Special SU1-3* SU9-1* SU2-17* *• MU-12* 120-13* Parks - PK1-2* •» PK2-5* Of the two sites chosen In residential areas, on* contained an adult bookstore (Apollo Adult Books, 5*31 East 38th St.) and a massage parlorfEw's Garden of Relaxation, 5429 East 38th St.) The other residential location contained an adult Movie house (Rivoli Theater, 3155 East 10th St.) and a topless bar (Ten-De Club. 3201 East 10th St.) One of the commercial/residential areas had a topless bar within its boundaries (Blue Noon Saloon, 2101 West Washington), while the other harbored the White Front Bar which featured topless dancing (3535 West 16th St.) The two commercial areas chosen were In the sixty-one hundred block of East Washington St. and the forty-four hundred block of North Keystone. The first site contained two adult book- stores (Modern Art Bookstore at 6118 and Adult Arcade at 6122) and a message parlor (Spanish Moon at 6116.) The North Keystone location contained four massage parlors (Other World, 4441, Diamond's Angels, 4445, Pleasure Palace, 4461, and Town and Country, 4463), two adult bookstores (Video World, 444? and Adult Bookstore, 4475) as well as a topless lounge (Devil's l \D r Hideaway. 4451). Six areas were a.lso selected to serve as control sites for the study. These sites were chosen on the basis of their proximate location to the Study Areas (or their location on major thor- oughfares in areas physically similar in location and types of development), size of population and zoning characteristics. None contained adult entertainment businesses. Selection was also made so that two of the sites were in predominantly resi- dential areas, two in commercial areas and two in areas that contained a significant mix of residential and regional com- mercial zoning. These six sites became the Control Areas of the study, (cf. Appendix I.) SITE Res i den t i a I 1.2300 West 10th St. 2.2500 East 10th St. Com]./Residential 3.5420 E. Washington 4.2600 W. Washington Commercial AREA ZONING CHARACTERISTICS CONTROL AREAS CHARACTERISTICS 5.5200 14. Keystoo« 6.750 N. Shade Iand Residential 05-82* 05-801 05-62% D6-8X 08- 10* 05-35* 04-3^* 02-7* 04-2* 05-15* 07-6* 02-3* 03-15* 07-1* Commercia C1-4* C3-14* C2-12* C3-8* C3-1* C4-19* Cl-2* C2«1* C5-13* C7-8* C1-4* C3-9* C5-25* C7-20* CS-2* C4-49* C5-10* CS-5* Special - SU1-3* SU2-3* 11U-10* SU1-15* Parks - - - r AREA ZONING CHARACTERISTICS NEIGHBORHOOD-RELATED COMMUNITY-RELATED Residential Study Area 1. 100) 2. 99* It Control Area 1. lOOt 2. 100t Cornl./Residential Study Area 3. 78t 22t 4. 82t I8t Control Area 3. 8lt 19* k. 78t 22t Commercial Study Area 5. 70t 30t 6. 35t 65t Control Area 5. *3* 57t 6. 36t 64* STUDY SITE COMPARISONS Throughout the following analyses, a scries of comparisons are made at several different levels of geography: i.e., County/ Police District; Census Tract/Census Tract Cluster; and Control/ Study Area. Large Area When dealing with crime statistics, the Indlanpolis Police Department District is used as the largest universe of com- parison. In the case of real estate Information, Marion County is used as the largest geographic area of comparison. Center Township is also used as a basis of comparison in the analysis of adult entertainment impacts on property values Mid-Size Area Intermediate geographic levels used for comparison in the study were census tracts when study sites were centrally located within their boundaries. Where they were not, those census tracts in proximity to the site were chosen as the basis of comparison. CENSUS TRACTS/TRACT CLUSTERS Study/Control Areas 1 2 3 4 5 6 Control Areas pTTT 3527 36lT 3417 32l6~ 36bT 2416 35*7 3612 3426 3217 3607 35*8 3608 Study Areas 3310 3526 3*11 3*14 3607 3216 3601 35^8 3*26 3224 3549 3538 3225 3226 Sub-Area The Control Areas and the Study Areas, as described above, formed the smallest geographic group of the study. These target areas were constituted using the criteria listed in the previous section of this report and data derived for them by aggregating block-level or addressed data within a 1000-foot radius of the area centroid. f I • Study Area O Control Area 1980 CENSUS TRACTS ADULT ENTERTAINMENT BUSINESS STUDY CRIME INCIDENCE The Data Processing Unit of the Indianapolis Police Department performed two computer runs of their "Incidence Files" ' in August of 1983 at the request of the City Division of Planning. The re- sultant printouts detailed all reported incidents to which po- lice had been dispatched in the Control Areas and the Study Areas during the years 1978, 1979. 1980, 1981 and 1982. Data were assem- bled from these printouts on a year-by-year, area-by-area basis. They were then grouped by Major Crimes2 and Sex-Related Crimes.3 Summary data for the Indianapolis Police District were also assem- bled for major crimes during the years 1978 through 1982. Unfor- tunately, sex-related crimes had not been discreetly assembled for the Police District and study constraints would not allow their tabulation manually. The purpose of these tabulations was to identify any possible abnormalities that might have occurred In expected frequency and nature of crime between the Indianapolis Police District, the Control Areas which were chosen for their similarity to the Study Areas and the Study Areas themselves in which adult enter- tainment establishments were In operation. As was demonstrated in the previous section, the Study Area loca- tions were chosen as being representative of existing adult en* tertalnment sites in zoning mix, size of population, age of hous- ing stock and types of adult entertainment services offered in the area. Excepting the latter, these same criteria were used in the choice of Control sites. Because they were representative, it is possible to compere Control and Study Areas as well as in- fer findings to other adult entertainment locations in the com- mon i ty. Based on the summaries of crimes, crime rates were computed for each area using 1980 Census data as the population constant. * The crime rate statistics portrayed the frequency of crime in each area for each 10,000 of population and allowed direct com- parison of crime impacts between the three areas. The same tech- nique was used to compare the magnitude of sex-related crime in the Control Areas and the Study Areas. MAJOR CRIMES The crimes of Criminal Homicide, Rape, Robbery, Aggravated Assault, Residence and Non-Residence Burglary, Larceny and Vehicle Theft are reported on a monthy basis by the Indian- apolis Police Department as Major Crimes. During the period of this study ( 1978 - 1982 ), there were 175,796 major crimes reported in the IPO District with an annual high of 37.220 occuring in 1980. The crime rate for this year was 792.42 in the police district. This represented an increase of 2,115 major crimes over the previous year total and an increase of 6) in the crime rate. The lowest annual total in the study period ( 33,898 ) was reported in 1981 which represented a drop of lOt In the crime rate from the previous year. f Indlanapolla Potfca Dlatrict Major Crimaa/Rataa 1978-1982 Population- 4M.700 wa 1*7*1M1 TV/I.**M/1.M •Jobbery 1M3V41.7* Aeerwctee' t1§4/4«w71 ia>4/»aj< 174V97.11 •MAV1M.11 •watery ma/ao.»a 1«Ma^«74« 1M27/40244 77M/1M.7O ttia/47.1t 17497/37U1 V«Mch>Tfceiu tttt/u.1* Tetek *4e*7/74i.«a TeMOrtmet iTeVTM Per lOuOOO 8 r Over the same period of time, the Control Area for this study had 5J70 major crimes committed within its boundaries - the highest number occurring In 1980 when 1,099 crimes were re- ported. The crime rate for this year was 9*»2.05 in this area. This is compared to the lowest total of 912 and a crime rate of 781.76 for 1978. This represented an absolute difference of 187 total major crimes and a difference of 21* In the crime rate ( 160.29 ). Control Area Major CrinwB/Ratt** 1978- 1982 Murdar Rape ftofetoery Aggravated Aaaeutt Maaidence Burglary Non-RaaidancaBurglary Lareany VaMelaTheft Tout ••w 10400 ^opU 1676 1/046 6/646 67/31.72 16/1646 161/126.42 71/6046 464/41448 141/12046 812/781.76 letat 1678 1660 4/3.43 3/247 12/1O46 16/1246 44/37.72 44/37.72 36/30.00 26/2446 226/166.30 262/22446 60/4246 62/63.18 644/46641 874/4S2.OS 112/68.01 110/6449 1430/662.81 1466/64246 1661 6/446 6/646 60/4246 60/28.72 272/233.16 66/6047 AaWI/fUVA Ait 83/71.16 1662 2/1.71 13/11.14 36/30.66 67/31.72 166/166.72 76/67.72 678/43641 80/77.16 1.066V63643 1434^6644 Tetat 6.170 Averaga: 66644 During th« period 1978 - 1982, 4,657 major crimes were committed in the Study Area. As In the IPO District and the Control Area, the greatest volume of major crimes ( 1,103 ) occurred in 1980 which had a crime rate of 1,291.^2. The fewest number of crimes in the study's time frame was 867 In 1978 which represented a differencial In the total number of major crimes reported and the rate of crime of -236 and -276.32 respectively from 1980 17 Study Araa tera Major Crlmaa/Rataa* 1978-1982 tPopUatkxr-6441) 1641 1*12 12/1444 63/6244 2/244 11/19 o/- 4/1044 24/30.44 Aggravated ftMWane* Burglary Non-ftMMeflMBurglary Larceny VeMcto Tlwlt M/C4.4O aevta.27 161/14640 200/234.17 244/26546 160/222.46 44/81.62 442/64042 46/76.10 44/7443 460/62647 * 664/466.10 640/466.66 444/64344 60/10647 100/11744 77/M.19 •Mr 10400 Totat 447/1016.10 641/103140 1103/1241.42 431/1040.04 476/1024.47 Totat 4.667 Av«rag« 10*aS1 r Th« frequency of crimes In th« IPO District, the Control Areas and the Study Areas showed approximately the sane pattern. In each of the areas, the number of major crimes Increased from 1978 to 1980 when they peaked. Subsequent years showed frequency levels below the 1980 high. The average crlne rate figure for the Indianapolis Police Depart- ment District was 7*8.55. The Control Area had a rate that was 137.79 higher than the overall police district, whereas the Study Area was .204.17 points higher than the Control Area. In other words, people living In the Control Area of the study were ex- posed to a major crime rate In their neighborhoods that was 18} higher than that of the IPO population generally. Residents of the Study Area, however, were exposed to a major crime rate, that was 233 higher than that of the Control Area and 463 higher than the population of the IPO District as a whole. c 10 C Major Crime Rate* 1978-1982 •WMT IKHfflHPCO IT >Y iro outrict — Control Ar«a — • •tudy Araa 1800 1300 11OO hoisj k 80O TOO 600 1031.8 •42.1 •99.9 1024.5 •86.3 739.8 1978 1878 1880 1881 18«2 *Th« miiMrie*l iMtanc* of CrimlMl Homlckto. Rap*. Mobbory. Ag8rtv«t«d Assault. Noaldonc* •urglary. Non*fte«ldonc« 8urolary. Larceny and Vohleto Thott- p«r 10.0OO Population. 11 It is interesting to examine crime rates within the Control and Study Areas In relation to the land use characteristics of th« locations In which they occurred. Crime rates provide a better understanding of actual impact on the resident of the area than crime frequencies in that they establish a ratio of crime to each 10,000 of popula- tion. In this way, they tell us just how vulnerable a neigh- borhood is historically to crime within Its boundaries. r 1. 2. 3. k. 5. 6. Studj 2! 3.4. 5.6. 1978-1982 ANNUAL AVERAGE MAJOR CRIME RATE BY LAND USE Commercial Com)./Res.Residential Pop./Cri me/Ann. Rt Pop./Crime/Ann.Rt. Pop./Crime/Ann.Rt. 379 240 1267 523 11*7 4386"535" T387 3075 2828 837 592. 2382 70S 592 "5210 754T 592 2159 1173 1087 1067 629 2256" 807 219 439 '(009 831 13651218 831 I! T537 T270" 1768 1015 834 1643 1203 653 1086 27TJ 3656 1232 674 1230 668 1086 1550" 778 Accordingly, we find that this Impact Is 741 higher In dis- trict commercial areas of the Control Area than similar dis- trict commercial areas of the Study Area. However, while the rate Is approximately the same In the residential areas of both, the Study Area exhibits a crime rate that is 127* high- er than the Control Area In locations that are mixed district- commercial and residential In nature. 12 1978-1982 Annual Averag* Major Crlrn* Ratal*: Mtettd Ar«a« Total Aroa Coot. Com!./ Itaa. ROM Total Ar«« Control CoaM. Coffll./ Baa. Study Aroa • *Ptf 10.0OO Population SEX-RELATED CftlHE 3 Crimes of Rape, Indecent Exposure, Obscene Conduct, Child Mo- lestation, Adult Molestation and Commercial Sex were segre- gated and then aggregated from police printouts of total crime incidence occurring within the Study Area and the Control Area for the period 1978 - 1982. A total of 153 sex-related crimes was reported in the Control area during this period, with a high of 39 having occurred in 1979. During the same period, the Study Area experienced 198 sex-related crimes, reaching a high of 52 in 1981. r Control Area Sex-Related Crtme»/Rate»*1978-1982 a 7 e • a e ia 10 t 10 a 1 a 4 a ia a a i e it 4 1 It a e tS/1*.T tO/M.7 tta Study Area S«x-ftalate4 Crimea/Rate* *197«-1M2 11 tt a t a i tt a a w/iB.4 44/tt* Sex-Related Crime Rate* 1978-1982 •o e< •o 40 38 30 28 20 10 80.4_ -- 33.4 24.8 Control Ar•• 8ttidy Ar•* k«0.8 »8.t 40.6 27.4 1878 187t 1880 1881 1882 * Tho numeric*! ln*t*flc« of H«o«. In4«e«nt Exposur*. Obae«n« Conduct. ChiM Mol«statlen. Adult MotoMation and Comm«re)«l S«>- fmt 1O.OOO IS Whereas sex-related crime rates in the Control Areas varied from a low of 19.7 In 1978 to a high of 33.k in 1979, th« Study Areas increased from a low of 22.3 In '978 to its peak of 60,9 <n 1981. The average sex-related crime rate in the Control Area was 26.2 over the five year period. The rate in the Study Area was approximately-77% higher than this average during the same period of time at 46.k. Comparing the crime rate for sex-related crimes by land use categories in the Control and Study Areas, a different pat- tern than that for major crime rates emerges. Area Control 1. 2. 3. 4. 5. 6. Study 1. 2. 3. A. 5. 6. 1978-1982 ANNUAL AVERAGE SEX-RELATED CRIME RATE BY LAND USE Commercial Com 1. /Res. Residential Pop. /Crimes/Ann. Rt. ~?op. /Crimes/Ann. Rt. Pop. /Crimes/Ann. Rt. 379 2 11 _5il 7 27 902 J 20 2828 35 25 2382 29. 2* S2lo" W 25 2159 *»9 453395 29 17 fflt-Tf 28 219 5 46 1218 23 38 1*17 ~2& 39 1015 38 75 imr 70 63 3656 69 38 1230 31 50 1TOSTHoTT 41 1 1 16 1978-1982 Annual Avarao* SwHtotoUd Crlm« RaU.*: SalecUd Areas *P«r 10,000 Population 17 ^< Whereas major crime rates were similar in residential areas of the Control and Study Areas, the Control Area rate was substan- tially higher in district commercial areas and lower in mixed district commercial/residential areas, in contrast to this, the sex-related crime rate was uniformly higher in all land use cate- gories of the Study Area, ranging from +46i in residential areas to +152$ in district commercial/residential areas. SUMMARY OF FINDINGS Both the Control and the Study Area experienced a sig- nificantly higher incidence of major crimes/10,000 population than the IPO District as a whole. Much of this increase would be expected given their location in generally older, less affluent and more populous areas of the city. It is more difficult to explain the distinctly higher crime rate experienced in the Study Areas as compared to the Con- trol Area - 1,090.51 versus 886.3A. This dicotomy Is even more apparent in the Instance of sex- related crime rates In the two areas. The average sex-related crime rate in the Control Areas was 26.2. The Study Areas had an average rate of 46.%* If the same ratio between the Control and Study Areas estab- lished for major crime during this period were applied, we would expect a crime rate that was 232 higher - or 32.3 " In the Study Areas. The actual rate of 46.4 is 11% higher than that of the Control Area and underscores a distinct departure from the expected. Not only Is the rate substantially higher In the Study Area, but It Is twice the rate that would have been expected from the distribution of crimes generally tn Indiana- polls. The anomalies demonstrated In the comparison of the Study Area with the general population and the Control Area will not. In themselves, establish a causal relationship between Adult Entertainment Businesses and the crime rates tn the Immediate area surrounding them. Tna fact does remain, however, that In each subsection of the Study Areas where adult entertainment Is offered a substantially higher sex-re lated crime presence ob- tains over the corresponding subsections of the Control Area, in which no adult entertainment Is offered. The same Is true regarding the rate of major crimes. r. 18 f In areas chosen for their similarities otherwise, an obvJous difference lies in the presence of one or more adult enter- tainment establishments. 19 27 FOOTNOTES 1. The Incidence File is a computerized listing of all reports made by police after initial investigation of an incident to which they were dispatched. It, therefore, provides a more reliable indication of crime incidence than the com- puterized "Police Run" file which logs police dispatches based on preliminary information on the incidents. 2. Criminal Homicide, Rape, Robbery, Aggravated Assault, Resi- dence Burglary, Non-Residence Burglary, Larceny and Vehicle Theft. 3. Rape, indecent Exposure, Obscene Conduct, Child MolestatIon, Adult Molestation and Commercial Sex. k. Since population estimates were not available for each year of the survey, the 1980 Census figures were used because they were the result of an actual enumeration and, falling at the mid-point of the survey, they would tend to balance out popu- lation trends during the five year time span. 5. Sex-related crimes are not isolated and compiled on a routine basis for the IPD District as a whole. A manual compilation of these data was proscribed by the time limitations of the study. 20 r IMPACT BY AREA TYPE As it will be noted, sample size poses a distinct problem when attempting analysis at the small area level. This is particu- larly true in the instance of mortgage information. Due to this inadequacy, it is impossible to compare the impact of adult entertainment businesses on residential property value below a certain level of geography. This is not the case, however, with crime statistics. In this case it is possible to compare sub-areas of the target areas since the comparisons are based on the actual instance of crime in the area ( unlike mortgage data where average value Is the basis of comparison.) The sub-area comparisons were based on the nature of the areas in relation to their land use composition as determined by the Comprehensive General Land Use Plan of Marion County. Four sub- areas were of a distinct regional commercial nature, four were residential In nature and four were of a mixed residential- commercial makeup. The three groupings were compared with each other to determine if crime, from a historical viewpoint, occurred more frequent- ly in areas of one land use configuration than another. Whether or not crime frequencies, at least In part, are deter- mined by the land use characteristics in which they were com- mitted cannot be definitively answered here. Several striking patterns do emerge from th« comparison, however. CRIME FREQUENCIES BY AREA TYPE Of the 9,829 major crimes committed In the Control and Study Areas during 1978 - 1982, 27* were perpetrated in regional com- mercial areas, 31* in mixed commercial-residential areas and J»21 in predominantly residential areas. In other word*, crime frequencies were 563 higher In residential areas than commer- cial areas while mixed commercial-residential areas were 37* higher than commercial areas. The following tabfc displays major crime frequencies for the five year period by type of area, the existence or non-exls- tance of adult entertainment and specific location. 21 MAJOR CRIME FREQUENCY f 1979 1980 1981 1982 Tot. %_ District Commercial Study Area No, .Keystone 83 71 112 87 86 439 E. Washington 150 1$2 202 166 141 831 1270"~2lT "HI ITT 293 III Control Area No. Shadeland No. Keystone Mixed Res./Com!. Study Area W. Washington West 16th St. Control Area W. Washington £. Washington Residential Study Area East 10th St. East 38th St. Control Area East 10th St. West 10th St. 42% The pattern Mas similar in comparison of the frequency of sex- related crime within the three areas during the same period of time. It was more pronounced, however. Fifty-one percent of the total occurred In residential environments, while thirty-eight percent occurred In mixed commercial-residential areas, in com- parison , only eleven percent of the total occurred in dis- trict commercial areas. The following table displays sex-related crime frequencies for the five year period by type of area, the existence or non-exis- tence of adult entertainment and the individual locations inclu- ded in the study. 22 3 District Commercial Study Area No. Keystone E. Washington Control Area No. Shade land \o. Keystone Mixed Res/Coml. Study Area W. Washington West 16 St. Control Area W. Washington E. Washington Residential SEX-RELATED CRIME FREQUENCY 1378 1979 1980 19811982 Tot... % Study Area East 10th St. East 38th St. Control Area East 10th St. West 10th St. These trends are not easily explained on the basis that "where there are more people there will be more crlfne."Community-rela- ted commercial areas draw clientele from a broad geographic area and can be expected to attract many times the residential popu- lation of the Immediately surrounding area. This is the purpose of the district commercial zoning designation. Further, the trans- ient nature of this population could be considered to contribute to the incidence of certain crimes. 23 Major Crimes / 1978-1982, Selected Areas r.Commercial Study Control Residence/ Commercial Study Control Residential Study Control 2657 4140 1000 2000 MOO 4OOO eooo Sex-Related Crimes / 1978-1982, Selected Areas Commercial Study Control Residential/ Commercial Study Control Residential Study Control 37 134 100 200 200 300 25 33 SUMMARY Of FINDINGS / There appears to be a strong correlation between crime frequency and the residential character of neighborhoods, i.e., the more residential the nature of the neighborhood, the greater is the instance of crime in that neighborhood. Crime frequencies Mere, in fact, fifty-six percent higher In residential areas than dis- trict commercial areas. The above correlation is even more acute when considering sex- related crimes. Sex-related crimes occurred four times more fre- quently in substantially residential milieus having one or more adult entertainment businesses than in commercial environments having one or more such businesses. REAL ESTATE IMPACTS This study also undertook the quantification of possible effects of the proximity of adult entertainment businesses on the value of residential properties within a one thousand foot radius of their locations. In examining the potential Impacts, three sources of residential property values were investigated: I.e., Indianapolis Residential Multiple Listing Summaries (MLS) of the Metropolitan Indianapolis Board of Realtors, the I960 Census (tract and block occupied, single-unit housing valuation data); and, annual lending Institu- tion statements under the Federal Home Mortgage Disclosure Act (MOA). Summary data from the MLS were available over the period 1979 - 1982, while actual mortgage values reported by lending institutions were available for the period 1977 - 1982. The U.S. Sureau of the Census provides homeowner estimates of home value at the time of the 1980 Census (April 1, 1980). The data available from these three sources differ In other ways. The 1980 Census, while relying on homeowner estimates of the worth of property, Is a 100 percent survey and Is described down to the block level. Home Mortgage Disclosure Act data provide a record of actual mortgages processed and reported by local 'lenders (only a portion of the total volume). The lowest geographic level at which this information Is available Is the Census Tract and, even at this level, at times poses a difficulty with the available sample size. Multiple Listing Summaries generally reflect an esti- mate of worth based on current market conditions for the area and can be assembled at virtually any geographic level since they are listed by address. As in the case of the Mortgage Disclosure Act statements, however, there are at times problems with the suffi- ciency of the sample size at the small area level. Each of the data sets presents some weaknesses. Although the 1980 Census only reflects an estimate of housing value at one point In time, it has the advantage of being a 100 percent survey of occupied, single-unit housing. The other two sources offer time series data over periods of four and five years. They have the liability, how- ever, -of sometimes lacking a sufficient sample size at the small area level In any given year to allow an acceptable level of statis- tical confidence. Due to these characteristics of the data, certain modifications were made In the study's original Intent. Rather than doing annual comparisons of housing value, 1979 was cho*«n as th« comparison year and the 1980 Census data set chosen due to the ability to summarize It at the county, tract and block level. ssr The geographic levels of comparison were the County as a whole, the Census Tract or Tract cluster In which the Study or Control Areas ^ere located and the areas within a 1000-foot radius of the Study and Control location centroids. A next step was to use the data available on real estate activity in the Multiple Listing Summaries to establish market performance between 1979 and 1982 in both the Control and Study Areas.* The results were compared to real estate activity In the residential market of Center Township which, In terms of value and general housing condition, most close! y resembles the two areas among the nine Marion County townships. COMPARISON RESULTS AVERAGE MORTGAGE VALUES - 1973 Marlon County1 $ 41,85* Control Areas Study Areas Tract/Tract Clusters1 $31,858 $28,003 I Tract/Tract Clusters2 1 [ 27.872] [ 21,605] 1000-Foot Radius1 23,721 24,616 { 1000-Foot Radtus3 ] [ 16,038 J { 23,823 ] 1. Source: 1980 Census. 2. Source: Home Mortgage Disclosure Act Statements. 3. Source: Residential Multiple Listing Summaries. Comparison of the 1980 Census data would Indicate that the*value of housing In the areas addressed In this study are from 40 to 73 percent below the Marlon County average. While the average value of housing at the census tract level was somewhat higher fn the census tracts In which the Control Areas were located than those In which the Study Areas were located ($31,858 vs. $28,003), the opposite was true when comparing the target areas themselves. Housing values within 1000 feet of adult entertainment businesses In the Study Areas were greater (although by a lesser Margin) than those in the Control Areas ($24,616 vs. $23,721). * Whereas the sample size Is sufficient In most years to provide acceptable confidence levels for mortgage averages, the sample Is only marginally acceptable In 1981 and 1982 for the Control Area. 4 28 c This finding Is borne out by an examination of actual mortgages executed within the affected census tracts of the Control and Study Areas, as well as real estate listings at the 1000-foot level. Using mortgage and real estate listing data we find that, while consistent with the Census data findings, the disparities were more acute. Average mortgages at the tract level were $27,872 vs. $21,605 In the Control and Study Area tract clusters respectively. At the 1000-foot level, real estate listing values in the Control Areas dropped to $16,038 while Study Area listings Increased by approximately 10 percent over the average mortgage value in the tract clusters of the Study Area. it would appear that, while property values at the tract cluster level are appreciably higher surrounding the Control Areas, housing within the Study Areas themselves Is, on the average, of distinctly higher value than housing stock in the Control Areas. TIME SERIES ANALYSIS RESULTS During the period 1979 through 1982, mortgages processed in the Control Areas of the study showed an average annual appreciation rate of +24.7 percent. During the same time frame, mortgages appreciated at an average annual rate of only +8.7 percent In the Study Area. In comparison, residential mortgages In Center Town- ship appreciated at a +16.7 percent average annual rate for the period. AVERAGE MORTGAGE VALUES 1979 - 1982 1979-1982 1979 1980 1981 1982 > Change Control Area1 $16,038 $21.687 $22,650 $28,420 + 77* Study Area1 23,823 25,432 30,964 30,090 + 26% Center Township2 16,100 17,178 18,903 25,099 * 56* 1.Source:Indianapolis Multiple Listings for Residential Prop. 2.Source:Home Mortgage Disclosure Act Statements. 29 37 MORTGAGE VALUES % Change From Base Year (1979) r Center Township 5tudy Area Control Area 1379 1980 1982 REAL ESTATE LISTINGS % Change From Base Year (1979) Center Township Study Area — - Control Area — -100 1973 30 The average value of mortgages from 1979 to 1982 (n Center Town- ship increased by 56 percent while Control Area values Increased by 77 percent and the Study Area by 26 percent. RESIDENTIAL REAL ESTATE ACTIVITY 1979 - 1982 1979 I960 1981 1982 ^Change Control Area Listings1 29 23 15 15 - 52* Study Area Listings1 28 28 26 29 + A* Center Township Mortgages^ 898 635 377 182 - 80X 1. Source: Indpls. Multiple Listings, Residential Properties. 2. Source: Home Mortgage Disclosure Act Statements. Both Center Township and the Control Area followed general market trends In the volume of real estate activity, falling by 80 per- cent and 52 percent, respectively, from 1979 to 1982. Once again, the Study Area performed in an atypical fashion, actually regis- tering a slight increase in volume (4 percent) over the same period. CONCLUSIONS While bearing in mind the above-mentioned difficulties In certain cases with the sample size at the sub-area level, the following observations may be made on analysis of the data. A comparison of residential real estate listings Indicates that the areas chosen In this study which have adult entertainment establishments within their boundaries have, on the average, a residential housing base of substantially higher value than that located In the areas chosen as control sites. Despite the higher value of housing stock in the Study Areas, property values appreciated at only one-half tfte rate of the Con- trol Area and at one-third the rate of Center Township as a whole. Another anomaly apparent In analysis of real estate activity within the three areas Is that market forces within the Study Areas were present which caused real estate activity within Its boundaries to run completely contrary to County, Township and Control Area trends. 31 In summary, the available data indicate that twice the expected | number of houses were placed on the market at substantially low- - er prices than would be expected had the Study Area real estate market performed typically for the period of time in question. 32 PROFESSIONAL APPRAISAL OF IMPACTS Because of the great number of variables that have the potential to cause a particular real estate market to perform erratically at a small area level, it was decided to solicit a "best available professional opinion" from real estate appraisers regarding the market effect of adult entertainment businesses on proximate land values. The Indianapolis Division of Planning approached the Indiana University School of Business* Division of Research for assis- tance In polling the real estate appraisal community on the sub- ject. The University proposed that the survey be national in scope and offered to design and pretest the survey instrument. Dr. Jeffrey Fisher of the University's School of Real Estate collaborated in drafting the instrument and conducted the ini- tial test at a workshop in early September. Analysis of this pretest indicated the need for minor adjustments to the form. In its final format, the instrument (cf. Appendix II ) posited a hypothetical middle income, residential neighborhood in which an adult bookstore was about to locate. Respondents were asked to numerically rate the impact of this business on both residential and commercial property values within one block and three blocks of the store. They were also asked to rate a num- ber of potential other uses as to whether they would increase or decrease property values. Finally, survey participants were asked to express what they generally felt the effect of adult bookstores was on property values. The survey sample was drawn at two levels. Using the membership of the American Institute of Real Estate Appraisers as the sur- vey universe, a twenty percent random sample of members was constructed for the entire nation. In addition, MAI (Member Appraisers Institute) members who practiced in 22 Metropolitan Statistical Areas1 (MSAs - as defined by the U. S. Bureau of the Census) of a size similar to Indianapolis were surveyed at the one hundred percent level. In January of 1984, 1527 questionnaries were mailed. As of February 22, 507 (331) had been returned. These returns were split evenly between the 20% (249 returns) and 100* (258 returns) samples. In the national sample the rate of return by geographic region2 was fairly consistent: East,41 - 27t; North Central, 56 - 28%; South, 89 - 25); and. West. 63 * 24*.Return rates from the 100* MSA survey varied from 14* from Newark, N. J. to 62* from Cleveland, OH. 33 r20% NATIONAL SURVEY RESULTS Survey respondents overwhelmingly (80S) felt that an adult book- store located in the hypothetical neighborhood described would have a negative impact on residential property values of premi- ses located within one block of the site. Of these, 21% felt that the property value would decrease in excess of 20%, while 59% foresaw a value decrease of from 1% to 20%. One-fifth of the respondents saw no resulting change in residential property val- ues. Seventy-two percent of the respondents also felt that there would be a detrimental effect on commercial property values at the same one block radius. Only 10%, however, felt that the effect would exceed 20} of worth with the majority (62%) seeing a It to 20t decrease In value. 28t of the survey predicted that there would be no negative effect. While the great majority of appraisers felt that the effect of an adult bookstore on property within one block of the site would decrease property values, they felt that this Impact fell off sharply as the distance from the site increased. At a distance of three blocks, only 36% of the respondents felt that there would be a negative Impact on residential properties, . whereas 64% felt that there would be no Impact at all. Better • than three-fourths (77%) of the survey saw no Impact on commer- V ctal property at this distance. In summary: - The great majority of appraisers who responded to this sur- vey felt that there is a negative impact on residential and commercial property values within one block of an adult bookstore. - This negative Impact dissipates markedly as the distance from the sit* Increases, so that at three blocks the esti- mate of negative Impact decreases by nor* than one half judged by the number of respondents Indicating negative Impact at three blocks. - The majority of respondents felt that the negative impact of an adult bookstore is slightly greater for residential properties than for commercial properties and decreases less dramatically with distance for residences. 3* NATIONAL SURVEY OF APPRAISERS Impact of Adult Bookstores On Property Values RESIDENTIAL PROPERTY AT ONE BLOCK 2 10Q_ 80- 60. 23- ^_ *cr IIM*wt 1* •1.* U .4 _-—„._!„ U.I U. »>.* ... »,t 4 *.« I »»«« I II.» J*» J_l (t *• •J» NM.I 11. » »•• II H.f ' . I*.I. 1.* •I§».• ».* . M. ai.ii.« at««.j_n.i M.« I . 20+ H- 1- Neg. No 20 10 Chg. COMMERCIAL PROPERTY AT ONE BLOCK tm. »" fCf PKT MCM«t* »«t( . J . •UMM* !•»•••• 100- I Jt^l»^ !•* .J*4!»• M^ .•••. I**••«.,It.r .at. a -i— .« i«•».»w»». M^. J fl «*.*U.« «l.t M.I••• 1 1*^ J*.J1^•r i ''.itM.* . *»^. •••• •».« »»^ U«4._I •r WML r» i*.* •«.« i»«l 1*^ M. •1 M.* 60. 20. \ 20* 11 20 1* N«g. 10 No Chg. 35 NATIONAL SURVEY OF APPRAISERS Impact of Adult Bookstores On Property Values RESIDENTIAL PROPERTY AT THREE BLOCKS 100 83 60 40 20 i 20* It- 20 1- (teg. 10 Ho Chg. <•»«* I (•. >Ctim ftt . I J MUIOI l«*l»l .- «. ;i - ^j i ?.* •>»• M* t*f«l fi.r .w.i .ta.« J*.» _ i«. .!•«.-L- *^ . U.I -W IMCM1M >OTM*« I •*« *.* •W—II M.l . 1*4* _f».JU.I •II COMMERCIAL PROPERTY AT THREE BLOCKS !*•* MM» MM a . .» . • . M. •».! .M.4 .J *«.• •B* •§».•"" !••* ••.*_•••- 4. .!•*. •»« I •«* I «l JB . M «•.I *••• M^ ».• • M^ 100 80 20 -j 20 10 r Respondents were also asked to evaluate the impact on residential property within one block of a number of alternate uses for the hypothetical site described in the survey. Of the alternate uses proposed, a clear majority felt that a medi- cal office or a branch library would increase the value of sur- rounding residential property. A store-front church, welfare of- fice, tavern, record store, ice cream parlor or video-game parlor were generally felt to neither improve nor decrease residential property values significantly. On the other hand, a substantial majority felt that a pool hall, drug rehabilitation center or a disco would decrease property values - although not as overwhelm- ingly as an adult bookstore. NATIONAL SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Store- front church Pool hall Welfare office Neighborhood tavern Record store. Medical office Drug rehab Center Ice cream parlor Video-game parlor Disco Branch library Much 5* 1* - 2% 8* 24* - 151 l* - 2k* Some 20* 8* 12* 18* 274 38* 7* 30* 184 11* 34* Same 58% 45* 46* 45* 61* 35* 35* 53* 50* 42* 38* Lower Some 162 38* 33* 32* 5* 2* 42* 3* 27* 35* 4* Much 1* 8* 8t 4* - - 17* - 5* 12* 37. The survey also asked the degree to which adult bookstores affect property values generally and the basis for this opinion. Twenty-nine percent of those expressing an opinion saw little or no effect as the result of adult bookstores on surrounding property values. They based this opinion on their own professional exper- ience 03$), the observation that this use usually occurs in an already-deteriorated neighborhood (24$) and the feeling that only one such adult entertainment use would be inconsequential. A s ubs t an t i al- to-moderate negative impact was projected by 50$ of the respondents. Twenty-nine percent felt that this was be- cause it attracted "undesirables" to the neighborhoods In which they were located, while 14$ felt that it creates a bad image of the area and 15$ felt that the use offended pervailing commun- ity attitudes so that home buyers /customers would be discouraged. based their opinion on professional experience. A number of survey respondents (20$) saw the potential impact on a neighborhood as being contingent on certain variables. 28$ of these felt that it would depend on the existing property val- ues in the area as well as the subjective values of its resi- dents. 23$ felt that development standards such as facade and sign age would determine Impact and 11$ saw the nature of the ex- isting commercial area and its buffering capacity as being most important. None/ little Subst/Cont. NATIONAL SURVEY OF APPRAISERS Impact Of Adult Bookstores on Property Values 39 100$ MSA SURVEY RESULTS The 100% survey of Metropolitan Statistical Areas similar in size to Indianapolis produced results that were consistent in virtually all respects with the results of the 201 national survey. As in the nationwide survey, respondents overwhelmingly (781)in- dicated that an adult bookstore would have a negative effect on residential property values in the neighborhood described if they were within one block of the premises. 19$ felt that this depreci- ation would be in excess of 20%, whereas 59$ foresaw a decrease in value of from 1* to 20$. Sixty-nine percent saw a similar decrease in commercial property values within one block of the adult bookstore. As In the national survey, far fewer (only 10%) felt that a devaluation of over 20$ would occur. The majority (59%) saw the depreciation as being in the 1$ to 20$ range. Once again, the negative impact observed within a one block radius of the adult bookstore fell off sharply when the distance was In- creased to three blocks - although, judged on the number of those indicating no Impact, there would appear to be more of •residual effect on residential properties than on commercial properties. 39$ of the appraisers felt that a negative impact on residential properties would still obtain at three blocks from the site. Only three percent felt that this Impact would be in excess of twenty percent. The remaining 36$ felt that depreciation would be some- where in the one to twenty percent range. 61$ saw no appreciable effect at all at three blocks. Commercial property was judged to be negatively impacted at three blocks by 23$ of the survey. 76$ saw no change in value as a re- sult of the bookstore. In summary: - Appraisers assigned a negative value to an adult bookstore located within one block of residential and commercial pro- perties at an approximate three-to-one ratio. - At a three block distance, this ratio tended to be reversed. - The number of those Indicating • decrease In value at three blocks decreased at only one half the rate for residential property as for commercial property. 40 USA SURVEY OF APPRAISERS IMPACT OF ADULT BOOKSTORES OH RESIDENTIAL PROPERTY AT ONE BLOCK No Decrease 20 MSA SUPVEY OF APPRAISERS IMPACT OF ADULT BOOKSTORES ON COMMERCIAL PROPERTIES AT OHE BLOCK .'Jo Decrease r, 0 50 MSA SURVEY OF APPRAISERS IMPACT OF ADULT BOOKSTORES ON RESIDENTIAL PROPERTY AT THREE BLOCKS U-10! Dec re as 80 MSA SURVEY OF APPRAISERS IMPACT OF ADULT BOOKSTORES ON COMMERCIAL PROPERTY AT THREE BLOCKS f 3 " m-20-j il-ioi Decrease No Dec re as 41k In response to * question asking appraisers to rate the Impact of • number of different commercial uses at the same location on residential properties within one block, the majority felt that a medical office or a branch library would have a favorable im- pact while a welfare office or drug rehabilitation center would have an undesireable impact. The majority felt that a store-front church, pool hall, neighborhood tavern, record store, Ice cream parlor or a video-game parlor would not have much of an Impact and were about equally split as to whether the effect of a disco would be neutral or negative. MSA SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Store- front church Pool hall Welfare office Neighborhood tavern Record store Medical office Drug rehab center Ice cream parlor Video-game parlor Disco Branch library Much 4* It It «• 6* 201 - 1*1 1* - 24* Some 24* 12* 13* 17* 29* 37* 6* 29* '7* 13* 37* Same 52* 48* 41* 52* 54* 39* 39* 52* 51* 44* 34* Lower Some 20* 33* 37* 25* 10* 4* 40* 5* 28* 33* 5* Much 1* 6* 7* 6* - •i 15* - • 3* 10* 1* 45 In response to the question about their evaluation of the impact * of adult bookstores generally on surrounding property values, 21) of those expressing an opinion felt that there would be little or no impact with such a use. They principally based this opinion on their experience as appraisers (20?) and the observation that such uses usually located in areas that had already deteriorated (261). of the survey felt that there Is a substantial -to moderate impact. Their opinions were based on professional appraisal ex- perience (18$), and the observations that: given current mores, an adult bookstore would discourage home buyers and customers the use precipitated decline and discouraged improvement (I1$);and, it would attract "undesirables" to the neighborhood The nature of this impact on property was contingent on a number of factors in the minds of 32$ of the respondents. 13$ felt that it depended on local attitudes and the adequacy of legal controls on their operation. Exterior factors such as signage and building facade quality were seen by 16$ as the determinant. 30$ felt the impact would be directly related to the values (both monitary and human) prevalent in the neighborhood. And 20$ felt that the answer depended on whether or not the business was likely to at- tract other such businesses. 46 EFFECT OF ADULT BOOKESTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS Effect Little Substantial Contingent BEST 20 II • I •i »«• i a.«_!.*•.* l _»«•«.« i •.• i i.< EFFECT OF ADULT BOOKSTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS -+ LITTLE OR NO EFFECT . t*•» .(-- <«.»»- •*« Ml Ml I* •*•*- _••*••!.—•** irr—T- ••.! ' » . •• •• • •• t M.»•.1 • •«• •• ••• ss-4 **••« *W.f . ••••*.« *.•. *.* . «.••>••••ar -WJ — .I.. 0 - Mo reason g!v«n. 1 • Appraisal «xp«r- t«nc«. 2 * Ar«a In dccHn«. 3 • Ar«a in d«ctin«. 4 - Not an in tens* 5 • Only on* dots not matter. 6 • Commercial buffer. 7 - Market adjusts quickly. 8 - Tolerated by current mores. 9 - Other. SUBSTANTIAL OR MODERATE EFFECT EFFECT OF ADULT BOOKSTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS l.t I. «.. I •,*«.» I *.* I •>•••• I •>• t 0 - Ho reason given. 1 • Appraisal exper- ience. 2 - Prevailing attitudes are negative. 3 • Unharmonlous use. k - Precipitates de- cline. 5 • Creates a bad image. 6 - Attracts undesir- ables. 7 " Bad Influence on the young. 8 • Attracts slmllar uses. 9 • Other. COrrillGENT EFFECT EFFECT OF ADULT BOOKSTORES ON PROPERTY VALUE HSA SURVEY OF APPRAISERS 1 • No reason given. 2 • Not enough Inforaa- tton. 3 • Local attitudes and controls. A • Nature of existing coMwrclal uses. 5 - Volume/type of customer. 6 » Oecore/management. 7 " Oecore/management. 8 - Type of nleghborhood values. 9 - If attracts si mllar uses. COPY SUMMARY OF FINDINGS The great majority of appraisers (75%) who responded to the national survey of certified real estate appraisers felt that an adult book- store located within one block would have a negative effect on the value of both residential (80$) and commercial (72%) properties. 50% of these respondents foresaw an immediate depreciation in excess of At a distance of three blocks, the great majority of respondents (71%) felt that the impact was negligible on both residential (64%) and commercial (77%) properties. Even so, it would appear that this residual effect of such a use was greater for residential than for commercial premises. In answer to a survey question regarding the impact of an adult book- store on property values generally, 50% felt that there would be a substantial- to-moderate negative impact, 30% saw little of no im- pact, and 20% saw the effect as being dependent on factors such as the predominant values (property and social) existing in the neigh- borhood, the development standards Imposed on the use, and the abil- ity of an existing commercial node to buffer the Impact from other uses. The results of the 20% national sample and the 100% survey of Metro- politan Statistical Areas were virtually identical. The one signi- ficant variation that did occur was in the response to the question asked as to the effect of adult bookstores on property values gener- ally. Respondents in the MSA survey placed more emphasis (32% versus 20%) on conditional factors at the site. 51 FOOTNOTES 1. Metropolitan Statistical Areas (MSAs) surveyed at 1001 were chosen on the basis of having a one to two million population at the time of the 1980 U. S. Census. They were: Phoenix, Arizona; Sacramento, San 01 ego and San Jose, California; Denver/Boulder, Colorado; Hartford, Connecticut; Fort Lauder- dale, Miami and Tampa, Florida; Indianapolis, Indiana; New Orleans, Louisiana; Kansas City, Missouri; Newark, New Jersey; Buffalo, New York; Cincinnati, Cleveland and Columbus, Ohio; Portland, Oregon; San Antonio, Texas; Seattle, Washington; and Milwaukee, Wisconsin. Although slightly outside the population parameters for this selection, Louisville, Kentucky and Atlanta, Georgia were also Included. 2. Regional designations used were those .employed by the U. S. Bureau of the Census for the 1980 Census. The data were processed and crosstabulations performed using the Statistical Package for the Social Sciences. 3. The discrepency between the number of survey responses and the number of responses to the question in this and subsequent tab- les is the result of some respondents having omitted answers to questions 6 and 7 of the survey. 52 f' APPENDIX I Area Haps NOTE For the purpose of this study, the maps included in this Ap- pendix categorize existing land uses within the Study and Con- trol Areas as having a Resi- dential or a District Commer- cial Character. All dwelling district, neighbor- hood-related commercial and spe- cial use zoning classifications are designated as being of "Res- idential Character". More intense commercial uses, industrial uses and district- related special uses are consi- dered to have a "District Com- mercial Character". ADULT ENTERTAINMENT BUSINESS STUDY STUDY AREA LAND USE 3155. 3201 East 10th St. Residential Character District Commarciat Character Adult Entertainment Site l-l ADULT ENTERTAINMENT BUSINESS STUDY f m I' »' Ji ftll '.I in-» I I mi STUDY AREA LAND USE 6429-31 East 38th St. Residential Character WES )NTOOMERY PARKDistrict Commercial Charactar Adult Entertainment Sit* l-ll ADULT ENTERTAINMENT 3US1HESS STUDY r WA SHINGTON HIGH SCHOOL •—- FMC CHAIN DIVISION STUDY AREA LAND USE 2101 Wast Washington St. Residential Character Y/SSA District Commercial Character O Aduh Entartainmant Sits i-ni ADULT ENTERTAINMENT BUSINESS STUDY STUDY AREA LAND USE 3535 West 16th St. Residential Character District Commercial Character Adult Entertainment Site cnr I- !V <VDULT ENTERTAINMENT BUSINESS STUDY f -, * II .-* !! ^ II STUDY AREA LAND USE 6116-6122 East Washington St. Residential Character District Commercial Character Adult Entertainment Site i- v ADULT ENTERTAINMENT BUSINESS STUDY <x^1 :7^FrFl•r 'u r~~T< i i i__j » i STUDY AREA LAND USE 4441-4475 North Keystone Ave Residential Character District CommercialCharacter Adult Entertainment Site ..VI r ,-.OULT ENTERTAINMENT BUSINESS STUDY H>(00.uiO CONTROL AREA LAND USE 2500 East 10th St. Residential Character District Commercial Character Control Area Centroid £ E ».;»*E Jo. UB. £tXl t* I tt I-VII ADULT ENTERTAINMENT BUSINESS STUDY CONTROL AREA LAND USE 2300 Wast 10th St. Residential Character YSS/A District Commercial Character Control Area Cantroid I-VMI r ADULT ENTERTAINMENT BUSINESS STUDY F=23fc:=--33lc2~3J ELLENBERCER PARK CONTROL AREA LAND USE Washington St. Residential Charactar District Commarcial Character Control Araa Cantroid ADULT ENTERTAINMENT BUSINESS STUDY WASHINGTON SCHOOL r CONTROL AREA LAND USE 26OO West Washington St. Residential Character District Commercial Character Control Area Centroid 1-i ii i FMC CHAIN DIVISION ni i U1Otoo AOULT ENTERTAINMENT BUSINESS STUDY j ! I.I.I I-H CONTROL AREA LAND USE 750 North Shadaland Ava. R««td«nti«l Character YSSSl District Commercial Charactar Control Araa Cantrokl I-XI ADULT ENTERTAINMENT BUS I MESS STUDY CONTROL AREA LAND USE 5200 North Keystone Ave. r Residential Character District Commercial Character Control Area Centroid I-XII APPENDIX It Appraiser Survey CITY OF WHJJAM H. HUONUT. W MAYOR OAVIO E. CAflLEY DEPARTMENT Of METROPOUTAN DEVELOPMENT January 20, 1984 Dear WAI Member: The City of Indianapolis, Indiana Is currently in the process of preparing a new local ordinance that will regulate the location of adult entertainment businesses In relation to residential neighborhoods in our community. In an effort to provide a basis for the proposed legislation that is equitable and legally defensible, I would like to ask your help in establishing a "best professional opinion" on the matter. As a real estate professional, the opionions you share with us on the enclosed survey forms would be very valuable to us in the development of • positive legislative approach to this difficult local issue. Thank you very much for your assistance. Sincere) cc. L. Carroll i i«o CIT v-COUNT v euiLoma • INDIAN APOLIS. IMOI AHA ••*•* • <si»i t»«-«i«i INDIANA UNIVERSITY Division of Research SCHOOL OF BUSINESS Blonmington/lndianapolis 10th and Fee Lane Blnomington. Indiana 47406 (812) 337-5507 r TO: Professional Real Estate Appraisera FROM: Indiana University, School of Buainess, Dlvision of Research Please help us in this brief national survey. The information provided will help clarify an inportant question. Read the following information about a hypothetical neighborhood and respond to • fev questions in tents of your professional experience and judgment. A middle income residential neighborhood borders a main street that contains various commercial activities serving th* neighborhood. There la a building that vaa recently vacated by a hardware store and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities In the area. There is no other vacant commercial space presently available in the neighborhood. Please indicate your answers to questions 1 through 4 la the blanks provided, using the scale A through C. SCALEt A Decrease 20X or more B Decrease more than 10X but leas than 20X C Decrease from 0 to 10X D No change in value £ Increase from 0 to 10Z P Increase more than 10X but leas than 20X 6 Increase 20X or more 1) How would you expect the average values of the RESIDENTIAL property within one block of the bookstore to be affected? 2) How would you expect the average value* of the COMMERCIAL property within one block of the adult bookstore to be affected? _____ 3) How would you expect the average values of RESIDENTIAL property located three blocks from the bookstore to be affected? A) How would you expect the average values of the COMMERCIAL property three blocks from the adult bookstore to be affected? - over - ll-il 5) Suppose the available coeaercial building is used for soaething other than sn adult bookstore. For each of the following potential uses, would the average value of residential property vithin one block of the new business be... A Buch higher B soaewhat higher than if an C about the same adult bookstore D somewhat lower occupied the site. E such lower In the space provided, write the appropriate letter for each potential use. Store-front church Drug rehabilitation center Pool hall Ic« creaa parlor Welfare office Video-gaae parlor neighborhood tavern Disco Record store Branch library Kedlcal office 6) In general, to what degree do you feel adult bookstores affect property values? 7) Why do you fetl this my? 8) Where do you practice? City State_ Your nase (If you prefer not to give your name, please check here ) Thank you for your cooperation. Please return this questionnaire la the postage paid envelope provided for your convenience. 78ii- in APPENDIX III Land Us« Control of Adult Entertainment APPENDIX III LAND USE CONTROL OF AOULT ENTERTAINMENT LEGAL BASIS Zoning has traditionally been defined as a process by which a municipality legally controls the use which may be made of pro- perty and the physical configuration of development upon tracts of land within its jurisdiction. This is accomplished by means of zoning ordinances which are locally adopted to divide the land into different districts permitting only certain uses within each district for the protection of public safety, welfare, health and morality.' Zoning regulations not only regulate the use to which buildings or property may be put within designated districts, but also the purpose or object of the use beyond the mere conditions or cir- cumstances of the use.^ In a 1920 landmark decision, the New York Court of Appeals up- . held New York City's comprehensive zoning legislation,* and re- affirmed this legislation as a proper exercise of the city's police powers.. In 1926, the practice of comprehensive zoning received substan- tial support when the United States Department of Commerce pro- mulgated the Standard State Zoning Enabling Act. This Act be- came the model for most of the early zoning enabling legisla- tion in the country. While the courts have reaffirmed that municipalities are proper- ly exercising their police powers through zoning regulation, it is generally held that they have no inherent power to zone ex- cept (as is the case with the police power Itself) as such power is delegated to them by the state legislature through statutory enactment. The right of state legislatures to delegate compre- hensive zoning power to municipalities, on the other hand, is uniformly recognized by the courts.* Because municipalities In the state had to be enabled to exercise zoning powers within their jurisdictions, the Indiana State Legislature, by means of enabling legislation, delegated this power to local units of government.5 Control of the use of private land Inevitably raised a number of constitutional questions. In the landmark 1926 case of Euclid v. Ambler Realty Co.? the United States Supreme Court upheld the city of Euclid, Ohio's municipal zoning ordinance which had been claimed to involve an unconstitutional deprivation of property by deciding that comprehensive zoning ordinances are a proper exercise of the police power and do not constitute an unconstitution- al deprivation of property. This position was reaffirmed by the Supreme Court of the United States in 1927.? Thus, the general legality of zoning is established beyond doubt. Subsequent decisions by this court8 established that such ordin- ances, however, could be unconstitutional when applied to a par- ticular property. This established the basis for the system under which the City of Indianapolis currently operates where each var- iance or rezoning request is decided on Its own merits. THE PUBLIC WELFARE The police power authorizes a government to adopt and enforce all laws necessary to protect and further the public health, safety, morals and general welfare of Its citizens.9 Limitations on the exercise of zoning power are essentially the same as those restricting the police power under the 0. S. Consti- tution, i.e., they must be reasonable and guarantee due process and equal protection. It may not be exercised tn an unreasonable, oppressive, arbitrary or discriminatory way. Zoning laws, then, must have a real, substantive relation to the legitimate govern- mental objective of the protection and furtherance of the public health, safety, morals and general welfare of citizens. The public welfare, In these contexts, means the stabilization of property values, promotion of desirable horn* surroundings, and happiness,'0 and embraces the orderliness of community growth, land value and aesthetic objectives11 and is reasonably design- ed to further the advancement of a community as a social, econom- ic and political unity.'* CONTROL OF ADULT ENTERTAINMENT13 Reacting to the increased availability of pornography in the United States and attendant pressures at the community level for its con- trol, a number of municipal governments have addressed the pro- liferation of adult entertainment businesses through, among var- ious methods, land use controls. The validity of such an approach was upheld In 1976 jo the landmark decision Young v. American Hini Theatres, Inc.'* In which the Court upheld a Detroit zoning ordinance which prohibited more than two adult movie theaters or other sexually-orientated enterprises from locating within 1000 feet of one another or certain other designated businesses. Against ft r / attacks grounded in the First and Fourteenth Amendments to the Constitution of the United States, the Court sustained the ordin- ance on the dual bases that: 1. The ordinance was a reasonable response to demonstrat- ed adverse land-use and property value effects asso- ciated with sexually-oriented enterprises; and 2. the ordinance silenced no message or expression but merely placed geographic restrictions upon where such expression could occur. While an exhaustive analysis of the Young decision Is beyond the scope of this discussion, the following generalized principles may be gleaned from the plurality, concurring and dissenting opinions of the Justices. First, hostility to constitutionally protected speech is an impermissible motive. The more apparent and rational the relationship of the adult use restrictions to recognized zoning objectives, such as the preservation of neigh- borhoods and the grouping of compatible uses, the greater the likelihood that the restrictions will be upheld. Second, even a properly motivated ordinance will be invalidated if it unduly burdens first amendment rights. For example, an ordinance imposing locational restrictions that are so severe as to result in an inability to accommodate-the present or anti- cipated number of adult businesses in a municipality will cer- tainly be struck down. The Young court repeatedly moored Its de- cision upholding the Detroit ordinance upon the finding that numerous sites complying with the zoning requirements were a- vaitable to adult businesses and that the market for sexually- explicit fare, viewed as an entity, was therefore "essentially unrestrained". Third, ordinances which are so vague In wording and definitions that a non-pornographic entrepreneur is unclear whether he falls within its proscriptions may be violatlve of due process. A vague ordinance may operate to hinder free speech through use of language so uncertain or generalized as to allow the inclusion of protected speech within its prohibitions or leave an individual or law enforcement officers with no specific guidance as to the nature of the acts subject to punishment. Finally, an ordinance which authorizes the exercise of broad discretionary power by administrative officials to determine which adult business will be allowed to operate, especially if the exercise of such discretion is not grounded on objective, ascertainable criteria, will probably be disapproved as contrary to the precept that, in the First Amendment area, "government may regulate only with narrow specificity". Ill-Ill Any community, then, which would employ its zoning power to regulate adult uses within its jurisdiction must be particularly concerned that the adoptive ordinance be demonstrably motivated by and found- ed on sound land use principles, it allow reasonable accommodation for such uses within its jurisdiction, and that it clearly define both the nature and regulations of the use in order to avoid, to the extent possible, the need for subjective interpretation of each proposed use. The Young decision has encouraged a great amount of experimentation on the part of municipalities in an effort to prevent deterioration of their commercial districts and adverse impact upon adjacent areas, The effectiveness of these Innovations will be determined by time and the legal tests to which they will be subject as this business segment establishes itself. For the time being, however, this decision encourages an approach in which localities have tended to control the siting of adult en- tertainment businesses on the basis of land use. m-iv FOOTNOTES 1. Cf Smith v. CoH! son. 119 Cap App 180, 6 P2d (1931); Oevaney v. Sd. of Zoning AooeaTs . 132 Coon. 537, 45 Ad2 828 (1946) : Toulouse v. Bd. of Zoning Adjustment. I**? Me 387, 8? Ad2 670 (1952). 2. Cf American Sign Co. V. Fowler. 276 SW2d 651 (Ky'1955). 3. Cf Lincoln Trust Co. v. Will tarns Bldq. Corp.. 229 MY 313, 128 NE 209 (1920). 4. Jonas v. Fleming Town Bd. & Zoning Bd. of Appeals, 51 Ad2d 473, 382 NYS 2d 39* (4th Dep't 1976). 5. I.C. 36-7-4. 6. Euclid v. Ambler Realty Co.. 272 U.S. 365, 47 S Ct 114. 71 L Ed 303 (1926). : 7. Cf 2ahn v. Bd. of Pub. Works, 274 U.S. 325. 47 S Ct 574, 71 L Ed 1074 (1927); and GarieFV. Fox. 274 U.S. 603, 47 S. Ct. 675, 71 L Ed 1228 (1927). 8. Cf Sup. Ct. In Nectow v. Cairto ridge (U.S. 183, 48 S. Ct. 447. 72 L Ed 842 9. Cf Scrutton y. County of Sacramento, 275, Cal App 2nd, 79 Cal Rptr 872 U969J; Troiario v. Toning Comm'n of Town of No. Bran- ford. 155 Conn 265, 231 A2d 536 (1967); and. Trust Co of Chicago ^TTity of Chicago. 408 1 1 1 91 , 96 NE 2nd 499 (1951). 10. Cf State v. Bessent. 27 Wise. 2d 537, 135 HW 2d 317 (1965). 11. Ibid., and J.D. Construction Co. v. Bd. of Adj.. 119 NJ Super 140, 290 A2d ~ 12. Ibid., and Fischer v. Bedminster Twp.. 11 NJ 194, 93 A2d 378 (1952) 13. For a more complete discussion of this subject, see Mathew Bender. Book V, Chapter HI, Sections 11.01,11.02 and 11.03. 14. Cf 421 US 50. 96 S Ct 2440, 49 L Ed 2d 310, reh denied 97 S Ct 191 (1976), rev'd 518 F2d 1014 (6th Clr 1975). nr-v FOOTNOTES 1. Cf Smith v. Collison. 119 Cap App ISO, 6 P2d (1931); Devaney v. Bd. of Zoning Appeals. 132 Conn. 537, *5 Ad2 828 (19*6) : Toulouse v. Bd. of Zoning Adjustment. 14? Me 38?, 8? Ad2 670 (1952). 2. Cf American Sion Co. V. Fowler. 276 SW2d 651 (Ky 1955)- 3. Cf Lincoln Trust Co. v. Williams flldo. Corp.. 229 NY 313, 128 NE 209 (1920). 4. Jonas v. Fleming Town Bd. t Zoning Bd. of Appeals, 51 Ad2d 473, 382 NYS 2d 39* <*th Dep't 1976). 5. I.C. 36-7-4. 6. Euclid v. Ambler Realty Co., 272 U.S. 365, *7 S Ct 114, 71 L Ed 303 (1926).: 7. Cf Zahn v. Bd. of Pub. Works, 27* U.S. 325, *7 S Ct 57*. 71 L Ed 107* (1927); and GarTelTv. Fox. 27* U.S. 603, *7 S. Ct. 675, 71 L Ed 1228 (1927). 8. Cf Sup. Ct. In Neetow v. Cambridge (U.S. 183, *8 S. Ct. **7, 72 L Ed 842 (192HTI 9. Cf Scrutton v. County of Sacramento, 275, Cal App 2nd, 79 Cal "9 _ ford, 155 Conn 265. 231 A2d 536 (1967); and. Trust Co of Chicago _ ty Rptr 872 (1969J; Troiano v. Zoning Comm'n of Town of Mo. Bran- ford, 155 Conn 265. 231 A2d 536 (1967); and. Trust Co" TTTity of Chicago. *08 111 91, 96 ME 2nd *99 (1951). 10.Cf State v. Sessent. 27 WUc. 2d 537, 135 M¥ 2d 317 (1965). 11.Ibid., and J.D. Construction Co. v. Bd. of Adj.. 119 NJ Super 140. 290 A2d 452 (1972). 12.Ibid., and Fischer v. Bedmlnster Twp.. II NJ 19*. 93 A2d 378 (1952) 13.For a more complete discussion of this subject, see Hathew Bender. Book V, Chapter III, Sections 11.01,11.02 and 11.03. 1*.Cf *21 US 50, 96 S Ct 2**0, *9 L Ed 2d 310, reh denied 97 S Ct 191 (1976), rev'd 518 F2d 101* (6th Clr 1975). nr-v 01- D^RTMENT: oF^cir^p^AKjNiMGg I L±i c m LJ IN-THE CITY Of IOSAHBEIES DEPARTMENT OF CITY PLANNING CITY OF LOS ANGELES JUNE 1977 BPfJBP I^IBawn i~~™*"r _-, my C0i*^ CITY PLAN CASE NO. 26475 Council File No. 74-^52.!-S.3 STUDY OF THE EFFECTS OF THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY OF LOS ANGELES Prepared for-: Planning Committee of the Los Angeles City Council Prepared by: Los Angeles City Planning Department June, 1977 TABLE OF CONTENTS Summary and Recommendations ..... . . . . ^ ......... 1 I. Findings. . ........................ 4 II. Purpose and Scope ................... ' • • ^ III. Methods Currently Used to Regulate Adult Entertainment •Businesses ........................ 9 A. Approaches to the Regulation of Adult Entertainment by Land Use Regulation ................ 9 1. Boston Approach ................... 9 2. Detroit Approach .................. 10 3. Variations Adopted by Other Cities ......... 10 B. Alternate or Supplementary Forms of Regulation Currently Available Under State and Municipal Law ... 14 1. Red Light Abatement Procedure ........... 14 2. Police Permit Requirements ............. 15 C. Other Regulations of Adult Entertainment in Los Angeles .................... 18 IV. Methodology and Analysis ................. 20 A. Changes in Assessed Valuation Between 1970-1976 .... 22 1. Study and Control Areas .............. 22 2. Conclusion ..................... 25 B. Public Meetings . ." .................. 27- C. Questionnaires ................. ". . . 32 1. Description of Survey .............. 32 2. Results of Survey .... ............ 33 D. U.S. Census and Related Data ............. 44 1. Description of Hollywood using :'Cluster Analysis'! .............. ' . . . 44 TABLE OF CONTENTS (cont'd) 2. Description of Studio City and North Hollywood using Census Data ...... ' .......... V. Polios Department Study of Hollywood ............ 51 TABLES I. No. of Ordinances Regulating Adult Entertainment Uses ......................... 11 II. Ordin-ances Regulating Adult Entertainment Uses by Dispersal ............... ........ 13a ill. • City Council Files Relating to Adult Entertainment . . . 19a IV. 1970-76 Changes in Assessed Valuation ......... 24a V. Studio City, North Hollywood and City of Los Angsles Comparison of Census Data ........... 48 "I. Reported Crimes and Arrests 1969-75 - Hollywood and City of Los Angeles ................ 53 EXHIBITS Ex.hibit A - Generalized Location of Adult Entertainment. Sites in Hollywood and Central City, by Census Tract .............. . ..... 22a Exhibit 8 - Generalized Location of Adult Entertainment Sites in Studio City and North Hollywood, by Census Tract .................... 22b AP. VOICES A. Assessment Data - 1970 and 1976 8. Form - General Questionnaire C. Form - Appraiser Questionnaire 0. Response and Summary of Privately-Distributed Questionnaire (not a portion of study) £- Oata from U.S. Census - 1960 and 1970 :.>.::.•..,-..:.:-. '- HMARY AND RECOMMENDATIONS ' * ' -•'."• iA. "Types of Ordinances to Control "Adult Entertainment" Uses " Two methods of regulating adult entertainment business via land use regulations have developed in the United States. They are: 1) the concentration of such uses in a single area of the city as in Boston; and 2} the dispersal of such uses, as in the City of Detroit. The Detroit ordinance has been challenged and upheld by the U.S. Supreme Court (','oung vs. American - Mini-Theaters. 96 S. Ct. 771, 1976). 8. Effect of "Adult Entertainment" Businesses on the Community There has been some indication that the concentration of "adult entertainment" uses results in increased crime and greater police enforcement problems. In the City of Los Angeles, the Los Angeles Police Department has found a link between the concentration of such businesses and increased crime in the Hollywood community. (The major portion of a Police Department report on this subject is herein contained.) While several major cities have adopted ordinances similar to the Detroit • ordinance, no other major city has, to our knowledge, adopted a ." '\ Boston-type ordinance. Testimony received at two public meetings on this subject has revealed that there is serious public concern over the proliferation of adult entertainment businesses-particularly in the Ho 1lywood.area. Citizens have testified of being afraid to walk the streets; that some businesses have left -the area or have modified their hours of operation; and that they are fearful of children being confronted by unsavory individuals or of being exposed to sexually explicit material. A representative of an adult theater chain testified in support of the manner in which this business was run and in support of the type of clientele which attend the theaters. The Planning Department staff is of the opinion that the degree of deleterious effects of adult entertainment businesses depend largely on the particular type of business and on how any such business is operated. . : **.•":,..*•• , 1 A mail survey questionnaire conducted by the Planning Department has tended to emphasize general public concern, over the proliferation of sex-oriented businesses and has indicated further, that appraisers, realtors and representatives of lending institutions are generally of the opinion that concentration of adult entertainment businesses . exerts a negative economic impact on both business and residential properties. They feel that th'e degree of negative impact depends upon the degree of concentration and on the specific 'of adult entertainment business. -a- :~: • Tlve 1970-76 change in the assessed value of residential and , -r"'" commercial properties containing concentrations of adult enter- I "•:'.'"'• tainment businesses was compared with other areas without such ' concentrations, and with the City as a whole. On the basis of this comparison, it cannot be concluded that properties ; ' '• containing concentrations of adult entertainment businesses have / ' directly influenced the assessed valuations of such properties. - « Data and analysis based on the U.S. Census of 1970 and certain1 ' trend data from, th'e censuses of 1960 .and 1970 as 'applied to areas of , the City containing concentrations of add It entertainment businesses are included in the body of- the report and in the Appendix. . . - *'„"'"". C. Scope of the Ordinances Enacted by Other Jurisdictions ' The scope of "adult entertainment" ordinances encompases a variety of adult activities. For example, the Los Angeles Study has considered "adult entertainment" establishments to include adult bookstores, arid theaters, massage parlors, nude modeling studios, adult motels, arcades, and certain .similar businesses. Marty other ordinances studied, however, are less broad in their . " coverage. The Detroit ordinance, for instance does not regulate massage parlors or adult motels, hor does It provide for the closing of any such businesses by amortization, which' would be necessitated by the retroactive application of such an ordinance. Table I on page 11 indicates the ordinances reveiwed and the major categories of uses they regulate. Effect of Ordinances Enacted by Other Jurisdictions: The U.S. Supreme Court in Young vs. American Mini-Tneate~rspointed out, "as one of the base's for up no 1 d i n g the Detroit ordinance, that the regulation did not lim'it the number of "adult entertainment" businesses. Our study has indicated that the practical effect of literal adoption of "Detroit" language without modification in the City of Los Angeles would be to limit the 'potential locations for such businesses rather severely. Due to the predominance of commercial zoning in "strips" along major and secondary streets, an ordinance preventing "adult entertainment" business from locating within 500 feet of residentially zoned property would, in effecl, limit such businesses to those areas of the City where there is commercial zoning of greater than 500 feet in depth. Areas with such commercial frontage would include downtown Los Angeles , a small part of Hollywood, Westwood, and Century City. A few industrial areas would also afford a. separation of this distance from residential properties. The limitation of 1,000 feet between establishments (as provided in the Detroit ordinance) would likely "be inappropriate in the City of Los Angeles inasmuch as commercial zoning is located in a strip pattern along most of the City's approximate 1,400 miles of major and secondary highways. (It is estimated that approximately 400 miles of such "strip"commerci-al zoning exists 1n the City.) - *&<'•:-.'J^:-^- ' " " -2-fti-fef-^^./ .1: ;;^--. -:; -.-'-• ^ ;^:^rv ;,-->=•.-' .-..*,- •'.. . '•: ' '.:' . "-^^•.;;:^>if;.;?;;-: '-.; ' •-•.'^Y: - - _ ' ; . - •..-. '0. Recommendations ; .... . -'• : I. If the City Council should find it advisable in light of :': ; the findings of this report to recommend the preparation of ',....' an ordinance to control adult entertainment businesses, •-.;:.'.-.' such an ordinance should be of a dispersal type rather than ,:•. . a concentration type. (To build a planning policy basis "--^V . '; for such regulation, the Council may also wish the Planning :--".."'' Department to consider the development, of appropriate "c:~^;''^V policies for incorporation within the Citywide Plan.) 2. If a dispersal type ordinance is recommended by the City ' Council, the Planning Oepartn>ent is of the opinion that >..--.. such an orcfvna-nce should be designed for specific ;.-„ • application in the City of Los Angeles, rather than the ;--r: : direct adoption of the Detroit model. If such a dispersal :"-..:."'.'•' type ordinance is recommended for enactment locally, it .;.-/••" '. should consider: a. distance requirements between adult entertainment - establishments. The Planning Department recommends that a separation between establishments greater than .,'-; 1,000 feet is necessary and desirable. -:-^X;->?;VV "~ . *y a~- ' -:-"«. ^v -fjf^fVi: •:•./•:>dv^t'.C<>: •-••'- stffe^^fe S'''""-1'^. •iT-'.V :'*".'--. . . •¥"••>> '': £^§f->;-'' >,"*.v";'j'^ ""4 J •r>- • .?'?•• ^^'•— *•*,**'; -..•;•/•• .-\-"* tJ . distance requirements separating adult entertainment , establishments from churches, schools, parks, and the 'c. ••';. like. The Planning Department suggests that a separation of at least 500 feet is 'necessary. A .__••-• similar distance separating adult entertainment uses : ". from single-family residential deve lopment- shou Id also ^ be considered. : c. the possibility of enacting additional provisions to regulate signs and similar forms of advertising should .-'.._... also be considered. If the City Council should find it advisable to recommend all of the types of "adult entertainment" businesses included in this study, it should consider whether all such uses should be in the same class and subject to the same regul at ions . - '"..'•..- Should the City Council recommend the preparation of a zoning ordinance to regulate adult entertainment businesses, other sections of the Municipal Code relating to the subject, including police permit requ irements, should also be amended in order to be consistent with the zoning regulations and to facilitate the administration andenforcement of such .regulations . &&;'-• ••:-• ;. • ^.: '•„-•-*$zj£l&^:.:^t:'-: '!:-:•':.;-3- >. i ; ,5.. expanding the list of orohibitoH Pre-at1on- consider include additional adult enierL^\ ln Said zone toing, entertainment uses as herein 6."• - ^j-jiat jn r no rn,-,,. !,«.,•__ . * „ . . : ::..•:- "^?'1i^iii:«;^•l.n%lu;f^KnK^'^y'^?««rlr'""".l^e.l'u'1• y-'v '"'' '"""""I 2oninSe r^|^?^s Code ™'«ti»9 to % '„ . :; *•'--.".."- ' "••v'-'f-v:?.^..- '^- -'--'-.••'•". - : '•".-.';: ; •:•. X-^^Si^.^, • .Vv';..: ,'. • :- XT - -;-''"''"v 'i-V/^^:-^^^^^ :•'•?• v'-'r.".-:1''^- '^JSJ^-T^V ."fj^: ;;1"^- '.X-X- •;.' • "•*> ' '""'?-": '**'"' ' ::- •' •-. ..." . .' • '' ;%'-. -"* •• '•,'•" '; • «-••'..'-" • "iiv- , .. "•' ^'\'. . ' ' ' . • -.. :_v^-:', ":_; . _ -3a- ^^^^^;-'SJ-;v":--K';v^:- I. ' . '"' • . FINDINGS 1. A Boston-type ordinance (concentration) to control adult [ entertainment businesses would not be acceptable nor desirable I in the City of Los Angeles. i 2. In the avent legislation is enacted in the City of Los Angeles I there is adequate basis for a Detroit-type ordinance (dispersion) w/fich requires a distance of 1000 faet between , ' establishments and 500 feet from residential zones. ; -- Existing locational patterns of adult entertainment businesses (in Hollywood, Studio City, North Hollywood) actually j. represent a concentration rather than a dispersion of ' establishments. (Such patterns ara contrary to the Detroit concept and are due3 in fact, to the City's strip commercial '' zoning pattern.) 3. If dispersion is desired in Los Angeles, an ordinance should be designed specifically for the City. (0irect application of the Detroit ordinance would not be desirable or appropriate in Los Angeles and would, in part, tend to result in a concentration of such bus inesses.) 4. Statistics provided by the Los Angoles Police Department (LAPD) indicate a proportionally larger increase in certain crimes in Hollywood from 1965-75.; as compared with the City of Los Angeles as a whole. (Hollywood has the largest concentration of adult entertainment businesses in the City.) 3. Statistics provided by the LAPD indicate that there has been a large increase in adult entertainment enterprises since 1959, particularly in Hollywood. From December 1375 to December 1976, however, there has been a decrease in such establishments. ./>. Testimony obtained at two public meetings on the Adult Entertainment study conducted on April 27 and 28, 1977 indicated that: Many persons, including the elderly, are afraid to walk the streets in Hollywood. Concern was expressed that children are being exposed to sexually explicit materials and unsavory persons. Some businesses no longer remain open in the evenings and others have left the area allegedly directly or indirectly due to the establishment of adult entertainment businesses. In Hollywood^ some churches drive the elderly to • services and others provide private guards in their parking lots. Nearly all persons opposed the concentration of adult entertainment activities. 7. Responses to que« ;onnaires of the City Pla ing Department nave ;, .indicated that: •;';.':f: -" Appraisers, realtors., lenders, etc. beliave that the ••"." concentration of adult entertainment establishments has had ,' / • adverse economic effects on both businesses and residential property in respect to markat value, rental value and rentabi*! ity/saleabi 1 ity; that the adverse economic affects diminish with distance but that the effects extend even beyond a 1000-foot radius; and that the effects are related to the degree of concentration and to the specific type of adult anterta.inment business. "' "- Businessmen, residents, etc. believe that the concentra- tion of adult entertainment establishments has adverse effects on both the quality of life, and on business and property values. Among the adverse business affects cited are: difficulty in retaining and attracting customers to non- "adult entertainment" businesses; difficulty in .' recruiting employees; and difficulty in renting office space and keeping desirable tenants. Among the adverse effects on the quality of life cited are increased crime: the effects '..'_ •-"".' on children; neighborhood appearance, litter and graffiti. 8. A review of the percentage changes in the assessed value of commercial and residential property between 1970 and 1975 for the study araas containing concentrations of adult entertain- ment businesses have indicated that: ';•'.-_ .- The three study areas in Ho 1 1 ywood containing such ;. -.•__. businesses have increased less than the Hollywood Community, i.-X .'• anc* Isss than the City as a whole. Two of the .three study '\v '.:•-..' areas in Hollywood have increased less than tivair .—• . corresponding "control areas"; however, one such study area ;'.'.-. ..-.• increased by a greater amount than its corresponding control \>.•";:":"'•"'... a"ea. •/...•.. • : - The study area in Studio City has increased by a greater • . percentage than its corresponding "control area". by a '•; ; slightly lower percentage than the Sherman Oaks-Studio City ./'-..;-.. Community; and by a considerably greater percentage than the J\vv_ entire city. .... :"'.;";. - The study area in North Ho 11 ywood has increased by a ;•['-. considerably lower percentage than its corresponding control •~'\ area, the North Hollywood Community, and the City as a whole. -/:.:.•'«•/- ~ ' °n the basis of the foregoing it cannot be concluded that .;"-• ;; " adult antertainment businesses have diractly influenced "-'.. changes in the assessed value of commerc i a) arTd residential . : -. properties in the areas analyzed. £f~s~* • • * - -• , _. 9. There are various existing laws and regulations (other than _;;. zon ing) - ava i 1 ab le to effect proper regulation of adult entertainment businesses. \ '' > 10. There is a high degree of turnover in individual adult entertainment businesses as evidenced on pagy 51 (Much of this change ic probably due to Police enforcement.) 11. The Los Angeles City Council, both on its own initiative arid at the urging of numerous citizens groups, has proposed a variety of approaches to limiting the possibly deleterious effects ou "adult er.tsrtaindent" business on neighborhoods.> 12. At least 10 cities have adopted ordinances similar to che Detroit dispersal ordinance. Several oth^r cities' have enacted other corns of regulations. 13. The Detroit ordinance does not regulate massage parlors. Of. (-.he cities with regulations, three have included massage parlors within tha purview of their zoning ordinance. t 14. None of the cities surveyed call out or regulate adult n-.ot-als H..; a part of their "adult entertainnent" ordinance. 15. The Detroit Ordinance is prospective in its application and therefore does not include an amortization provision, i.e. provide for a time period for the removal of exiatiag businesses. Although other such ordinances have included such provisions, none had been validated by the courts at the tiir.a of this study. T VV.r •:-..»". i|.T' «; •" k£':Tli,' rn;:-. (7^/^HAiiDCOKADUUIKillllAfflMIIil LADIES FREE i 5^,FIIMS ^ ^fe^^::{;iu^^ "•'••'•" FOXf STAGED" r'"Yr**r.""r!r"?. . •" ^^.v »• « .-V*"" -XV*«!a ^fluH's^ ' KsHiSr LL HEW EROTIC DANC.. JBLTPLUS F01! LOVE OR HOMEY _ X)'X A GOOD IMVESTMEMT r^Hpllx'' v'r"'• '>:"~! v.- ^TO^TW'r •*?;?: ;i',:-.v7^-» • \^'"'rf 'lV ' '•=•':;' '• • ^rt^-^::^i;''^^ »'•' '!»''rU Sfe ;'•' ^••'!' ^'^;^:'^^^^:: /^^)f N, •' ''W & ft t • !^' 4 ::• ^^»v'i;: ^.-^4 P^^^M'hl\^^s^i:^t^: «Wt:-^ Mfeagai,.;-.'3 -PAPER BACKS •MARITAL AIDS PAPER BACKS MARITAL AIDS II. PURPOSE AND SCOPE On January i 7 1377 <-u , Department, wit.i (I'' "2.L°S ""geles comprehensivr stJSy L rf ?" °f "'E™:;;??.-».r^-sra.* "nni;^-ff^-?=» PUP\rti XKZT ?s £?•" »?1T:.%'?;« bookstores; X-rlted t " W°Uld par lors City Council instructed this her City agencies, to conduct a whether the concentration of lishments has a blighting or es . and/or neighborhoods. The general term utilized by the to businesses which primarily ing sex or in providing certain nclude the foTinw'--- adult n'n- -hanstc.); and Angel e businesses pro there has lf ^at i on been of increasina rsuch c9 co?cern in Los should be for notsd ^ "^'thf J n« *dd^1on i » to the ofabsencet - not g In state C i ty are t is t u d i e d 1 or ^S?'!^£a'i:rr9 ^^^<!™^ «. CHy councu concentration cau^K,-\stab!fsh"'e"t^ where thf"1"1'"5 «Sether X" *™n po?ed to L oub^' ^ det^ioration when^ thi"'51 ^^'..i't.*::.B Jj r r<-th-v^-r ;?' ".•-•?.ti.°jt.?«^tf!; ?n;;°?;;tr?h:-%', •-"-ob-">" ft f5•-.v-u.uui CO for before it Hnt-Vi the adipuon question the they have bookst th °fthe 5Ptrum3 is the rourges the certain pa-t regardinq 9overnm2nt? s int City waiting °f society?" who e"tartai""'ent " SUbJ2Ct Se so]d V -7- In completing this study, the Planning Department has made every effort to ensure a fair and unbiased analysis of "adult entertain- ment." The staff has been instructed to objectively review information of a factual nature; and, although the personal feelings of organized groups and the public at large were forcefully expressed at the two public meetings and in - the study questionnaires, the staff has maintained independence from such strong emotions in evaluating the data gathered. As noted above, the staff has specifically been given the charge to determine whether the concentration of "adult entertainment" establishments has any blighting' or degrading effect on the neighborhoods in which they reside. We did not consider the specific nature or content of the materials or services rendered, advertised or promised, for this would have constituted a censor-like role for the Department which was neither desired nor requested by the Council. This study has focused on the Hollywood community as well as portions of Studio City and North Hollywood as those areas of Los Angeles having the greatest concentration of "adult entertainment" establishments. In order to assess the effect of the concentration of "adult entertainment" establishments in those areas, the staff has analyzed such factors as changes in assessed property values, and reviewed various crime statistics as well as other demographic and related data as available from the U.S. Census. In addition, the Department has reviewed various established approaches to the regulation of "adult entertainment" business, including legislation already enacted by other jurisdictions, and earlier efforts of the City of Los Angeles to regulate such businesses. 8y means of two public meetings on the subject conducted by representatives of the City Planning Commission, and through the use of a mail survey questionnaire, the Department has also attempted to provide additional documentation relative to the actual or perceived impact of adult entertainment businesses on the community. Current information on crime statistics has been provided in a separate report prepared by the Los Angeles Police Department, major portions of which are herein included. ' ' III. METHODS CURRENTLY USED TO REGULATE "ADULT ENTERTAINMENT" BUSINESSES A. APPROACHES TO THE REGULATION OF ADULT ENTERTAINMENT BY LAND USE REGULATION Two primary methods of regulating "adult entertainment" businesses via land use regulations have developed in tha United States:' the concentration approach, as evidenced by the "Combat Zone" in Boston., and the dispersal approach, initially developed by Detroit. 1. Boston Approach In Boston the "Combat Zone" was officially established by designation of an overlay Adult Entertainment District in November of 1974. The purpose of the overlay district was to create an area in which additional special uses would be permitted in designated Ccmmarcial Zones which were not permitted in these zones on a citywida basis. The "Combat Zone" had existed unofficially for many years in Boston, as the area in question contained a majority of the "adult entertainment" facilities in the City. The ordinance was adopted in response to concern over the spreading of such uses to neighborhoods whare they were deemed to be inappropriate. Other considerations included facilitating the policing of such activities 'and allowing those persons who do not care to be subjected to such businesses to avoid them. Under the Boston ordinance, adult bookstores and "commercial entertainment businesses" are considered conditional or forbidden uses except in the Business Entertainment District. Existing "adult entertainment" businesses are permitted ' to continue as non-conforming usas, but, if 'discontinued for a period of two years.- may not be re-establ is.hed. Establishment of uses in areas of the city other than the "Combat Zone" requires a public hearing before the Zoning Board of Appeals. The effectiveness and appropriateness of the Boston approach is a subject of controversy. There has been some indication that it has resulted in- an increase in crime within the district and that there is an increased vacancy rate in the surrounding office buildings. Due to complaints of serious criminal incidents, law enforcement activities have been increased and a number of liquor licenses in the araa have been revoked. Since the "Combat Zone" and most of the surrounding area ars part' of various redevelopment projects., however., the change in character of the area cannot be attributed solely to the existence of "adult entertainment" businesses. f In Los Angele , the Police Department hs investigated the effect of "adult entertainment" businesses in Hollywood and found a link between the clustering of thcso establishments and an increase in crime. (See Section V- pages 51 to 55). For this reason, and due to the enforcement problems created by such concentrations, the Police Department is not in favor of a concentration approach in the City of Los Angeles. Public testimony at hearings and through Planning Department questionnaires iias indicated an overwhelming public disapproval of this approach for the City of Los Angeles. 2. Detroit Approach The City of Detroit has developed a contrasting approach to the control of "adult entertainment" businesses. The Detroit Ordinance attempts to dispersja adult bookstores and theaters by providing that such uses cannot; without special permission, be located within 1000 feet of any other "regulated uses" or within 500 feet of a residentially zoned area. This ordinance was an amendment to an existing anti-skid row ordinance which attempted to prevent further neighborhood deterioration by dispersing cabarets, motels, pawnshops, billiard halls, taxi dance halls and similar establishments rather than allowing them to concentrate. The ordinance was immediately challenged and eventually was upheld by the United States Supreme Court, (Young vs American Mini Theaters 96 Supreme Ct. 771, 1976.) In response to our request, data supplied by the City of Detroit Police Department indicates that the combination of the dispersal ordinance and a related ordinance prohibiting the promotion of pornography have been an effective tool in controlling adult businesses. To date, 18 adult bookstores and 6 adult theaters have been closed. There are 51 such businesses still in operation in Detroit and 38 pending court cases for various ordinance violations. 3. Variations Adopted by Other Cities The success of the Detroit ordinance has spurred attempts by a number of other cities to adopt similar ordinances. The uses controlled and the types of controls established by these ordinances are summarized in Tables I and II, infra. While the current study of the effect of "adult entertainment" businesses on neighborhoods in Los Angeles has encompassed all forms of "adult entertainment", the ordinances reviewed and the Detroit Ordinance "specifically, are less encompassing in scope. Table I. on the following page, lists and reviews a number of ordinances; which regulate various specified adult uses. -10- TABLE I Number of Zoning Ordinances Regulating Specified Adult Entertainment Uses (11 Ordinances Reviewed-! not adopted) No. of Cities USE t Regul at ing* Adult Theaters 11 Adult Bookstores 9 Mi ni-theaters and coin operated facilities' 5 Massage Parlors (includes "physical culture estab1ishments) Modeling Studios/Body Painting 2 Pool/Billi ard Hal Is 2 Topless Entertainment ' 2 Newsracks 1 Adult Motels 0 < * (Numbers have incorporatad-where appropriate-uses entitled [ "physical culture establishments" and "businesses to which persons under 18 could not be"admitted".) The Detroit dispersal ordinance does not regulate massage parlors, nor does it require any existing business to close by amortization. Many of the more recent ordinances include amortization provisions and several of these are currently in varying stages of litigation. Perhaps the most comprehensive ordinance proposed to date (although not adopted) is that of New York City. The proposed ordinance creates five classes of controlled uses, one of which is entitled "physical culture establishments" and is defined as a general class including any establishment which offers massage or other physical contact by members of the opposite sex. The ordinance would also apply to clubs where the primary activity of such club constitutes one of the five defined classes of adult uses . The ordinance also provides for a special permit exempting individual adult uses from amortization requirements when the Board of Standards and Appeals makes findings regarding: 1. The effect on adjacent property; 2. Distance to nearest residential district; 3. The concentration that may remain and its effect on the surrounding neighborhood; 4. That retention of the business will not interfere with any program of neighborhood preservation or renewal; or 5. In the case of an adult bookstore or motion picture theater, the Board finds that the harm created by the use is outweighed by its benefits. Locally, the cities of Bellflower and Norwalk have enacted ordinances requiring adult bookstores and theaters to obtain a conditional use permit. As a part of their study, the City of Bellflower surveyed over 90 cities in Southern California to determine how other cities were controlling adult bookstores. Of the cities which responded to the Bellflower survey,'12 require a conditional use permit for new bookstores. The conditions for obtaining such a permit generally include dispersal and distance requirements based upon the Detroit model. Bellflowar also includes parking requirements and the screening of windows to prevent a view of the interior; it prohibits the use of loudspeakers or sound epuipment which can be heard from public or semi-public areas . Other cities impose such controls as design review, prohibition of obscene material on signs and required identification of the business as "adult". Such controls are a possible alternative or addition to regulation of adult uses by location. -12- Exterior controls affect the aspects of adult businesses which are most offensive to some citizens. The basis for such controls stems from the recognition of privacy as a constitutional right and fhe right to bo "left alone" as a part of that right. " (See Paris Adult Theatre I v Slayton, 93 S.Ct. 2628 1973.) Table II, following, provides a comparison and description of ordinances from various cities which are regulating "adult entertainment" businesses by dispersal. The theory that there should be no first amendment bar to sign controls is discussed by Charles Rembar, in "Obscenity--Forget It", Atlantic Monthly, May 1977, pgs. 37-41. -13- ORDINANCES RBGULATlr/G -ADULT ENTERTAINMENT USES BY DISPERSAL DISTANCE DISTANCE FROM / FROM CHURCHES CONCEN- AMORTI- APPEALS OTHER CITY Seattle Denver Dallas leveland :troit USES CONTROLLED Adult theaters Entertainment to which persons under 18 could not be lawfully admitted Adult shows or theaters Adult bookstores, adult movies and mini-motion picture theaters, pool or billiard halls Adult bookstores, adult motion picture theater, mini-motion picture theaters, cabarets, hotels, motels, pawnshops, pool or billiard halls, public lodging houses, secondhand stores, shoeshine parlors, taxi-dance halla RESIDENTIAL . 500' 1000' 500' I SCHOOLS 1000' TRATION 1/1000' 2/1000 ' ZATION yes-90 days PRO'CEDURE > ** Waiver by petition of 51% of per- sons owning/ residing or doing busi- ness within 500' CONTROLS Allow only in DM, CM, & CMT Zones; termi- nate such uses in all other zones Ordinance pro- hibiting promo tion of pornog raphy DIofANCE DISTANCE FROM . FROM CHURCHES CONCEN- CITY New York (not adopted) Oaklandii Kansas City Santa Barbara ellflower USES CONTROLLED Adult bookstores, motion picture .theaters, "topless" entertainment facil- ities, coin-operated entertainment facil- ities, physical cul- ture establishments Adult bookstores, adult movies, peep shows, massage parlors Adult bookstores and motion picture theaters, bath houses, massage shops, model- ing studios, artists- body painting studios Adult newsracks, book- stores, motion picture theaters Adult bookstores, ' theaters or mini- theaters, massage parlors Modal studios RESIDENTIAL 500' 1000' 10001 1000' ' (SCHOOLS 1000' . 1000' U from parks or recreation facilities) 1000' (& from parks or play- grounds) 500' TRATION 2-3/ 1000 ' 1/1000' 1/500' 1/1 000' AMORTI- ZATION 1 year closest to R- zone first to go 1-3 yrs. if no use permit *%«M APPEALS PROCEDURE Special permit exception must make findings Waiver, if petition of 51% of per- sons resid- ing or own- ing property within 1000' of proposed use • ; BE&i COPY OTHER CONTROLS .Sign regulat .Applies to c .Adult use al< a primary us< All require C. permit Confined to ove lay C-X zone within C-2, 3, Public displz defined materia prohibited By C.U. all bui ing openings, entries, window covered or screened to pre vent view into the interior No loud speaker W«gty KBS:o oCJi •H -H"•* ^ e•§ o J3 -H 4)0, ^ Q.a,0) <n££°•v^ .-J I 1^ i-< 4J3 v, —^* Ccr n aa u M°J J= 0»M OX. O 4J•MH AI vO W c«n «tnS,!0"C .u c jj•H OJ «J o 4J1 t>» « CO -^C «J ^ ^ M« * *l (0 0aii:?e/" CO C•J o< aw u& ca, a < K 04 . H Z 0 ^0 J3 2« , 3 3 .<w JL "S °> o0^ ^ « >,4JOS_, 5-Q-H«u 2 "^ ° •«o JJTJ'0 ^ cS pr Tl •"«•>-</* C 4J ^( c; Q. _r-•H p c jj §, "'i 5iJ « j'-^'w^* "-1 •a a, Q o j ^ 0 « »H0 E-i N 3 J 5 F °f 0 o < 8. ALTERNATE OR SUPPLEMENTARY FORMS OF REGULATION CURRENTLY ' ' AVAILABLE UNDER STATE AND MUNICIPAL LAW 1, Red Light Abatement Procedure ' Red light abatement is a mechanism authorized by state law which allows local government to control criminal sexual ! behavior by controlling the places in which such behavior ; occurs. Sec. 11225 of the California Penal Code generally provides .' that every building or place used for iliaga-J gambling, lewdness, assignation, or prostitution, or where such acts occur, is a nu i s ance which shall be enjoined, abated. and ; prevented"!There are three basic steps involved in the: City's application of the Red Light Abatement Procedures: f (a) A complaint is filed by the City Attorney based upon the declarations of police officers of instances of prostitution taking place on the premises. (b) The City attempts to obtain a preliminary injunction to shut down the business until completion of the scheduled trial. If the City succeeds. the premises may only be re-opened as a legitimate business until the time of the trial. (c) At the trial, the burden is on the City to prove that prohibited acts occurred on the premises. The remedy may be closure of the premises for all purposes for one year, placing the building in the custody of the court, or an order preventing the use of the premises for prostitution forever. Complaints may be filed by citizens, and Sec. 11228 of the Code provides that in Red Light Abatement Actions "evidence of the general reputation of a place is admissible for the purpose of proving the existence of a nuisance". This method has been used successfully by the City to abate adult entertainment- establishments in Hollywood along Western Avenue. Although Red Light Abatement is directed at regulating sites, a Red Light Abatement conviction can affect the ability of an owner or operator to obtain a permit for a similar business at another site (see permit requirements supra). Due to the requirement of a court proceeding, however, this method of control is both time consuming and expensive. 14- ! ' "' " 2. P o 1 i c e P e rroi t Requ 1 r ernents Section 103 of the Los Angeles Municipal Code provides for tha regulation and centre! of a variety cf businesses by: permits issued fay the Board of . Police Commissioners. Permittees are subject to such additional requirements as may be imposed by Jaw or by the rules and regulations of i the Board.i Those businesses for which the City of Los Angeles requires a police permit and which may also be oriented towards ; adult entertainment include: - Arcades (Sec. 103.101) - Bath and Massage (103.205) i - Cafe Entertainment and Shows (103.102) - Dancing Academies, Clubs, Halls (103.105, 106, 106.1) - Motion Picture Shows (103.108) i In some cases, the specific regulations applied to c business, if enforced, preclude adult entertainment activities as a part of, the operation of the business, with revocation of the operating permit an available remedy for violation of the regulation. The most detailed regulations are applied to cafe entertainment (Sec. 103.102 LAMC) and are summarized as fo1 lows: a. Businesses Subject to the Regulations Operation of cafe entertainment or show for profit, and the operation of public places where food or beverages are sold or given away and cafe entertainment, shews, still cr motion pictures are furnished, al-lowed or shown. The regulation does not apply to bands or orchestras providing music for dancing. b. Cafe Entertainment Defined "Every form of live entertainment, music solo band or orchestra, act, play, burlesque show, revue, pantomime, scene, song or dance act". The presence of any waitress, hostess, female attendant or female patron or guest attired in a costume of 'clothing that exposes to public view any portion of either breast at or below the areola is included with the purview of the ordinance. -15- Summary of Activities Prohibited Allowing any person for compensation or not, or while acting as an entertainer or participating in any live act or demonstration to: (1"} ...Expose his or her genitals, pubic hair, buttocks or "any por-t-io_n of the female breast at or below the (2) Wear, use, or employ, or permit, procure, counsel or assist another person to wear uso or employ, any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum or any portion of the female breast at or below the arepla. Tne above provisions do not apply, to a theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. The permit may also be revoked for conviction of the permittee, his employee, agent or any person associated with permittee as partner, director, officer, stockholder, associate or manager of: (1) An offense involving the presentation, exhibition or performance of an obscene production, motion picture or pi ay; (2) An offense involving lewd conduct; (3) An offense involving use of force and violence upon the person or another; (4) An offense involving misconduct with children; (5) An offense involving maintenance of a nuisance in connection^ with the same or similar business operat ion;" or, if the permittee has allowed or, permitted acts of sexual misconduct to be committed within the licensed premise. Massage businesses have traditionally been regulated by licensing. The latest changes in the massage regulation became effective in November of 1976. The application for a permit now requires: (1J deti. Had information regarding the applicant; ~ (2) nans, address of the owner and lessor of the pr.. perty upon or in which the business is to be coi ducted, and a copy of the lease or rental igioement; -16- (3} requirement of ?. public hearing prior to issuance of a permit for the operation of a message business. Operating requirements for massage businesses include: ~ a permit for each massage technician; - regulation of the hours of operation; - posted list of avaijahle services and c cost; - s. record of each treatment, the name and address of the patron, name of erapJoyee and typ-3 of treatment administered. So-csiled "private" clubs or "consenting acuit clubs" which have ostensibJy been formed as an aJtarnative to massage parlors had until recently been regulated via the requirement of a social club permit. In Juna 1S77, however, the ordinance establishing such requirement was declared unconstitutional, by a Los Angeles Muncipal Court due to unreasonable restrictions on the freedom of association. To date, it is unknown whether the City will appeal the ruling or amend the ordinance. -17- C. OTHER REGULATION OF AOULT ENTERTAINMENT BUSINESSES IN LOS ANGELES Regulation of adult entertainment businesses has a long history in Los Angeles. In 1915 the "prevalence of sex evils arising out of massage parlors" caused the City Council then to enact Section 27.03 (L.A.M.C.) as "a safeguard agajnst the deterio- ration of the social life of the community." The ordinance provided.: "(a) It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex, any massage, any alcohol rub or similar treatment, any fomentation, any bath or electric cr magnetic treatment, nor shall any person cause or permit in or about his place or business or in connection with his business, any agent, employee, or servant or any other person under his control or supervision, to administer any such treatment tc any person of the opposite sex." . This provision remained in the Code, in one form or another, until a similar Los Angeles County ordinance was declared invalid in 1972 due to the preemption of the criminal aspects of sexual activity by the State. • • In reaching its conclusion, the court referred to the discussion of the Los Angeles City ordinance in In Re Maki. This 1943 case upheld the constitutional validity of the- ordinance, and,' according to the court, established the primary purpose of such ordinance as the limiting of criminal sexual activity. The late 1960's and early 1970's brought a proliferation of nude bars and sexual scam joints in the Los Angeles area. In 1969, the Cafe Entertainment regulations (Section 103.102 Los Angeles Business Code) was modified to include strict controls on nudity (see discussion infra). A variety of Council motions were made to control other types of "adult entertainment" such as arcades, massage parlors, and newsracks. Many of these were Initiated due to substantial citizen complaints, and some resulted in final ordinances. (See Table III pages 19a to 19'd.) 2 -?-" Re Maki 56 CA 2d. 635, 1943. o Section 27.-03.1 Los Angeles Municipal Code, 1938 Lancaster v Municipal Court 6 C 3d 305, 1972. -18- Beginning in 1974, several Council motions v/er^ mad* g^narei:y calling for an investigation and preparation of an ordinance regulating adult theaters and bookstores. The advice cf the City Attorney was sought, and at ths suggestion of that Office, Action was delayed pending the Supreme Court decision regarding the Dat'.-oit Ordinance. That decision was handed dcwn in June of 1S7-S. On July 13, 1S76., a Council motion was introduced by Councilman Wilkinson requesting a study of concentrations of adult entertainment similar to that cf Detroit. Table III provides a generalized summary of the major Cc:ir.ci: files and actions relating to adult entertainment. While not part of this study, a recently enacted ordin-inr. r controlling on-site sale of alcoholic beverages should ',}•=. recognized as an attempt to control another aciult-type usj. Effective March i, 1977, the Los Angales Muncipdt Code •.'?.: amended to require a conditional use permit for the on-sit5 -ifaz of alcoholic beverages. (Council File No. 70-200. City PI-in Case No. 22878). Although aimed at the regulation ov anti-social activities in all establishments serving alcoholic beverages, the subject ordinance would., of course, also have a "spillover" effect with regard to those businesses, which have aoult entertainment as well as alcoholic beverages. Generally, the ordinance would, in all cases., require issuanc." of a conditional use permit for any business selling alcoholic beverages for on-site consumption, rather then the previous practice of permitting them as a metter of right in certain zones. The advantage of the new procedure is that as a prerequisite of approval of an individual application; there must be a public hearing to determine whether the proposed use will have a detrimental effect upon nearby properties and the neighborhood in which it is being proposed. In the long run:the ordinance may provo to be an effective device to- regulate uses (dispensing alcoholic bevsr^.g^s} which tend to have a deteriorating effect on an area^ some of which nMys coinci- dentally, elso be adult entertainment businesses. TABLE III . CITY COUNCIL FILES RELATING TO ADULT ENTERTAINMENT DATE FILE NO.SPONSORS RECOMMENDATION DISPOSITION 3/23/70 North Hollywood Chamber of Commerce That topless and bottomless bars and pornographic film and literature be confined to the M-3 zone. Disapproved by the Planning Commission. 3/71 C.F. 72-374 Councilman Snyder Effort to control bath or massage parlors by'modifying the definition of "physical therapy" in state law. And, City support for legislation that would make Physical Therapists/ Chiropractors responsible for activities in their offices and prohibit treatment by unlicensed assistants unless the license holder is in the room. Introduction of Afi 823 modifying the definition oi physical therapy - Died in Committee November 1972. Recommend modification of Board of Chiropractors Rules and Regulations. State Board of Chiropractif Examiners adopted "Board Rule 316" which makes chiropractors responsible for the conduct of employe* in their place of practice, and specifically prohibits sexual acts or erotic behavior involving patient? patrons or customers. - 19-a - TABLE 1. ^ (cont'd.) DATE.FILE NO.SPONSORS RECOMMENDATION DISPOSITION 2/74 C.F. 72-374 'S-l S-2 Stevenson and Wilkinson Study of the need and feasibility of regulating hours of operation, mini- mum requirement for practitioners. - and health and safety conditions in massage parlors. 1/9/75 Board of Police Commissioners approved ordi- nance and adopted agreement with County to provide inspection of massage parlors - 19-b - TABLE III tcont'd.) DATE FILE NO.SPONSOR RECOMMENDATION DISPOSITION 10/18/74 C.F. 74-4521 Snyder, Robert Stevenson, Ferraro Provide by Ordinance that permits may not be granted to operate motion picture theaters which show "adult" films or bookstores which sell printed material which may not be sold to minors at locations which are within 1,500 feet of the nearest school, playground or church. Police and Fire and Civil Defense Committee referred prepared ordinance to Planning Committee. 1/21/75 C.F. 74-1969 Police permit requirement for arcades becomes effective. Regulates 5 or more coin or slug operated machines. Revocation for non-compliance with health, zoning, fire requirements, obscenity convictions. Regulates hours of operation. Regulation subsequently found unconstitutional by the Appellate Department of Superior Court, L.A. County. /27/76 City Planning Commission Planning Department report to City Planning Commission, ah their request, regarding proposed regulation of massage parlors and adult bookstores in Los Angeles. No action taken. /9/76 C.F. 73-374 S-1A Council adopts ordinance requiring permits to operate a massage busi- ness, act as a massage technician* and gives a massage for compensation effective 4/17/76. Ordinance now in effect. '23/76 C.F.-74-4521 S-2 Wilkinson and Stevenson Require public hearings prior to open- Ing of an adult bookstore which has for sale sexually explicit material; limit the hours of operation. Referred to Police, Fire and Civil Defense. - 19-c - TABLE II. (cont'd.) DATE FILE NO.SPONSOR RECOMMENDATION DISPOSITION 6/25/76 C.F. 74-4521 Wilkinson/ Gibson, Howe11, Braude, Russell/ Hachs, Stevenson/ Bernard!, Farrell, Lorenzen Request City Attorney to draft an ordinance following Young va. American Mini Theaters guide- lines. Referred to Police/ Fire and Civil Defense Commit tees. 6/28/76 C.F. 74-4521 Stevenson, Wacha Preparation of zoning ordinance to prohibit sexual scam joints/ adult bookstores and theaters, nude live entertainment within 500' from a private dwelling, church/ school, public building/ park or recreation center, of within 1000' of each other, to be retroactive, priority to the oldest establishments. Referred to Police, Fire and Civil Defense Commit teas. 7/13/76 C.F. 74-4521 Wilkinson Instruct the City Planning Department to prepare a report to the City Council regarding the extent of any possible degradation of neighborhoods in LOB Angeles due to concen- tration of adult entertainment establishments. Consolidation of above cases.^ After approval t full Council assigned to Planning Department with the cooperation of other involved agencies. 3/15/77 C.F. 74-1969 Police, Fire and Civil Defense Committee recommendation to amend Sections 103.101, 103.101, 1 of the Municipal Code - (A revised ordinance to regulate arcades). Adopted by full Council. i/5/77 C.F. 77-860 S-49 File not available for review. Support state legislation pro- viding specific penalties for use of minors for pornography. /11/77 C.F. 77-1997 File not. available for review. Regarding prostitution enforce- ment laws. - 19-d - IV. METHODOLOGY AND ANALYSIS Methodology In complying with the City Council's instructions, the Department has utilized various available data sources, including property assessment data, U. S. Census data, and obtained other information germane to the subject in an effort to determine; on an ampir ica 1 bas is, the effects (if any) of adult entertainment facilities on surrounding business and other properties. The Department also reviewed sales data of commercial and residential property in areas containing concentrations of adult entertainment businesses and in "control areas" containing no such concentrations. The staff also attempted to secure information on the sales volume of commmercial properties, but was unable to obtain this information. ' It should be emphasized that, in conducting this study., every effort was made by the Department to preclude the introduction of subjec- tive judgment or other bias, except where the opinions of other individuals or groups were specifically solicited.* It was the Department's intent to base any conclusions entirely on relevant data and other factual information which became available during the course of conducting the study. The procedure employed by the Department involved the following areas of emphasis: in conducting this study 1.A measure of the change from 1970-76 in assessed "market value" of land and improvements for the property occupied by and within an appropriate radius of five known "clusters" (nodes) of "adult entertainment" businesses. An identical measure of four "control areas" without concentrat ions of adult entertainment businesses was also made to determine if a significant difference in the rate of change in assessment values occurred in such areas between 1970 and 1S76. Comparisons were also made with the entire community in which the concentration nodes were located. 2.An analysis of responses received from a mail questionnaire conducted by the Planning Department; survey Expert opinions were requested from realtors, realty boards, appraisers and lenders through letters and questionnaires. The Department also sent letters to local members of the American Sociological Association requesting their assistance in this study. . Their replies were limited in number and not significant in terms of this study. -20- 3. Review of available data from the U.S. censuses of !£50 and 1970, including the results of a "cluster analysis" and description of Hollywood based on such analysis prepared by the City's Community Analysis Bureau; 4. An analysis of verbal and written testimony obtained at two public meetings on this subject conducted on April 27 and 28, 1977 by representatives of the City P-anning Commission; 5. A review of various approaches to the regulation of "adult entertainment" businesses, including legislation enacted by other jurisdictions; 6. An analysis of alternate forms of control,, including existing Municipal Code provisions relative to this general subject; 7. A discussion of earlier efforts of the City to control adult entertainment in Los Angeles; and 8. A presentation of the Los Angeles City Police Department's report dealing with crime statistics and their relation to "adult entertainment" businesses in Hollywood. 9. The actual "last sales price" of commercial and residential properties in areas containing concentrations of "adult entertainment11 businesses were compared with the assessed values of property in such areas. The results v/cre than compared with "control areas" containing no concentration of such businesses. (It was found that tfxa actual sales prices tended to parallel assessed values and that in other cases the comparison was inconclusive. No further discussion of this aspect of the study is contained herein.) 10. In an attempt to determine any possible effects of "adult entertainment establishments" on business sales volume, the Department reviewed sales data from a Oun and Bradstrect computer tape file for the years 1970 and 1576. However, this source of date could not be used since it did not contain directly comparable information for the two years indicated. (A substantial change in the number of member .firms listsd apparently occurred after .1970.) In addition, the Department requested sales information from the City Clerk's Business License File. The City Clerk advised that the generation of the information requested would require J.OO man-days of work: consequently their information could not be obtained within the time constraints for completion of the study. -21- Items 5, 6, and 7, above, are~the subject of Section III of this report, entitled "Methods Currently Used to Regulate Adult Entertainment Business", The Police Department's report is discussed herein as Section V. The Planning Department's analysis of topics 1 through 4 is described in detail, below. A. CHANGES IN ASSESSED VALUATION BETWEEN 1970-76 IN FIVE SEPARATE AREAS CONTAINING HIGH CONCENTRATIONS OF ADULT ENTERTAINMENT BUSINESSES In order t& determine if there has been a significant change in assessed property values which may have been influenced by the proliferation of "adult entertainment" businesses, the Department has calculated the change in the assessed value of land and improvements for properties occupied by, and located within, a 1,000 to 1,300 foot radius of known concentrations of adult entertainment businesses. Five such areas were selected for analysis, as described below. The year 1970 was selected as the base period because of the availability of data for that year, and since that point in time corresponds approximately with the beginning of the proliferation of adult entertainment businesses in Los Angeles. The percentage change in the assessed "market" value of land and improvements for commercial and residential properties was calculated for the 1970 base year and for 1976. 'Similar calculations covering the same time period were also prepared for "control areas" (containing no concentration of adult entertainment businesses) but which were similar, in terms of zoning and land use, or which were located in geographical proximity to the study area nodes. Four such control areas were selected. 1. Study end Control Areas On the basis of field invesigations and other available data, the Department determined that there are five different areas within the City suitable for analysis, each containing a relatively high concentration of adult entertainment establishments. As shown in Exhibits "A" and "8" on the following pages, three 'of these concentrations (or "nodes" of activity) are located in Hollywood; one is in Studio City; and one is in North Hollywood. In each case, the focal point of the area .selected for analysis was the intersection of two major streets, with the adult entertainment businesses located along the commercially zoned frontage of one or both of the streets forming the intersection. In four of the five areas selected, resi'dent ial ly zoned and developed properties are situated not farther than one-half block from the commercially-zoned f_rontage. (One node in Hollywood is entirely surrounded by commercial properties.) -22- exMIU|T_A I.^PykLENIERTAINMENT STUDYl Cfhi'Ji TRACTS CENTRAL'citYl oooKsnes/AHCAoe 'THBATcflSI :ADULT MOTELS' - 22-n I'MASSACC PARUORS BOOKSTORCS/AH CADIS ITMeATSRS . • IADULT MOTELS <2h ,000 2,000 rr. T ft A TIO M Although Main Street in downtown Los Angeles contains a relatively high concentration of sex-oriented businesses (primarily theaters, arcades and bookstores)/ this area was not selected for analysis since no residential properties are located in proximity thereto. In addition, Main Street has traditionally contained burlesque theaters, arcades, bars and similar types of establishments, and there has been no significant change in this generalized pattern of land use during the past ten years. In the Hollywood area, the fecal points of 'concentration are at the following three intersections: Santa Monica Boulevard and Western Avenue (containing 12 such businesses); Hollywood Boulevard and Western Avenue (9 such businesses); and Solmna Avenue and Cahauenga Boulevard (containing 7 such businesses). In Studio City, the focal point is east of the ma.in intersection of Tujunga Avenue and Vineland Avenue (at Eureka Drive) which contains six adult entertainment businesses; and in North Hollywood the focus of concentration is at Lankershira Boulevard and Vineland Avenue (containing 4 such businesses) In the Hollywood area, property within an approximate 1,000-foot radius of the above named intesoctions was included for purposes of analysis. In Studio City it was appropriate to include those properties situated within an approximate 1,500 foot radius of the intersection of Eureka Drive; in North Hollywood, property within an approximate 1,500 foot radius of the intersection of Lankershira Boulevard and Vineland Avenue was selected for analysis. -23- As also shown in Exhibit "A", three separate "control areas" were established in Hollywood, each originating at the intersection of two major streets and also encompassing all property within an approximate 1,000-foot radius of the street intersection. Control areas were established at: Santa Monica Boulevard and Vermont Avenue; Hollywood Boulevard and Highland Avenue; and Hollywood Boulevard and Gower Street. In the San Fernando Valley, Exhibit "-8" indicates o*ne control area, centered at the intersection of Lankershira Boulevard and Whipple Street, and encompassing property within a radius of approximately 1,500 feet of that intesection, relates to the two nodes of concentration in Studio City and North Hollywood. None of the control areas has adult entertainment businesses within its boundaries, with the exception of the area surrounding the intersection of Hollywood Boulevard and Gower Street which contains one such business. Table IV, indicates tho percentage change in assessed land and improvement value from July 1970 to July 1976 for the commercial and residential property encompassed by the applicable radius surrounding each of the five nodes of concentration, together with their corresponding control areas. For purposes of comparison, the same data is shown for the entire City and for the Community within which the study areas are located. Since concentrations of adult entertainment businesses could have a particular effect on the value of other business properties in an area, a separate tabulation is also shown for only commercial 1 y zoned land within each study and control area. {Tab le fV-A.j As indicated in Table IV, the 1970-76 percentage change in total assessed "market" valuation of commercially and residentially zoned property (land plus improvements) i n c r e a s e d in all three areas in Hollywood containing concentrations of adult entertainment businesses. However, there was some variance in the magnitude of the increase. Changes in the three study area nodes were 2.79, 8.71, and 3.41 percent; compared with increases in the three corresponding contro'l area of 12.53, 1.94, and 5.09 percent, respectively. The study area node located at Santa Monica Boulevard and Western Avenue increased by 2.79 percent, compared with a substantially greater increase of 12.53 percent in the "control area" associated with that node. Total assessed value within the study area surrounding the intersection of Selma Avenue and Cahuenga Boulevard increased by 3.41 percent while the associated control area increased by the slightly greater amcunt of 5.09 percent. In direct contrast to this pattern, however, the Hollywood and Western node registered an 8.71 percent increase, while its corresponding control area increased by only 1.94 percent. -24- IV 1970-76 Changes in Assessed Valuation of Commercial and Residential Land and Improvements for Five Areas Containing Concentration of Adult Entertainment Businesses, as Compared With "Control" Areas, Surrounding Community, and City of Loa Angdles. Property Within Approximate 1/000 to 1,800 Foot Radius of Intersection of Streets Shown: No. of Entertainment "Sites" 1969-70 June 1977 Percentage Change in Assessed Valuation 1970-76 Land Improvements Total 1 Santa Monica Boulevard and Western Avenue (Hollywood) Santa Monica Boulevard and Vermont Avenue (Hollywood Control Area) Hollywood Boulevard and Western Avenue (Hollywood) Hollywood Boulevard and Highland Avenue (Hollywood Control Area) Selma Avenue and Cahuenga Boulevard (Hollywood) Hollywood Boulevard and Gower Street (Hollywood Control Area) Hollywood Community City of Los Angeles Tujunga Avenue and Ventura Boulevard (Studio City) Lankershim Boulevard and Vineland 6 N.A. 6 N.A. 4 N.A. N.A. N.A. '1 2 12 0 9 0 7 1 31 N.A. 6 4 -0.22 -4.84 3.51 ' 19.32 21.12 17.76 21.20 35.08 67.11 15.88 5.81 32.66 13.21 -7.83 -12.54 -8.61 32.72 38.92 63.10 9.65 2.79 12.53 8.71 1.94 3.41 5.09 27.00 37.15 64.93 12.61Avenue (North Hollywood) - 24-a - TABLE IV (cont'd.) Property Within Approximate 1,000 to 1,800 Foot Radius of Intersection of Streets Shown; Lankershim Boulevard and Whippla Street (Valley Control Area) Sherman Oaks-Studio City Community North Hollywood Community City'of Los Angeles No. of Entertainment "Sites" 1969-70 June 1977 N.A. N.A. N.A. N.A. 10 5 212 Percentage Change in Assessed Valuation 1970-76 Land Improvements Total 62.28 69.25 28.59 35.08 27.66 60.44 33.15 38.92 42.76 64.33 31.07 37.15 - 24-b - TABLE IV-A 1970-76 Changes in Assessed Valuation of Commercially Zoned Land and Improvements for Five Areas Containing Concentration of Adult Entertainment Businesses as Compared With Commercially Zoned Land in "Control Areas", Surrounding Community, and City of Los Angeles. Property Within Approximate 1,000 to 1,800 Foot'Radius of Intersection of Streets Shown: No. of Entertainment "Sites" 1969-70 June 1977 Percentage Change in Assessed Valuation 1970-76 Land Improvements Total Santa Monica Boulevard and Western Avenue (Hollywood) Santa Monica Boulevard and Vermont Avenue (Hollywood Control Area) Hollywood Boulevard and Western Avenue (Hollywood) Hollywood Boulevard and Highland Avenue (Hollywood Control Area) Selma Avenue and Cahuenga Boulevard (Hollywood) Hollywood Boulevard and Gower Street (Hollywood Control Area) Hollywood Community City of Los Angeles Tujunga Avenue and Ventura Boulevard (Studio City) Lankershim Boulevard and Vlneland Avenue (North Hollywood) 6 N.A. 6 N.A. ' 4 N.A. N.A. N.A. 1 2 12 0 9 0 7 0 31 212 6 4 -0. -12. -2. 25. 21. 17. 13. 12. 19. -0. 47 53 52 01 93 07 43 27 24 76 8. 4. -0. -11. -18. -17. -1. . 13. 25. 3. 53 13 45 19 79 22 51 52 63 91 3 -6 -1 4 0 1 6 12 21 1 .4 .30 .77 .06 .54 .09 .70 .93 .9 .92 - 24-c - Property Within Approximate 1,000 to 1,800 Foot Radius of Intersection of Streats Shown: Lankerahim Boulevard and Whipple Street (Valley Control Area) TABLE IV-A (cont'd.) No. of Entertainment "Sites" 1969-70 June 1977 Percentage Change in Assessed Valuation 1970-76 Land Improvements Total N.A.0 02.20 -6.35 27.16 Studio City Community North Hollywood Community City of Los Angeles N.A. N.A. N.A. 10 5 212 30.95 2.74 12.27 13.01 7.56 13.52 22.02 5.21 12.93 Sources/Notes _- Table'sIV and IV-A» Actual assessment data from which percentage changes in Tables IV and IV-A were derived ia shown in Appendix A. Assessment data was obtained from the City's Land Use Planning and Management System (LUPAMS) computer file. Data is as of July 1 for years shown. "Entertainment Site" means adult theatre, arcade, masaaga parlor, nuda dnnoing •»t«bli«hmant or aimilar uaa. Mumbar of "antartainmenb aitaa" for 1969-70 was obtalnad from L. A. Police Department; for June 1977 from L. A. Police Department and L. A. City Planning Department. N.A. means not available. Property included within areas described is shown in Exhibits A and B. - 24-d - The percentage increase in assessed values within the t.Mree study areas.. as wall as the control areas, was considerably less in each case than percentage gains registered by the Hollywood Community or the City as a whole. In the case of the study area nodes located in the Sen Fernando Valley, the pattern appears to ba somewhat more spurious. The study area node containing adult entertainment businesses located in Studio City (centered east of the intersection of Tujunga Avenue and Ventura Boulevard) increased by 64.93 percent — the largest increase of any of the areas analyzed. In direct contrast, the "adult entertainment node" located at Lankershim Boulevard and Vinaland Avenue increased by only 12,61 percent. The one "control area" associated with these two Sin Fernando Valley nodes increased by 42.76 percent -- a substantially greater gain than the North Hollywood node; but 22 percent less than the Studio' City node. (Whether the sharp percentage increase shown for the Studio City node was the direct result of a recent reassessment cannot be readily determined. ) The increase in assessed value within the Studio City study area wes virtually the same as that of the entire Sherman Oaks-Studio City Community but almost twice the percentage gain for commercial and residential properties in the entire City. The' North Hollywood study area increased by a considerably lower percentage than the North Hollywood Community and the City as a whole. With regard to commercial properties considered separately, Table IV-A revea Is that the percentage change in assessed values of land and improvements combined was generally lower in all study areas than in their corresponding control areas. One notable exception, however, is the Santa Monica Boulevard and Western Avenue node which increased by 3.4 percent, while its corresponding control area (Santa Monica and Vermont) decreased by 6.38 percent. In Hollywood the change in assessed values of all study and control areas was lass than in the entire Hollywood Community. In the San" Fernando Valley the two study areas both increased less than the entire communities within which they are situated. Conclusion - Changes in Assessed Valuation On the basis of the foregoing there would seem to be some basis to conclude that the assessed valuation of property within the study areas containing concentrations of adult entertainment businesses have general ly tended to increase to lesser degree than si mi lar _____ ere as without such c o nc a ivt rations. Htwesww^^'fTt^^WS"'"'?1'? S'f'f "H"""^ frMwv^~ **»*<:.*. w <*OiJfcd»a*ft»**i» ..... Mj-HM-i'^'Hresyflfatnyfrgjr^^ f h 4 si, ne s ses. -25- -26- I 8. PUBLIC MEETINGS Two public meetings were conducted by representatives of the ' City Planning Commission in order to receive citizen input i regarding the effects, if any, of concentrations of "adult entertainment" establishments on nearby properties and surrounding neighborhoods. Notice of the hearings was published in local newspapers; aired on radio, mailed to owners of commercial and multiple residential property within 500 ft. radius of the study areas and also to persons who had previously responded to the Department's questionnaire. The first meeting was held in Hollywood on April 27, 1977 at Le Conte Junior High School. The second meeting was conducted in • Northridge on April 28, 1977 at Northridge Junior High School. Both meetings were conducted by Planning Commission President i Suzette Neiman and Planning Commissioner Daniel Garcia, with j Deputy City Attorney Chris Funk also in attendance., Questionnaires were available at the meetings for the convenience of those wishing to submit their comments in writing. Attendance was approximately 200 persons at the Hollywood meeting and 300 persons at the Northridge meeting. A combined total of 60 persons addressed the Commission. The following is a summary of the comments received by the Commission. (Tape recordings of the hearings are available for review • under City Plan Case Number 26475, in the Planning Commission Office, Room 561-K, Los Angeles, City Hall, telephone (2.13) 485-5071.) The most prevalent type of comment at the Hollywood meeting was an expression of fear of walking in areas where "adult entertainment" and related business are concentrated. This concern was expressed both by parents, reluctant to allow their children to be exposed to offensive signs and wares, and by women and elderly persons who feared walking in the areas either in the day or evening, because of the incidence of crime in the I.- area. Specific instances of solicitation and other crimes were:- recited. Some proprietors testified that they fait their businesses have suffered, due to fear on the part of their I customers. Other common statements concerned: Physical or economic deterioration of the area resulting from the influx of adult businesses. An increase in street crime. Offensive signs and displays. A need to use existing enforcement tools; such as "red light abatement" to control "adult entertainment" businesses. -27- Representatives of La Cienega art gallery proprietors expressed concern over the recent establishment of an adult theater in the area and its incompatibility with gallery use. A representative of the "Pussycat Theaters" organization informed the Commission that a survey taken by the theater operators indicated that the majority of patrons were middle class, that most were registered voters, and that many were married and had college educations. It was stated that a large number of the patrons were found to reside within a few miles of their theaters. The representative of this theater chafn expressed concern at the "lumping" of all adult entertainment businesses into one classification. He felt that in terms of aesthetics, clientele, and effect upon the neighborhood, the theaters were not in the same classification as some other types of adult businesses. (The Commission requested the written documentation of the survey; however, it has not been rece i ved to date. ) Several speakers at the Northridge meeting expressed concern that the City even felt it needed to request their opinion on such a subject. They felt that their displeasure over the distribution and display of pornographic materials should be obvious. Citizens also indicated how they had been responsible for the closing of certain establishments in the San Fernando Valley by picketing and other means. Some speakers indicated that they were disturbed by the availability and display of obscene material in drug stores and supermarkets. The following is a summary listing of specific relevant comments from the two meetings: Hollywood Meeting (April 27, 1977) It was alleged that organized crime is in the sex service business and that this is a $64 million local business. Hollywood and particularly Hollywood Boulevard was once a cultural center; now there is a different class of people. This is a degeneration of Hollywood and Hollywood Soulevard. In Hollywood, due to fear for safety, people walk'around in groups, not alone or as couples. Zoning is not the ultimate response to obscenity: there are public nuisance laws, red light abatement statutes, etc. There was concern about the effects on children; parents in Hollywood indicated that they did not allow their children to walk unescorted: there are too many muggings and attacks. There are problems brought on by the changing population of the area: street fights, acts of mischief and minor property damages have resulted. -23- A local minister indicated concern for the elderly, and that children from 4 to 7 years eld cannot ride their bikas without being accosted; he also indicated there had bean 23 arrests for prostitution near a local elementary school; he further stated that residents have to go to other areas to shop. A representative of a local synagogue stated that the elderly were afraid to walk to religious services and that car pooling had bean established. A representative of the Hollywood Businessmen's Association advised that 50 percent of the sex crimes reported (in the City) were in the Hollywood area; that since the Police have closed some sex establishments crime has dropped; that adult entertainment businesses have contributed to a deteriorating condition in Hollywood; that there is a 100 percent turnover in school attendance; that the business license ordinance should be modified to • require an environmental impact report and proper sign controls for new establishments and that notice should be given to persons within one-half mile; he also reiterated that traditional businesses were leaving the area. It was indicated that property values had gone down; Vine and Selma was valued at S12.50 per sq. ft. years ago, but recently it was worth only $8.50 per sq. ft. Northridge Meeting (April 28, 1977) A representative of the North Hollywood Chamber of Commerce ind-icated that adult entertainment businesses were an economic.and social blight; that the Police Commission was no help; that they had proposed the M3 Zone for these uses; that we need more police and should make greater use of red light abatement; that the Alcoholic Beverage Control Department should do more. Claims were made that the Pussycat Theater in North Hollywood was a dangerous environment to women and children; that in the recent past 2 teenage girls had been accosted and a woman had been attacked and had to j.ump from a car. A beauty shop owner near a Pussycat Theater indicated she no longer stayed open in the evening because her customers were afraid. Adult entertainment businesses should be required to rent space in "Class A" buildings. Various persons objected to newsracks, obscene material, problems of congestion and ingress and egress. -30- The Miller vs. California court case was discussed: it was contended that this case established that "a community can set its own standards". Questions were posed as to whether economic and financial impact should be facts needed to develop an ordinance to control adult entertainment. Claims were made that adult entertainment business bring crimes and violence to the area. A speaker stated that both the Boston and the Detroit ordinances are unacceptable. "You cannot control pornography by zoning", and opposition to the zoning approach to obscenity was expressed. "California is the pornographic capital of the world." People are offended by pornographic material in department stores, drug stores, supermarkets, etc. The recent Los Angeles County newsrack ordinance was discussed. One person posed the question "why don't we have an Environmental Impact Report for pornographic businesses?" Church representatives and a teacher at the Christian School were concerned about their members and children being exposed to pornographic advertising displayed at the Lankershim Theater and Pussycat Theater. They are afraid to let their children out on the streets. It was stated that "we should use civil, public nuisance and red light abatement to control adult entertainment businesses." Conclus ion In summary, the overwhelming majority of speakers felt that the concentration of "adult entertainment" businesses in their neighborhood was detrimental, either physically by creating blight or economically by decreasing patronage of traditional businesses; or socially by attracting crime. As a result of increased crime, nearby residents have become fearful- and have been forced to constrain their customary living habits in the commun i ty. Although the testimony obtained at the public hearings would from a subjective point of view, substantiate the conclusion that "adult entertainment" businesses have a deleterious effect on the surrounding community, the staff is of the opinion that legitimate questions may have been posed by the Pussycat Theater- representative regarding a single classification for all "adult entertainment" uses. There would appear to be some basis to support the contention that certain types of such uses are more "objectionable" than others, and that negative effects of a particular type of business might be minimized, depending on how the business is operated and advertised. -31- C. SURVEY QUESTIONNAIRE CONDUCTED BY DEPARTMENT OF CITY PLANNING I -• Description of Survey In order to determine additional factual data relating to the subject, and to seek the comments and opinions of I property owners, businessmen, realtors, real estate boards, ' real estate appraisers; representatives of banks-. Chambers of Commerce., and others, the Department conducted a mail j survey. Two questionnaires were developed. One w<is | designed primarily for businessmen and residential property owners and is hereinafter referred to as the General ; Questionnaire. The second was designed for realtors, real I estate appraisers and lenders and is hereinafter referred to as the Appraiser Questionnaire. A copy of tha two questionnaires is contained in the Appendix. The completed questionnaires, together with other letters relative -to this subject- are on file in Room 510, Los Angeles City Hall . I The General Questionnaire was mailed to all property owners (of other than property in single-family use) within a 500-foot radius of each of the five study areas. The questionnaire was also distributed to various community groups (including local and area Chambers of Commerce) and at the public meeting 1n Hollywood and in Northridge. The Appraiser Questionnaire was mailed to all members of the American Institute of Real Estate Appraisers having a i Los Angeles City address and to members of the California ! Association of Realtors whose office is located in the vicinity of the study areas. I Each of" the two questionnaires contained spaces for a respondent to check answers to a series of questions relating to the overall effect (if any) of adult [.-.; • entertainment establishments on nearby properties. It i should be emphasized that the Department intentionally structured the "objective response" portion of the j questionnaires so as* to reduce "bias" and to solicit the ' maximum range of responses to any -specific question. For example, a respondent could check "positive", "negative" or "no effect" In response to the question... "What overall effect do you fael that adult entertainment establish- ments have on a neighborhood?" In addition to the direct response portion of the questionnaire, information of a more subjective nature was also solicited. For example, after each question.. space was provided for a respondent to list any comments or examples which might -pertain to a specific question. The beginning of each questionnaire also invitad the respondent to write comments in the space provided or on a sap,?.rat2 sheet. -32- .Betw-een-february 10 and April 30, 19770 a total of approxi- mately 4»000 questionnai re-s were mailed (with return en-ve-1-opes provided) or otherwise distributed to businessmen. real -estate appraisers. re-:.ltcrs;reprasentatrives of banks and savings and loan institutions, the owners of multiple-unit residential property. and others. Of th is -ntunber, 694 quest ionnatres were completed and returned to the rate- o-f return) . Department (an overall 17.4 percent c : t a d. S t u d to private mailing In~ addition., the Department recei-ved 1.97 non-so completed questionnaires from property owners in City. These questionnaires were distributed in a ma i 1 i ng .by"a'privcte individual. The subject included a repl.ica of the Department's appraiser questionnaire., together'with written material alleging City intent to create an adult entertainnrent Z'one in Studio City .(copy fncluded as Appendix' 0-2). According to the subject individual's testimony at the public hearing on April 27, 1977, 11.000 replica questionnaires were" mailed. Due to the prejudicial nature of the mailing,, these questionnaires are not included in the study. However, tabulate the. subject responses and the summary are included in-'Appendix 0-3. responding to the above mailing were sent a '•Department; correcting the misi nf ormat i.an (copy included in Appendix D-l). 2. Resu-Hs of Survey Questionnaires A tabulation of the responses to the specific questions solicited in the objective portion in each of the two types of questionnaries is presented below. A summary of the comments follows: GENERAL QUESTIONNAIRE - RESPONSES'- the staff did tabulation and All persons memo from the Total no. of.responses • Totalno~.of questionnaires 581 = 16% return Quest ion What overall affect do you feel that adult entertainment establishments have had on a neighborhood: Pos i t i ve Effect on the business condition (salas & profits) in the area: 43(7.4%) Effect on -homes (value & appearance) in the aroa immediately adjacent to adult entertainment businesses: 37(5.9%) Negative 452(84.7%) No effect 36(6.23) 472(81.2%) 26(4.5%) -33- Effect on homes (value & appearance) in the area located 500 feet or more from adult entertainment businesses? 2.t Do you believe the establishment of adult entertainment facili- ties in the vicinity of your business has had any of the following effects? (Please check al 1 those effects which you feel have occurred.) Positive 35(6.0%) Negat iye 446(76.8%) Me effect 19(3.3%) 26 (4.5%) no effect 206 (35.5%)lower rents 275 (47.3*)vacant businesses 288 (49.6%) tenants moving out 224 (38.6%) complaints from customers 3 ( - ) less crime 305 (52.5%) decreased property values 13 (2.2%) increased property values 370 (63.7%) more crime 1_ ( - ) improved neighborhood appearance 16 (2.8%) lower taxes 98 (16.9%) higher taxes 489 (84.2%) decreased .business activity (1.4%) increased bus iness 416 (71.6%}deteriOrated 312 (53.7%) more neighborhood litter appearance 8 (1.4%) other (please specify) 3. (Not applicable for tally.) 4. Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? 167 (28.7%) Yes 165 (28.4%) No 5. Would you consider expanding in your current location? 83 (14.3%) Yes 177 (30.5%) No -34- What types of adult 410 (70 6*1 ^,,ifentertainment — (/0'6^ *du't JL79 (30.8%) nude or establishments are bookstores topless dancing there in your area 31D (si A*\ (Please check — (53'4%) mas^e 389 (67.0%) adult Appropriate boxes.) parlors theatres 190 (32.7%) peep shows 240 (41.3%) adult motels trim your businessadult • other sex shops - 35 - Responses to the foregoing questions reveal that adult entertainment businesses are perceived by the majority of respondents as exerting a negative impact on surrounding businesses . and residential properties. Whether or not such negative impacts have Actual ly occurred., or only perceived to have occurred, cannot be readily determined, empirically, on the basis of this survay. However, in terms of the attitudes of the respondents toward sucn businesses, the conclusion must be drawn that the overall effect on surrounding properties is considered to be negative. Among the adverse effects of adult entertainment establishments cited by businessmen are: Difficulty in renting office space Difficulty in keeping desirable tenants Difficulty in recruiting employees Limits hours of operation (evening hours) Deters patronage from women and families; general reduced patronage Of those businessmen indicating that they have not seriously considered moving because of nearby concentrations of adult entertainment business, the most frequent response was that they had been in the area a great many yaars, and to establish elsewhere would be too risky and/or that their investment was too great to move. A few respondents indicated that it is the adult entertainment businesses that should move, not they. The few businessmen commenting that they would not consider expanding in their current location indicated that their business did not warrant expansion.' Several businessmen indicated that their businesses are relatively unaffected by nearly adu1t entertainment establishments. Among the businesses cited are a- commercial art studio; a building trades contractor; a mail order business; a telephone answering service and a wholesaler. Among the few positive effects cited by businessmen is the increase in business for certain non-adult entertainment businesses such as tourist-serving businesses (e.g. car rental agencies). "The bad effect it might have is cancelled out by the business it does attract; x-rated theaters attract tourists." Many respondents commented on . the crimes associated with adult entertainment e~stdb 1 ishments: prostitution, dope, theft, robbery, etc. A high percentage of respondents report they do not feel safe in such areas. A high percentage of respondents commented on their concern for the effects of adult entertainment environment on the morals and safety of children. A high percentage of respondents commented on the aesthetics of adult entertainment establishments: garish, slaazy; shabby, blighted, tasteless, etc. Also, many commented on the increased incidence of litter and graffiti. -37- APi-nAISER QUESTIONNAIRE - RESPONSE^ - i 'Total no. of responses = Total no. of questionnair-e.s 81 20% return Question ' 4 What--effect _d.oes the concentration of adult entertainment esta-bl ishment-s have on the market value of business property (land, structures, fixtures, etc.) located in the vicinity of such establishments? What effect does the concentration of adult entertainment establishments' have on the rental value of business property located in the vicinity of such establishments? What effect does the concentration of adult entertainment establishments have on the rentabil i ty/saleabi1ity of business property located in the vicinity (length of time required to rent or sell property; rate of lessee/ buyer turnover; conditions of sale or lease, etc.)? What effect does the concentration of adult entertainment establishments have on the annual income of businesses located in the vicinity of such establishments? Have any business owners or proprietors considered relocatfng or not expanding their businesses because of the nearby concentration of adult ente'rta-i-nment establishments? In recent ye-ars, has' the commercial vitality (sales, profits, etc.) of any area in the City of Los Angeles been affected in any way by the nearby concentration of adult entertainment establishments? Response increase in value 1 ( - ) decrease in value 71 (87.7%) no effect 5 (6.2%) increase in value 1 ( - ) decrease in value 55 (67.9%) no effect- - 4_(4..9%) increase in rentability/ saleability : 3 (3.7%) 'decrease in rentafcn 1ity/ saleabil.ity 48 (59.3%) no- effect'3-(3.7%) increased income 2 (2.5%) decreased income 59 (72-8%) no effect 7_(8.6%) yes. 23 (28.4%) no 4_ (4.9%t not known 28 (34.6XT yes 45 (55.6%y no- 29 (35.8%T not known - - 7. What effect does the concentration of adult entertainment establishments have on the market value of private Less 500 More 8. residences located within the following distances from such establishments? Increase Decrease than 500 feet 2 (3.8%) 48 (90.6%) - 1000 feet 2 (3.6%) 51 (91.1%) than 1000' feet 1 (3%) 29 (87.9%) What effect does the concentration of adult entertainment establishments have on the rental value of residential income property located within the fallowing distances from such establ ishments? Increase Decrease Less, than 500:feet 2 (3.4%) 51 "(87. 9%) 500 More 9. Less 500 More 10. - 1000 feet 1 (2.6%) 33 (86.8%) than 1000 feet 1 (2.8%) 27 (75%) What effect does the concentration of adult entertainment establishments have on the rentabili ty/saleabi 1 i ty of residential property located within the following distances from such establish- ments? Increase 'Decrease . x than 500 feet 1 (2.5%) 37 (92. .5%) - 1000 feet 1 (2.6%.) . 35 (89.7%) than 1000 feet 1 (2.8%) 28 (77.8%) In regard to the questions setforth above, p effects which you believe the concen entertainment business has on each of the fol Property values of surrounding: No effect 3 (5.7%) 3 (5.4%) 3 (9.1%) No effect 5 (8.6%) 4 (10.5%) 8 (22.2%) No effect 2 (5%) 3 (7.7%) 7 (19.1%) lease descri trat ion of 1 owi ng : Total 53 56 33 Total 58 3ff 35 Total 40 39 36 be the adult Decrease Unknown No effect Increase Commercial property 45 (56.8%) 32 (39.5%) 1 2 (2.5%) Residential property 42 (51.9*) 33.(46.9%) - 1 General 16 (19.8%) 65 (30.2%) -39- Rental values of surrounding: Decrease No response No effect Increase Commercial property 39 (48.1%) 42 (51.9%) Residential property 37 (45.7%) 44 (54.3*) General 12 (14.82) 69 (85,2%) Vacancies Number 1 56 (69.1%) 1 23 (28.4%) Length 1 72 (88.9%) 2 (2.5%) 5 (7.4%) Rate of tenant turnover - 49 (60.5%) 1 31 (38.3%) Annual business income 24(29.6%) 53 (65.4%) 2 (2.5%) 2 (2.5%) Complaints from customers and residents due to concentration Yes 24(29.6%) 57 (70.4%) Neighborhood appearance 24(29.5%) 3 (3.7%) Crime 11 - 48 (59.3%) Litter 1 1 44 (54.3%) Other (please specify) -40- GENERAL QUESTIONNAIRE - REALTOR RESPONSES - Total no. of responses = 32 NOTE:Due to distribution, certain realtors received the General Questionnaire rather than the Appraiser Questionnaire. For analysis purposes, the subject responses were tabulated separately and analyzed together with the responses to the Appraiser Questionnaire. Question 1. What overall effect do you feel that adult entertainment establishments have had on a neighborhood: Positive Effect on the business condition (sales & profits) in the area: Effect on homes (value & appearance) in the area immediately adjacent to adult entertainment businesses: Effect on homes (value & appearance) in the area located 500 feet or more from adult entertainment businesses: Negat i ve 31 (97%) 31 (97%) 29 (91%) No effect Do you be!ieve the establishment of adult entertainment facilities in the vicinity of your business has had any of the following effects? (Please check all those effects which you feel have occurred.) 1 (31.3%) no effect 23 (71.9%) lower rents 25 (70%) vacant bus inesses 25 (70%) tenants mov ing out 29 (91%) decreased property values increased property values 3 (9.4%) lower taxes 25 (70%) complaints 7 (21.9%)higher taxes from customers 0 less crime 23 (91%) decreased business act i vi ty 26 (81.3%)more crime 0 increased business -42- I . 3 4 30 (94%) deteriorated ne i ghborhood appearance 27 (84%) more litter Other (please specify) (Not applicable for tally.) Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? 10 (31.3%) Yes 15 (46.9%) Ho Would you consider expanding in your curren-t location? 10 (31.3*) Yes What types of adult entertainment estab- lishments are there in your area? (Please check appropri ate boxes .) 12 (37.5%) No 27 (84.4%) adult bookstores 17 (53.1%) massage parlors 15 (46.9%) peep shows 13 (40.6%) nude or topless dancing 24 (75%) adult theatres 15 (46.9%) adult mote 1 s 12 (37.5%) bars with X-rated entertainment How far from your business is the nearest adult entertainment establi shment? (Not tabulated due to limited response.) 0. U.S. CENSUS AND RELATED DATA 1. Cluster Analysis "Used by Community Analysis Bureau to Describe Various Parts of the City" The last U.S. Decennial Censu:; was conducted on April I, 1970. With the proliferation of adult entertainment business it would seem appropriate to fncludo as background information a description of the socio-economic and physical characteristics of the areas under study, as revealed by census data. Such c description • ney provide insight as to the underlying factors contr ibut i ncj to the concentration of sex-oriented business in the are^s undar study. An excellent available source providing such a description is a 1S74 report prepared by the City's Community Analysis Bureau (CAB) concerning the""State of the City".* In this document, the CAB has utilized a statistical technique known as "cluster analysis11 to identify specific areas within the City which .have common characteristiesv as revealed by census data. In conducting this study, tha CAB made use of 66 census date items (or variables) which were selected from the entire spectrum of socio-economic and physically descriptive data- items available for all census tracts in the City. The U.S. Census Bureau reports data on numerous geographical levels, the "census tract" being the smallest geographical area for which data is maintained and reported on a regular basis. There are 750 such census tract areas- in the City, each containing a population of slightly fewer than 4,000 persons, on the average. The five study area nodes and four control areas under study herein are contained within portions of 25 census tracts. The particular variables' which most accurately describe s. particular census tract were used by the Community Analysis Bureau in such a manner as to combine those areas which have the most similar characteristics. As a result of this procedure, thirty .cluster groups were established throughout the Ci-ty, each such cluster consisting of one or more census tracts, each census tract within a particular cluster being more similar to other parts of that' cluster than to any other geographical section of the City. The State of the City - A Cluster Analysis of Los Angeles - City of Los Angeles Community Analysis Bureau,June1974.~ Description of-Hoi lywood Area " • The three study areas in Hollywood containing concentrations of adult entertainment businesses are incl'uded within portions of 11 census tracts. Their three associated "control areas" are partially contained within nine census tracts. These 20 tracts are all included within-a- larger area identified in the CAB's report as "Cluster 15", entitled "The Apartment Dwellers", consisting of 34 tracts. A .description of this area, as quoted from the previously cited CAB report, is set forth below.. The fact that this description is based on data which is now seven years old may not be disadvantageous, for the purposes of this study, inasmuch as adult entertrai-rrment businesses began tc flourish in the 3.962-70 period. " Cluster 15 is a lower income, predominately- old apartment area located west of the Civic Center..." "The cluster represents a total population of 174-,000, 46% male and 54% female. The median aga is 40. The area is mostly White, but dees have an above average ethnic mix--lS% Spanish-American, 3% Japanese, 2% Chinese, 3% Black. It is a cluster of workers a-nd senior citizens. One in five residents is over 65. Female participation in the labor force is the highe-st of the 30 clusters. The population under 18 is small. Many of the families are headed by women..":""" "...Close to seven out of ten labor active resfdeuts are white collar employed. Most - completed high school and 15% completed college. At $8,700, median family income is below the average for the City. This- -lower income does not translate into an abnormally high poverty distribution.-. One in ten families and a smaller proportion of unrelated individuals are welfare recipients..." "...Residents of the cluster are'centrally located to both the Downtown and its cotnmerc i a 1-f inane i al strip extension, Wils'hire Boulevard. Many public transit routes service the area. Close to 40% of the" households have no automobile. The presence -of two or more cars is not common. .Of .the older apartment complexes many have no garage facilities..." -45- "...Old apartments comprise 42* of the multiple units. One of the heaviest concentrations occurs s?.st of Western Avenue and north of Olympic Boulevard. These are high density, closely packed, racUngul ar shaped, stucco units which line the streets approaching Vlilshire Boulevard. South cf Olympic Boulevard, the pattern remains one cf multiple family units, but these are generally interspersed with homes or ara the end product of converted two and three story frame houses. Hollywood is similar, but is has several single family residential areas end apartment encroachment appears to have more of an impact..." "...Most of the cluster's 102,700 dwellings ara renter occupied, including a majority of the homes. Median rent averages $108, but 17% of the multiple dwellings are available for less than $80..." "...Single family residences are a small proportion of the total housing stock and like the area's apartments, many predate World War II. Few cf the essentially single family residential neighborhoods have the kind of zoning protection which requires that new construction be single units. Replacement housing has tended to be large apartments. Homes averaged $26,000 in median value, which is more a factor of the land than the improvements. Much of the land west of Western Avenue adjoins the more expensive Hancock Park area..." "...Cluster 15 has one of the highest population densities in the City, 19,080 persons per square mile, not exceptional for an apartment area. It also has the highest cluster average of elementary school transiency rates--46% for incoming students and 34% for students leaving. This mobility of the residents did not seem to affect the median sixth grade reading score. It was above the City average. The cluster has 8 park sites within its boundary and is also served by the more regional recreation areas of Echo Park, MacArthur Park and Griffith Park all of which are within access..." "...The incidence of burglary per 100 improved parcels is high, a partial reflection of the large number of dwelling units per land parcel. One of the more disturbing aspects of the cluster is the suicide rate. Outside of Downtown, only three of the clusters had higher rates ..." -46.- 2. Use of 1970 Census Data to Describe Studio City and North Hoi lywc'cd Area's " " There are four census tracts which comprise the Studio City study area; two such tracts in North Hollywood; and three ce-nsus tracts representing the "control area" for the San Fernando Valley. (One of the "control area" tracts also forms part of the Studio City study area.) The CAB's cluster analysis reveals that these light different census tracts are all quite dissimilar, inasmuch as the seven tracts are contained within six different "clusters". A detailed description of each of these six clusters would not be practical for purposes of this Study. However, a summary of certain key variables attpibptabi? to ttve two study areas in Studio City and north Hollywood, and tfi§ one corresponding control area might be instryetive, and is therefore presented .in Table V • following. For purposes of comparison, the data is also shown for the City, as a whole- -47- TABLE V Comparison of 24 Variables from 1970 Census Describing Studio City and North Hollywood Modes and Corresponding Control Area VARIABLES Population AREAS AND VALUES Studic City North Hollywood Control (Tujunga 4 (Lankershim & Ventura) Vineland) Population per sq. mile 5,742 2 Persons 0-17 18.4 % Persons 65+ 10.6 % White (non-Spanish) 92.0 % Black 0 % Spanish-American 6.5 % Families w/female head 10.6 Education % High School dropouts, 25 & older 22.1 % 25+ who have finished 4+ years college 22.0 Economics pproximate median family income $15,672 % White collar employed 80.4 £ unemployed 7.8 % families in poverty 3.7 X families receiving H welfare 4.3 % 1-unit structures 50.6 Approximate median value, owner occupied units $39,141 Approximate median monthly rent, renter occupied units $ 135 i of owner occupied, 1 unit, structures built before 1940 24.1 % of renter occupied, 2+ unit structures built before 1940 10.9 (Lankershim 5, Vlhipple) Entire City 8,265 18. 17.3 85.3 0 13.7 16.4 38.6 10.2 S 9,471 60.6 6.1 10.0 7.6 48.9 $25,335 $ 123 52.4 13.9 5,893 16.7 15.2 90.7 0 7.7 16.4 25.3 18.3 $12,575 $35,530 129 52.2 21.8 .6,041 30.2 10.1 60.3 17.2 18.4 16.2 38.1 13.S $10,535 77.3 9.1 6.6 4.7 34.2 57.4 7.0 9.9 9.9 51.7 $26,700 107 28.5 30.7 -48- TABLE V (ccnt'd) Comparison of 24 Variables from 1970 Census Describing Studio City and N.orth Hollywood Modes and Corresponding Control Area VARIABLES AREAS- AND VALUES Studio City North Hollywood Control (Tujunga i (Lankershim & (Lankershim Entire Crime Rates Ventura) Vineland) & Mhipple) City Assaults per 100 population .465 .374 ~ .478 .857 Robberies per 100 population .172 .267 .170 .^-\ Burglary per 100 improved parcels 13.86 10.94 13.5 14.96 Total Arrests per 100 population 4.23 4.26 4.10 8.26 Narcotic Arrests per 100 population aged 14-44 2.66 1.39 1.60 2.04 On the basis of the foregoing 1970 Census data, it is possible to develop a general description of the two study area modes containing adult entertainment businesses in the Valley. As indicated above, such a description must necessarily be based on data applying to entire census tracts, even through the study areas may encompass only portions of tracts. • Residents of the Studio City study area node in 1970 were predominantly an upper middle income group, with a relatively high percentage of college graduates. High school dropouts were considerably below the citywide norm. Eight out of ten employed persons were in "white collar" jobs. The percentage of families receiving welfare or in poverty status was considerably below the citywide percentage. The unemployment rate was slightly higher than that of the entire city. The median value 'of owner occupied homes in the Studio City area was more than $12,400 higher than the City median. About one-half of the housing units were one-unit structures. Apartment rental rates were also higher than the city as a whole. The percentage of one-unit, owner occupied housing units built before 1940 (24.1 percent) approached the citywide median of 28.5 percent. With regard to crime statistics (as of 1970), robberies per 100 population in the Studio City area were below the rate for the city as a whole (.172 and .454, respectively), although the number of burglaries per 100 improved parcels (13.86) was close to the citywide rate of 14.96. Total arrests per 100 population (4.23) were about one-half of the 8.26 rats which prevailed citywide. ..-49- The North Hollywood study area contrasts rather sharply with the above described STudio City area. In North Hollywood, median family income was 59,471 in 1970--1ower than the citywide median of $10,535-~and considerably lower than the $15,672 median income of residents in tha Studio City study area. Sixty-one percent of employed persons were in "white cellar" jobs in North Hollywood, compared with 80 percent in Studio City and 57 percent in the entire city. The percentage of families in a poverty status in North Hollywood was considerably higher than in Studio City (10.0 percent end 3.7 percent, respectively). The percent of families in North Hollywood receiving welfare was higher than in Studio City, but lower than in the entire city. Unemployment rates, however, were lower in North Hollywod than in Studio City and the entire City. Housing values were considerably lower in North Hollywood than in Studio City, and slightly lower than average values throughout the entire city. Median montly rents were lower in North Hollywood than in Studio City but higher than in all of Los Angeles. Of all owner-occupied one-unit structures, 52.4 percent were built prior to 1S40 in the North Hollywood study area, compared with only 28.5 percent in the entire city. Single-family homes in North" Hollywood are older than in Studio City. As revealed in Table V, 1970 crimes rates for the seven variables tabulated were lower in North Hollywood than in the city as a whole. Except for "robberies per 100 population" and "total arrests per 100 population" all other rates in North Hollywood were lower than in the Studio City study area. Tabulation of U.S^ Census Trends from 1960 to 1970 Time series (trend) data can often be of value in identifying underlying socio-economic or physical characteristics which may have contributed to the change in an area. During the course of this study, the staff prepared a tabulation of the 1960-70 change in selected socio-economic variables as reported in the U.S. Census, covering the five study areas, the four "control" areas, and the City as e. whole. This was done in 'order to determine if changes in the study area nodes were significantly different than the "control areas", or from citywide norms. A tabulation of this data is contained in Appendix E. A review of this data revealed that the 1S60-70 trends in the variables selected (relating to population, economics and housing) were not significantly different fcr the study areas than for the "control areas". In general, numerical cr percantage changes in the data were also similar tocitywide trends and no firm conclusions of particular relevance tc the study could be developed. -50- V. POLICE DEPARTMENT STUDY OF HOLLYWOOD This section of the report considers the number and percentages of adult entertainment businesses in the City, changes in these businesses since 1975, and more specifically, crime rates in the Hollywood area as compared to crime rates, citywide. The following information was compiled by the Los Angeles Police Department and shows the incidence of certain adult entertainment establishments as of two different time periods— November of 1S75 and December 31, 1976. The statistics show a decrease in massage parlors, bookstores, arcades and theaters and a slight rise in adult motels- This was during the same period of time that there was stepped-up surveillance and deployment of officers in areas where concentrations of adult entertainment establishments existed. (The Hollywood community is within the West Bureau.) This information and that which follows involving the incidence of crime in the Hollywood area provides what mey be a positive correlation between crime and the presence of adult entertainment facilities. Percent TYPE OF ACTIVITY Nov. 1975 Dec. 1976 cf Change Adult Motels T738+2% Massage Parlors 147 80 Bookstores/Arcades 57 45 Theaters 47 44 TOTAL 288 207 DECEMBER 31, 1976 LOS ANGELES CITY POLICE DEPARTMENT BUREAU OF ACTIVITY AND PERCENTAGE CENTS TYPE OF ACTIVITY Adult Motels Massage Parlors Books tores/Arcades Theaters TOTAL ..-51- CENTRAL BUREAU 5(13%) 6 (7%) 6(20%) 7(16%) 27(23%) SOUTH BUREAU 23(60%) 4 (5%) 1 (2%) 1- (2%) 29(14%) WEST ' BUREAU 5(13%) 42(53%) 24(53%) 28(64%) 99(48%) VALLEY BUREAU 5(13%) 28(35%) 11(24%) 8(18%) 52(25%) Tha informaticn in this section is an extract from a report to the Planning Department on "The Impact of Sox Oriented Businesses on the Police Problems in the City cf Lcs Angeles*", prope.r-ad by the Los Angeles City Pclice Department. The City Council in instructing the Planning Department to conduct the Adult Entertainment study has also instructed other City agencies tc cooperate with and contribute as necessary to the report process. In accordance with such instructions, the. Police Department conducted an analysis of the relationship between the concentration cf adult entertainment establishments and criminal activity in the Hollywood area as compared to the citywide crime rates for the period beginning 1969 and ending 1975. This period of comparison covers the years during which adult entertainment establishments appeared and proliferated in the Hollywood area. Part I crimes ara those criminal acts which most severely effect their victims; they include homicide, rape, aggravated assault, robbery, burglary, larceny, and vehicle theft. During the period 1969 through 1975, reported incidents of Part I crimes in Hollywood Area increased 7.6 percent while the City showed a percent increase. Thus, Hollywood's Part I crimes increased nearly twice the rate of the City's increase. In coufcrmance tc overall trend, every Part I crime committed against a person, against property, increased at a higher rate in Hollywood Area of the 4.2 at the no t than in the citywide total. Street robberies and 484 Purse Snatches, wherein the victim was directly accosted by their assailant, increased by 93.7 percent and 51.4 percent, respectively; the citywi'de increase wes 25.6 percent and 36.8 percent. Suspects arrested for Part I criminal acts in Hollywood Area increased 16.2 percent whMe the City dropped by 5.3 percent. This reveals that Hollywood Area was 21.5 percent over the City's total in the apprehension of serious criminals during the seven yearperiod. Equally alarming as the increase in Part I arrests, is in Part II arrests (described on Table VI, pages 53-54) Area as opposed to the rest cf the City, Hollywood this category by 45.5 percent while the City rose but 3 Prostitution greater than the increase in Hcllywood increased in 4 percent. arrests in Hollywood Area increased at a rate 15 times . .. the city average. While the City showed a 24.5 percent hike, Hollywood bounded to a 372.3 percent increasearrests.in prost i tut i en Similarly, pandering arrests in Hollywood Area percent, 3-1/2 times the city increase cf T33.3p. 54.) increased percent. by (See 475 .0 note *The ccnfpTete report Department is available Plan Case No. 21475 in prepared by the Lcs Angeles for review in the official files the Los Angeles Ci ty PI a C i ty Police under City nning Department. -52- Table VI 1S6S THROUGH 1975 SURVEY PERIOD REPORTED CRIMES AND ARRESTS I Offensei Homicide Rape Agrav. Assault Rcbbery Burglary Larceny Auto Theft TOTAL St. Robberies 484 Purse Snatches Hollywood Areji 1975 < Change Part I Offenses Homicide Rape Agrav. Assault Robbery Burglary Larceny Auto Theft ' TOTAL *Part II Offenses TOTAL ;. j « •* 19 214 605 905 5695 7852 2621 17911 381 185 Hn 1969. 21 67 239 368 864 546 31S 2424 Ho i 1969 37 199 886 1591 5551 8396 2508 19268 738 280 1 1 ywood 1975 26 47 348 285 514 1371 226 2817 1 1 ywood 1975 + 94.7 -7 .0 + 46.5 + 75.8 2 ^.5 f f\+6.9 O r*.5 +7.6 + 93.7 + 51-4 ARRESTS Area. X Change +23.8 -29.9 + 45.6 -22.6 -40.5 +151.1 -29.2 + 16.2 Area % Change 10660 15503 +45.4 1969 377 2115 14798 11909 65546 89862 32149 216756 5321 1951 C i tywid.e 1975 574 1794 14994 14557 5948S 93478 30861 225857 6584 2668 % Change +52.3 -15.2 + 1.3 + 23.2 + 6.0 + 4.0 -4.0 +4.2 + 25.6 + 35.8 1969 475 858 6250 4855 7823 6877 4820 31958 1959 17S233 Ci tyvn'de 1975 % Change 573 552 3163 5132 6032 11706 3121 30279 + 20.6 -35.7 -43.4 + 5.7 -22.9 + 70.2 -5.3 -5.3 Ci tywi de ^975 % Change 185417 +3.4 *(Part II arrests include: faiting, embezzlement and narcotics, liquor laws, mi sdemeancrs.) Prostitution Arrests Hollywood Area C1tywide ether assau fraud, stol gambling, 1969 433 2864 Us, forgery and counter- en property, prostitut Ton, and other miscellaneous 1975 2045 3564 j. Change +372.3 + 24.5 . -53- Table VI (cont'd) 1975 "n % Change 3D J 8 42 46 S8 +475.0 +133.3 Pandering Arrests Hoilywood Area Citywide NOTE: (The prostitution arrestsr.5rrtU"«ii,r?:'.lp/.5.jTji.-.....«. tl]^a-^u^r^Us^^T-1,,^.) i tution Hollywood pandering Hollywood Area Patrol Investigators TOTAL C i tywi de DEPLOYMENT 1969 1975 % Change 197 45 242 5194 255 61 316 7506 + 29.4 + 35.6 + 30.6 + 21.1 ADULT ENTERTAINMENT ESTABLISHMENTS HOLLYWOOD AREA 1969 through 1975 1969 1 H^rd-core motel 2 Bookstores 7 Theaters 1 Massage parlcr/scam joint 11 Locations (Total) 1975 3 Hard-core motels 18 Bookstores 29 Theaters38 Massage parlor/scam joints 88 Locations (Total) -54- HOLLYWOOD AREA 484 PURSE SNATCHES. 250 Ul*.I 200 175 150 100 o'<63 '70 '71 '72 1700 1600 1500 HOO 1300 1200 1100 1000 ALL ROBBERIES 600 '74 '75 '7)'72 '73 T . '74 STREET ROBBERIESooo ' "»K Af DO TAA|<JU 650 oLKJ 550 DOQ ^DO A f\f\ oaO JOO ^— f / / A / / i , \\\ , / / / '75 U6 100 90 00 70 60 50 40 30 20 10 0G 9 '70 '71 '72 '73 '74 '7, ADULT ENTERTAINMENT ESTABLISHMENTS ^^ ^^ ^ — - ^^" •*^ / / / -- jf ^ 9 '70 '71 '72 '73 . '74 ' '7! During the period included in this report, the Citywide deployment of police personnel rose by 21.2 percent. However, with the surge of crime in the Hollywood Area, deployment there increased by 30.6 percent, 9.4 percent higher than the rest of the City. Included in this figure is a 29.4 percent hike in uniformed officers end 35.6 percent rise in investigators to ccpe with the criminal elements. This survey reflects a seven-yeer span during which time the Adult Entertainment Establishment in the Hollywood Area proliferated from a mere 11 establishments to an astonishing, number of 88 such locations. The overall deleterious effect to the entire community is evident in the statistics provided. The overwhelming increase in prostitution, robberies, assaults, thefts, and the proportionate growth in polica personnel deployed throughout Hollywood, are all representative of blighting results that the clustering of Adult Entertainment Establishments has on the entire community. These adverse social effects not only infect the environs immediately adjacent to the parlors but creates a malignant atmosphere in which crime spreads to epidemic proportions. The remaining sections of the Police Department report are letters and signature petitions from concerned businessmen, clergy, merchants, citizens and police officers and are in , the file and available for inspection upon request. The following paragraph summarizes this section cf the Police Department report. The police officer reports can be summarized as follows: all officers felt the sex-oriented businesses either contributed to or were directly responsible for the crime problems in the Hollywood area. The officers felt the sex shops were an open invitation to undesirables and thereby directly caused the deterioration of neighborhoods. Also, it was suggested that these businesses purposely cluster in order to establish a "strength in numbers" type effect, once they establish a foothold in a neighborhood they drive the legitimate businesses out. The letters from the businessmen, clubs, churches and concerned citizens were all in support of police efforts to close adult entertainment facilities. The letters all expressed the feeling that the sex shops attracted homosexuals, perverts, prostitutes and other undesirables and directly contributed to the decline of the Hollywood area. -55- HOLLYWOOD AREA + 475.0% 8 PANDERING ARRESTS + 372.3% 433 PROSTITUTION ARRESTS II +700.0% 88 i&iiiT ADULT ENTERTAINMENT ESTABLISHMENTS HOLLYWOOD AREA VS. CITY OF UA. RATE OF INCREASE 1969-1975 u\ UlI 03 ilil HOLLYWOOD AREA f~l CITY OF L.A. 45.4 PART I CRIMES -5.3% PARTI ARRESTS PARTH ARRESTS Los Angeles City Planning Department Calvin S. Hamilton, Director Frank P. Lombard!, Executive Officer Glenn F. Blossom, City Planning Officer Citywide Planning and Development Division Glenn 0. Johnson, Division Head Code Studies Section Jack C. Sedwick, Senior City Planner Robert Janovici, City Planner Charles S. Rozzelle, City Planner Marcia Scully, Planning Assistant, Project Coordinator Evelyn Garfinkle, City Planning Associate Fred Hand, City Planning Associate Ronald Lewis, City Planning Associate (former project staff member) Charles Zeman, City Planning Associate Staff Support Donald S. Jacobs, Data Analysis Fred Ige, Planning Assistant Joyce Odell, Cartographer Gilbert Castro, Cartographer Barbara Reilly, Typist Corrine Gluck, Typist Mary Volz, Typist Mewland Watanabe, Typist Jeanne Crain, Typist Audrey Jones, Typist Mason Oooley, Photographer - - *TJ" •',-"*_'"""'>•"j - ,' •*— ^ '- '. -* .". • . " " "' "' ' APPENDICES. -X *• •"" • ---, . - .. — APPENDIX A (Sheet 1) Changes In Aaaecaed "Market" Value of Deuidential and Commercial Property 1970-76> Areas of Concentration of Adult Entertainment BuainesaeB) Corresponding Control Area*, and City of Log Angeles Areas of Concentration ("Hodea'J and Control Areas 1970 Land 1976 Aaeeaaed "Harket" Values Improvements 1970 1976 Total 1970 1976 Santa Monica ( Heatern Control Area - Santa Monica and Vermont 12,955,100 12,926,800 12,945,620 13,697,£20 25,900,900 26,624,420 11,549,300 10,990,500 9,971,400 13,227,900 21,520,700 24,218,400 Hollywood t Control' Area Highland Nee tern - Hollywood t Belma fc Cahuenga Control Area Cower - Hollywood L 17 t 31 2B 14 ,618,700 ,956,500 ,720,280 ,502,880 18,237,710 26,197,880 34,785,000 17,078,900 20,361,040 39,051,920 31,852,740 13,411,880 23,015 35,992 27,656 12.256 ,660 ,140 ,660 ,520 37,979, 61,008, 60,573, 27,914, 740 420 020 760 41,289 62,190 62,641 29,335 ,370 ,020 ,740 ,420 Tujunga I Ventura (Studio City) ' 7,115,460 11,890,900 LankerBuim t Vineland (tlorth Hollywood) Control Area - Lankerahln & Hhlpple 13,789,200 15,979,300 8,493,260 13,852,600 15,287,340 16,763,160 15,608,720 25,743,700 29,076,540 32,742,460 11,168,200 18,169,000 14,744,280 18,823,200 25,912,480 36,992,200 City of L.A. Land 8,303,456,720 11,216,558,900 Improvements 9,692,014,680 • 13,464,660,940 Total 17,995,471,400 24,681,219,84 e,TY OF LOS ANGELAS CALIFORNIA DEPARTMENT OPCTTY M-ANMINa _ DEPARTMENT Of COMMIMIOM Jt'fSTjv CITY PLANNING jft>'i*B!^5§9V SSI CITY HALLsuz£EoN.:rM nBBf <n uos *NGCL"-CAUF-900ti F««O «. CASe I !g"i^"-3"*^g 14 •.« *CalfibAll7 j CALVIN S. HAMILTONOlMCCTOA OANIIL P. GARCIA >&&==—f^ FRANK F LOMBAROIL£STtS B. KJNO ^0*001^^ ,„«,«»« o»»icrii UEONAHO LEVY TOMBRAOLEY RAYMOND I. NOMMAN MAYOR »IO<CT»«Y APPENDIX B narch 14, 1977 REQUEST FOR YOCJR ASSISTANCE IN OBTAINING INFORMATION REGARDING "ADULT ENTERTAINMENT ESTABLISHMENTS" The Los Angeles City Council has recently requested the Department of City Planning, in cooperation with the Police Department and other City agencies, to conduct a study concerning "adult entertainment" businesses. Because of your particular knowledge of the businesses in the vicinity of your adress, we are requesting that you answer the questions on the attached questionnaire. These questions relate to the effect of adult entertainment establishments on other businesses and neighborhoods in the surrounding area. The results of the questionnaire will be of great value to us in conducting this study. Please return your completed questionnaire in the stamped envelope provided before April 1, 1977. If you have any questions about the study or wish to discuss this matter with Planning Department staff members, please call 485-3508. We greatly appreciate your cooperation in assisting us in this survey. Original signed by Calvin S. Hamilton , CALVIN S. HAMILTON Director of Planning CSH:CSR:cd - 0417B/0029A B-; AN EQUAL EMPLOYMENT OPPORTUNITY—AFFIRMATIVE ACTION EMPLOYER ADULT ENTERTAINMENT QUESTIONNAIRE Los Angeles City Planning Department Hay 9, 1977 Please answer the seven questions below by checking the appropriate spaces. Feel free to write comments in the space provided or on a separate sheet. For the purposes of this study, an adult entertainment establishment includes businesses such as: adult bookstores; nude or topless dancing establishments; massage parlors; adult theatres showing X-rated movies; "peep shows"; so-called adult motels, and bars with X-rated entertainment. 1. What overall effect do you feel that adult entertainment establishments have on a neighborhood: Effect on the businesses condition (sales & profits) in the area: positive negative no effect Comments/Examples: Effect on homes (value & appearance) in the area immediately adjacent to adult entertainment businesses: positive ' negative no effect Effect on homes (values & appearance) in the area located 500 feet or more from adult entertainment businesses: positive negative no effect Comments/Examples: (OVER) 13-1 2. Do you feel the establishment of adult entertainment facilities in the vicinity of your business has had any of the following effects? (Please check all those effects which you feel have occurred.) no effect decreased property values lower rents increased property values vacant businesses lower taxes tenants moving out higher taxes complaints from customers decreased business activity less crime increased business more crime more litter improved neighborhood appearance deteriorated neighborhood appearance other (please specify) . Please list specific examples relating to any box checked, immediately above. 3. What are the hours of operation of your business? 4. Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses? yes no Why? 5. Would you consider expanding in your current location? yes no? if not., why? 3-2 - 6. What types of adult entertainment establishments are thece in your area? (Please check all appropriate boxes.) adult bookstores nude or topless dancing massage parlors adult theatres peep shows adult motels bars with X-rated entertainment How far from your business is the nearest adult entertainment establishment? Thank you for your cooperation. Please return this questionnaire to: City of Los Angeles Department of City Planning 200 North Spring Street Room 513, City Hall Los Angeles, CA 90012 Name (Business) Address E-3 - .cmr COMM1MIOM SUZETTt NtlMAM CALIFORNIA FWCO C. CA9C OANIll. J-. GAflCIA UE3TEK •. K1N<3 UCONAAO LXVY RAYMONO I. NORMAN *«CJICTA«IT TOM BRADLEY MAYOR OF CITY PLANNING SBI CITY HAUL LOS ANGSLX3. CAUF. SOOIZ CALVIN S. HAMILTONoinccran FNANX P. UQMOAHQI ucicunvi APPEHDUX G March 14. 1977 REOUSST FCE YCTJP, ' ''AJSUL' ASSIST AJ'CS IN CBTAJNEIG Tie Los Angsies City Ccuncil has recently requested the Department of City Planning, in cooperation with the Peace Department and other City agencies, to conduct a study concerning "adult entertainment" businesses, Because of your particular knowledge of the businesses in the vicinity of your address, we are . requesting that you answer the questions on the attached questionnaire. These questions relate to the effect of adult enter- tainment establishments on ether businesses and neighborhoods in the surrounding area. The results of the questionnaire will be of great value tc us in conducting this study. Please return, your completed questionnaire in the stamped envelope provided before April I, 197?.. If you have any questions abcut the study or wish to discuss this matter with Planning Department staff members, please call 4G5-3SO£. v7e greatly appreciate your cooperation in assisting us in this survey. CALVIN S.- HAMII/TCN Director of Planning CSH:CSR':lnic -C- EQUAL. EMPLOYMENT OPPORTUNITY—AFFIRMATIVE ACTION SMPUQYEW . • Loa Angeles City Planning Department " ; March 1H, 1977 ,: Please give your opinion regarding questions set forth below by checking ' the appropriate spaces and providing comments In the space provided or on & separate sheet. For the purposes of this study, "adult entertainment establishments" In- clude businesses such as: adult bookstores, nude or topless dancing estab- lishments; massage parlors; adult theatres showing X-rated movies; "peep shows"; so-called adult motels and bars with X-rated entertainment. EFFECT OK STJRROONDIKG SCTSIifESSES - _ 1. What effect does the concentration of adult entertainment establish- ments have on the naricet value of business property (land, structures, fixtures, etc.) located in the vicinity of such establishments? Increase in value decrease in value no effect ••i Comments/examples: (Please cite specific examples, Including avail- able data.) - - - — 2. What effect does the concentration .of adult entertainment establish- ments have on the rental value of* business property located in_ the vicinity of such establishments? . : . .""'.. ~" Increase in value decrease in value ' no effect-j . Comments/examples: (Please cite specific examples, including avail- able data.) 3. What effect does the concentration of adult entertainment establish- ments have on the rentability/saleabillty of business property located in the vicinity (length of time required to rent or sell property; rate of lessee/buyer turnover; types of businesses of prospective lessees/buyers; conditions of sale or lease, etc.)? increase in rentability/saleabillty decrease in Bentability/saleability no effect ' Comments/examples: (Please cite specific examples, including available data.) • C-l Wnat effect does the concentration of adult entertair.se nt establish- ments have on the annual income of businesses located in the vicinity of such establishments? increased Income decreased Income no effect Commenta/ejcamples: (Please cite specific examples, Including available data.) Have any business owners or proprietors considered relocating or not expanding their businesses because of the nearby concentration of adult entertainment establishments? • Tea Ho Not Scnown If yea, please indicate the specific reason, if known. In recent years, has the commercial vitality (sales, profits, etc.) of any area in the City of Los Angeles been affected in any way by the nearby concentration of adult entertainment establishments? Tea Ho Hot known If yea, which- areas? Comments/examples: (Please cite effects and provide available data.) C-2 -3- EPFECT OH SUHROUTfDIMG RESIDENTIAL PROPERTIES. 7. What effect does the concentration of adult entertainment establish- ments have on the market value of private residences located within the fallowing distances from such establishments? Increase Decrease No Effect Less than 500 feet ________ _ ;_ : ' 500 - 1000 feet ' . More than 1000 feet - ___ • ^"^^^ •Comments/examples: (Please cite specific examples, including avallablj(data.} What effect does the concentration of adult entertainment establish- fflents have on the rantal value of residential income property located within the following distances from such establishments? Increase Decrease Mo Effecti t * Less than 500 feet " . 500 - 1000 feet • . More than 1000 feet _. - ^__ Comments/examples: (Please cite specific examples, Including available data.) 9. What effect does the concentration of adult entertainment establish- ments have an the rsntabllity/saleablllty of residential property located within the following distances from such establishments? Increase Decrease No Effect Less than 500 feet '__ 500 - 1000 feet . *»> " , More than 1000 feet . • Comments/examples: (Please cite specific examples, including available data.) . • OVERALL 10. In regard to the questions set forth above, please describe the . effects which you believe the concentration of adult entertainment businesses has on each of the following: Property values of surrounding: Conanercial property _ ; _ Residential property _ _ Rental values of surrounding: Commercial property . Residential property Vacancies Number Length Rate of tenant turnover Annual business Income Complaints from customers and residents due to concentration Neighborhood appearance Crime Litter Other (please specify T3iank you for your cooperation. Please return this questionnaire to: City of Los Angeles Department of City Planning 200 North Spring Street Room 516, City Hall • Los Angeles, CA 90012 « Name Organization Address Do you wish to be notified of the public hearing on this matter? Tea No r»-4 APPENDIX D-I May 3, 1977 Concerned! Menbers of tiia Public A.DULT SNCSZTAII-TMKOT STUDY We v/.ish to thank you for your interest in the above matter. Recently, residents of the Studio City arsa have received arroneous information regarding the activities of this Department. Specif i- caliy, thsy have besn informed that it is our intent to create an "adult entertainment zone" en Ventura Boulevard. This information is not ccrract. In Jar.uary of this year, the L-cs Angeles City Co-.Tr.cil instructed the Planning Dapc.rtr.ent to conduct 3. study to do.ter.Mine whether so-called "adult entertainment c e.-st-^blishinonts, '.vhere they exist in concentration, tend to hav*» a deteriorating or blighting effect on adjacent propci.'tiss cine! areas. Since that tims, the partment staff has been evaluating data from the public and al agencies to c.ete:rmir.s whether evidff^cc of such affects Within the next two months, the analysis of the information gathered will be presented to the Los ringeies City Council which vill rcake a decision ac to whether adoption of regulations is appropriate. We regret that you were sent alarming erroneous information; if ycu hava ary further questions, please call ray staff at 485-3508 or <185-33Ga. j {Original signed by) < CALVIH S. KAfULTON ! Director of Planning ? CSH:RJ:nw APPENDIX D-3 PRIVATELY DISTRIBUTED QUESTIONNAIRE (Note: Not a portion of Planning Department Study) - RESPONSES - Total no. of responses 197 q u e s t ion 1. What effect does the concentration of adult entertainment establishments have on the market value of business property (land, structures, fixtures, etc.) located in the vicinity of such establishments? 2. What effect does the concentration of adult entertainment establishments have on the rental value of business property located in the vicinity of such establishments? 3. What effect does the concentration of adult entertainment establishments have on the rentabrlity/saleability of business property located in the vicinity (length of time required to rent or sell property; rate of lessees/ buyer turnover; conditions of sale or lease, etc.)? of Response increase in value 2 decrease in value 178 (90.4%) no effect 2 r increase in value 2 decrease in value 169 (85.8%) no effect 3 increase in rentability/ saleabi1i ty 2 decrease in rentability/ saleability 161 (81.7%) no effect 3 increased income 2•. What effect does the concentration adult entertainment establishments have on the annual income of businesses decreased income located in the vicinity.of such estab1ishments? Have any business owners or proprietors considered relocating or not expanding their businesses because of the nearby concentration of adult entertainment establishments? In recent years, has the commercial vitality (sales, profits, etc.) of any area in the City of Los Angeles been affected in any way by the nearby concentration of adult entertainment establishments? no effect yes 71 no not known yes 100 no 57 not known (36.9%) " (4-9%) 96 (48.7%) (50.8%) (28.9%) (35.8%) 0-3-1 7. What effect does the concentration of adult entertainment establ i shrr.snts have on the market value of private residences located within the following distances from such establishments? Increase Less than 500 feet 500 - 1000 feet More than 1000 feet Decrease 148 (100*) 145 (100%) 142 (95.9*) 8. What effect does the concentration of adult entertainment establishments have or, the rental value of residential income property iccaced within the following distances from such establi shments? Increase Less than 500 feet 500 - 1000 feet More than 1000 feet Decrease 143 (99.3%) 138 (98.6*) 133 (9SX) 9. What effect does the concentration of adult entertainment establishments have on the rentabi1ity/sa1eabi1 i^y of residential property located within the following distances from such establish- ments? Increase Less than 500 feet 500 - 1000 feet More than 1000 feet 10. (Not tabulated) Decrease 147 (100*) 141 (99.3X) 14l" (97.2*) No effect Total 148 145 148 Mo effect 1 2 (1-4*) 7 (50%) Total 144 140 140 No effect Total 147 142" 145 In summary, the respondents felt that the subject businesses have a decidedly adverse impact on surrounding businesses and residential properties and the large majority believe that the adverse effect extends beyond the 1000-foot radius. 0-3-2 Comments indicate concern for: 1. personal safety, e.g. assaults 2. moral effect on children 3. safety of property, e.g. vandalism, robbery, etc, 4. neighborhood appearance. Adult entertainment establishments were described variously as tawdry, tacky, garish, seedy, messy, neglected, untidy, blighted, unkempt. 5. litter, e.g. cans, bottles, newpapers, etc., strewn about public and private property, especially heavy after Saturday night. 6. spillover parking into residential areas. On-site parking' is often inadequate. Customers seeking anonymity park at a distance away from any given establishment, on residential streets. 7. graffiti on public and private property. 0-3-3 APPENDIX E SANTA MONICA BOULEVARD & WESTERN AVENUE NODE POPULATION Total PopulationBlack Percentage Spanish Percentage Median Age Persons 0-17 Percentage Persons 65 + Percentage No. of Husband & Wife Families Nc. of Unrelated Individuals Average Household Size HOUSING Total Units Si ngles Percentage Multiples Percentage Built Pre-1939 Al 1 Occupied UnitsOwner Percentage Renter Percentage ECONOMICS Med i an Fami1y Median School Corap1eted Median Value 0 Occupied in Median Rent in Total Employed Unemployed Percentage" CITYWIOE 1960 18,484 38 0.2 540 3.7 42.1 2,190 11.8 2,437 13.1 1970 19,033 340 1.8 3,833 20.1 38.0 3,126 16.4 3,334 17.5 1960 2,479,015 334,916 13.5 260,399 10.5 33.2 756,640 30.5 253,993 10.2 1970 2,811,801 503,606 17.9 518,791 18.5 30.6 849,246 30.2 283,395 10.1 3,153 3,833 1.95 3,380 6,190 1.90 545,109 329,977 2.77 553,564 421,701 2.68 9,859 2,938 30.0 6,921 70.0 7,039 9,226 1,330 14.0 7,896 86.0 10,667 1,919 18.0 8,748 82.0 5,736 9,962 1,078 11.0 8,986 89.0 935,507 559,745 59.0 375,762 40.0 481,797 875,010 ' 404,652 50.0 471,358 43.0 1,074,173 560,378 52.0 510,261 47.4 328,988 1,024,835 419,801 39.0 607,573 56.4 Income Years wner $ $ 5,699 12.1 16,450 • 77 9,370 900 916 7,713 12.3 25,825 105 9,113 912 10.0 6.896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,796 86,802 7.5 £-1 LANKERSHIM BOULEVARD & WHIPPLE (Valley Control Area) STREET NODE POPULATION 1960 1970 Total Population 5,497 5,897 Slack 9 2 Percentage 0.0 .1 Spanish 100 439 Percentage 1.8 7.4 Median Age 42.1 41.6 Persons 0-17 1,106 1,091 Percentage 20.1 18.5 Persons 65+ 729 1,076 Percentage 13.3 18.2 No. of Husband & Wife Families 1,371 1,301 No. of Unrelated Individuals 841 1,337 Average Household Size 2.36 2.11 CITYWIDE 1960 2,479,015 334,916 13.5 260,399 10.5 33.2 756,640 30.5 253,993 10.2 545,109 329,977 2.77 1970 2,811,801 503,606 17.9 518,791 18.5 30.6 849,246 30.2 283,395 10.1 553,564 421,701 2.68 HOUSING Total Units Singles Percentage Multiples Percentage Built Pre-1939 All Occupied Units Owner Percentage Renter Percentage 2,520 1,289 51.2 1,231 48.8 898 2,328 1,076 46.2 1,252 53.8 2,865 1,082 37.8 1,783 62.2 813 2,790 989 35.4 1,801 64.6 935,507 559,745 59.0 375,762 40.0 481,797 876,010 404,652 50.0 471,358 43.0 1,074,173 560,378 52.0 510,261 47.4 328,988 1,024,835 419,801 39.0 607,573 56.4 ECONOMICS•~^™™" — - . ^ Median Family Income 8,086 13,154 Median School Years Completed 12.6 12.6 Median Value Owner Occupied in S 22,350 37,700 Median Rent in 5 92 136 Total Employed 2,574 2,736 Unemployed 177 280 Percentage 6.9 10.2 6,896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,796 86,802 7.5 E-2 HOLLYWOOD & WESTERN NODE POPULATION 1960 1970 Total Population 6,860 8,438 Black 3 72 Percentage - -1 Spanish 183 509 Percentage 2.6 10.7 Median Age 43.9 41.3 Persons 0-17 576 803 Percentage 8.3 9.4 Persons 65+ 1,158 1,644 Percentage 16.8 IS.4 No. of Husband & Wife Families 1,306 1,408 No. of Unrelated Individuals 2,805 3,602 Average Household Size 1.76 1.62 CITYWIOE I960 2,475,015 334,916 13.5 260,399 10.5 33.2 756,640 30.5 253,993 10.2 545,109 329,977 2.77 1S70 2,811,801 503,606 17.9 518.791 18.5 30.5 849,246 30.2 283,395 10.1 553,564 421,701 2.58 HOUSING Total Units Singles Percentage Multiples Percentage Built Pre-1939 Al1 Occupied Uni ts Owner Percentage Renter Percentage 6,773 764 11.3 5,818 85. S 3,731 5,996 394 S.6 5,602 93.4 8,044 702 8.7 7,559 94.0 3,037 7,506 420 5.6 7,137 94.4 935,507 559,745 59.0 375,752 40.0 481,7S7 876,010 404,652 50.0 471,358 43.0 1,074,173 560,378 52.0 510,261 47 .4 328,988 1,024,835 419,801 39.0 607,573 56.4 ECONOMICS Median Family Income 6,429 8,537 Median School Years Completed 12.5 12.6 Median Value Owner Occupied in S 22,200 37,333 Median Rent in S 92 123 Total Employed 6,535 6,745 Unemployed 431 575 Percentage 7.4 8.5 5,896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,796 86,802 7.5 £-3 SANTA MONICA BOULEVARD & VERMONT AVENUE NOPE CITYWIDE POPULATION Total Population Black Percentage Spanish Percentage Median Age Persons 0-17 Percentage Persons 55+ Percentage No. of Husband & Wife Families No. of Unrelated Individuals Average Household Size I960 16,855 510 3.0 889 5.2 38.8 2,482 14.7 2,830 16.8 3,343 4,881 2.04 1970 15,736 1,287 8.2 3,936 25.0 34. H 2,751 17.5 2,432 15.5 2,720 4,818 2.01 1S60 2,479,015 334,£16 13.5 250,3S9 10-.5 33.2 756,640 30.5 253,993 10.2 545,109 329,977 2.77 1970 2,811,801 503,606 17.9 518,791 18.5 30.6 849,246 30.2 283,395 10.1 553,554 421,701 2.68 HOUSING Total Units Singles Percentage Multiples Percentage Built Pre-1939 All Occupied Units Owner Percentage Renter Percentage 8,866 2,655 30.0 5,531 62.4 6,589 8,274 1,404 17.0 6,870 83.0 7,982 1,913 24.0 5,081 76.2 4,093 7,636 896 11.7 6,748 88.4 535,507 555,745 59.0- 375,762 40.0 481,797 876,010 404,652 50.0 471,358 43.0 1,074,173 ' 560,378 52.0 510,261 47.4 328,988 1,024,835 419,801 3S.O 607,573 56.4 ECONOMICS Median Family Income Median School Years Completed Median Value Owner Occupied in S Median Rant in $ Total Employed Unemployed Percentage 5,901 12.2 15,975 76 9,073 595 6.6 8,142 12.5 24,100 103 6,528 465 7.1 6,896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,756 86,802 7.5 £-4 SANTA MONICA BOULEVARD & VERMONT AVENUE NODE CITYWIOE POPULATION Total Population Slack Percentage Span ish Percentage Median Age Persons 0-17 Percentage Persons 55+ Percentage No. of Husband & Wife Families No. of Unrelated Individuals Average Household Size I960 3,343 4,881 2.04 1970 2,720 4,818 2.01 I960 545,109 329,977 2.77 1970 .6,855 510 • 3.0 869 5.2 38.8 2,482 14.7 2,830 16.8 15,736 1,287 8.2 3,936 25.0 34.2 2,751 17.5 2,432 15.5 2,479,015 334, Si6 13.5 250, 3S9 10.5 33.2 756,540 30.5 253,593 10.2 2,811,801 503,606 i 7 . S 518,791 18. 5 30.6 84S.24S 30. 2 283. 3S5 10.1 553,554 421,701 2.68 HOUSING Total Units Singles Percentage Multiples Percentage Built Pre-1939 All Occupied Units Owner Percentage Renter Percentage ECONOMICS Median Family Median School Completed Median Value Occupied in Median Rant in Total Employed Unemp!oyed Percentage 8,866 2,655 30.0 5,531 62.4 6,589 8,274 1,404 17.0 6,870 83.0 7,982 1,913 24.0 5,081 76.2 4,093 7,636 896 11.7 6,748 88.4 Income Years LJ f\ O V*W 1 1 tr i $ $ 5,*901 12.2 15,975 76 9,073 595 6.6 8,142 12.5 24,100 103 6,528 465 7.1 935,507 559,745 59.0 375,762 40.0 481,797 875,010 404,652 50.0 471,358 43.0 1,074,173 560,378 52.0 510,261 47.4 328,988 1,024,835- 419,801 39.0 607,573 56.4 6,896 12.1 " 17,300 78 126,276 6,914 5.5 10.-535 12.4 26,700 114 1,150,796 86,802 7.5 E-4 SELMA AVENUE CAHUENGA BOULEVARD NODE CITYWIOE POPULATION Total Population Black Percentage Spanish Percentage Median Age Persons 0-17 Percentage Persons 65+ Percentage No. of Husband & Wife Fami1ies No. of Unrelated Individuals Average Household I960 Size 2,406 6,531 1.68 1S70 1,876 5,951 1.60 1S50 545,109 329,977 2.77 .970 14,886 43 .3 840 5.6 43.3 1,309 8.8 2,896 19.5 .13,827 342 2.5 i,822 13.2 39.8 1,248 9.0 2,712 19.6 2,479,015 334,916 13.5 250,339 10.5 33.2 755,540 30.5 253,983 10.2 2,811,801 £03,606 17.9 518,751 18.5 30.6 845,245 30.2 283,395 10.1 553,564 421,701 2.68 HOUSING Total Units Singles Percentage Multiples Percentage Built Pre-1939 Al 1 Occupied Units Owner Percentage Renter Percentage 10,022 1,714 17.1 8,1.10 80.9 7,197 8,958 812 9.1 8,164 Sl.l 9,580 1,140 11.8 8,533 88.2 5,161 8,65.8 583 7.9 7,965 92.1 935,507 559,745 59.0 375,762 40.0 481,797 876,010 404,652 50.0 471,358 43.0 1,074,173 560,378 52.0 510,261 47.4 328,988 1,024,835 4H,801 39.0 607,573 56.4 ECONOMICS Median Family income 5,"53S 7,584 Median School Years Completed 12,2 12.5 Median Value Owner Occupied in S 20,125 30,925 Median Rent in $ 80 111 Total Employed 8,112 6,990 Unemployed 998 943 Percentage 12.3 13.5 6,896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,796 86,802 7.5 E-5 TUJUNGA BOULEVARD & VENTURA BOULEVARD NODE CITYWIOE POPULATION I960 Total Population Black Percentage Spanish Percentage Median Age Persons 0-17 Percentage Persons 55+ Percentage No. of Husband 4 Wife Families 4,526 No. of Unrelated Individuals 3,100 Average Household Size 2.36 1970 2,654 2,832 2.17 1960 545,109 329,977 2.77 1S70 1 7,544 50 .3 398 2.3 39.6 3,538 20.7 1,368 7.8 11,595 44 .4 758 6.5 38.7 2,137 18.4 1,232 10.6 2,479,015 334,916 ,13.5 260.399 10.5 33.2' 755,640 30.5 253,993 10.2 2,811,801 503,506 17.9 518,791 18.5 30.6 849.246 30.2 283,395 10.1 553,564 421,701 2.58 HOUSIMG Total Units Singles Percentage Multiples Percentage Built Pre-1939 All Occupied Units Owner Percentage Renter Percentage 8,110 4,520 55.7 3.590 44.3 2,058 7,548 3,904 51.4 3,644 48.3 5,529 2,716 49.1 2.813 50.9 1,009 5,367 2,463 45.9 2,904 54.1 935,507 559,745 5S.O 375,762 40.0 481.797 876,010 404,652 50.0 471,358 43.0 i,074,173 550,378 52.0 510,261 47.4 328,988 1,024,835 419,801 39.0 507,573 56.4 ECONOMICS Median Family Income 9,9"56 15,672 Median School Years Completed 12.6 12.9 Median Value Owner Occupied in $ 23,700 39,650 Median Rent in $ 98 142 Total Employed 8,800 5,965 Unemployed 584 504 Percentage 6.7 8.4 6,896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,796 86,802 7.5 E-6 HOLLYWOOD BOULEVARD AND HIGHLAND AVENUE NODE CITYWIOE POPULATION I960 1970 I960 1970 Total Population 11,438' 12,016 2,479,015 2,811,801 Black 38 325 334,916 503,606 Percentage .3 2.7 13.5 17.9 Spanish 357 1,509 260,399 518,791 Percentage 3.1 12.6 10.5 18.5 Median Age 44.5 41.0 33.2 30.6 Persons 0-17 832 970 756,640 849,246 Percentage 7.3 8.1 30.5 30.2 Persons 65+ .2,281 2,379 253,992 283,395 Percentage 19.9 19.8 10.2 10.1 No. of Husband & Wife Families 1,718 1,606 545,109 553,554 No. of Unrelated Individuals 5,768 6,408 329,977 421,701 Average Household Size 1-57 1.56 2.77 2.68 HOUSING Total Units Singles Percentage Mu11 iples Percentage Built Pre-1939 Al 1 Occupied Units Owner Percentage Renter Percentage 8,261 1,169 14.2 7,067 85.5 5,768 7,32-2 559 7.6 6,781 92.4 8,835 858 9.7 7,958 90.1 4,344 7,756 559 7.2 7,197 92.8 935,507 559,745 59.0 375,762 40.0 481,797 876,010 - 404,652 50.0 471,358 43.0 1,074,173 560,378 52.0 510,261 47.4 328,988 1,024,835 419,801 39.0 607,573 56.4 ECONOMICS Median Family Income 5,792 7,510 Median School Years Completed 12.3 12.6 Median Value Owner Occupied in $ 23,000 33,300 Median Rent in $ 85 117 Total Employed 6,469 6,177 Unemployed 861 878 Percentage 1-3.3 14.2 6,896 12.1 17,300 78 126,276 6,914 5.5 10,535 12.4 26,700 114 1,150,796 86,802 7.5 E-7 HOLLYWOOD BOULEVARD AND GOWER STREET NODE CITYWIOE POPULATION Total Population Black Percentage Spani sh Percentage Median Age Persons 0-17 Percentage Parsons 65+ Percentage No. of Husband & Wife Fami1ies No. of Unrelated Individuals Average Household Size HOUSING Total Units Singles Percentage MultipIes Percentage Built Pre-1939 All Occupied-Units Owner Percentage Renter Percentage ECONOMICS Median Family Income Median School Years Completed Median Value Owner Occupied in $ Median Rent in $ Total Employed 'Unemployed Percentage .I960 7,067 9 .1 292 4.1 45.2 567 8.0 1,445 20.4 1,316 2,707 1.74 4,334 669 15.4 •3,463 84.6 2,778 3,924 345 8.8 3,579 91.2 6,102 12.4 21,750 84 3,885 380 9.8 1970 2,342 53 2.3 311 13.3 37.3 111 9.7 325 13.5 336 1,155 1.64 1,571 226 14.4 1,365 85.6 726 1,446 93 6.4 1,353 93.6 8,515 12.4 27,600 112 1,430 148 10.3 1950 2.479,015 334,916 13.5 260,399 10.5 33.2 756,640 30.5 253,993 10.2 545,109 329,977 2.77 935,507 559,745 59.0 375,762 40.0 481,797 876,010 404,652 50.0 471,358 43.0 6,896 12.1 17,300 78 126,276 6,914 5.5 1970 2',811,801 503,506 17.9 518.791 .18.5 30.6 849,246 30.2 233,395 10.1 553,564 421,701 2.68 1,074,173 560,378 52,0 510,261 47.4 328,988 1,024,835 419,801 39.0 607,573 56.4 10,535 12.4 25,700 114 1,150,796 8G.802 7.5 E-8 LANKERSHIM BOULEVARD & VINLANO AVENUE NODE CITYWIDE POPULATION Total Population Black Percentage Spanish Percentage Median Age Persons 0-17 Percentage- Persons 65+ Percentage No. of Husband & Wife Families No. of Unrelated Individuals Average Household Size I960 7,600 1 0 263 3.5 41.9 1,551 20.4 1,268 16.7 1,833 1,325 2.35 1970 9,344 0 0 146 1.6 38.7 1,697 18.2 1,674 17.9 1,963 2,521 1.70 I960 2,479,015 334,916 13.5 260,399 10.5 33.2 756,640 30.5 253,993 10.2t 545,109 329,S77 2.77 1970 2,811,801 503,606 17.9 518,791 18.5 30.6 849,246 30.2 283,395 10.1 553,564 421,701 2.68 HOUSING Total Units Singles . Percentage Multiples Percentage Built Pre-1939 All Occupied Units Owner Percentage Renter Percentage ECONOMICS Median Family Median School Completed Median Value 0 Occupied in Median Rent in Total Employed Unemp1oyed Percentage 3,558 1,705 47.9 1,853 52.1 1,501 2,711 1,213 44.7 2,098 55.3 4,897 1,359 27.8 3,538 72.2 1,369 4,677 1,143 24.4 3,534 75.6 Income Years \*i no**wn c r$s 6,690 11.9 17,800 86 3,483 267 7.7 9,471 12.4 25,450 118 4,452 291 6.5 935,507 559,745 59.0 375,762 40.0 481,797 876,010 404,652 50.0 471,358 43.0 6,896 12.1 17,300 78 126,276 6,914 5.5 1,074,173 560,378 52.0 510,261 47.4 328,988 1,024,835 419,801 39.0 607,573 56.4 10,535 12.4 26,700 114 1,150,796 86,802 7.5 E-9