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2005-06-28; City Council; 18187 v2 13-21; Exhibits to Staff Report Regulating Adult Businesses and Performers
13 Newport News, Virginia nor fra Newport News Department of Planning and Development March 1996 ADULT USE STUDY Newport News Department of Planning and Development March 1996 r TABLE OF CONTENTS I. INTRODUCTION 1 Background 1 Detroit, Michigan •. 2 Boston, Massachusetts 2 Proposed Newport News Ordinance 3 \ II. ADULT USE FACILITIES IN NEWPORT NEWS 4 Number and Type 4 Existing Zoning of Adult Uses 4 Location of Adult Uses 4 Map 1 6 III. PUBLIC SAFETY IMPACTS 7 Indianapolis, Indiana 7 Los Angeles, California 7 Austin, Texas 7 Other Cities 7 Newport News, Virginia 8 Study Areas/Control Areas 10 IV. IMPACTS ON ABUTTING PROPERTIES 17 Indianapolis, Indiana 17 i I Los Angeles, California 17 ; St. Paul, Minnesota 17 I Austin, Texas 17 i Newport News, Virginia 18 i V. CONCLUSION 19 VI. EXHIBITS 21 A. Maps of Aduit Uses B. Dispatch Codes and Police Calls for Service j C. Photographs of Adult Uses ^ D. Proposed Adult Use Ordinance ^ D-1 Article II. Definitions / D-2 Article IV. Section 422. Adult Uses ii >*"' i I. INTRODUCTION Merchants Associations and the residents in the City of Newport News that have adult uses near them have expressed concerns over the lack of controls over these uses. This report identifies the need for an ordinance that would regulate Adult Uses in Newport News. Research in other cities on the impact of adult uses found that crime rates were higher and property values lower near adult uses. This report summarizes the findings of that research. This report also identifies the adult uses in the Newport News. The report gives the police calls for service for incidents that would concern adjoining areas. It also provides opinions from the Board of Directors and Governmental Affairs Committee of the Virginia Peninsula Association of Realtors about the impact of adult uses on the value of nearby properties. The report concludes with a proposed ordinance, Exhibits D-1 and D-2 in the Appendix, to control adult uses in the City. Background Cities which passed ordinances to regulate adult uses have been challenged in court over the violation of First Amendment and 14th Amendment rights. Courts have often struck down ordinances for various reasons: 1. The ordinances were motivated because of a distaste for the speech itself, and not on the desire to eliminate adverse effects. 2. The ordinances were not based on factual information that proved the existence of negative impacts on surrounding areas. 3. The ordinances severely restricted First Amendment Rights. 4. The ordinances placed arbitrary restrictions on legitimate businesses. 5. The licensing processes were confusing, and exorbitant license fees were punitive and bore little relation to the actual cost of the process or the public cost of the use. I Cities that have been successful in defending adult regulations used their police powers under zoning to develop performance oriented standards. Most cities are using variations of the Detroit, Michigan ordinance, that encourages dispersion ' of adult uses. A few use the Boston, Massachusetts model, (e.g. Seattle and Renton, Washington), which concentrates adult uses in certain areas. The United States Supreme Court has upheld both types of zoning ordinances, (i.e. those ordinances that either disperse or concentrate adult uses). The Court is more likely to strike down an ordinance when . . . "cities attempt to regulate because they object to the sexually explicit messages conveyed by adult business. Courts will also void regulations that seek to exclude all adult uses ! through an outright ban, excessive locational requirements, or undue discretion placed in the hands of officials who review applications for special use permits or business licenses."1 Detroit, Michigan 1 The Detroit Ordinance was challenged and upheld by the Supreme Court in 1976. In Young v. American Mini Theaters. 427 U.S. 50 (1976), 28 ZD 329, the Supreme < Court held that "even though the First Amendment protects communication in this ' -, area (sexually explicit activities) from total suppression, we hold the State may ..^^ legitimately use the content of these materials as a basis for placing them in a j different classification from other movie theaters."2 i The Detroit approach disperses adult uses. It separates adult use establishments from one another, keeps them separate from residential areas, and limits them to commercial and industrial zones. No adult uses are permitted within 500 feet of a residentially zoned area, or within 1,000 feet of any two other adult uses./ Boston, Massachusetts The Boston approach, which concentrates adult uses, reflected an existing situation where adult uses were already clustered near each other in the city. The city created an "Adult Entertainment Zone," and provided urban renewal funding to upgrade the area. The objective was to concentrate the uses to a single, small area of the city, and prevent their spread to other parts of the city, especially 1 Alan C. Weinstein," Courts Take Close Look at Adult Use Regs," Land Use Law. May 1994 2 Excerpt from CHy of Austin, Texas, Adult Use Study, citing McClendon, Bruce W., Zoning for Adults Only. Zoning News, American Planning Association, August, 1985 r residential areas. This technique to concentrate adult uses in a small part of the city was upheld by the Supreme Court in City of Renton v. Playtime Theaters. Inc.. 475 U.S.41 (1986), 38 ZD 310. Proposed Newport News Ordinance In Newport News, the adult uses are dispersed along major highway corridors in the City with clusters downtown, in the Hilton area and near Ft. Eustis. Adult uses usually are located in commercial zones: C2 Retail Commercial, C2-A General Commercial and ROD Regional Business District. The proposed ordinance in the Appendix has been drafted to regulate adult uses through a conditional use permit process. New adult uses will need a conditional use permit to limit adverse impacts on surrounding areas. The ordinance encourages dispersal of adult uses, except for downtown where concentrations would be permitted. Outside of downtown, the ordinance separates adult uses from each other and from residential areas, churches, libraries, parks, playgrounds and schools. The separation requirements are similar to the controls proposed and recommended by the City Planning Commission in the draft zoning ordinance. The ordinance has the following features: • It defines adult entertainment establishments, adult uses, adult video stores, adult motion picture theaters, and night clubs. • Locations for adult uses would be limited to the C2 Retail Commercial, C2-A General Commercial, and RBD Regional Business District zones. • Conditional use permits would be required for adult uses. • In the C2 and C2-A zoning districts, no adult use would be permitted closer than 500 feet-which is the width of a typical city block-to: a. Any school, church, park, playground, or library property; b. Any other adult entertainment establishment; c. Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library. Otherwise, the minimum distance from such structures to a residential zone shall be 200 feet. L II. ADULT USE FACILITIES IN NEWPORT NEWS Number and Type Based on the definitions in the proposed ordinance, there are 31 adult use establishments in Newport News. They include: 14 adult entertainment establishments (Go-Go Bars); eight adult book, merchandise or video stores; and, nine night clubs. These adult uses were identified by the Police Department, the Commissioner of Revenue, and the Department of Planning and Development. Their identification as adult uses confirmed in writing by most business owners. Table 1 on page 5 lists the adult uses in Newport News and indicates the zoning districts in which they are located. Existing Zoning of Adult Uses The City has no special controls over adult uses in the existing zoning ordinance when they are in the C2-A General Commercial, M1 Light industrial, or RBD Regional Business District zones. In the C2 Retail Commercial zone, night clubs and adult entertainment establishments require a special exception, recommended by the City Planning Commission and approved by the Board of Zoning Appeals, because they are considered enclosed recreational uses which require C2-A General Commercial Zoning. The zoning ordinance has no additional controls over adult book stores and adult video stores which are permitted without restrictions in C2 Retail Commercial zone. Of the 31 adult uses in the City, 17 are located in the C2-A General Commercial zone, five are in the RBD Regional Business District zone, seven are in the C2 Retail Commercial zone, and two are in the M1 Light Industrial zone. Location of Adult Uses The locations of adult uses in the City are shown on Map 1 on page 6. For the most part, they are dispersed along Warwick Boulevard and Jefferson Avenue. However, there are clusters of adult uses in the City. Five adult uses-four adult entertainment establishments and one adult book store-are located in the RBD Regional Business District in downtown Newport News. There is a concentration of five adult uses-two adult entertainment establishments, one adult video store, one adult merchandise store, and one night club-in the vicinity of Hilton Village on Warwick Boulevard between Main Street and Mercury Boulevard in the C2-A General Commercial strip. Two adult entertainment establishments and one night club occur in the Lee Hall area on Warwick Boulevard across from Ft. Eustis. !4-Mar-96 TABLE 1 ADULT USES IN NEWPORT NEWS, NOVEMBER 1995 BUSINESS NAMES ADDRESS ZONING ADULT ENTERTAINMENT ESTABLISHMENTS l.JB's Gallery of Girls 2. RD's Gallery of Girls 3. RB's Gentlemen Club (Debs Dollhouse) 4. The New Bluebeard / JB's Gallery of Girls # 7 5. The Flame II 6. Bluebeard Go-Go II 7. The Katt 8. Buck's Brand Steak and Seafood House 9. Solid Gold Restaurant 10. Bijou Cafe 13. Marylee Restaurant 14. The Junction Restaurant 15. Moonlight Restaurant 1 6. SCR Social Club NUMBER OF BUSINESSES: 5825 Jefferson Ave 14872 Warwick Blvd 9956 Warwick Blvd 606 Dresden Dr 9921 Jefferson Ave 15674 Warwick Blvd 7824 Warwick Blvd 16906 Warwick Blvd 3416 Washington Ave 11312 Jefferson Ave 100 33rd Street 16916 Warwick Blvd 3504 Washington Ave 3410 Washington Ave C2A C2A C2A C2A C2A C2A C2A C2A RBD C2A RBD C2 RBD RBD 14 ADULT BOOK STORE, MERCHANDISE, VIDEO STORE 20. Arcade 21.Mr.D's 22. The Video Store 23. The Video Store II 24. Video XXXtra 25. Video X-Cel 26. Newport Video 27. Video Quarter NUMBER OF BUSINESSES: 3404 Washington Ave 9902-A Warwick Blvd 9903-B Jefferson Ave 11299 Jefferson Ave 811 Old Oyster Point Rd 9509 Warwick Blvd 13772 Warwick Blvd 15320-E Warwick Blvd RBD C2A C2A C2A C2 C2A C2 C2 8 NIGHTCLUBS 17. DD Corral 19. Fox Den Lounge 28. Callabash 29. Chi-Chi's 30. Cozry"s Comedy Club 3.1. Heartbreak Alley 32. Manhattan's 33.Mitty's 34. Wioeout Eddy's NUMBER OF BUSINESSES: 16912 Warwick Blvd 6045 Jefferson Ave 11234 Jefferson Ave 12755 Jefferson Ave 9700 Warwick Blvd 100 West Newmarket Square 601 Thimble Shoals Blvd 1000 Omni Blvd 11712-L&K Jefferson Ave C2 C2A C2A C2 C2A C2A Ml Ml C2 9 TOTAL 31 Exhibit A shows the locations of the adult uses in greater detail, the surrounding zoning, and a perimeter 500 feet from each adult use. Photographs of the adult uses in the City are in Exhibit C. III. PUBLIC SAFETY IMPACTS Studies of adult uses in other cities have found that crime rates were higher for areas near adult uses. Indianapolis, Indiana The 1984 Indianapolis Study Adult Entertainment Businesses in Indianapolis: An Analysis looked at the period of 1978 through 1982. The study found that the average annual rate for major crimes in areas with adult uses was 23 percent higher than the corresponding rate for control areas. The average annual rate for sex related crimes was 77 percent higher in the study area than the control area. Los Angeles, California The 1977 report Study of the Effects ol Adult Entertainment Establishments in the Citv of Los Anaeles monitored major crimes, which increased 7.6 percent in the Hollywood Area between 1969 and 1975. This was double the citywide rate of 4.2 percent. Street robberies and purse snatching increased by 94 percent and 51 percent, compared to the citywide average of 26 percent and 37 percent. Minor crimes increased 46 percent in the Hollywood area, but only 3 percent citywide. Prostitution arrests in Hollywood increased 372 percent while the city showed a 25 percent increase. Austin, Texas The Austin, Texas report found that in study areas containing adult uses, sex related crimes were two to five times the citywide average, and 66 percent higher in study areas than control areas. In the four study areas, sex related crimes ranged from 4.97 to 13.56 per 1,000 population, compared to the citywide rate of 2.81 per 1,000. The major crime rate was also higher. Major crimes ranged from 128.59 to 552.54 per 1,000 compared to the citywide rate of 83.14 per 1,000. Other Cities Studies for Amarillo, Texas; Beaumont, Texas; Los Angeles County, California; and Phoenix, Arizona indicated that the crime rates were higher near adult businesses. ./A Newport News, Virginia Of the more than 100 dispatch codes for the different types of police calls for service, the Police Department identified 32 dispatch codes for incidents that would impact an adjoining business or residential area. The Police Department researched police calls for service by address for the 31 adult uses between January 1, 1994 and October 31, 1995. The police calls for service were cross checked to insure the calls were assigned to the correct address, and involved an incident at the address. Table 2 summarizes the police calls for service for adult uses in the City. The 31 adult uses had 425 police calls for service between January 1,1994 and October 31,1995. Adult entertainment establishments had the most police calls-over 65 percent of the calls for service-and averaged 23 calls per business. Adult book stores, merchandise and video stores had the lowest number of calls~4 percent of the calls for service-and averaged two calls per business. Night clubs had 30 percent of the calls and averaged fourteen calls per business. By comparison, a selected list of restaurants with ABC licenses averaged eleven police calls for service during the same period. TABLE 2 ADULT USES IN NEWPORT NEWS, POLICE CALLS FOR SERVICE (JANUARY 1.1994 -OCTOBER 31.1995) TYPE OF BUSINESS ADULT ENTERTAINMENT ESTABLISHMENTS ADULT BOOKSTORE, MERCHANDISE, VIDEO STORE NIGHTCLUBS TOTAL POLICE CALLS FOR SERVICE 1/94 - 16/95 280 17 128 425 % OF TOTAL 65.88% 4.00% 30.12% 100.00% AVERAGE CALLS 23 2 14 13 Exhibit B in the Appendix gives more information about the types of police calls. The most frequent incidents resulting in police calls were: disorderly conduct (151), fighting (60), intoxicated person (39), Assaults (25) and destroying property (18). Table 3 compares police calls for service by pairing selected adult entertainment establishments or night clubs with nearby restaurants with ABC licenses that are not adult uses. 8 r By comparing adult uses with nearby restaurants that are not adult uses, it can be determined if adult uses have higher rates of police calls. For example, downtown adult entertainment establishment #1 had 116.7 police caHs per 100 occupancy compared to non-adult use restaurant #1, which is located across the street and had 50 police calls per 100 occupancy. Adult entertainment establishment #2 in downtown had 94 police calls for service per 100 occupancy compared to nearby non-adult use restaurant #2 that had 27.5 police calls for service per 100 occupancy. Night club #3 in midtown had 10.8 police calls for service per 100 occupancy compared to non-adult use restaurant #3 in the same business area which had 5.6 police calls per 100 occupancy. Night club #4 in Denbigh had 3.4 police calls per 100 occupancy compared to nearby non-adult use restaurant #4 which had 1.9 police calls per 100 occupancy. Therefore, when pairing businesses in nearby locations, it appears that adult uses will have more police calls for service than a non-adult use restaurant with an ABC license. TABLE 3 PAIRED COMPARISON OF SELECTED ADULT ENTERTAINMENT ESTABLISHMENTS, NIGHT CLUBS, AND NON ADULT USE RESTAURANT WITH ABC LICENSES PAIRING POLICE CALLS FOR SERVICE 1/94 - 10/95 OCCUPANCY POLICE CALLS PERIOD OCCUPANCY DOWNTOWN ADULT ENTERTAINMENT ESTABLISHMENT ttl RESTAURANT 01 DIFFERENCE , , , 35 15 +20 30 30 116.7 50 - -H6.7 -. .. DOWNTOWN ADULT ENTERTAINMENT ESTABLISHMENT #2 RESTAURANTS • ; .: : DIFFERENCE ' -^'^^ 47 22 ?M-*i5": '^V: so 80 94 27.5 +«tS MIDTOWN MIGHT CLUB #3 RETAURANTM DIFFERENCE 27 10 .- vi:^i7 :B;^ 250 180 10.8 5,6 ""• +53 DENBIGH NIGHT CLUB #4 RETAURANT #4 DIFFERENCE 12 4 +8 350 216 3.4 1.9 +2J 9 Study Areas/Control Areas The effect of concentrations of adult uses were checked by comparing study j areas with control areas. Study Area 1, which has four adult uses in police reporting areas 13 and 14 was j compared with a control area 1 nearby. Study Area 1 had 81 percent more police calls for service and 61 percent more crimes than the control area. When the , calls for service were adjusted for population differences, the police calls for ! service were 57 percent higher and the crimes were 40 percent higher. Study Area 2A is police reporting area 3, and Study Area 2B is police reporting area 4 in downtown Newport News. These were compared with Control Area 2A, which is police reporting area 2 in the vicinity of City Hall, the City Jail, Juvenile i Detention Center, Police South Patrol Headquarters and the Courthouse. The i population of Control Area 2A was adjusted to remove inmate population in the City Jail and Juvenile Detention. Police calls for service were adjusted to eliminate : requests to pick up detention orders or warrants, transfer juveniles to less secure '•*••• facilities, and crimes reported at the Police Station that occurred outside of the ^. reporting area. Study Area 2A has 42 percent more police calls for service and 7 percent more crime than the Control Area. Study Area 2B has 17 percent more police calls for service and crime than the Control Area. Also, the rate of police calls for service and Crime per 1,000 people is much higher in the Study Areas [ than the Control Area, Study Areas 2A and 2B were compared with Control Area 2B-police reporting | area 6--as a separate check. Control area 2B has more population, higher 1 unemployment, higher poverty, and lower median family income than Study Areas 2A and 2B. In this comparison, the Control Area had 18 percent and 33 percent I more police calls for service and 21 percent and 16 percent more crimes. But ' when adjusted for population, the both Study Areas had 37 percent and 143 percent higher rates of police calls for service and 32 percent and 213 percent i higher crime rates. 10 22-Feb-96 STUDY AREA I SOCIO-ECONOMIC DATA AREA1 AREA CONTROL AREA1 STUDY AREA1 LAND (ACRES) 205 209 1990 POPULATION PERSONS 1,357 1,561 PERSONS /ACRE 6.6 7.5 1990 HOUSING UNITS HOUSING UNITS 632 775 UNITS /ACRE 3.1 3.7 1990 UNEMPLOY -MENT RATE* 2.4% 2.1% 1989 MEDIAN HOUSEHOLD INCOME * . $35,760 $34,998 1990 % BELOW POVERTY LEVEL* 4.4% 3.1% * COMPUTED SOURCE: 1990 CENSUS SUMMARY TAPE FILE 3A / P70, P80A, PI 17 STUDY AREA 1 POLICE CALLS FOR SERVICE AND PART I & II CRIMES ( JANUARY 1,1994 - OCTOBER 31,1995 ) AREA1 CONTROL AREA 1 STUDY AREA 1 POLICE CALLS FOR SERVICE 465 842 CALLS FOR SERVICE PER 1,000 343 539 PARTI &n CRIMES 230 370 PART I & II CRIMES PER 1,000 169 237 STUDY AREA 1 +% ABOVE CONTROL /-% BELOW CONTROL +81%+57%+61%+40% SOURCE: NEWPORT NEWS POLICE DEPARTMENT CRIME ANALYSIS UNIT 11 STUDY AREA 1 CONTROL AREA 1 GO-GO BAR ADULT BOOKSTORE ADULT VIDEO ADULT MERCHANDISE NIGHTCLUB Lr 22-Fet>-% CONTROL AREA 2A /STUDY AREA 2 SOCIO-ECONOMIC DATA AREA 2 AREA CONTROL AREA 2A STUDY AREA2A STUDY AREA2B LAND (ACRES) 98 85 78 1990 POPULATION PERSONS *4 646 332 154 PERSONS /ACRE 6.6 3.9 2.0 1990 HOUSING UNITS HOUSING UNITS 456 111 116 UNITS /ACRE 4.7 U 1.5 1990 UNEMPLOY -MENT RATE* 5.5% 3.6% 3.0% 1989 MEDIAN HOUSEHOLD INCOME * $23,465 $15,056 $12,522 1990 % BELOW POVERTY LEVEL * 12.1% 28.5% 33.4% * COMPUTED *« DOES NOT INCLUDE POPULATION IN: CITY JAIL (236) & JUVENILE DETENTION (46) SOURCE: 1990 CENSUS SUMMARY TAPE FILE 3A / P70, P80A, PI 17 STUDY AREA 2 POLICE CALLS FOR SERVICE AND PART I A II CRIMES ( JANUARY 1,1994 - OCTOBER 31,1995 ) AREA 2 CONTROL AREA 2A STUDY AREA 2A STUDY AREA 2B POLICE CALLS FOR SERVICE 622 886 725 CALLS FOR SERVICE PER 1,000 963 2,669 4,708 PART I & II CRIMES 373 398 438 PART I All CRIMES PER 1,000 577 1,199 2344 STUDY AREA 2A +% ABOVE CONTROL / -% BELOW CONTROL +42%177%+7% \ +108% STUDY AREA 2B +% ABOVE CONTROL / -% BELOW CONTROL +17%+489%+17%+393% SOURCE: NEWPORT NEWS POLICE DEPARTMENT CRIME ANALYSIS UNIT 13 ADULT MERCHANDISEADULT BOOKSTORE 22-Feb-96 CONTROL AREA 2B / STUDY AREA 2 SOCIO-ECONOMIC DATA AREA 2 AREA CONTROL AREA2B STUDY AREA 2A STUDY AREA 2B LAND (ACRES) 104 85 78 1990 POPULATION PERSONS 557 332 154 PERSONS /ACRE 5.4 3.9 2.0 1990 HOUSING UNITS HOUSINC UNITS 265 111 116 UNITS /ACRE 2.5 1.3 1.5 1990 UNEMPLOY -MENT RATE* 15.6V. 3.6V. 3.0V. 1989 MEDIAN HOUSEHOLD INCOME • $8,198 $15,056 $12,522 1990 % BELOW POVERTY LEVEL * 49.7% 28.5% 33.4% * COMPUTED SOURCE: 1990 CENSUS SUMMARY TAPE FILE 3A / P70, P80A, PI 17 '*«»*•' I STUDY AREA 2 POLICE CALLS FOR SERVICE AND PART I A II CRIMES ( JANUARY 1,1994 - OCTOBER 31,1995 ) AREA 2 CONTROL AREA 2B STUDY AREA 2A STUDY AREA 2B POLICE CALLS FOR SERVICE 1,078 886 725 CALLS FOR SERVICE PER 1,000 1,935 2,669 4,708 PART I All CRIMES 506 398 438 PART I & II CRIMES PER 1,000 908 1,199 2^44 i ! [STUDY AREA 2A +% ABOVE CONTROL /-% BELOW CONTROL -18% STUDY AREA 2B +% ABOVE CONTROL /-% BELOW CONTROL -33V. +37% 1 -21% +32% | +143% -16% 1 +213% SOURCE: NEWPORT NEWS POLICE DEPARTMENT CRIME ANALYSIS UNIT GO-GO BAR ADULT BOOKSTORE ADULT VIDEO ADULT MERCHANDISE *NIGHTCLUB IV. IMPACTS ON NEARBY PROPERTIES Studies in other cities indicate that adult uses have a negative effect on property values nearby. There also is evidence from the Austin, Texas study that mortgage lenders consider adult uses in a neighborhood to be evidence that an area is in decline, thus making financing more difficult Indianapolis, Indiana The Indianapolis study concluded that residential properties in study areas appreciated in value at one-half the rate of control areas. Appraisers felt that there is a negative impact on residential and commercial property within one block of an adult bookstore. The negative impact decreased with distance from the bookstore. The negative impact was greater for residential properties than commercial properties. Los Angeles, California The Los Angeles report surveyed 400 real estate professionals with 20 percent responding. Eighty-eight percent felt that the concentration of adult businesses would decrease the market value of business property located in the vicinity. Sixty-eight percent felt the concentration would decrease the rental value of business property. Fifty-nine percent felt the concentration would decrease the rentabiiity/salability of business property nearby. Seventy-three percent felt the concentration would decrease the annual income of businesses located in the vicinity. Ninety percent felt the concentration of adult uses would decrease the market value of private residences within 1,000 feet, 86 percent felt the concentration would decrease the rental value of residential property, and 90 percent felt the concentration would decrease the rentabiiity/salability of residential property within 1,000 feet. St. Paul, Minnesota The study Effects on Surrounding Area of Adult Entertainment Businesses indicated there was a correlation between deteriorating housing values, crime rates and the location of adult businesses. It also concluded that there was a stronger correlation with neighborhood deterioration after the establishment of an adult business than before. Austin, Texas A survey of real estate appraisers and lenders in Austin, Texas found that 88 percent of the respondents believed an adult bookstore would decrease residential property values within one block. They noted adult businesses nearby 17 made homes less attractive to families, which reduces demand and property values. Newport News, Virginia The Hilton Village Merchants Association, the Gateway Area Merchants, and the Citizens for the Hilton Area Revitaltzation have stated their desire for the City to regulate adult uses. These citizens fear that additional adult uses in Hilton Village and Rivermont will contribute to the deterioration of the area. They have advocated strengthening the City's control over adult uses. Realtors knowledgeable of local market conditions have indicated that having adult uses nearby can reduce the number of people interested in occupying a property by 20 to 30 percent, and will hurt property values and the resale of property in adjacent residential neighborhoods. Members of the Virginia Peninsula Association of Realtors' Board of Directors and the VPAR Governmental Affairs Committee were surveyed on the impact adult uses have on property values. Of 38 questionnaires sent out, 1 4 (37 percent) responded. The responses are summarized in Table 4. A very high percentage of Realtors, 1 3 of 1 4 responding (93 percent), thought that having adult uses within one block of residential properties would most likely decrease residential property values. Five Realtors (36 percent) thought commercial property values within one block of adult uses would decrease. Another five (36 percent) thought there would be no change. One (7 percent) thought commercial property values would increase. Two (14 percent) were undecided-indicating commercial property values could either decrease, stay the same, or increase-and one (7 percent) did not respond because she was not a commercial broker. Those who thought commercial property values would decline cited concerns for personal safety, increased crime, noise, strangers in the neighborhood, and parking problems. One wrote that few residents or businesses would choose to be near any of the adult uses. Another indicated adult uses drove away family oriented businesses. Those who thought commercial property values would not change within one block of an adult use wrote that property values may decrease depending on the appearance of the store front, the type of adult use, or if there were concentrations in a small area. One wrote that the public perceived that these uses attracted undesirable people. 18 r Of the undecided responses, the Realtors indicated the effect on commercial property values depended on the type of adult use. There were other comments that the impact on property values is lessened when the adult use is two or three blocks away, and that adult uses generally locate in declining areas needing revitalization. Table 4 Impact of Adult Uses on Property Values within one Block _|| Decrease Impact on Residential Property Value Impact on Commercial Property Value 13 (93%) 5 (36%) No Change 1 (7%) 5 (36%) Increase I Undecided 0 (0%) 1 (7%) 0 (0%) 2 (14%) No Response 0 (0%) 1 (7%) V. CONCLUSION Studies in other cities indicate that having adult uses nearby leads to increased crime and declining property values. In Newport News, the police calls for service indicate adult uses experience crime problems that impact on nearby neighborhoods or businesses. Pairing comparisons of selected adult uses with restaurants that have ABC licenses but are not adult uses, indicate the adult uses have more police calls for service. Control area comparisons suggest that police calls for service and crimes are higher in areas with concentrations of adult uses. A survey of Realtors indicates that adult uses will lessen nearby residential property values, and may lessen nearby commercial property values depending on the type of adult use and the amount of concentration. These studies indicate that the regulation of adult uses is warranted. To better regulate adult uses, most cities use the Detroit, Michigan ordinance as a model. The Detroit ordinance encourages spatial separation of adult uses, and separation of these uses from residential areas. The amount of separation is 500 to 1,000 feet which is the equivalent of one to two city blocks. 19 The proposed Newport News ordinance defines adult uses and would limit their location to the C2 Retail Commercial, C2-A General Commercial, and RBD Regional Business District zones. Conditional use permits would be required for new adult uses. In the C2 Retail Commercial zones and C2-A Commercial zones, new adult uses must maintain a separation of 500 feet from other adult uses, churches, schools, parks, libraries and playgrounds. The ordinance recommends that the separation from residentially zoned property fronting on the same street be 500 feet; otherwise, the separation shall be 200 feet. Separation would not be required downtown in the RBD Regional Business District zone. 20 EXHIBITS i A. Maps of Adult Uses B. Dispatch Codes and Police Calls for Service I C. Photographs of Adult Uses D. Proposed Adult Use Ordinance D-1 Article II. Definitions i D-2 Article IV. Section 422. Adult Uses Much 14, 1908 21 EXHIBIT A-1 9 - Solid Gold Restaurant 13 - Marylee Restaurant 15 - Moonlight Restaurant 16-OCR Social Club 20 - The Arcade Adult uses subject to confirmation by businesses *NIGHTCLUBADULT MERCHANDISEADULT VIDEOADULT BOOKSTOREGO-GO BAR EXHIBIT A-2 1 - JB's Gallery of Girls , Adult uses subject to confirmation by businesses * ADULT MERCHANDISEADULT VIDEOADULT BOOKSTORE EXHIBIT A-3 7 - The Katt 19 - Fox Den Lounge 31 - Heartbreak Alley Adult uses subject to confirmation by businesses GO-GO BAR ADULT BOOKSTORE ADULT VIDEO ADULT MERCHANDISE *NIGHTCLUB EXHIBIT A-4 3 - RB's Gentlemen Club (formerly Debs Dollhouse) 5 - The Rame li 22 - The Video Store 25 - Video X-Cel 30 - Cozzy's Comedy Club \ Adult uses subject to confirmation by businesses ADULT BOOKSTOREGO-GO BAR ADULT VIDEO ADULT MERCHANDISE NIGHTCLUB EXHIBIT A-5 4 - The New Bluebeard/JB's Gallery of Girls #7 Adult uses subject to confirmation by businesses Ig GO-GO BAR ADULT BOOKSTORE A ADULT VIDEO ADULT MERCHANDISE *NIGHTCLUB EXHIBIT A-6 10 - Bijou Cafe 23 - The Video Store II 28 - Callabash Adult uses subject to confirmation by businesses *NIGHTCLUBADULT MERCHANDISEADULT BOOKSTORE ADULT VIDEOGO-GO BAR EXHIBIT A-7 24 - Video XXXtra 33 - Mitty's Adult uses subject to confirmation by businesses GO-GO • • JO BAR ADULT BO*BOOKSTORE ADULT VIDEO ADULT MERCHANDISE | NIGHTCLUB EXHIBIT A-8 I»JB**^ '•*!«»»' ; 32 - Manhattan's - 34 - Wipeout Eddy's Adult uses subject to confirmation by businesses GO-GO BAR ADULT BOOKSTORE ADULT VIDEO ADULT MERCHANDISE NIGHTCLUB EXHIBIT A-9 26 - Newport Video Adult uses subject to confirmation by businesses GO-GO BAR ADULT BOOKSTORE A ADULT VIDEO ADULT MERCHANDISE *NIGHTCLUB EXHIBIT A-10 29 - Chi-Chi's Adult uses subject to confirmation by businesses ADULT MERCHANDISEADULT VIDEOADULT BOOKSTORE EXHIBITA-11 2 - RD's Gallery of Girls Adult uses subject to confirmation by businesses ADULT BOOKSTORE ADULT MERCHANDISE EXHIBIT A-12 27 - Video Quarters Adult uses subject to confirmation by businesses ADULT MERCHANDISEADULT VIDEOADULT BOOKSTOREGO-GO BAR EXHIBIT A-13 R2-C 6 - Bluebeard Go-Go II Adult uses subject to confirmation by businesses *NIGHTCLUBADULT MERCHANDISEADULT BOOKSTORE ADULT VIDEOGO-GO BAR EXHIBIT A-14 8 - Buck's Brand Steak and Seafood House 14 - The Junction Restaurant 17 - DD Corral Adult uses subject to confirmation by businesses I t—L =!» 1 if NIGHTCLUBADULT MERCHANDISEADULT BOOKSTORE ADULT VIDEOGO-GO BAR B DISPATCH CODES AND POLICE CALLS FOR SERVICE January 1, 1994 - October 31, 1995 CODES ABCV - Alcohol Violation ASDW - Assault, Deadly Weapon ASLT - Assault CODE - City Code Violation DEPR - Destroying Property DISO - Disorderly Conduct DMAS - Domestic Assault DMST - Domestic Problem DUIA - Driving Under the Influence FGHT - Rght/Riot GUNS - Gunshot Report HOMI - Homicide IGUN - Individual W/Gun INTX - Intoxicated Person JUVN - Juvenile Problems NUIS - Nuisance NO. OF CALLS 2 1 25 1 18 151 5 11 5 60 1 0 15 39 1 12 CODES PARK - Parking Violation PBAS - Public Assistance RAPE - Rape ROBB - Robbery, Business ROBI - Robbery Individual SHOT - Shooting STAL - Stalking STLV - Stolen Vehicle SUSP • Suspicious Person SUSV - Suspicious Vehicle SXOF - Sex Offense TAMP - Tampering W/Auto TRAP - Traffic Problem TRES - Trespassing UNSP - Unspecified VDCA - Violation of Drug Control Act NO. OF CALLS 12 8 0 1 1 4 1 4 16 8 1 1 0 7 9 5 AADISPATCftCOD(ALF) EXHIBIT C 1. JB's Gallery of Girls, 5825 Jefferson Avenue 2. RO's Gallery of Girts, 14872 Warwick Boulevard </>Q. IUO 3. RB's Gentlemen Club (Deb's Dollhouse), 9956 Warwick Boulevard 4. The New Bluebeard/JB's Gallery of Girls #7, 606 Dresden Drive coaMOmo 5. The Flame II, 9921 Jefferson Avenue 6. Bluebeard Go-Go II, 15674 Warwick Boulevard :oum TOSHOTAtt SHUTDOII WEEK TO 601 coauiocoo 7. The Katt, 7824 Warwick Boulevard 8. Buck's Brand Steak and Seafood House, 16906 Warwick Boulevard UIOcao 9. Solid Gold Restaurant 10. Bijou Cafe, 11312 Jefferson Avenue I uo 13. Marylee Restaurant, 100 33rd Street 14. The Junction Restaurant, 16916 Warwick Boulevard '***' (/MLmomo 15. Moonlight Restaurant, 3504 Washington Avenue 16. JCR Social Club, 3410 Washington Avenue 17. DD Corral, 16912 Warwick Boulevard 19. Fox Den Lounge, 6045 Jefferson Avenue 20. The Arcade, 3404 Washington Avenue UC T 21. Mr. D's, 9902A Warwick Boulevard 22. The Video Store, 9903B Jefferson Avenue </)&uotoo T (00. UQ 23. The Video Store II, 11299 Jefferson Avenue 24. Video XXXtfa, 811 Old Oyster Point Road (00.Ul© 25. Video X-Cel, 9509 Warwick Boulevard 26. Newport Video, 13772 Warwick Boulevard 27. Video Quarters, 15320E Warwick Boulevard 28. Callabash, 11234 Jefferson Avenue 29. Chi-Chi's, 12755 Jefferson Avenue 30. Cozzy's Comedy Club, 9700 Warwick Boulevard 31. Heartbreak Alley, 100 West Newmarket Square 32. Manhattan's, 601 Thimble Shoals Boulevard coaIUQ 33. Mitty's, 1000 Omni Boulevard 34. Wipeout Eddie's, 11712 L & K Jefferson Avenue 035 EXHIBIT D-1 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN APPENDIX A, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II, DEFINITIONS, SECTION 201, DEFINITION OF CERTAIN WORDS AND TERMS. BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Appendix A, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article II, Definitions, Section 201, Definition of Certain Words and Terms, be, and the same hereby is, amended and reordained to provide as follows: APPENDDCA ZONING ORDINANCE ARTICLE II. DEFINITIONS Section 201.Definition of certain words and terms. A. For the purpose of this ordinance, certain words and terms are herewith defined as follows: 1. Accessory building or use. A building or use subordinate to the main building or use on the same lot and serving a purpose customarily and naturally incidental to the main building or use. 2. Acreage. Any parcel of land described by metes and bounds and not shown on a plat of a recorded subdivision legally admitted to record. 3. Adult book store. Any commercial establishment having its stock and trade in books, films, video cassettes, (whether for viewing off premises or on premises), magazines and other periodicals, or sex aids or paraphernalia of which more than 25 percent are distinguished or characterized by their emphasis on or having as its dominant theme or purpose, matters depicting, describing or relating to sexual activities. 4. Adult entertainment establishment. Any: establishment where live performance, display or dance of any type, which; has a significant or substantial portion of such activity or, when considered as a whole, has as its dominant theme or purpose, any actual or simulated performance of sexual activity, removal of artides;;Of clothing or appearing unclothed. 5. Adult motion picture theater. An establishment, which exdudes.min^ reason of age, andTvruch is regularly usedv for;presenting material characterizediby. oi.owhafrconsidered^ as' a wholevhavin& as its "**' -I ^ rt ** - •purpose, empKasis ori matters depicting, describing or relating to sexual observation-by a'patroir therein: 6. Adult vsexz-Any adidtbbok store, adult entertainment motion picture theater or nightclub. 73r Alley. A permanent service way providing a secondary means of access to abutting properties. 84r Alterations. Changes, improvements, and replacement of parts, in buildings or structures not affecting the supporting members of such buildings or structures. 95r Apartment house. See "Dwelling—multiple." 106r Basement. A story having not more than one-half (1/2) of its height below the level of a street grade or ground nearest the building. A basement shall not be counted as a story for the purpose of height regulation. 11^. Block. The area fronting on the same side of a public street or road situated between two (2) street intersections, except that where the distance between such street intersections is greater than one thousand two hundred (1,200) feet, the area fronting on the same side of a public street or road not more than six hundred {600) feet on either side of the parcel, lot or tract of land being considered as a building site shall be considered to be a block for the purpose of this ordinance; provided further, that in case of a dead-end or cul-de-sac street, the intersection of the circular right-of-way with the extension of the street, the centerline shall be considered the terminus of the block. 128. Boardinghouse. Any dwelling, other than a hotel, where meals, or lodging and meals, for compensation, are provided for five (5) or more persons. 139. Boat basin. A place for launching, docking or storage of small pleasure boats. 14-K). Building. Any structure for the shelter, support or enclosure of persons, animals, chattels, or property of any kind. 15-H-. Buildable width or buildable depth. The width or depth respectively of that part of the lot not included within the front, side or rear yard. . Cellar. A story having more than one-half (1/2) of its height below the level of a street grade or ground nearest the building. A cellar shall not be included in computing the height or number of stories of buildings referred to in any section of this ordinance. .1. Commercial vehicles, large. A self-propelled or towed vehicle with a gross vehicle weight exceeding ten thousand (10,000) pounds and having one or more of the following characteristics: a. Licensed for hire; b. Lettering exceeding three (3) inches in height; c. Tire rims larger than sixteen (16) inches; d. Tandem axles; e. Dual wheels; f. Height greater than eight (8) feet; g. Length greater than twenty-four (24) feet; •***»»' h. Lighting designed for emergency vehicles i. Air brakes; j. Permanently affixed mechanical or construction equipment; k. Designed to be used for or to be used to transport commercial, farm or construction equipment. The gross vehicle weight that is reflected on state vehicle registration documents shall be prima facie evidence of a vehicles gross weight. .2. Commercial vehicles, small. A self-propelled or towed vehicle with a gross vehicle weight of ten thousand ( 10,000) pounds or less and having one or more of the following characteristics: a. Licensed for hire; b. External racks or other devices used to hang ladders, pipes or other equipment or materials; c. Lettering exceeding three (3) inches in height; d. Lighting designed for emergency vehicles; e. Logos or three-dimensional sculptures, letters or numbers representing anything other than the manufacturer or model of vehicle. For purposes of this definition, any wrecker or tow truck with a gross vehicle weight of sixteen thousand five hundred (16,500) pounds or less shall be considered a small commercial vehicle, provided that the wrecker or tow truck owner is on the list of approved wrecker or tow truck operators maintained for use in emergency situations by die Newport News Police Department or the Virginia State Police. The gross vehicle weight that is reflected on state vehicle registration documents shall be prima facie evidence of a vehicles gross weight. . Court, enclosed. An open, unoccupied space surrounded on all sides by walls or by walls and an interior lot line. 18+4. Court, open. An open, unoccupied space surrounded by walls except that one side opens onto a street, alley or yard. 19-J-5. Clinic. An establishment where persons who are not lodged overnight are admitted for examination and treatment by a group of physicians or similar professionals practicing together. 2CH-6. Clubs. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for social, educational or recreational purposes, but not primarily for profit or to render a service which is customarily carried on as a business. 214-?. District, zoning. Any section of the City of Newport News, Virginia, for which regulations governing the use of buildings and land, the height of buildings, the size of yards and the intensity of use are uniform. . 1 . Developed site. An area of improved property that independently meets all requirements of the site plan ordinance. 224$. Dwelling. Any building or portion thereof, designed or used exclusively for residential purposes. 224-8. 1 . Dwelling-high rise. A multi-story dwelling building in which elevator service is provided for access to all floors. 233-9. Dwelling-one-f amity. A dwelling building designed for or occupied exclusively by one family. 2420. Dwelling-two-f amity. A dwelling building providing housekeeping units for not more than two (2) families with no interconnection between the two (2) units except that it may have a single entrance; all other exterior characteristics shall be that of a one-family dwelling. Two (2) single housekeeping units connected by a breezeway or corridor shall be classified as a two-family dwelling. 2524-. Dwelling-multiple, A dwelling building or portion thereof which is occupied by or designed for occupancy by three (3) or more families occupying housekeeping units. 2622. Dwelling unit. See: " " Housekeeping unit." IS 2733. Family. An individual or married couple and the children thereof with not more than two (2) other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five (5) unrelated (excluding servants) persons, living together as a single housekeeping unit in a dwelling unit. 2824. Farm. A tract of land used for the production of crops or for the raising of animals. 292$. Floor area ratio. The combined area exclusive of any space within the building used for parking or for recreational use defined in this ordinance, of all floors of all buildings on a premises expressed as a percent of the total lot area of the premises or in lieu of total lot area, the adjusted lot area as defined in this ordinance. 3026. Frontage. All the property on one side of a street between two (2) crossing or terminating intersecting streets measured along the line of the street, or if the street is dead-ended then all of the property abutting one side between an intersecting street and the dead-end of the street. For lots fronting on the turnaround portion of a cul-de-sac, the frontage shall be that portion of the lot abutting upon the turnaround as measured along the circumference of the circular right-of-way. 312?. Garage, accessory. An accessory building designed or used only for the storage of self-propelled vehicles owned and used by the occupants of the building to which it is accessory. 3228. Garage, repair. Any premises, except those described as an accessory storage garage, used for the storage of self-propelled vehicles or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale. 3329. Garage, storage. Any premises, except for those described as an accessory or repair garage, used exclusively for the storage or parking of self-propelled vehicles. 3439. Grade. The highest level of finished ground surface adjacent to the exterior walls of a building which faces a street. 3430.1. Gross leasable area. All floor area within a building or mall intended for lease, rent or use by tenants. Space in malls used exclusively for public ingress/egress shall not be included therein. 3531. Height of building. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. . Home for the aged, nursing home, convalescent home and rest home. A home for the aged or infirm in which one or more persons not of the immediate family are received, kept or provided with food, shelter and care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. 3733. Home occupation. Any occupation or activity which is dearly incidental to the use of the premises for dwelling purposes that constitutes entirely or partly the livelihood of a member of a family residing on the premises. 3834. Hotel. Any building occupied as the abiding place of persons, who are lodged with or without meals, in which, as a rule, the rooms are occupied singly for hire, and in which there are more than ten ( 10) sleeping rooms, and from which ingress and egress are made through an inside lobby or office supervised by a person in charge at all hours. 3935. Housekeeping unit. A room or combination of rooms containing living, sleeping and kitchen facilities for one family. 4036. Kennel. Any premises, land or building, enclosed or unenclosed, wherein or whereon more than three (3) dogs, three (3) cats or other similar domesticated animals are housed or kept When such animals are not raised or bred for sale, then in determining the number for the purposes of this ordinance, animals under the age of four (4) months shall not be considered. . Lodginghouse. A dwelling other than a hotel where lodging for compensation is provided for five (5) or more persons. 4238. Institution. A nonprofit corporation or a nonprofit establishment for public use. 4339. Junkyard. Any lot used for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. v~ Junkyard" shall include automobile graveyard, as defined in the state laws. 4440. Loading space. A space within the main building or on the premises providing for the standing, loading or unloading of trucks. 4544-. Lot. Any tract of land described by metes and bounds in a recorded deed or on a subdivision plat of record which possesses or is in the process of being assigned a number for tax assessment identification purposes. 4643. Lot area, adjusted. The total lot area plus any creditable additional area as prescribed in Article XXII which is used for offstreet parking, recreational or other open purposes. 4743. Lot area, open. Any portion of a lot or same premises not covered by a building or structure and which is open, usable and accessible to all persons who occupy dwelling units on the same premises. 4844. Lot area, total. The gross area of a lot or premises computed from the exterior horizontal lot dimensions. 4945. Lot, corner. A lot abutting upon two (2) or more streets at their intersection, the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot. 5046. Lot, double frontage. An interior lot having frontage on two (2) streets. 514-?. Lot, interior. A lot other than a corner lot. 5248. Lot lines. Lines bounding a lot, as defined herein. 5349. Lot of record. A lot which has been recorded in the office of the clerk of the appropriate court prior to the passage of this ordinance. |>450. Lot width. The horizontal distance between the side lot lines at the minimum building setback line established by front yard requirements of this ordinance and/or by a recorded subdivision plat. 5450.1. Mall. An enclosed common pedestrian area serving more than one tenant located within a covered mall building. 5450.2. Mall building, enclosed. A single building or series of connected buildings having a total gross floor area in excess of four hundred thousand (400,000) square feet, enclosing a number of tenants and occupancies such as retail stores, drinking and 8 dining establishments, entertainment and amusement facilities, offices and other similar uses wherein all tenants have a main entrance into one or more common endosed-malls. 5554-. Manufacture and/or manufacturing. The processing and/or converting of raw, unfinished or finished materials, or products, or any or either of them, into an article or articles or substance of different character, of for use for a different purpose; industries furnishing labor in the case of manufacturing or the refmishing ol manufactured articles. 5653. Marina. A place for the launching, docking, storage, repair and sale of fuel and accessory equipment for small boats. 5755. Motel. A building or group of buildings containing sleeping accommodations for ten (10) or more persons not members of a resident family and used for temporary occupancy of transients and containing cooking facilities in not more than fifty (50) percent of the individual units, and from which egress and ingress is made to rooms from individual outside entrances. 57yt?5. Extended stay motel. A building or group of buildings containing sleeping accommodations for ten (10) or more persons not members of a resident family and used for temporary occupancy of transients and containing cooking facilities in more than fifty (50) percent of the individual units, and from which egress and ingress is made to rooms from individual outside entrances. For the purpose of construction, the lot area and dimensional regulations of the R2-C multiple family dwelling district shall apply. liveg^ar^j^^i^tesrlow^f-v •-•:^a^v%Mm-&mm gl^p.p.^glfefe. 5954. Nonconformingusc. Any lawful use, in existence at the time of the adoption of this ordinance and not prohibited by the zoning ordinances of the former cities of Newport News and Warwick, notwithstanding that such use does not conform with the regulations of the zoning district in which it is situated. 6055. Off-street parking area. Space provided for vehicular parking outside the dedicated street right-of-way having a dimension of not less than nine (9) feet in width and twenty (20) feet in depth for each vehicle space, exclusive of any necessary area for BECO ingress and egress. 6156. Outlets. Lots that do not meet the requirements of this ordinance as to minimum width and depth. . Pen. A small enclosure used for the concentrated confinement and housing of animals or poultry, as a pig pen, a place for feeding and fattening animals; a coop, an enclosure within an enclosure. A pen is not to be construed to be a pasture or range. 6358. Premises. A parcel of land together with any building or structures occupying it. 6358. 1 . Shopping center. A developed site designed and developed as an entity and containing a variety of uses primarily oriented to retail and service commercial. 6358.2. Recreational vehicle. A self-propelled or towed vehicle, designed or constructed so as to transport people or property in connection with recreation and/or which may be used as a temporary dwelling. Such vehicles include, but are not limited to, travel trailers, utility trailers, pickup campers or coaches, motor homes, tent trailers, boats and boat trailers, amphibious houseboats, or similar recreational vehicles. 6459. [Reserved.] 6560. Stable, private. A stable with a capacity for not more than four ( 4) horses or mules, 666-K Service station (gasoline station) . Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories including lubrication or servicing of automobiles and replacement or installation or minor parts and accessories, but not including major repair work such a motor overhaul, body repair or spray painting. . Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. 6&63. Story-half. A story immediately under a sloping roof, which has the point of intersection of the top line of the rafters and the face of the outside walls not to exceed three (3) feet above the top floor level, the floor area of which does not exceed 10 two-thirds of the floor area immediately below it, and which does not contain an independent apartment. 6964. Street. The principal means of access to abutting properties whether called place, avenue, boulevard, drive, lane, road, but not including alley. 7065. Street line. A dividing line between a lot, tract or parcel of land and a contiguous street. 7166. Structural alteration. A change in any of the supporting members of a building. (See also ^alterations.") 7267. Structure. Any construction or any production or piece of work artificially built or composed of parts joined together. The word " structure" specifically includes signs and billboards, but not paving such as driveways, walkways, patios, etc. 7368. Tourist home. A dwelling in which overnight accommodations are provided or offered for compensation for one or more transient persons. 7469. Trailer (mobile home). Any structure designed or constructed so as to permit occupancy as a temporary or permanent living or sleeping facility which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. 7570. Trailer park (mobile home park). An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for trailers or mobile homes intended to be used as temporary or permanent living facilities. -. Yard . An open space between a building or use and the adjoining lot lines, unoccupied or unobstructed by any portion of a structure or use from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the building or yard shall be applied. 7773. Yard, front. Open land area extending across the full width of a lot and lying between the front lot line and the principal building(s) or use(s). . Yard, rear. Open land area extending across the full width of the lot and lying between the rear lot line and the principal building(s) or use(s). 11 |»w 7974. Yard, side. Open land area between the side lot line and the principal building(s) or use(s), and extended from the front yard to the rear yard. 79?4A. Yard, required. The open land area between the minimum setback lines required in a zoning district, and the lot lines. 12 ;034(a) EXHIBIT D-2 ORDINANCE NO. AN ORDINANCE TO AMEND AND REORDAIN APPENDIX A, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV, GENERAL REGULATIONS APPLICABLE WITHOUT REFERENCE TO ZONING DISTRICTS, BY ADDING THERETO A NEW SECTION, DESIGNATED SECTION 422, ADULT USES. BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Appendix A, Zoning Ordinance, of the Code of the City of Newport News, Virginia, Article IV, General Regulations Applicable Without Reference to Zoning Districts, be, and the same hereby is, amended and reordained by adding thereto a new Section, designated Section 422, Adult Uses, to provide as follows: APPENDIX A ZONING ORDINANCE ARTICLE IV. GENERAL REGULATIONS APPLICABLE WITHOUT REFERENCE TO ZONING DISTRICTS Section 422.Adult uses. A. Within the City, it is acknowledged that there are some uses, often referred to as adult uses, which because of their nature can have a negative impact on nearby property, particularly when several of them are concentrated under certain circumstances or located in direct proximity to a residential neighborhood, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects. The definition of adult uses is found in Section 201 of this Appendix. B. No adult use shall be permitted except in RBD, C-2 and C-2A Districts. A conditional use permit, as provided for in Article XXA of this Appendix, is necessary for the establishment of an adult use. A conditional use permit may be issued by the City Council after recommendation by the Planning Commission and finding that the location, size, design and operating characteristics of the proposed adult use will be compatible with and will not adversely affect or be materially detrimental to neighboring uses. C. No structure containing an adult use in the C-2 or C-2A districts shall be located nearer than 500 feet to: a. Any school, church, park, playground or a library property; b. Any other adult use; c. Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; Otherwise, the minimum distance from such structures to a residential zone shall be 200 feet. For the purposes of this subsection, distances shall be measured on a straight line (1) from the structure containing the adult use to the nearest point of the property named in "a" or "c" above, or (2) between the structure containing the adult use and the structure containing any other adult use. 14 City of Oklahoma City COMMUNITY DEVELOPMENT DEPARTMENT Planning Division ADULT ENTERTAINMENT BUSINESSES IN OKLAHOMA CITY A SURVEY OF REAL ESTATE APPRAISERS March 3, 1986 The City of •vjKlahoma City Community Development 200 N Wolke« OUohomo City. OUa. 73102 February 3, 1986 Dear Oklahoma City Appraiser, The City of Oklahoma City has recently adopted a new ordinance that will regulate the location of adult entertainment businesses. Adult entertainment businesses are defined in our ordinance as those which emphasize acts or materials depicting or portraying sexual conduct. These businesses include "Adult Bookstores," clubs with nude dancers, theatres which show sexually explicit movies, etc. In an effort to more completely analyze the impact of adult businesses on surrounding properties, Planning Division asks for your help in establishing a "best professional opinion" on the matter. As a real estate professional, the opinions you share with us on the enclosed survey forms would be very valuable to us in the development of a local data base for this sensitive land use issue. Thank you very much for your assistance. Sincerely, Carl Friend Principal Planner CF:SK:dar cc: Pat Downes H. D. Heiser COMMUNITY DEVELOPMENT DEPARTMENT Planning Division CITY OF OKLAHOMA CITY TO: Professional Real Estate Appraisers Please help us in this brief Oklahoma City survey. The information provided will help us establish an important data base regarding adult entertainment businesses. The first four questions relate to the hypothetical situation presented below. The last three questions refer to actual situations in Oklahoma City that you might be aware of. A middle income residential neighborhood borders an arterial street that contains various commercial activities serving the neighborhood. There is a building that was 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 oresently available in the neighborhood. Please indicate your answers to questions 1 through 4 in the blanks provided, using the scale A through G. SCALE: A Decrease 20% or more B Decrease more than 10% but less than 20% C Decrease from 0 to 10% D No change in value E Increase from 0 to 10% F Increase more than 10% but less than 20% G Increase 20% 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 values of the COMMERCIAL property within ONE block of the bookstore to be affected? 3) How would uou expect the average values of RESIDENTIAL property located THREE blocks from the bookstore to be affected? 4) How would you expect the average values of COMMERCIAL property located THREE blocks from the bookstore to be affected? 5} Are you aware of the existence of adult entertainment businesses in Oklahoma City? 6) What is your opinion as to the effect of these businesses on surrounding properties? 7, sp.cifi«lly. ho- do you think these businesses affect the surrounding property? Are you a member of: MAI ASA SHEA other Your name or agency (If you prefer not to give your name, please check here ) Thank you for your cooperation. Please return this questionnaire in the postage paid envelope provided for your convenience. METHODOLOGY On February 7, 1986, 100 questionnaires were mailed. All real estate appraisers in Oklahoma City listed in the Yellow Pages were included in the survey. As of March 1, 1986, 34 (34%) of the questionnaires had been completed and returned. Real estate appraisers do not receive certification from the State of Oklahoma; however, 26 of the respondents (76%) belonged to a professional organization. The table below suntnarizes the objective part of the questionnaire. Subjective coiments are discussed in a separate section of this report. SCALE QUESTIONS A 11 (32%) 7 (21%) 4 (12%) 4 (12%) Decrease 205= or more 8 8 (24%) 9 (26%) 3 (9%) 3 (9%) Decrease 10« - 20% C 6 (18%) 10 (29%) 10 (29%) 7 (21%) Decrease 0 - 10% D 9 (26%) 8 (242) 17 (50%) 20 (59%) No change in value E,F, and G were positive values—not checked by anyone OKLAHOMA CITY REAL ESTATE APPRAISER SURVEY RESULTS .-•-••- • . -- ri_; The 100% survey of real estate appraisers in Oklahoma City produced results that were consistent in virtually all respects with the result of the national survey of appraisers carried out by the city of Indianapolis. Respondents overwhelmingly (74%) indicated that an adult bookstore would have a negative effect on residential property values in the hypothetical neighborhood described if they were within one block of the premises. 32% felt that this depreciation would be in excess of 20%, wheras 42% foresaw a decrease in value of from 1% to 20%. (Comparative national figures are 78'*, 19- and 59% respectively.) Seventy-six percent (76%) saw a similar decrease in commercial property values within one block of the adult bookstore. As in the national survey, fewer (21%} felt that a devaluation of over 20% would occur. The majority, (55~) saw the depreciation as being in the 1% to 20% range. (Comparative national figures are 69%, 10% and 59% respectively.) The negative impact fell off sharply when the distance was increased to three blocks. As in the national survey, there appears to be more of a residual effect on residential properties than on commercial properties. 50% of the appraisers felt that a negative impact on residential properties would still obtain at three blocks from the site. Only 12% felt that this impact would be in excess of 20*. The remaining 38% felt that depreciation would be somewhere in the 1% to 20* range. 50% saw no appreciable effect at all at three blocks. (Comparative national figures are 39%, 3* and 61%.) Commercial property was judged to be negatively impacted at three blocks by 41% of the survey. 59% saw no change in value as a result of the bookstore. (Comparative national figures are 23% and 76% respectively.) In summary: - The great majority of appnasers ( about 75%) who responded to this survey felt that there is a negative impact on residential and commercial property values within oneblock of an adultbookstore. - This nagative impact dissipates as the distance from the site increases, so that at three blocks,".half of the appraisers.felt that there is a negative impact on residential property and less than half felt that there is a negative impact on commercial property. RESULTS FROM SUBJECTIVE QUESTIONS Oklahoma City real estate appraisers were also asked for their opinions as to the effect of adult entertaiTiment businesses on surrounding properties. Most of the respondents discussed a variety of negative effects. Only five respondents (14*) said that adult entertainment business had very little effect on surrounding properties. Of these, three appraiser felt that these types of businesses located in commercial areas that were already blighted. All respondents indicated their awareness of the existence of adult entertainment businesses in Oklahoma City; many refered to the 10th and MacArthur location as a prime example of an undesirable cluster situation. Opinions are summarized below: Not good: attracts undesirables, threat to residents feeling of safety & security. - acts as a deterent to home sales Would you want your home or business next door? -forces good businesses out -tends to have a snowball effect -an immediate transition begins, with the better quality businesses moving out and a lower class business moving in (pawn shops, bingo parlors) -embarrassment to other businesses and cliental - late hours, parking- trash and debris - vandalism -children in the area in danger of adverse influence or by actual molestation by perverted people drawn to such establishments Typical shoppers and residents go elsewhere to shop, and, if they're able to live. If there is a large concentration of this type of business, there can be a very large loss in property value. -tends to prevent economic improvement in the area, effects the comnunity as to attracting other businesses -detrimimental impact on rental rates 15 Conducted by: PLASHING JEPARTMOTT CUT 0? PHOENIX M»y 25, 197? ADULT BUSINESS • STUDY PTTRODTICTICy <•. necessary premise for regulating adulc businesses by zoniag is chac a Land -.ise relation or ispacc results froo this form of business. Many zoning ordinances throughout che cacion now haw provisions based on one of rwo basic approaches ca cancrol the location of adulc businesses. One approach, sometimes known as che Detroit Model, divides or prevencs che cancencracion af aduic businesses ic an area. A certain distance from residential neighborhoods, churches, and schools is also maintained. Another approach, or che Bos can Model, Eos cars che concen- tration of adulc businesses in one area of che Cicy. Th.e Laccer approach has resulted in che more noteworthy problems. For instance, in Boston's concentrated, aduic business area char* is concral of signs, upgrading °c streets and sidewalks, renovation of stare fronts, and even che construction af a s.ew park. This scheme has aoc affected che high autober of scabbings, ourdars, and auggiaga «»hich tafca place in the dis cries. , at one ciae, Mew York Cicy had concentrated adult business districts. However, che police department reported chac crime complaints were alaost 70" higher an police posts wich adult businesses, as opposed ca posts without cheat. The reports showed higher rates of rape, robbery and assault. In one aduic business concentration around limes Square, sales caxcs dropped by 43% in a cvo-yeaz period, due co che loss of Z.5 cioes as many retail Jobs as che resc of Che Cicy. Hew York soon d rapped ics original adulc business ordinance and adapted an amend- ment which was patterned after che Detroit model. The Q«W ordinance also veac one step further than any other in che aacion when suggestion was Bade ca amortise all nonconforaing adulc businesses wichin one year. Thus, up co 8011 of the exlsciag sex businesses ware cersiaaced. -z- • la che Phoenix Zoning Ordinance aa a-endcenc concerning adult businesses bee0=2 •M effective an Xovesber 3, L977. It coo La patterned after che Cecraic =adel. Briefly, che- acendeenc in Section 417 staces chac: 1. Jfo adult business la Co be vichin 1,000 feet of any use in che sace category. 2. An aduLc business La noc permitted vichin SOO feet of a school or a reaidencial zone unless approved by City Council and area residents. A petition which is signed by 517, of che residents in che 500-foot ' radius who da noc abject muse be filed and be verified by the Planning Director. After the petition is completed the City Council cay consider waiving the 500-foot requirement. Adult businesses are being treated as a land use Issue by their relationship to impacts on their surrounding properties and on adjacent neighborhoods. Are che crime impacts noted in Boston and Hew York's districts directly relat*d to the adult business being there, or. to sone other societal variables in the neighbor- hood? Are they identifiable, and thus a probable cause for negative neighborhood reactions to nearby adult businesses? The Phoenix Ordinance was based on cvo hypotheses: first, chac there are direct impacts which uniquely relate to this class, of land use; and second, chat there are indirect1, buc equally potent, a.ttitudinal concerns which result crsnr proximity Co aa adult business. Examples of Che former are possible traffic congestion, unusual hours of operation, litter, noise, and criminal activity. Illustrating che latter is substantial testimony chac has indicated chat many neighborhood resldencs dislike living near an area containing an adult business. Also, financial institutions cake nearby adult businesses into account when financing -3- properties, finally, people's perceptions of criminal activtcy la .• reinforced by a greater incidence of sexual crimes in areas or c=c=«rcia.l districts containing adult businesses. In this study we will show chat chere is a relationship becveen arrests foe sexual crimes and locations of adulc businesses. This reLa.ci.on will correlate with concerns which have been expressed by residents o£ nearby residential neighbor- hoods of che nature of crimes associated with adult businesses. Sex crises appear Co generate substantial fears for che safety o£ children, women, and neighborhoods in general. Their association with adult businesses generates negative leages (as veil as real or portential hazards) and results in a lowering of che desirability and livabilicy of. an impacted- neighborhood. Thia study specifically shows that chere la a higher amount of sex offenses committed in neighborhoods in Phoenix containing adult businesses as opposed ca neighborhoods without cheat. In this project three study areas- were chosen — aeighborho: with adult businesses, and three control areas — neighborhoods without adulc businesse. which were- paired to certain population and land use characteristics. The amount: of property crimes, violent Crimea, and sex offenses from the year 1978 are compared ia each study and control erea. THE STUDY AND COMTROL ASEAS Three different study areas containing adult businesses were selected to collect criaa data. The ease side of Central Avenue was chosen for the location of two study areas, while Che wesc side has che third study area. Appendix I describes « more detailed process- of how each study area was derived. A control area has no adult business, but generally speaking, has similar popula- Clon characteristics of a matched study area in terms of: ill L. Siasber at residents 2» Median faaily incoae 3. Percencaje of non—vhice population 4. Median a^e of che population 5. Percencajc of duelling unica buiLc since L950 6. Percentage of acreage used residcncLally and aoa-residenci; Appendix tl icaces A note detailed process of how each concrol area Adulc business locacions are based on information furnished by Che ' D«p*rnneuc and verified by che Planning Oeparrsenc. -J -5- TABLE I TEE STUDY AND CONTROL AREA LOCATIONS AREA I Roosevelt. Street - Oak Street 16 ch Street - 32nd Street CONTROL AREA I Starring at 47th Avenue, east on Osborn Road, South on 35th Avenue, west on Thomas Road, South ou 39th Avenue, tfest on RooseveLt Street, North on 43rd Avenue, V«sc on McDowell Road, and North on 47th Avenue, to the point of beginning. STUDY AREA. II Oak Street - Osborn Road 32nd Stre«c - 40th Stre«t CONTROL AREA II Osborn Road - Campbell. Avenue 32nd Streec - 40th Street. STUDY AR£A HI Missouri Avenue - Campbell Avenue 19th Avenue - 27th Avenue CONTROL AREA III Missouri Avenue - Campbell Avenue 27th Avenue - 35th Avenue Figure I, following shows the boundaries of Che three study and concrol areas. f ' ««»»U«.<- ^ '! •• SCudy Area I contains cvo square ailes and one o£ che City's larsec C3r.csncra- cians of adul= businesses. These lacacions ace: 1702 E. McDowell Raad; 2339 ; McDowell Road; 2433 Z, McDowell Road, and 3155 E. McOowell Road. The cacchias populacion characceriscics at Study and ConeraL Area I are Listed belou in Table II. (Appendix III provides a. aore detailed process of how this daca was derived.) TABUS IT POPULATION CHARACTERISTICS OF STUDY AND : Study t Control I C Son-White 2471 247. CONTROL Building/ 1950-1970 S7S 93% AREA I Median Income Aee $7,675 19 S9,aS5 26 Land Use Commercial/Residential 317. 697. 387. 62Z The only substantial population characteristic differences in these tvo areas are in the age of homes builc betveerr 19SO and 1970. The concentrated adult business districc has a lietie over half of its hones builc after 1950. Whereas the control area, has almosc 93Z of ics housing builc after 1950. Study Area II is one square mile on the ease aide of the City, aad contains only one adult business within che square oile, ac 3640 Ease Thomas Road. Its control area, is to the tiorrh side of Che. Study Area. The comparison of populacion characteristics are shown in Table III. -7- TABLE III :; CHAaAcrausrics OF STUDY A:ro T .* • ^_ 1 M«.. Moci— «ni~e 7 L.Scudy II '*•* 4 t W««wtwfc ^ -^ autWlng/ Jtedlnit 1950-1970 rncoce Age 38.0 §10,779 36 92 5 $12.013 38J ^ 9 <• » * Land Use Con=erci» l/5les idenciai 187. 827. fld^fLLZ 897- m one ch Ch.Th« TABLE IV POPULATION CHASACTSaiSTICS OF STUDY AND Study IIX Concrol III >Ton-«hlCe 8.2 8.8 COKIROL AREA III Building/ 1950-1970 83Z 937. Median Age 29 28 Land Use Coreaereial/ReaidenciaI 29% 28Z 71Z 72Z OJ l-l O*-• 0M -ig§2 *c. t-t OO>• O a b Cl I- V) a u M a1-4 e as O aM C->-•a>• aa a MlC« Ooa es•vo p 8* oVO vO • «* VI toa in a a ua >,<j b 41 O O £o I a aa.5 " 1 o •sV X •—o »—ui Q u -2u — • 3«-< 3 «U « -J H «<Ojj - 3X < W81 aass41 25 b.e» U— oea -3b b 0K3 0 O C. u g8 ua a d> U•^ b -a c b41 u<-> a « (A a "a-J b a s-• M 3 41 S ba su «a a•s c. s 1 - u o E - 5 1 >. oU JJ U. b. C «-0 c O sax 1 > V) co::cmsio?;s '"• jTab I? V Fraoercv, Violent, and Sax Crises In Seleeeed Stud? Areas —1973^ is a tabulation of Che ntrsbec of crises coraicced and che race of chose crimes per 1,000 people Living- La each area, this cable is. on che following page. There appears co be a. significantly greater difference beeveen che scudy and control areas for sex crises Chan Car eicher property or- violeac crimes. The following Cable illustrates a coeparison of Che racio of che crine race of ehe scudy area co che concroI area: TABLE VT CXIME RATES AS A PERCOTAGE OF STUDY AREA TO COMTSOL AREA Study Propercy Violent Sex Sex Criaies Area Crimes Crimes Crimes Ctass Indecent ExDOsurcl " I 11 ni Average 1477. 173 10S 143% 14*;: 83 36 104Z 11357. 277 405 606Z 3S8Z 160 178 232Z 1C is observed. Chac chere are abouC 40Z more property crises and abouc che sane race of violeac crimes per 1,000 persons in che Scudy Areas as compared Co Che Control Areas. On. che ocfaer hand chere is an average of six does che sex crine race in the Study Areas as. compared with che Control Areas. Although che majority of sex rable 7 Prooercy. Violent, and Sex Crimes in Selected Study Areas—1978. was derived from ixxfomatiotx provided, by ehe City of Phoenix Police Department's Crime Analysis Unit and Planning and Research Bureau. The data from these two sections «as compiled by adding the number by type of crimes committed in police grids, which ar* quarter mile neighborhoods. Crimes are based on arrest records and do not reflect uldmace convictions. 1C has been assumed that, conviction rates vill be proportional to arrest rates. •« -9- crimes are Indecent Exposure, Che fourth column, illustrates chat the remainder ,« of the sex crime* also exhibit a significantly higher rate in the study areas. A detective- from the police department stated that most indecent exposure crimes were committed on. adult business premises. An example of this finding is in • Study Area I. In that location, 397. of the reported indecent exposure crimes were committed at the addresses of adult businesses. Where there Is a concentration of adult businesses, such as in Study Area I, the difference- in sex offense rates is moat significant. As stated earlier in the report this location has four adult businesses which are less than 1000 feet away from each other and less than 500 feet away from a residential district. There is also a higher dumber of sex offenses commit ted--S4 more crimes than in Study Area II, and 56 core crises than in Study Area m. Sinilarly, when compared to its Control Area, the sex crime rate, per 1,000 residences is over 11 ti=es as great in Study Area I. In the retraining study areas, which each contain a single adult business, their rates are four and. almost three- times as great. r ESTABLISHMENT OF STUDY AR£A 30U::DAaiZS The process o£ defining che Study Area Boundaries was conducted in che following canner: L. Locations of adult businesses Ln Phoenix vere plotted. 2. The prixary concentration of adult businesses '-as idencified. 3. Preliminary decision was made co choose three scud/ areas based on concentration and geographic isolation from each other. 4. Establishment of boundaries for each Study Area so chat the adult businesses vere approximately centered in each study area, and so that each Study Area had an area of at least one square aile, but not more than t*-o square ailes. APPENDIX II ESTABLISHMENT OF CONTROL AB£A BOUNDARIES The process of defining che Control Area boundaries was conducted in the following manner: 1. Identification of potential control areas based on Che absence of adult businesses. 2. Delineation of possible Control Areas equal in size to the Study Areas. 3. Determination of population and land cue characteristics of each possible control area- using Che same weighted-proportionality method used for the Study Areas (See Appendix III for Population Characteristics and method- ology). 4. Selection of a Control Area to match each Study Area as closely as possible in size, number of residents, and all other selected character- istics listed in Appendix HI. AP?£::DEC in MSTHOCOLOC? OF %cTGHTT:g POPULATION CHA9ACTOF STUDY A.-:D cornaot. The characteristics used In veighcing Che similarities becveen ;he Scudy and Concrol areas were: 1. Percentage noa-whi.ee population Z. Percentage of duelling unics builc since 1950 3 . Median incoce 4. Median age of che population 2. Percentage of acreage used residencially Inforaacion abotic che above characcerlscica was available ac che Cencus Tra.cc level. Since che Study Ares boundaries did noc alvays align vtch Census Trace boundaries, i: - necessary CD "average" Census Tract values co sizmlace che characteristics of che •«*«*>> SCxidy Areas. The contribution of each Census Trace characceriscic value was sache- oacically weighted, proportional to che amount of population chat che Census Trace contributed co che Study Area populncion. Huaber 5, or che percentage of acreage used residen dally, was attributed proportionally co che geographic area racher Chan che popuiacioa. The weighting of each Study and Concrol Area is eabulaced in che following Cable; g O] w «_ ^*>4o< * o •Ma • eCO I ic. c« - •a i £ « "H C 0« E ^3 C 2S • ou m "c — 3 «ed) uc c — 4 •*«- CO_4 O ^*< = «^« C -- e fla sz e, «£ 3 A4 Cl hi U Hi <S Q OO P>CO co m tf% <s o ^* '^ -.-4^0 <n co v"» <a<n- r« <r o —^ in tn so <n ex O O CO «? tf^ U^ •" *T CH > TO *•*•*»•*• oo m •* <s oo03 .» r-. in o CN CS CM (N (N <7\ O v^ ^^ ^0C\ c** f*» ^^ **^ o —• <n o 03 co o a en <s Q\ O CX O\ f"« a•cl 09 irt O «rt au S O O «M «M « f» CO r» co G^ ^ft -2 03 O\ C\ Ok * •r- >O H •> I =2irti — -- <3% CO ss O ut O «n 0 O» 01 n *a «x 1-1 r* awi* C» PI S • O 99a -* 3 u — — •^ a CM O<-> CM >a c^CTS OOt \O C* OS co oo so *-* !•»» «Q •*• V>•s .-i o5 r- axw «3 C •A — — vOI*. «S 00 22 Ovo p*«l • *9V 4O ». "ah 5 ooa -S ••• 16 Seattle . ,f ,_.Department of Construction ana Land use March 24, 1989 Dear Citizen: The Department: of Construction and Land Use has prepared the attached Director's Report and Recommendation on a proposed Land Use Code amendment regulating the location of topless dance halls. The Department proposes to define topless dance halls as "adult cabarets" and establish them as a new category of use under entertainment uses. The proposal would limit the location of adult cabarets to three downtown zones where adult motion picture theaters and adult panorama are also now permitted. These zones are the Downtown Office Core 1 (DOC1), the Downtown Office Core 2/400' (DOC2/400*) and the Downtown Retail Core (DRC) . The removal of the Downtown Office Core 2/240' (DOC2/240') zone is a major change from the Draft Report published February 14, 1989. A public hearing on the amendment will be held before the City Council's Public Safety Committe on Monday/ April 10, 1989/ at 7:00 P.M., Council Chamber, llth floor, Municipal Building, 600 4th Avenue. If you have questions about the proposed amendment or the public hearing, please contact Ikuno Masterson at the Department of Construction and Land Use, 400 Municipal Building, Seattle, WA 98104, or by calling 684-8880. Sincerely, DENNIS J. MCL Director -• «i'rf.*rc:.: ..--<-: jecirv.. .•" " '.V:'-,.: rat 3ujr. rd. • itfc- ^n rtv.-.- ».; v u-" DIRECTOR'S REPORT PROPOSED LAND USE COOZ TEXT AMENDMENT ADULT CABARETS March 1989 SUMMARY In response to Council Resolution 127905, the Department of Construction and Land Use (DCLU) is proposing an amendment to the Land Use Code which would define topless dance halls as "adult cabarets" and would authorize their location to specific zones. This report uses the term "adult cabaret" to refer to topless dance halls.. The proposed changes balance the need of adult cabarets for adequate locational opportunities with the needs of residents for healthy/ safe neighborhoods. The changes are also consistent with existing.land use policies. Adult cabarets are entertainment uses where nude and/or semi-nude dancers perform for members of the public. Food 'and/or beverage may or may not be served. Liquor is generally not sold on the premises of adult cabarets due to provisions required state law. - Presently/ these businesses are defined in the Land Use Code as performing arts theaters and are permitted in all commercial (except Neighborhood Commercial 1), downtown and industrial zones. The proposal recognizes a growing concern for maintaining the neighborhood character of the City's commercial areas. It does not intend to regulate the activity within adult cabarets but rather concerns itself with the effects these businesses have on the surrounding community. While there are many perceptions about what these effects are/ this report concludes that as a class of use, adult cabarets have adverse impacts on public safety, welfare and property values. Impacts such as these indicate that adult cabarets are not compatible near residential development. For that reason, DCLU proposes to permit the location of adult cabarets in the non-residentially oriented downtown zones where adult motion picture theaters and adult panorams are now permitted. These zones are: Downtown Office Core 1 (DOC1), Downtown Office Core 2/400' (DOC2/400r), and Downtown Retail Core (DRC). Topless dance halls, bars, and/or nightclubs have been regulated as performing arts theaters since the adoption of the Neighborhood Commmercial Code in 1986. Historically, they have been treated as restaurants/ dance halls, theaters or indoor places of public assembly, depending on the type of operation. They have been prohibited in residential zones and permitted in commercial, industrial and downtown zones, as they are today. Of the eight known adult cabarets now in operation, one is located in the Downtown Mixed Commercial zone (DMC 125) . Some form of adult entertainment use has existed at this location intermittently for many years. Another, located in a Neighborhood Commercial 2 (NC2) zone, has been at the same location for over 20 years. There is one located in a Downtown Office Core 2/400' (DOC2/400') zone. Three adult cabarets are located in Neighborhood Commercial 3 (NC3) zones, and two are in Commercial 1 (Cl) zones. The latter six have been newly established within the last two years. This recent increase in the establishment of adult cabarets in Seattle' s neighborhood commercial areas brought about a considerable number of citizen complaints. The Public Safety Committee of the Seattle City Council received numerous phone calls and letters, including many from northend community councils and merchants associations and several petitions with hundered of signatures. These citizens expressed their concerns about the decline in property values, increases in insurance rates and ;f ears about burglary, vandalism, rape, assaults, drugs, prostitution and the overall detrimental influence on their neighborhoods . This citizen concern prompted the City Council to adopt legislation which requires both new and existing adult entertainment businesses to be licensed (Ordinance 114225) and places a moratorium on the establishment of any new business until the Land Use Code is amended (Ordinance 114254 and Resolution 27905) . This report is part of that Land Use Code amendment process, examining how best to regulate the location of adult cabarets. Regulation of adult entertainment uses is a constant challenge for communities. Regulating these uses is different from regulating other uses like grocery stores or restaurants because arts and entertainment uses involve protected forms of expression, such as dancing. Local governments must be cautious in regulating adult entertainment uses because of the constitutional issues involved. The First and Fourteenth Amendments to the United States Constitution are often cited in case law as the standards against which regulations affecting adult entertainment must be measured. The First Amendment protects the right of citizens to freedom of speech or expres si on, "•and" this- federal • -right extends- to—the* states • under the Fourteenth Amendment. One traditional method used by local governments to regulate adult entertainment uses has been through licensing. This approach often requires owners/ operators/ and/or employees to provide detailed business information and specifies facility and operational standards. The City's recently adopted legislation which requires adult entertainment businesses to be licensed with the Department of Licenses and Consumer Affairs is an effective method for addressing performance-oriented standards. Standards which regulate the planning effects of different uses are best incorporated into zoning or land use legislation. As a general rule these are more effective at addressing locational issues. In the 1976 landmark decision of Young v. American Theaters. Inc. . 1 the U.S. Supreme Court declared that as a land use, adult entertainment uses are subject to carefully tailored regulation to minimize adverse land use impacts. In order for a land use regulation of such uses to be valid, several conditions must first be satisfied. One condition is that the local government must provide opportunities for this type of expression. In other words, zoning cannot be used directly or effectively to ban adult motion picture theaters, bookstores, or dancing. Another condition requires that limits not be placed on the number of establishments or on the accessibility of such facilities to those who wish to patronize them. The Court determined that zoning can legitimately be used to regulate such uses by establishing zones where adult, entertainment uses are most compatible with other uses or the surrounding neighborhood, or by requiring minimum distances to be maintained between adult uses and other uses. Another more recent U.S. Supreme Court case, Citv of Rent on v. PlaytjLme Theaters. Inc . . * reaffirmed these concepts. It also verified that a city is entitled to rely on the experience of other cities in enacting legislation to regulate adult entertainment uses. Both of these decisions have been used in many cities to support local government zoning regulation of adult entertainment uses. Seattle, like many other jurisdictions, relied on the Young decision to locate adult motion picture theaters only in the central business district. Citing Young again in 1979, the City limited the areas where adult panorams could be located. In 1985, reflecting a decisive policy in the newly adopted Downtown Flan to encourage downtown residential development, adult motion picture theaters and adult panorams were authorized only in the Downtown Office Core 1 (DOC1) , Downtown Office Core 2 (DOC2) and the Downtown Retail Core (DRC) zones. To date, these are the only twoforms of adult: entertainment uses identified, specifically in Seattle's land use regulations. **»«•<• ANALYSIS AMD RECOMMENDATION Land use regulation is based on the concept of compatibility. Generally, the City's commercial and downtown policies encourage a variety of businesses which are compatible with each other and the residential areas they serve. However/ some commercial uses have impacts which are not compatible with the nature of some business areas or create unavoidable impacts on surrounding residential areas. Animal shelters, towing services, and construction yards, to name a few, are examples of commercial uses which may have objectionable impacts near residential areas and are identified and regulated accordingly in the Land Use Code. In a study entitled "Zoning Controls for Adults-Only Theaters" prepared by the City in 1976, it was determined that adult motion picture theaters were not compatible near residential neighborhoods. (This study was cited by the City of Renton in their U.S. Supreme Court case with Playtime Theaters, Inc.) In order to determine in what zones adult cabarets should be permitted, it is necessary to survey their impacts and determine with what other uses they are compatible. During the review of Seattle's licensing ordinance, the Public Safety Committee of the City Council held a public hearing. Many citizens spoke of their concerns and fears about these businesses in their neighborhoods. Problems with parking and traffic, deteriorating property values, attraction of undesirable transients/ increases in crime, hazards for children and personal safety, once again were some of the impacts expressed about adult cabarets on the overall quality of neighborhoods. A recent: rezone application proposed by .an adult entertainment business has generated many letters opposing this rezone. Citizens have complained that this business interferes with their ability to raise their children in a healthy family environment. A decision by the City in 1976, to allow adult motion picture theaters only in the downtown area was upheld by the Washington State Supreme Court based on findings that these same impacts, mentioned above, were indeed detrimental to residential areas.3 In another case, Vi^aae off Belle Terre v. Borahs. the U.S. Supreme Court recognized that local governments have the right to use zoning based on impacts on family values to protect the public welfare.4 Studies undertaken in other communities have verified thatthese same impacts are associated with adult entertainment uses in those communities as well. . . . . . Of these impacts, this study ' found that impacts on public safety and property values had the most quantifiable documentation. In the law and planning literature on adult entertainment uses, public safety hazards are the most often cited adverse impacts on surrounding communities. New York city police have found that serious crime complaints ran almost 70% higher on police posts that contained adult uses.5 The cities of Cleveland. Ohio;6 Indianapolis. Indiana;7 Los Angeles, California;** and Austin, Texas; ^ among others have documented that crime rates were any where from 15% to 77% higher in areas containing adult businesses than those areas containing no adult businesses. A study in Phoenix, Arizona10 concluded that not only was there a higher rate of sex-related crimes in areas where adult businesses were located, but that rate was significantly higher where there was a concentration of adult businesses. Boston is one of the few cities that has taken the concentrated zoning approach, limiting adult-only uses to one, seven-acre area in their downtown. Their "red light" district, commonly referred to as the "Combat Zone" also has a higher incidence of crimes than other business districts in the city.11 To date, no analyses or comparative studies have been conducted in Seattle to verify correlation between adult cabarets and criminal activity. It is assumed that adult cabarets in Seattle are not unlike those in other cities. While not every adult business is predisposed to be involved with criminal activity there is enough documentation, as evidenced above, to demonstrate a direct link between the potential for increased criminal activity and adult cabarets. Like adult motion picture theaters and panorams, adult cabarets are auto-oriented or destination-type uses attracting a regional clientele. Trade characteristics studies in Bothell, Washington12 and Austin, Texas* confirmed that: at least one half of all customers frequenting adult businesses were located outside the city limits (one investigation in Bothell found that of 321 vehicles checked, only 8 were registered in their city) . And in Austin, less" than 5% were located within a one-mile radius of the establishment. While there are many businesses which may have regional attraction, the fact that adult cabarets also have an increased potential for crime make them more of a public safety risk on a neighborhood. People who patronize these establishments may have no sense of identity with or regard fox- the neighbhoriiood in which these businesses may be located and therefore less inhibited in their personal- behavior than if they were in their own • community. Secondary effects of police calls to a business are also created. Noise from sirens and flashing lights and *****' traffic hazards from police and emergency vehicles are disturbances not conducive to healthy business or residential environments. The increased potential for crime, together with these secondary effects, result in impacts which are more substantial than those of other neighborhood commercial uses which are intended to serve the needs of surrounding residents. Decline of property values is another impact that can have serious effects on residential/ commercial and industrial areas. Many jurisdictions have indicated property values are likely to decline as a result of an adult cabaret locating in the vicinity. In 1984/ an analysis of adult entertainment businesses in Indianapolis'was conducted by that city's Department of Metropolitan Development.7 With the assistance of the Indiana University School of Business, they conducted a national survey of members from the Member Appraisers Institute and the American Institute of Real Estate Appraisers regarding the market effect of adult entertainment businesses on nearby land values. It was concluded that "adult entertainment businesses - even a relatively passive one such as an adult bookstore - have serious negative effects on their immediate environment." While respondent felt that both residential and commercial properties were affected, residential properties were more severely impacted. The cities of Kent, Washington'" LOS**• Angeles, California;8 and Oklahoma City, Oklahoma14 also conducted analyses with similar conclusions. Detroit, Michigan is well known for basing their dispersion requirement for adult uses on protecting property value. Their zoning ordinance was designed to protect business districts from the blighting influences and the "skid row" effect caused by the concentration of adult businesses.15 Rental rates and occupancy of office/retail space in Washington, D.C.'s Franklin Square have nearly doubled since adult-only businesses have relocated out of the area.1" Seattle has very little land devoted to neighborhood commercial use. Such zones represent only about 6% of the City's land area. The City's industrial lands are similarly scarce. Allowing the location of adult cabarets with the potential for negatively impacting property values would be detrimental to these areas and contrary to the adopted policy to promote healthy industrial and business climates. Within the scope of adopted City policy, the following changes to the Land Use Code are proposed to provide compatible locations for adult cabarets with other commercial enterprises in the community. Major changes are discussed under the topics of Definitions, Nonconforming Uses, Commercial Zones, Downtown Zones and Industrial Zones. 7 DEFINITIONS Currently/ there is no terminology in the Land Use Code which specifically describes an establishment where live entertainment is almost exclusively provided by nude and/or semi-nude performers, with the adoption of the Neighborhood Commercial Code in 1986, these types of uses have fallen under the category of performing arts theaters. The major impacts associated with most performing arts theaters focus around parking and traffic. However, public safety and welfare" is the major area of concern associated with adult cabarets. Since the impacts associated with adult cabarets are significantly different than those of other performing arts theaters, DCLU recommends that the use "adult cabaret" be specifically defined. An adult cabaret is an entertainment use proposed to be defined as: a place of public assembly, where licensing as an "adult entertainment premises" is required by SMC 6.270. NONCONFORMING USES There are eight known adult cabarets currently in operation in Seattle. Seven are located in zones, which as a result of this amendment, would make them nonconforming uses. They would be allowed to continue but would be subject: to the provisions for nonconforming uses in the zones in which they are located. COMMERCIAL ZONES The commercial area use policies generally encourage business by promoting flexibility of business activity compatible with the neighborhood-serving character of business districts and with the residential character of the surrounding residential neighborhood. The function of the Neighborhood Commercial 1, 2, and 3 zones (NCI, NC2, NC3) specifically emphasize pedestrian- oriented shopping, serving adjoining or surrounding residential neighborhoods. Single purpose residential structures are allowed through the conditional use process <*•"-"d residential uses mixed with commercial uses axe ^.tfrmitted outrigh.tr.' These zones are typically nodal" acreas in residentially zoned neighborhoods or along arterials adjacent to residential areas. The Commercial 1 (Cl) zone begins to provide for more of a city-wide clientele, with auto-oriented retail sales and services. The Cl zone also allows residential development on the same basis as NCI, NC2 and NC3 zones. These zones are generally located along arterial streets abutting resident ially zoned land. The Commercial 2 (C2) zone is also auto-oriented providing land for city-wide business support and light manufacturing. Residential development is allowed on a case by case basis through conditional use review. This review is intended primarily to preserve scarce commercially zoned land for preferrred commercial uses, prevent displacement of commercial uses, and to ensure the compatibility of commercial and residential uses in the zone. These zones are generally strips of land along major arterial streets which often abut residentially zoned or less intensively zoned land. Because these commercial zones are oriented towards the needs of nearby residential users and either allow some residential development or are located very near residential zones, it is proposed that adult cabarets not be allowed to locate in the NCI, NC2, NC3, Cl, and C2 zones. Adjacent residential neighborhoods and residents in 'business districts will then be protected from the adverse impacts often associated with adult cabarets. This will also assure that the business districts will be protected from declining property values and remain able to provide services to a residential clientele in a healthy and safe environment. DOWNTOWN ZONES Residential development is also encouraged in most downtown zones, the exceptions being the Downtown Office Core 1 (DOC1) zone, the Downtown Office Core 2 (DOC2) zone, and the Downtown Retail Core (DRC) zone. In order to promote residential neighborhoods in the downtown, adult motion picture theaters and adult panoraras were prohibited in all but those three zones when the downtown chapter of the Land Use Code was adopted in 1985. Having comparable impacts and being entertainment uses, adult cabarets are similar in use to adult motion picture theaters. And because downtown Seattle is a regional urban center where cultural diversity is more widely accepted, it is proposed that adult cabarets continue to be permitted in the same three zones as adult motion picture theaters: DOCl, DOC2, with the exception of DOC2/240', and DRC. These three zones total -approximately 130 acres -of land area.. The southern portion of the DOC2 zone, (the DOC2/240') zone, is proposed as an exception because of the highly sensitive public safety issues surrounding this area. The zone is located south of the DOC1 zone and north of the Pioneer Square area. There are several correctional facilities near cr in this zone. The King County Jail (located in DOC1) borders this zone, and two large work-release facilities (with a total of approximately 300 residents) are located here. Individuals associated with these facilities are often serviced by the many programs provided by human service agencies located in the Pioneer Square area. These include programs for shelter, food, health, employment, substance abuse and sex therapy. Given the statistic that nearly 30% of the inmates in Washington's prison system are serving time for sex-related offenses, the siting of adult cabarets in this area poses a substantial threat to public safety. Adult cabarets are proposed to be prohibited from locating in the DOC2/240' zone. Adult cabarets would also be prohibited from locating in the remaining downtown mixed commercial and residential zones and in the Special Review Districts (Pioneer Square and the International District), Pike Market and the Downtown Harborfront. INDUSTRIAL ZONES Industrial land in the City is a scarce resource. The intent of the Industrial Land Use Policies is to provide some measure of protection to viable industries from uses competing for this resource. With a limited, supply of land in the City zoned for industrial use/ care must be taken to protect it from the potential blighting influences which often accompany adult cabarets. While most entertainment uses are permitted in the Industrial zones, adult motion picture theaters and adult panorama are prohibited, based on a 1976 decision that they be concentrated downtown. Adult cabarets would similarly be prohibited in the industrial zones under this recommendation. CONCLUSION The most compelling argument for limiting adult cabarets is to reduce the potential public safety impacts. These impacts make adult cabarets incompatible, in areas where -residentiaJ— development is promoted in combination with or adjacent to commercial development. Additionally, adult cabarets are incompatible in the neighborhood commercial and industrial areas because there is a potential for a decrease in adjacent property values. In order to protect the health, safety and general welfare of the residential, commercial and industrial neighborhoods/ adult cabarets are most compatible in areas where other adult entertainment uses are located and where their impacts on the surrounding area can be more closely monitored. The Department of Construction and Land Use recommends the attached Land Use Code amendment be adopted for adult cabarets in the downtown, commercial and industrial zones. By adopting the proposed amendment, the City will be providing adequate locational opportunities for adult cabarets while assuring that the residential and business environment of the City's neighborhoods and industrial areas will be protected from the impacts of these establishments. 10 j J REFEREHCES * Young v. American Mini Theaters, Inc., 427 U.S. SO, 49 L.Ed. 2d.310, 96 S.Ct.2440 (1976). 2 City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 39 L.Ed. 2d.29, 106 S.Ct.925 (1986). 3 Northend Cinema, Inc. v. City of Seattle, 90 Wn.2nd 709.585 P2nd 1153. (1978). 4 Village of Belle Terre v. Boraas, 416 U.S. 1, 39 L.Ed. 2d.797, 94 S.Ct.1536 (1974). 5 Toner, William. "U.S. Cities Face Combat in the Erogenous Zone," Planning. Vol.43. Chicago: American Society of Planning Officials, September 1977. 6 City of Cleveland, Ohio, Police Department. Special Investigation Unit Report, August 1977, 7 City of Indianapolis, Indiana, Department of Metropolitan Development/ Division of Planning. "Adult Entertainment Businesses in Indianapolis: An Analysis." 1984. 8 City of Los Angeles/ California, Department of City Planning. "Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of.Los Angeles." June 1977. 9 City of Austin, Texas, Office of Land Development Services. "Report on Adult Oriented Businesses in Austin." May 1986. 10 City of Phoenix/ Arizona, Planning Department. "Adult Business Study." May 1979. 11 Pratter, Jerome and Connie Hager, "Zoning Laws, Not Obscenity Laws, Offer the Way to Control Adult Entertainment," Nation's Cities Weekly, Vol.3/ April 21, 1980. 12 City of Bothell/ Police Department Investigations. 1984. 13 City of Kent, Planning Department. "Adult Use Zoning Study." November 1982. 14 City of Oklahoma City/ Community Development, Planning Division. "Adult Entertainment Businesses in Oklahoma City: A Survey of Real Estate Appraisers." March 1986. 15 Toner/ William. . Regulating Sex Business. Planning.. Advisory Service, Report No.7. Chicago: American society of Planning Officials, May 1977. 16 Schultz, Arthur J. III. "Franklin Square: Porn Free and Booming," Urban Land. Urban Land Institute, August 1977. 12 /3 DRAFT PROPOSED AMENDMENT SEATTLE MUNICIPAL CODE CHAPTER 23 LAND USE 14 LAND USE CODE COMMERCIAL USES: CHART A . For Section 23.47.004 (Cononoed) ZONES 7. 3. •> Fast-food resuurant (over 750 square test) - Tavern - Srewpub Lodging • Hold - Motel • Bed and breakfast Mortuary Services C^J^Mao^ f**m+m* A t*m' ! ^^« •_!* IT mn •wfa*4»fc*w* *««» B. Principal Use Parking MCI cucucu X XPJ X X NC2 cucucu X XPJ p p NO cupp ppp p p Cl -cupp ppp . p p C2 cupp ppp p p C Non-Household Sales and Service 2. 3. 4. 1. 6. *r~i*jni"L j-j .*«*9*^w* v jw* > tw%<* Business incubator Saks, service and rental of office equipment Sales, service and rental of commercial equip- ment and construction materials Sale of heating fuel Heavy commercial services - Construction services - Commercial laundries X X X X X X p X X X X X p p p X X X p pp ppp p pp ..ppp D, Offices 2. E. Enu I. • * V»UMWU4«4 J«4 * »fe« Mill* I? Administrative orTice irLJtTiffi^nf Places of Public Assembly • Performing arts theater • Spectator sports &cUuy - Lecture and meeting halls • Motion picture theater - Adult motion picture theater • AHulf [»nf>jifn«* - Adult C*b«r«e X X X•x X Xi pppp.x' • X1 pppp X X X ?ppp X X X pp p p X X X (Sea«U«5-«7)23-258.6 13 /S 23.49.053 LAND USE CODE Laa With T«« or tMera Sow Fmaoupn LouGrnor Laa 40.000 T&sa -W.OOO Sq.ft. or Sq.ft. in Lai is Six* Six* i:? to 240* 30% 4. To qualify as uncovered area, at least half the area required to be uncovered shall be contiguous and shall have a minimum depth of fifteen rest US'), 5. To meet the coverage limits, a. lot may be combined with one or more abutting lots, whether occupied by existing structures or not, provided that: "* a. The coverage of all structures OQ the lots meets the limits set in this subsection A: and b. The fee owners of the abutting loo's) shall execute a deed or other agreement. which shall be recorded with the title to the lots, which restricts future development so that in combination with the other lots, the coverage limits shall not be exceeded. B. Maximum facade Lengths. Maximum facade lengths shall be established for facades above an elevation of one hundred twenty-five feet (1220 above (he adjacent sidewalk. This maximum length shall be measured parallel to each street property line of streets designated on Map 11D1 as having a pedestrian classification and shall apply to any portion of a facade, includ- ing projections such as balconies, which is located within fifteen feet (1 JO of street property lines. 1. The maximum length of facades above an elevation of one hundred twenty-five feet (1250 shall be as follows: - Loo With Tw««r Mora Sam LooWhk OmSlrnc Ua<MUMM LoaCmor TTuii 44.00* 124' la 140* Abov« HOT 120*120- I3T Above a h«»Jit ofiwi huadntf fonv feet (2471 for octt half percent CfA) icUuciioo of" waste m the eevcnn limit am from she Rquircmcsti aoMiihcd in sufaMcaoa A. che max- iroura (teat* taifih nuv be iocms*d by one fb<x up to » rauunum at" 120 Cm. 2. To be considered a separate facade for the purposes of determining the maximum facade Icaztn established in subsection Bl. any portion of a facade above an elevation of one hundred twenty-five feet ( 1251) which is less than fifteen test ( 120 from a street property line, shall be separated from any similar portion of the facade by at least sixty fest (600 of facade which is set bade at least fifteen feet (1.50 from a street propertv line. (Set Exhibit 23.49.058 B.). (Ori 1 125 19 § 10. 1985: Ord. 112303 3 3{pan). 1985.) 1. Editor's Note M*e (CO is codified it tit «nd of this etuotcc. Subcttapter ill Downtown OflTce Care 2 Part 1 Use Provisions 23.49.060 Downtown Office Core 2. permitted vats. A. All uses shall be permitted outright except those specifically prohibited by Section 23.49.062. (hose permitted only as conditional uses by Section 23.49.064. and parking, which shall be regulated by Section 23.49.063. B. All uses not prohibited shall be permined as either principal or accessory nsa. (Ord.1 12303 §3(pan). 1985.)" 23.49.062 Downtown Office Con 2. prohibited uses. The following uses shall be prohibited as both principal and accessary uses: A. Drive-in businesses, except gas stations located in parking garages: B. Outdoor storage: C. All general and heavy manufacturing uses:D. All salvage and recycling uses except recy- cling collection stations: E. All hizh-irnpact uses... „ ________ . ___ - Adult cabarets In DOC2/240'. (Ord. 112777 1985.) 27. 1986: Ord, 112303 $ 3(part). 23-302 23.49.064 Downtown Office Con 2. principal and accessory parking. A. Principal Use Parking. I. Principal use parking garages for long- term parking to areas shown on Map ITJA' may be permitted as conditional uses, pursuant to Section 23.49.066. Principal use parking garages 14 DOWNTOWN ZONING- 23.49 ,12 Subchapter V Downtown Mixed Commercial Port 1 Use Provisions 23.49.116 Downtown Mixed Commercial, permitted uses. A. All uses shall be permitted outright except those specifically prohibited by Section 23.49.118, those which are permitted only as con- ditional uses by Section 23.49.122. and parking, which shall be regulated by Section 23.49.120. B. All uses not prohibited shall be permitted as either principal or accessory uses. (Ord. 112303 § 3<part), 1985.) Z3.49.118 Downtown Mixed Commercial. prohibited uses. The following uses shall be prohibited as both principal and accessory »**y A. Drive-in businesses, except gas stations located in parking garages: B. Outdoor storage; C- Adult cabarets. adult motion, picture theaters and adult panorama; D. All general and heavy manufacturing uses: E. All salvage and recycling uses except recy- cling collection stations; and F. All high-impact uses. (Ord. 112777 § 29,1986: Ord. 112303 § 3(pan), 1985.) 23.49.120 Downtown Mixed Commercial, principal and accessory parking. A. Principal Use Parking. 1. Principal use parking garages for long- term parking inareas shown on Map VA1 may be permitted conditional uses, pursuant to Section 23.49.122. Principal use parking garages for long- term parking shall be prohibited in other loca- tions. 2. Principal use parking garages for short-term parking shall either ber a. Permitted outright when the garage contains short-term parking spaces for which additional Soar area is granted pursuant to Section 23.49.126; or . o. Conditional uses in all other cases, pursuant to Section 23.49.122. 3. Principal use surface parking areas shall be conditional uses in areas shown on Map VA. and shall be prohibited in other locations, except that temporary principal use parking areas may be pertained as conditional uses pur- suant to Section 23.49.122. B. Accessory Parking. I. Accessory parking garages for both long-term and short-term parking shall be per- mitted outright, up to the maximum parking limit established by Section 23.49.016, Parking quantity requirements. 2l Accessory surface parking areas shall either be: * . a. Permitted outright when located in areas shown on Map VA and containing twenty (20) or fewer parking spaces: or b. Permitted as a conditional use when located in areas shown on Map VA and containing more than twenty (20) spaces: or c Prohibited in areas not shown on Map VA. except that temporary accessory sur- face parking areas may be pennined as a condi- tional use pursuant to Section 23.49.122. (Ord. 112303 § 3(part), 1985.) U Editt*'* Note Ma»VA is cwfiitaizt Octal of tfcadaeur. 23.49.122 Downtown Mixed Commercial, conditional uses. A. All conditional uses shall meet the follow- ing criteria: 1. The use shrll be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the piupeiTy is located. 2. In authorizing a conditional use. adverse negative impacts may be mitigated by 'imposing requirements or conditions deemed necessary fbrthe protection of otherproperries in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use. If it is determined that the negative impacts cannot be mitigated satisfactorily. B. Principal use parking garages for long- term parfmn in areas designated on Map VA.' and for short-term parking at any location, except those permitted outright by Section 23.49.116 B2. may be pennined as admin- istrative conditional uses, if the Director finds thac 1. Traffic from die garage will not have substantial adverse effects on peak hour traffic flow to and from Interstate 5. or on traffic cir- culation in the area around the garage: and 2. The vehicular entrances to the garage 23-331 n 23.49. WO LAND USE CODE Subchapter VI Downtown iVIixed Residential 23.49.140 General provisions. All property zoned Downtown Mixed Resi- dential (DMR) shall be designated as either Downtown Mixed Residential/Residential (DMR/R) or Downtown Mixed Residential/ Commercial (DMR/Q on the Official Land Use Map. Chapter 23.32. (Ord. 112303 § 3{part), 1985.) Part 1 Use Provisions 23.49.142 Downtown Mixed Residential, permitted uses. A. All uses shall be pennined outright except those specifically prohibited by Section 23.49.144, and those pennined only as condi- tional uses by Section 23.49.148, and parking, which shirt' be rrguiatrri by Section 23.49.146*. p. All uses not prohibited shall be permitted ither principal or accessory uses. 112303 § 3(part), 1985.) 23.49.144 Downtown Mixed Residential, prohibited uses. The following uses shall be prohibited as both pnnop** ***^ •W"<iiiTp*lljr *• r 11 A. Drive-in businesses, except gas stations located in parking garages; B. Outdoor storage; C. Heiistops and heliports; D. Adult cabarets, adult motion picture cheaters and adult panorama;E. Light manufacturing uses in DMR/R areas; F. All general and heavy manufacturing uses; G. All salvage and recycling uses, except recy- cling collection stations; and* H. All high-impact iiy?. (Ord. 113279 $ 13,1987: Ord. 112777 § 30,1986: Ord. 112303 § 3(part), 1985.) 23.49.146 Downtown Mixed Residential, principal and accessory parking. . A. Principal Use Parking. 1. Principal use parking garages for long- term and short-term parking shall be prohibited. 2. Principal use surface parking areas^sjtail be prohibited, except that temporary prin- ai use surface parking area* in .DMR/Careas. may be permitted as conditional uses pursuant to Section 23.49.148. B. Accessory Parking. • 1. Accessory parking garages for both long-term and short-term parking shall be per- mitted outright, when located on the same lot as the vyt which they serve, up to the parking limit established by Section 23.49.016, Parking quantity requirements. Parking garages providing accessory parking for residential uses located on another lot may be permitted as con- ditional uses pursuant to Section 23.49.148. Parking garages providing accessory parking for nonresidential uses located on another lot shall be prohibited. 2. Accessary surface parking areas shall be: a. Prohibited in DMR/R areas; b. Permitted outright in DMR/C areas when containing twenty (20) or fewer park- ing spaces; or c. Pennined as a conditional use in DMR/C areas when containing more than twenty (20) parking spaces, pursuant to Section 23.49.148. (Ord. 113279 § 16, 1987: Ord. 112319 § 23, 1985; Ord. 112303 § 3<part), 1983.) 23.49.148 Downtown Mixed Residential. conditional i**3_ A. Afl conditional uses shall meet the follow- ing catena: 1. The use shall be determined not to bematerially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located. 2. In authorizing a conditional use. advene negative impacts may be "ifflgyH by imposing requirements or conditions deemed necessary for the protection of otherpropernesin XtUr TOOB Of ^t^QSlCF SOfl IDC PPOUC l^ Director or Council shall doty the ^ if it in iitlf]j"]Tiff^ TtiTT th** negative impacts B. Puking grfragn providing accessory park- ing for T*T'd*n*ini asg |f)«^^pj on another lot may be pennined as conditional M5^. if the Director finds thac 1. Unserved parking rfgm«nH associated with existing or forecast future "'^HTIT'*! devel- opment within one ^hnn^n^ f*?t (1,0003 of the- . 23-342^ DOWNTOWN ZONING 23.49.320 Otraooa «f PBcaoa «f Smew* (It frit) «*—125 12 -130 Muiaara Lcark by LM Sin CtmtrTluui »—l).000 19.000 S^ou* &!•«• FM< F«t 90" ea »vtmja 120" t.201 an jtrrru Not 100- applicable (Old. 113279 § 28,1987: Old. 112519 § 34,1985; Otd. 112303 § 3(pan), 1985.) 23.49.248 International District Residential, side setback and street park setback requirements. A. Side Setbacks. Setbacks shall be required from side lot lines that are not street side lot lines. The setback shall occur above an elevation, of sixty-rive feet (650. The amount of the setback shall be determined by the length of the frontage of the lot on avenues, as follows: ArraM 120 (cct arks* 121 fm to ISO feet III ( 3) (at •10 (at B. Street Park Setbacks. A setback from the street property line shall be required on street parks, Map DCA,1 at an elevation, of forty feet (400- The setback shall be as follows: •WwSS* Iff tf \o24Cr (H-M1)*.! + Iff vtacH — Toolitrtsciunebcifbtiarctt. (Ord. 112519 § 35,1985; Ord. 112303 § 3(part), 1985.) I. Editor's Note Map DCA is codified at the cad of (hiidnpnc Subchapter X Downtown Harborfront 1 Part 1 Use Provisions 23.49300 Downtown Harborfront 1, uses. Uses that shall be permitted or prohibited in Downtown Harborfront 1 are determined by the Seattle Shoreline Master Program. (Otd. 112303 § 3(pan). 1985.) . Part 2 Development Standards 23.49J02 Downtown Harborfront 1, general provisions. All uses shall meet the development standards of the Seattle Shoreline Master Program. (Ord. 112303 § 3(part), 1985,) 23.49.304 Downtown Harborfront 1, transfer of development rights. Development rights may cot be transferred to or from lots in DH1 zones. (Ord. 112303 § 3(pan), 1985.) 23.49.306 Downtown Harborfront 1, parking. ' Parking located at or above grade shall be screened according to the following require- ments: A. Parking where permitted on dry land at street level shaU be screened according to the provisions of Section 23.49.020, Screening and landscaping of parking areas. B.' The perimeter of each floor of parking garages above street level <h»n have an opaque screen at least three and one-half feet (3'/r) high. (Ord. 112303 § 3<part), 1985.) Subchapter XI Downtown Harborfront 2 Part 1 Use Provisions 23.49.318 Downtown Harborfront 2, permitted uses. A. All uses shall be permitted outright except those which are specifically prohibited in Section 23.49.320, those which are permitted only as conditional uses by Section 23.49J24, and park- ing, which shall be regulated by Section 23.49J22. Additionally, uses may be further restricted by the Seattle Shoreline Master Pro- B. All uses not speaficaUypTohibited shall be permitted as either principal or accessory uses. (Ord. 112303 $ 3(pan), 1985.) 23.49-320 Downtown Harborfront 2, prohibited uses. The following uses shall be prohibited as both principal and accessory uses A. Drive-in businesses, except gas stations located in parking garages; 23-342J21 IT 22.49.320 LAND USE CODE B. Outdoor storage, except when accessory to water-dependent or water-related uses located in Downtown Harboriront 1 or Dowaiown Har- cornront 2; , ,C. Adult cabarets, adult motion picture the»e«ra, adult panorams; D. Ail general and heavy manufacturing uses; E. All salvage and recycling uses except recy- cling collection stations; and F. All high-impact us^ (Ord. 112T77 § 31, 1986: Ord. 112203 § 3(part), 1985.) 23.49.322 Downtown Hkrborfroac 2. principal and accessory parking. A. Principal Use Parking. 1. Principal use parking garages for both long-term and short-term parking shall be condi- tional uses, according to Section 23.49.324. 2. Principal use surface parking areas shall be conditional uses in areas shown on Map XIA*1 3n** shall be prohibited in other locations, except that temporary principal use sunacepark- ing areas may be permitted as conditional uses pursuant to Section 23.49J24. B. .Accessory Parking. V. Accessory parking garages for both long-jem and short-term parking shall be per- mit c ed outright. 2. Accessory surface parking areas *h*H either be: a. Permitted outright when located in areas shown on Map XIA and containing twenty (20) or fewer parking spaces; or b. Permitted as a conditional use when located in anas shown on Map XIA and containing more than twenty (20) spaces; or c Prohibited in areas not shown on Map XIA. except that temporary accessory sur- face parking areas may be permitted as a condi- tional use pursuant to Section 23.49 J24. (Ord. 112303 § 3<patt), 1985.) U Etftor'i Nate M*»XU is eadBMtttJM cart «f<fcisdapicc Downtown Hartorfr conditional 23.49-324 A. Afl conditional uses shall meet the follow- ing criteria: 1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located. 2. In authorizing a conditional use. advene negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use, if it is determined that the negative impacis cannot be mitigated satisfactorily. B. Principal use parking garages for long- term or scon-term parking may be permitted as conditional uses, if the Director finds that: 1. Traffic from-the garage wul not have substantial advene execs on traffic circulation in fJi? area around the ff^ray- antt 2. The entrances to the garages are located so that they will not disrupt traffic or transit routes; and 3. The traffic generated by the garage will not have substantial adverse effects on pedes- trian circulation. C Surface parking areas where permitted as a conditional use by Section 23.49J22. and tem- porary surface parking areas located on lots vacant on or before January 1. 1985. or on lots which become vacant as a result of a Cry-initi- ated abatement action, may be permitted as con- ditional uses according to the following I. The standards stated for garages in subsection B are mec and • 2. The lot is screened and landscaped according to the provisions of Section 23.49.020, Screening »T»J landscaping of T'lr^'0* parking areas; and 3. For temporary surface parking areas: a. At least twenty percent (20%) of the long-term spaces shall be set aside for car- pools, according to the provisions of Section 23.49.016 B2; and b. The permit may be "y*^ for a maximum, of two (2) yean and «*»" not be renewed; and c The applicant shafl post a bond in an amount adequate to cover the costs of remov- ing the physical evidence of the parking area such as curb cats, paving and parking space striping, when the permit expires. Landscaping need not be removed when the permit axtuieiL, and d. Signs at each entrance to the park- ing area stating the ending date of the permit shall be required. DOWNTOWN ZONING 23.49.338 I.V b. Any blank segments of the facade shall be separated by transparent areas at least two fest (20 wide. c. The total of ail blank facade seg- ments, including garage doors, shall not exceed seventy percent (70%) of the street facade of the structure on each street frontage; or seventy- eight percent (73%) if the slope of the street front- age of the facade exceeds seven and one-half percent (7Vs%). E. Screening of Parking. 1. Parking located at or above street level in a garage shall be screened, according to the following requirements: a. On Class II pedestrian streets. parking shall be permitted at street level when at least thirty percent (30%) of the street frontage of the parking area, excluding that portion of the frontage of the frontage occupied by garage doors, is separated from the street by other uses. The facade of the separating uses shall be subject to the transparency and blank wall standards for Class I pedestrian streets in subsections C and D. The remaining parking shall be screened from view at sorest level and the street facade shall be enhanced by architectural detailing, artwork, landscaping, or similar visual interest features. b. On street parks, parking shall not be permitted at street level unless separated from the street by other uses, provided that garage doors need not be separated. c. The perimeter of each floor of parking garages above street level shall have an opaque screen at least three and one-half feet <3«/r)high. 2. Surface parking areas shall be screened and landscaped pursuant to Section 23.49.020. Screening and landscaping of surface parking areas. F. Street Tree Requirements. Street trees shall be required on ail streets abutting a lot. When areaways are located beneath the side- walk, the street trees shall be planted in bdow- grade containers with provisions for watering the trees. Street trees shall be planted according to The City of Seattle Board of Public Works Dree Planting Standards. (Ord. 112519 § 37, 1985: Ord. 112303 § 3{part). 1985.) I. Ediior'i Note MavXIAU codified at tiwrad of thaetaowrZ. Editor'! Note The Enerjy Cod* b codified ax Subtitle VII of Tiite 22 af this Code. Subchapter XH Pike Market Mixed Part 1 Use Provisions 23.49.336 Pike Market Mixed, permitted oses. A. Permitted uses within the Pike Market Historic District, shown on Map XIIA,' shall be determined by the Pike Place Market Historical Commission pursuant to the Pike Market His- torical District Ordinance. Chapter 25.14, Seattle Municipal Code. B. In areas* outside of the Pike Market His- toric District in the Pike Market Mixed (PMM) zone, as shown on Map XHA. all uses are permit- ted outright except those specifically prohibited by Section 23.49 J38. (Ord. 112303 § 3(pan), 1985.) i. £diior> Note MipiOUb codified 11 thteul of thiieiapier. 23.49:338 Pike Market Mixed, prohibited uses. A. The following uses are prohibited as both principal and accessory uses in areas outside of the Pike Place Market Historic District, Map XIIA:' 1. Drive-in businesses, except gas sta- tions located in parking garages: 2. Outdoor storage; 3- Adult cabarets, adult option picture theaters and adult panorams; 4. Transportation faoKri**? 5. Communication facilities: 6. All tfffHerat irtaTmfymring i|5yy 7. All salvage and recycling uses, except recycling collection stations: and 3. All industrial uses. B. Within the Pike Place Market Historical District, Map XUA. uses may be prohibited by the Pike Market Historical Commission pur- suant to the Pike Market Historical District Ordi- nance.1 (Ord. 112303 § 3(panX 1985.) I. Editor's Note: Map XBA a codified at the end of thbehaptec i. Editor's Ne«e: Th* POt* Market Hiooricai District Oidiiuac* b codified at Chapur 25.14 of (hia Code. 23-342^7 19 INDUSTRIAL Chan A for Section 23.50.012 (Candnned) Uses E. Entertainment. 1. Places ot' public assembly. 3. Performing arts theater b. Speoator sports facility. c. Lecture and meeting hails d. Morion picture cheater e. Motion picture theater, adult f. . Aduit panorama £• Aduic Cab*r«c 2. Participant sports and recreation. a. (ndoor b. Outdoor F. Wholesale showroom G. Mini-warehouse H. Warehouse L Outdoor storage . J. Transportation Facilities. 1. Personal transportation services 2, Passenger terminal 3. Cargo terminal 4. Transit vehicle base S. Hdistop 6. Heliport 7. Airport, land-based 8. Airport, water-based 9. Railroad switchyard 10. ga«i*naH switcfavard with mechanize K. Food processing and craft work L. Research and development laboratory IV. Salvage and Recycling. A. Recycling collection station B, Recyding center C. Salvage yard IB P P P P X X X PP P P P P • PP Pa;ecu X X XP d htunn X«• *«•••• mj* mm P P P P X Zones 1C P P P P X X X PP P P P P PPPcucuecuecu"ecuP •x P P P P X IG1 & IG2 P P P P X X X P P P P P P PPPcucuecuecuecu P cu P P ' P ? P 23-342.61 20 INDUSTRIAL 23J0.018 standards of the Puget Sound Air Pollution Con- trol Agency (PSAPCA), and shall be incorpo- rated into the design and operation of the facility; and d. Landscaping and screening, sepa- ration from less-intensive zones, noise, light and glare controls, and other measures to insure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the faculty. 6. Heiistops may be permitted as a Coun- cil conditional use in the Industrial Buffer (IB) zone according to the following criteria: a. The helistop is located to mini- mize impacts, such as noise and dust impacts, on lots in residential zones; b. The lot is of sufficient size that the operations of the helistop and. the flight paths of the helicopter are buffered from the surrounding area; c. Open areas and landing pads are hard-surfaced; d. The helistop meets all federal requirements, including those for safety, glide aqgift and approach lanes; and e. The helistop is an integral element of the service provided by the business nrahlrrfi- ment to which it is accessory. (Ord. 1 13658 § «Kpart), 1987.) t. Editor'* Note Otdioaaet I136JI wu idocud by <h* dry Council on October i.-|«7. Sttbchmptcr in Derciopaent Standards in AH Zones 23.50.016 Landscaping, curbs and aid«walks— Standards on designated streets. Uses located on streets which have been desig- nated on the Industrial Streets Landscaping Maps, P«Mhft« 23 J0.016" A and B, shall provide curbs and sidewalks 3s outlined in subsections A, B and C below. (See Exhibits 23.50.016 A and 23 J0.016 B.) A. Street Trees; All uses shall provide street trees along the designated street frontage. Street trees shall be provided in the planting strip according to Cry of Seattle Board of Public Works Tree Planting Standards. If it is not feasi- ble to plant street trees according to City stan- dards, a Eve-foot (50 deep landscaped setback area shall be required aloof the street property lines and street trees shall be planted there. If a landscaped area is already required, the street trees shall be planted there if they cannot be placed in the planting snip. Trees planted in this setback areashail be at least two feet (I4) from the street lot line. B. Curbs and Sidewalks. All uses «h3" pro- vide curbs and sidewalks along the designated street frontage. This requirement may be waived by the Director in consultation with the Director of Engineering under the Mowing conditions: 1. Full street improvement would not be practical due to'topography and/or location in an environmentally sensitive area; 2. Street improvements would remove natural features such as tress or disrupt existing drainage patterns: 3. Full street improvement would adversely affect abutting property; 4. The street is nptirnpioved to standard, but is adequate ibranricxpated current and future needs. " 'm C Screening. Afl outdoor storage, including off*trcct parking for two (2) or more fleet veni- ctevoutdoor storage for recyclable TMW*^* and outdoor manufacturing, repairing, refuse com- pacting or rtcycfing activities, shall provide view- obscuring screening along iunei lot i"*** miU»«« the storage or activity a fifteen feet (150 above or below the street. If the specific zone requires more extensive landscaping or screening provi- sions, the more extensive provisions «fr«H appiv. (Ord. 113658'$ 4<panX 1987.) 23.50.018 View corridors. A. On lots which are partially within the Shoreline District, except those on the Duwamish Waterway, a view corridor shall be ifi^nii>«f for *hc non-shoreuoe portion, if the portion of the lot in the Shoreline District is required to provide a view corridor under the Seattle Shoreline Master Program.1 B. The required width of the view corridor or corridors shall be not more than one-half ('A) of the required width of the view corridor required in the adjacent Shoreline District. C. Measurement, modification or waiving of the view corridor requirement shall be according to the Shoreline District measurement regula- tions. Chapter 23.60. (Ord. 113658 § 4<partJ, 1987.) 23-342,71 '21 SHORELINE DISTRICT 23.60.668 a. Maintain views tram upland pub- lic spaces and rights-of-war, b. Ensure saruciure heights that pro- vide a transition to the lower pier structures in the Historic Character Area;c. Maintain a structure height along Alaskan Way frontage thai is consistent with. existing pier development, maximizes solar access to Alaskan Way and establishes a scale of development in keeping with the pedestrian character; and d. Provide a transition in height and scale between the waterfront and abutting upland development. 5. Public Access. Public access shall be required according to the following guidelines to ensure arms to the water and marine activity without conflicting with the operation of water dependent "yrr a. Public access ih»» be provided approximately equivalent to fifteen percent (12%) of the lot coverage or five thousand (5,000) square feet, whichever is greater, except as pro- vided in subsection b3 below. b. Area fa^p**** for public shall be subject to the following conditions: (1) Where the water-dependent use will benefit from or is compatible with public access, soch as passenger i^mtinai*, ferry opera- tions and tour boats, the access shall be provided in conjunction with (2) Where public access would conflict with the operations of the water-depen- dent use, access requirements may be met on alternative portions of the lot; (3) Where the entire lot is to be occupied by a water-dependent use, the Council may permit a partial waiver of the public access requirement; (4) To qualify as public *<•'•**«_ an area «fr»n be directly accessible from Alaskan Way and dearly related to public open spaces. Efforts should also be nude to physically and visually fo*fc* public ^*T*H ar**^f over water with the east/west iueeta providing H«if« to areas; (5) The public acmt area shall provide the public with visual and physical access to the shoreline area, Preference shall be given to perimeter access on over-water struc- tures providing m"*'""1*" exposure to the bay and surrounding activity; (6) Interpretive features such- as displays or special viewing equipment shall be incorporated in public access areas. Maritime museum space which is fully enclosed will act count as public 3*"*??^? space; (7) Up to fifty percent («0%) of the total public arcrK area may be covered, provided that at least fifty percent ( 50%) of the perimeter o f any covered area is open to views of the water; (8) A portion of the required pub- lic access area, not to exceed fifty percent (20%), may be provided at an elevation exceeding two feet (20 above or beiowthe grade of Alaskan Way. The area must be open to views of the water along at least fifty percent (50%) of the perimeter. be easily identifiable as public space and be fully accessible to the public. 6. View Corridors. View corridors shall be provided equivalent to thirty percent (30%) of the street frontage of the lot. The following con- ditions for view corridors <ha11 be met: a. Viewcorridonshall allow views of the water from the street. View corridors <"»» and enhance pedestrian views from Alaskan Way along traditional view corridors established by submerged street rights-of-way, as well as views from upland areas along east/west rights-of-way. View corridors shall provide views past pier development out into the open water of Elliott Bay and to (he Olympic Mountains where possible; b. View corridors shall opportunities for views of the bay and waterfront activity along Alaskan Way to enhance public open space '*"* pubnc *"***?¥ areas; c View corridors through a develop- ment site shall be encouraged to assist in reliev- ing the overall sense ofbuik of development over water; and d. Overhead weather protection, arcades or other architectural features may extend into the view corridor only if they do act obstruct views from pedestrian areas at Alaskan Way or on upland streets. (Oxd. 113466 § 2(parrX 1987.) 23.60.668 Prohibited uses on waterfront lots la the UH Eartronnwnt. The following uses are prohibited as principal uses on waterfront lots in the UH Environment: B. The following commercial i 1. Medical services, 2. Animal services. 23-360.49 22 23.60.668 LAND USE CODE 3. Automotive retail sales and service, 4. Lodging, except existing hotels, 5. Mortuary services. 6. Offices at wharfystreet level, 7- Adult cabarets, adult motion picture theaters and adult panorama; 8. Parking, principal use, 9. Nonhousehoid sales and services, 10. Mini-warehouses, 11. Personal transportation services. 12. Cargo terminals, except breakfauik, 13. Transit vehicle bases, 14. Heliports, and 15. Airports, land-based; C. Salvage and recycling uses; D. The following utilities: 1. Solid waste transfer stations, 2. Power plants, and 3. Sewage treatment plants; E. General and heavy TPaTin^rmr^K F. The following institutional uses: 1. Schools, elementary or secondary, 2. Hospitals,. 3. Religious JfanlitfcSi and 4. Private yacht, boat and beach dubs; G. Public facilities or projects that are non- watcr-dependent except those that are pan of public improvement plan for the harborfront adopted by the Council; H. High-impact uses; L Agriculture uses except aquaculture J. Groins and similar structures which block the flow of sand to adjacent beaches, except drift sflls or other structures which are pan of a natural OCSCXl P-TOTCCPOfl 3Y51C^B* 2Ou K. Landfill which creates dry land. (OnL 113764 | l(part), 1987; Ord. 113466 $ 2(pan}, 1987.) 23.60.670 Permitted uses on upland lots in thft Uxi f iiTir0*1^***^?! A. Uses Permitted Outright. The following uses shall be pertained outright on upland lots as principal or accessory uses in the UH Environ- ment: 1. Uses permitted outright on waterfront lots in the UH environment; 2. Additional uses pet mined outright on upland lots: a. Residential 05W. b. The following commercial uses: (1) Nonhousehoid retail sales and services. ..... cipaluse, ices, (2) Warehouses, (3) Medical services, (4) Lodging, (5) Offices at street level, (6) Parking garges, principal use, (7) Surface parking areas, prin- (8) Personal transportation, serv- c. Institutions, and d. Public facuJnes. • B. Uses Permitted as Special Uses. Uses per- mfttett as special uses on wateroont in the UH Environment lots are permitted as special uses oo upland lots. (Ord. 113466 f 2(pan). 1987.) 23.60.672 Prohibited uses on upland lots la tb* UH Enriroameat. Uses prohibited on waterfront iocs in the UH environment are also prohibited on upland lots unless specifically permitted in Section 23.60.670. (Ord. 11346612(pan), 1987.) Pan 2 Development Standards Development standards for tfat Un iLATVC 23.60.690 All developments in the Urban Harborfront Environment shafl meet the requirements ofPart 2, except when the Water-dependent Incentive Development Standards of Section 23.60.666 apply, as well as the development standards »Mral| fnvirnnmrfffi i chapter IE, General Provisions. (Ord. 113466f2(part), 1987.) 23.60.692 Height in th* UH Earirooment. A. Waterfront Lots. The maximum height in the UH Environment shafl be ferry-five feet (450 except in the Hfamug Character Area where the ; shafl be fifty feet (500 *U by subsecQon C below. B.. Upland Lots. The maximum bright shafl be fifty-five feet (550. sixty-five feet (650, eighty- five feet (850. one-hundred feet (100*), one hun- dred twenty-five feet (1250, or one hundred sixty feet (1650, as determined by kjcarion on the Offi- cial Land Use Map, Chapter 23J2, except as modified by this section. C Height Exceptions. • . .. . 23-360.50 23 23.66.115 LAND USE CODE protect the public health, safety and welfare or when the purposes of this ordinance will be fur- thered by the demolition or reaoval. then the Director of Community Development, follow- ing review and recommendation by the Board, may authorize such demolition or removal whether the prerequisites of this section are satis- fled or not. (Ord. 1121345 l(part). 1985.) Part 2 Use and Development Standards 23.66.120 Permitted uses. A. All uses are permitted outright except those that are specincaily prohibited by Section 23.66.122 and those that are subject to special review as provided in Section 23.66.124. B. All uses not specincaily prohibited are per- mitted as both principal and accessory uses except: 1. Gas stations, which shall be permitted as accessory uses only in parkin? garages; and 2. Principal use parking garages, which shall be permitted only after special review by the Preservation Board pursuant to Section 23.66.124 of this chapter. Accessory parking garaoes shall be permitted outright. (OnL 112134$ l(nart). 1985.) 23.66.122 Prohibited uses.' A. 1. The following uses are prohibited in the entire District as both principal and accessory uses: Retail ice dispensaries Plant nurseries Frozen food lodcers Animal services Automotive retail sales and service, except gas stations located in parking garages Marine retail sales and service Heavy commercial services Fuel sales Sales, service and rental of commercial equipment and construction materials Adulc cabarets Adult morion picture theaters Adult panorams Bowling alleys Skating rinks Communication utilities Advertising signs and off-premises directional signs Transportation facilities; except pas-senger terminals Outdoor storage. 2. Commercial uses which are vehicle- oriented shall be pronibited in the area of the District identified on Map B.1 Such uses include, but are not limited to the following: Drive-in businesses, except gas sta- tions accessory to parking garages: Principal and accessory suriace park- ing areas not in existence prior to August 10. 1981: Motels. B. All general and heavy manufacturing uses, salvage and recycling uses except recycling col- lection stations, and all high-impact uses are pro- hibited both as principal and as accessory uses. C. Discouraged Street-level uses. *1. The following uses are discouraged a: street level in the area designated on Map D:: a. Any use occupying more than fifty percent (50%) of any block frontage: b. Retail sales and services over three thousand (3.000) square feet and all other uses over ten thousand (10.000) square test: c. Administrative offices and medi-. col services which comprise more than twenty percent (20%) of any Mode frontage: d. Parking garages which are not accessory to preferred uses. 2. Discouraged uses may be approved by the Community Development Director after review and recommendation by the Preservation Board if an applicant demonstrates that the pro- posed use is compatible with uses preferred at street level D. Approved street-level uses in the area des- ignated on Map D1 shall be subject to the follow, ing conditions: U No use may occupy more than fifty percent (50%) of the strest-levd frontage of a block that is twenty thousand (20.000) square feet or more in ares 2. Human service uses and personal serv- ice establishments, such as hair cutting and tan- ning salons, may not exceed twenty-five percent (22%) of the total snest-tevel frontage of any block front. E. UK following uses shall be prohibited at street level in the area designated on Map O.; Wholesale showrooms: Vocational and fine arts schools: Radio and television studios: Taxidermy shops: Appliance repair shops: Upholstery establishments: 23-366 24 SPECIAL REVIEW DISTRICTS 23.66.326 1. Gas stations. which are not permitted as principal uses and are permitted as accessory uses only in parking garages: 2. Surface parking areas, which are not permitted as principal uses but may be permitted as accessory uses pursuant to Section 23.66.342 of this Land Use Code: and 3. Principal use parking garages, which may be permitted only if approved after special review by the Board pursuant to Section 23.66.324 of this Land Use Code. Accessory parking garages shall be permitted outright. (OnL 112134'$ I(part), 1985.) 23.66 J22. Prohibited oses. A. The following uses shall be prohibited as both principal and accessory- uses in the entire International Special Review District: eabarecs Adult motion picture theaters Adult panorams All general and heavy manufacturing uses All high-impact uses All salvage and recycling uses, except recy- cling collection stations Automotive retail sales and service Bowling lanes Communication utilities Sales, service and rental of commercial equipment and construction materials Drive-in businesses Frozen food lockers Heavy commercial services Marine retail sales and services Medical testing laboratories Mortuary services Moteis Outdoor storage Plant nurseries Retail ice dispensaries Shooting galleries Skating rinks Mobile home parks Transportation facilities except passenger terminals Animal services. B. In addition to the prohibited uses listed in subsection A. light manufacturing uses that occupy more than ten thousand ( 10.000) square feet are prohibited in that portion of the Interna- tional Special Review District west of the Inter- state 5 Freeway. C. All light manufacturing uses are prohi' ited in that portion of the District in the IDR Zone. (Ord. 112777 § 34.1986: Ord. 112519 § 43. 1985: OnL 112303 § 8. 1985: Ord. 1I2I34 $ l(pan). 1985.) 23.66J24 Uses subject to special review. A. The following uses shall be subject to spe- cial review by the Board: Fast food restaurants: Hotels: Planned community developments: Principal use parking garages: Street-level uses subject to special review as provided in Section 23.66.326 C. B. Nature of Review. 1. The evaluation of applications for uses subject to special review shall be based upon the proposal's impacts on the cultural, economic. sotiaL historical and related characteristics of the International District, particularly those charac- teristics derived from its Asian heritage: existing and potential residential uses: the pedestrian environment: traffic and parking in the District: noise and light and glaze. 2. In reviewing applications for prin- cipal-use parking garages, the Board shall con- sider the potential of the proposal to serve the panicularparking needs of the International Dis- trict. The Board shad encourage participation in an area-wide merchants' parking association. C. The Board may recommend to the Direc- tor that an application for special review be approved, approved with conditions, or denied. (Ord. 112303 § 9. 1985: Ord. II2134 § Upart). 1985.) 23.66 J26 Stnet-lerel usta. A. To retain and strengthen the King Street business core as a pedestrian-oriented retail shopping district, street-level uses shall be required on streets designated on Map B.1 the International District Retail Core. Required street-level uses snail satisfy the standards of this section. B. Preference shafl be given to pedestrian- oriented retail shopping and service business uses that are highly visible or prominently dis- play merchandise in a manner that contributes color and activity to the streetscape. including but not limited to: Apparel shops ... Bakeries ..... . . - - ••-• 23-375 25 27 "Block face." See "Block front." "Block front" means the frontage of property along one (1) side of a street bound on three (3) sides by the centeriine of planed streets and on the fourth side by an alky or rear property lines (Exhibit 23.84.004 BJ. "Boarder" means a person who rents a room or rooms for lodging purposes within a dwelling unit on not less than a monthly basis. "Boarding house." See "Residential use." "Brewpub." See "Eating and drinking estab- lishment.'' "Bridge, access." See "Access bridge." "Building," See "Structure." "Bus base." See "Transportation facility." "Business district identification sign" means an off-premises sign which gives the name of a business dissict or industrial park and which may list the nil**"*! of individual businesses within the district or park, "Busine orinsdtunonaiunh organized forthe purposes of conducting business and/or providing a service. In order to be considered a separate business *Trih\\*ttTfi*ftT 2 business «fraH be physically sep- arated from other businesses. Businesses which share common such as reception areas* checkout stands, and similar features (except shared building lobbies JTirl bathrooms) «fraH be considered one (1) business establishment, except when they are located in a business incubator. A business establishment may be located in more than one (1} structure provided that the uses in the structures are funcnoaally related. The structures may be located on a single lot or on adjacent lots. A business establishment may be a ' n " MH*«-I«| ) m^^nhi-^i^r^o institu- tional, or any other type «*f nrtm-^iH "Business incubator." See "Non-household sales and services." . "Business sign.1* See "Sign, business." "Business support service." See "Non-house- hold sales fTKl services.1* (Ori 113263 5 31, 1986; OnL 112777 § 37, 1986; OnL 112830 § 12, 1986; Ord, 112203 § 12, 1983; Ord. 111926 f 6, 1984; Ord. 111390 § 42. 1983; OnL 110570 § 13, 1982; Old. 110381 § l(part), 1982.)' 1. Editor's Note ORfiaM«IU777«i*»|ncdbrtte Mayor oa April 10. IM6 ad beam cflfnhw am JWM 9. 19U. Onfiaanc* 112X30 »•! acncd by the ktojwr on May 9. 19M wxl I DEFTNTnONS 23.84.006 tSeai-n an June i. 1914: ttraa Orainince 112777 is tie liirr 23A4JW6 -C- "Cabaret, adult. See "Places of. Public Asaagbly." "Canopy" means a nonrigid, retractable or aonretractable, protective covering located at the entrance to a structure. "Caretaker's quarters." See "Residecnal use.'* "Cargo terminals," See "Transportation facil- ity." 23-424.1 25 DEHNmONS 23.34.030 stores include but are not limited to grocery, hardware, drug, and variety stores. 4. "Specialty food store" means a per- sonal and household retail sales and service use in which food such as salads, deli meats, desserts, baked goods, whole pizzas, and other ready-to- eat foods are prepared and sold, generally for consumption on other premises. Specialty pack- aged foods, and/or bulk items such as cheese, may also be sold, and the square footage of any area used for seating for the immediate con- sumption of food shall be no more than three hundred (300) square feet. If more than three hundred (300) square feet are devoted to seating space, the entire use shall be considered an eating and drinking establishment rather than a spe- cialty food store."Personal transportation services." See "Transportation facilities.** "Pitched roof* means any non-horizontal roof. "Placard" means a highly visible notice at least eleven (II) by fourteen inches (14*) in size with headings which can be read from a distance of seventy-five feet (750 by persons of normal visual acuity. "Places of public assembly" means an enter- tainment ^isc is which cultural, entertainment, athletic, or other events are provided for spec- tators eitherin or out of doors. Examples indude but are not limited to motion picture and per* forming arts theaters, spectator ipom facilities, and lecture and meeting halls. Places of public assembly accessory to institutions or to public parks or playgrounds shall not be considered commercial uses. * 1_. "Cabaret, adult means JL place of public assembly, vfaere li.cenai.ng «a an "adult .entertainment premises" Is required b£ SMC 6.270. •h2L."Motion picture theater" means a place of public assembly intended gr><^ expressly designed for the presentation of motion pictures, other than an adult motion picture theater 2i."Motion picture theater, adult" means a plan* of public assembly in which, in an gnciosCTJ building, motion picture films are pre- sented which are distinguished or characterized by an emphasis on matter depicting, describing prrdaring to "specific sexual activities" or "spec- ified anatomical areas, "as denned in this subsec- tion, for observation by patrons therein: a. "Specified sexual activities": (1) Human genitals in a state of sexual stimulation or arousal: (2) Acts of human masturbation, sexual intercourse or sodomy; (3) Fondling or other erotic touch- ing of human genitals, pubic region, burtock or female breast. b. "Specified anatomical areas": '(1) Less than completely and opaquely covered: (a) Human genitals, pubic region, (b) Buttock, or (c) Female breast below a point immediately above the top of the areola; or (2) Human tnal» genitals in a dis- ceraifaly turgid state, even if completely and opaquely covered. 3-.4 ."Panoram. adult" means a device which exhibits or displays for observation by a patron a picture or view from film or videotape or <?Tniiar means which is ^5*1*1 g"f«^<"j or char- acterized by an emphasis on "?TTT depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined in subsection 2: .3 • ^."Participant sports and recreation" means an entertainment use in which facilities for engaging m sports and recreation are pro- vided. Any spectators are incidental and are not charged admission. There are two (2) types of participant sports and recreation uses — indoor and outdoor. Participant sports and recreation uses accessory to institutions .or to .public parks or playgrounds shall not be considered commer- cial uses. a. "Participant spoils and recreation, indoor" means a participant spam and recrea- tion use in which the sport or recreation is con- ducted within an enclosed structure. Examples indude but are not i«T"t««l to bowling alleys, roller ^"^ ice skating rinks, ff"T"*» ha 1^5 racquet- bail courts, physical fitness centers and gyms, and videogame parlors. b. "Participant sports and recreation, outdoor" means a participant sports and recrea- tion use in which the sport or recreation is con- ducted outside of an enclosed structure. Examples indude t«*fim« courts, water slides, and driving ranges. *fi ."Performing arts theater" means a place of public assembly intended and expressly designed for the presentation of live perform- ances of drama, ^*IKT 3**^ tt»«<«» <7 ."Spectator sports facility" means a place of public assembly intended and expressly (Soon**!) 27 23.84.030 LAND USE CODE • designed for the presentation of spons events, such as a siadium or arena. "Planned community development (PCD)** means a zoning process which authorizes excep- tions from certain development standards for structures on large tracts of land in certain down- town zones, A PCD is developed as a single estiry through a public process, and requires Council approval. "Planned residential development (PRD)" means a zoning mechanism which allows tor flexibility in the grouping, placement, size and use of structures on a fairly large tract of land. A PRD is developed as a single entity, using a pub- lic process which incorporates design review. "Planting strip" means that part of a dedicated street right-of-way between the sidewalk and the stress. "Plat" means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets and alleys . or other divisions and dedications. "Plaza, urban" means a public benefit feature consisting of a public open space in the most intensely developed areas of downtown which is located to create a focus for surrounding devel- opment, increase light and air at street level, and ensure adequate space at transit stations and major transfer points to increase the conve- nience and com/on of transit riders. "Porch" means an elevated platform extend- ing from a wall of a principal structure, with steps or ramps to the ground providing access by means of a usable doorway to the structure. A porch may be connected to a deck. (See also "Deck.") -Power plant," See "Utility." "Preliminary plat" means a neat and approxi- mate drawing of a proposed subdivision snowing the general layout of streets and alleys, lots, blocks and other elements of a subdivision which shall furnish a baas for the approval or disap- proval of the general layout of a subdivision. "Preliminary plat approval of a subdivision, fully complete application." See "Application." "Principal structure" means the structure housing one (1) or-more principal uses as dis- tinguished from any separate structures housing accessory uses. "Principal use" means the main use con- ducted on a lot, dominant in area, extent or purpose to other uses which may also be on the lot. "Private dub." See "Institution.'' "Private garage" means an accessory straaure or an accessary pardon of the principal strucrurs. designed or used for the shelter or storage of vehicles owned or operated by the occupants of the principal structure. (See "Carport.") "Private usable open space." See "Open space, usable, private." "Processing and craft work" means one of the following commercial uses: 1. Processing of food for human con- sumption; 2. Custom and craft work. "Public atrium" mpns a public benent fea- ture consisting of an- indoor public open space which provides opportunities for passive recrea- tional activities and events, and for public gatherings, in an area protected from the weather, and including such amenities as searing. landscaping and artwork. "Public benefit feature" means amenities, uses, and other features ofbenent to the public in Downtown zones, waichareprovidedby adevel- oper and which can quality for an increase in floor area. Examples induce public open space, pedesinan improvements, housing, and provi- sion of human services. "Public boat moorage" meansapierorsystem of float or fixed aceea ways 10 which boats may beseemed and which is owned, operated or fran- rhfcetj by a governmental agency for use by the general public. "Public convention center" means a public faculty of three hundred thousand (300,000) square feet or more, the primary purpose of which is to provide facilities for regional, national and iniemationai conventions and which is owned, operated or franchised by a unit of general- or special-purpose government. A public convention center may include uses such as shops, personal services and restaurants which may be owned, operated or francnised by either a unit of general- or special-purpose government or by a private entity. "Public display space." See "Museum." "Public faculty" meansa public project or dryfaculty. "Public project" means a faculty owned, oper- ated or franchised by a unit of general or special- purpose government except The City of Seattle. "Public school site, existing" means any prop- erty acquired and developed for use by or for the proposed public school before the effective date of the ordinance codified in this paragraph.1 A (Santa 4-f«>23-436.8 28 17 REPORT ON THE SECONDARY EFFECTS OF THE CONCENTRATION OF ADULT USE ESTABLISHMENTS IN THE TIMES SQUARE AREA April 1994 PREPARED BY INSIGHT ASSOCIATES REPORT ON THE SECONDARY EFFECTS OF THE CONCENTRATION OF ADULT USE ESTABLISHMENTS IN THE TIMES SQUARE AREA April 1994 ©1994 TIMES SQUARE BUSINESS IMPROVEMENT DISTRICT 1560 Broadway. Suite 800, New York, NY 10036 (212) 768-1560 Gretchen Dykstra. President INTERVIEW FINDINGS Property and Business Owners Community Residents and Organizations APPENDIX MAP TABLE I: POPULATION CHARACTERISTICS TABLE II: AGE CHARACTERISTICS TABLE III: ACTUAL ASSESSED VALUES, CHANGES FROM 1985-1993 FOR SELECTED BLOCKFRONTS TABLE IV: BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS TABLE IVa: BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS TABLE IVb: BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS TABLE V: CRIMINAL COMPLAINTS FOR SELECTED BLOCKFRONTS TABLE VI: PROSTITUTION AND RELATED ARRESTS FOR SELECTED BLOCKFRONTS TABLE Via: PROSTITUTION ARRESTS AT SELECTED LOCATIONS TABLE OF CONTENTS EXECUTIVE SUMMARY INTRODUCTION SUMMARY OF LEGAL ISSUES AND THE EXPERIENCE ELSEWHERE Other Secondary Effect Studies A BRIEF HISTORY OF ADULT ENTERTAINMENT IN TIMES SQUARE APPROACH AND METHODOLOGY Gathering Data on Assessed Property Values Gathering Crime Data Selecting the Interviewees TIMES SQUARE: ITS PROMINENCE AND ITS PEOPLE Demographics and Housing Total Population Housing Units Age Employment Characteristics TIMES SQUARE NEIGHBORHOOD: ITS ZONING AND ITS USES Zoning Special Districts Land Uses ADULT USE ESTABLISHMENTS AND PROPERTY VALUES Total Assessed Value Changes on Individual Properties Department of Finance Assumptions ADULT USE ESTABLISHMENTS AND CRIMINAL ACTIVITY General Crime Statistics Criminal Activities: Drugs and Prostitution Arrests EXECUTIVE SUMMARY BACKGROUND After a dramatic decline in the number of adult use businesses in Times Square from an all- time high of approximately 140 in the late 1970s to 36 in June, 1993, the business and adjacent residential communities view with concern the increase to 43 in the last few months. The area of concentration of these businesses has shrunk and shifted from Broadway and Seventh Avenue to Eighth Avenue and the western edge of 42nd Street block between Seventh and Eighth Avenues. This summer the City and State will begin condemnation procedures against the remaining private parcels on the northeast corner of 42nd Street and Eighth Avenue. This action will reduce the overall number but displacement onto Eighth Avenue is possible. Times Square is one of the City's most eclectic and vibrant commercial areas, producing extraordinary economic fuel and firing the imaginations of millions worldwide as the international icon of vitality and vibrancy. Times Square is home to some of the City's major corporations with more than 30 million square feet of office space. The BID represents approximately 400 property owners and 5,000 businesses including giant entertainment companies, international security firms, large law firms, theatrical agents and publishers. Times Square has a daily pedestrian count of 1.5 million people. It is the capital of legitimate theater for the nation with 37 Broadway theaters and a total of 25,000 seats. These theaters together sell some 8 million tickets annually, pumping $2.3 billion into the New York City economy annually. Approximately 20 hotels with 12,500 hotel rooms (one-fifth of all hotel rooms in Manhattan) house some five million visitors a year and more than 200 restaurants, the largest concentration in any City neighborhood, serve them and local patrons. The Convention and Visitors' Bureau estimates 20 million tourists come to Times Square annually. But Times Square is also home for thousands of residents who live within its heart or immediately adjacent to it. The BID alone has six churches within its boundaries. Among the 25,651 people who live in six census tracts which include 42nd to 54th from Sixth to Tenth Avenues, 15.4% are 62 years or older which is similar to Manhattan as a whole and to the two community districts (CB4 and CB5) in which Times Square exists. In 1990 nearly 2,000 children under the age of 14 lived in this area, too. Both old and young are generally circumscribed by their immediate community. The Census data also show that 48% of these residents work within less than half an hour from their homes and walk to work, spending both their working and off-hours in the Times Square area. This percentage is higher than the percentage for the borough as a whole and is much higher than the percentage of those in the other four boroughs. Crime has plummeted over the past several years in Times Square with an estimated reduction by 60% on West 42nd Street alone. This reduction came in part from the closing of many adult use establishments on 42nd Street between 7th and 8th Avenues and the close coordination between the NY Police Department and the Times Square BID. The BID with its 40 public safety officers has witnessed an overall reduction of street crime within its boundaries by 19%, comparing 1992 to 1993, including an impressive reduction of 38% in grand larceny from the person. BID statistics also reveal that three card monte games have been reduced by some 57% over the past year. The most recent Mayor's Sanitation Scorecard rated the sidewalks of Times Square at an impressive 93% thanks in large measure to the BID's 45 sanitation workers. In addition, the BID's homeless outreach team has placed many needy people in shelters and services. During 1993, the City Council introduced legislation that would restrict the locations of adult uses citywide. This proposed legislation, along with similar bills proposed and enacted in cities across the nation, including Detroit, can only be upheld constitutionally, if it can be supported by documentation of negative secondary effects as well as evidence that the establishments could locate somewhere accessible for their patrons. The Times Square BID commissioned an objective, fact-finding study to determine the effect, if any, these adult use businesses have on one of the City's most commercially vital areas. In this study, as in other secondary effects studies, researchers combined analysis of available data on property values and incidence of crime together with a demographic and commercial profile of the area to show relationships, if any, between the concentration of adult use establishments and negative impacts on businesses and community life. The study also includes, as allowed by Courts, anecdotal evidence from property owners, businesses and community residents and activists of their perceptions of the impact adult establishments have on their area. FINDINGS o All survey respondents acknowledged the improvements in the area and voiced "**»»" optimism about the future of Times Square even as they bemoaned the increase of adult establishments on Eighth Avenue. Many respondents felt that some adult establishments could exist in the area, but their growing number and their concentration on Eighth Avenue constitute a threat to the commercial prosperity and residential stability achieved in the past few years. o Although the study was unable to obtain data from before the recent increase in adult establishments and, thus, unable to show if there's been an increase in actual complaints, there were, in fact, 118 complaints made on Eighth Avenue between 45th and 48th compared to 50 on the control blocks on Ninth Avenue between 45th and 48th Streets. In addition, the study reveals a reduction in criminal complaints the further one goes north on Eighth Avenue away from the major concentration of these establishments. o The rate of increase of total assessed values of the Eighth Avenue study blocks increased by 65% between 1985 and 1993 compared to 91% for the control blocks during the same period. Furthermore, acknowledging the many factors that lead to a property's increased value, including greater rents paid by some adult establishments, an assessment of the study blocks reveal that the rates of increases in assessed value for properties with adult establishments is greater than the increase for properties on the same blockfront without adult establishments. o Many property owners, businesses, experts and officials provided anecdotal evidence that proximity (defined in various degrees) to adult establishments hurts businesses and property values. INTRODUCTION After a dramatic decline in the number of adult use establishments in the Times Square area in the last eight years, Times Square, like other neighborhoods in the city, has experienced a sudden increase, especially along Eighth Avenue. This recent increase of adult businesses must be seen in the context of the current resurgence of Times Square as New York's premier tourist, entertainment, and commercial center. Member organizations of the BID and other concerned citizens have expressed particular concern about the impacts of a dense concentration of these businesses on the commercial life of the area. Thus, this study was commissioned by the Times Square Business Improvement District. The Times Square Business Improvement District works to make Times Square clean, safe and friendly. The Times Square BID, working collaboratively with city agencies, community organizations and the many individuals and groups with a shared interest in the vitality of Times Square, provides supplemental security and sanitation services, homeless outreach efforts, tourism assistance and special events and marketing. The BID extends from 40th to 53rd Streets, just west of Sixth Avenue to the west side of Eighth Avenue. Along 46th Street, it stretches to 9th Avenue. Its over four hundred members represent five thousand businesses and organizations in the Times Square area. Supported by mandatory assessments on local property owners, the BID has an annual budget of $4.6 million. It is an independent not-for-profit organization, with a 46-member Board of Directors representing large property owners, large and small commercial tenants, residential tenants, and social service agencies. During 1993, legislation was introduced in the City Council that would restrict the placement of adult uses on a city-wide basis. This legislation was spurred in large part by residential neighborhoods that, for the first time, were becoming home to adult establishments. In the summer of 1993 the BID hired Insight Associates to assess that proposed legislation and its possible impact on Times Square in order to help the BID understand its options and determine an appropriate reaction. That study called attention to wider national experience. Legislation regulating adult uses, in order to pass Constitutional muster and be upheld in the courts, must be backed by documented evidence of secondary effects of such businesses and their concentration. The Times Square BID decided to initiate its own secondary effects study, to ensure that the Times Square experience is well-represented in any city-wide debate. The BID again hired Insight Associates, with Ethel Sheffer and Marcie Kesner as principal researchers, in September, 1993. In the same month, the Mayor of the City of New York ordered the Department of City Planning to undertake a secondary-effects study for the entire city. That study has focused on six neighborhoods in the five boroughs, but not on Times Square. We have continued to exchange data and cooperate with City Planning in the course of our two parallel inquiries (See Appendix: The Department of City Planning Secondary Effects Study). In addition, the Borough President of Manhattan has established a Task Force on which the BID serves. The Task Force, staffed by her office, has held public hearings and continues to gather information. It will be issuing its own recommendations in the Spring of 1994. This study, then, seeks to obtain evidence and documentation on the secondary effects, if any, of these adult use businesses in the Times Square Business Improvement District, and of their dense concentrations, especially along 42nd Street and along Eighth Avenue. The BID instructed Insight Associates to follow the models offered by other secondary effects studies. The BID was not seeking an advocacy document, but rather an objective fact-finding study, that would add to the city-wide deliberations and to future attempts to find legal and effective ways to regulate these businesses. Many people contributed a great deal of time and effort to this work. We want to thank particularly the staff of the Management Information Division of the Department of Finance and of the Crime Analysis Division of the New York Police Department, as well as staff of the Midtown South, Midtown North and Tenth Precincts and the Mayor's Office of Midtown Enforcement. We have not quoted any of our 54 interviewees who work and live in Times Square by name, but we thank them for taking the time from their very busy schedules to participate in our survey. We also are grateful to the many people in the real estate sector, the residents and community leaders in several neighborhoods, and the officials of municipal government in New York and other American cities, who were generous with their time in response to our inquiries. SUMMARY OF LEGAL ISSUES AND THE EXPERIENCE ELSEWHERE The concern about the presence of adult businesses in the midst of American cities dates at least from the decades following the Second World War when a recognition of their impact upon surrounding land values and a growing indignation about their effect on communities became widespread. By the early 1990's the regulation of adult use businesses and entertainment establishments had become a serious issue for communities across the United States. This is reflected in a number of studies and public testimony showing a relationship between adult use establishments on the one hand, and declining property values, crime and neighborhood deterioration on the other. It is these "secondary effects" which the Supreme Court and other federal and state courts take into account when ruling on the efforts of communities to regulate these businesses. The present study is not a legal treatise-though it does review some legal precedents by way of background-but an analysis and documentation of the impacts of a concentration of adult use establishments on the Times Square area. The major questions on this subject for a court are whether any limitation on adult uses is based on content, or whether it is based on the secondary effects of these uses on the surrounding community. There have been a number of instances in the last years in which federal courts have found adult use zoning restrictions to be acceptable, if they have been motivated by a desire to protect neighborhood quality, as contrasted with an impermissible desire to ban the message purveyed by the adult uses. It appears that courts will accept restrictions if they serve a "substantial government interest." if any statute is narrowly drawn to achieve that end, and if there are "reasonably available alternative avenues of communication." "Substantial government interest" has been defined to include reasonable attempts by municipalities to reduce urban blight and to preserve neighborhood character. "Alternative avenues of communication" requires that there be enough other places in the city for the relocation of these establishments. The availability of such places needs to be shown in court as a matter of fact. Some cities have employed a variety of regulatory mechanisms. They have created special use zoning districts; they have required that adult uses be located at specified distances from residences, schools, churches, or business and commercial districts; and they have required operators of regulated establishments to obtain licenses or permits. Some illustrations are: o Detroit's adoption of an "anti-skid row" zoning ordinance to disperse and/or bar from designated areas the establishment of a broad array of designated businesses, including adult uses. These restrictions were supported by studies of secondary effects. o Chicago's requirement that owners or managing agents register and provide specific information related to the nature of their business. Chicago also regulates signs and displays by prohibiting the exterior display of sexual activity and nudity. o Renton, a suburb of Seattle, restricted adult motion picture theatres from locating within 1 ,OOO feet of a residentially zoned area or a house of worship, park, or school. The restrictions were upheld because it was found that approximately five per cent of the city's total land would still remain available for adult uses. o Boston's creation of an Adult Entertainment District on the borders of its downtown center, and has thus concentrated rather than dispersed adult uses. This is a two-block area know as the "Combat Zone." o Islip, Long Island's plan to restrict the location of adult uses to industrial districts, a plan that was upheld by the New York State Court of Appeals. Zoning has been an especially frequent tool for cities regulating adult uses, since the Supreme Court has held that adult entertainment is a type of land use, like any other, that can be subject to rational scrutiny under equal protection. (Jules B. Gerard, Local Regulation of Adult Businesses, Deerfield, Illinois: Clark Boardman Callaghan, 1992, p.129). Certain generalizations are seen in the variety of Court rulings in regard to zoning: o Locational restrictions cannot be so severe as to preclude the present and/or future number of adult uses in a city. o The more evident and rational the relationship of adult use restrictions to recognized zoning purposes, (e.g. the preservation of neighborhoods, the grouping of compatible uses), the greater the likelihood that the zoning restriction will be upheld. o The greater the vagueness of a law the more likely it is to be struck down. o If there is too much administrative discretion a law is likely to be struck down, since government may regulate only with narrow specificity. Other Secondary Effects Studies The court decisions supporting and upholding regulatory measures were supported by studies of secondary effects, some of which we summarize below: Detroit: In Young v. American Mini-Theatres. (427 U.S. 1976) the Supreme Court affirmed that cities may use zoning to restrict adult entertainment if adult entertainment is shown to have a harmful impact on neighborhoods. The City of Detroit adopted an anti-Skid Row zoning ordinance in 1962 prohibiting certain businesses, such as pool halls, pawn shops, and in an amended version in 1972, adult bookstores, motion picture theatres, and cabarets, from locating within 1,000 feet of any two other "regulated uses" or within 500 feet of a residentially zoned area. The ordinance sustained in Young was based on studies by urban planning experts that showed the adverse environmental effects of permitting certain uses to be concentrated in any given area. Mt. Ephraim, New Jersey: In the next ten years, there were a number of Supreme Court cases which continued to define the limits of employing zoning as a tool for restricting adult entertainment. Although it was recognized that such restrictions were valid, it was also established in Schad v. Borough of Mt. Ephraim (452 U.S. 61, 1981) (though with a plurality decision because of varying interpretations among the justices) that municipalities may not use zoning to prohibit adult entertainment entirely. The deciding judges stated that the borough had not offered sufficient evidence to show the incompatibility of adult uses with other commercial businesses, and also had not provided adequate "alternative avenues of communication" for the location of such businesses. Renton, Washington: In 1986, the U.S. Supreme Court upheld the Renton, Washington regulations (The City of Renton v. Playtime Theatres (475 U.S. 41, 1986), although the city had based its prohibitions upon a study of the secondary effects of adult theatres conducted in neighboring Seattle and other nearby cities. The Supreme Court stated that municipalities could rely on the experiences of other cities. Furthermore, the Court stated that a city must be allowed to experiment with solutions to serious problems and it must be allowed to rely upon the experiences of other municipalities about the deteriorating and blighting effects of adult use establishments. Los Angeles: In June, 1977, the Los Angeles City Planning Department conducted a study of the effects of adult entertainment establishments in several areas within the city. It found "a link between the concentration of such businesses and increased crime in the Hollywood community" (p.1.)- The study also concluded, based on its analysis of percentage changes in the assessed value of commercial and residential property between 1970 and 1976, that there was no direct relationship between adult uses and property value changes. But in response to questionnaires, it was shown that appraisers, realtors, bankers, businesspeople. and residents all believed that the concentration of adult entertainment establishments has an adverse economic effect on both businesses and residential property in respect to market value, rental value, and rentability/salability. It was believed that these effects extend even beyond a 1,000 foot radius, and that they are related to the degree of concentration. In addition, there are adverse effects on the quality of life, including neighborhood appearance, littering, and graffiti. Minneapolis-St. Paul: The Twin Cities have conducted a number of studies over a period of more than ten years. In a 1978 St. Paul study and a 1980 Minneapolis study, statistically significant correlations were seen between location of adult businesses and neighborhood deterioration. It was concluded that adult businesses tend to locate in somewhat deteriorated areas to begin with, but further deterioration follows the arrival of adult businesses. In these early studies, significantly higher crime rates were associated with an area containing two adult businesses than in an area with only one such business. Significantly lower property value prevailed in an area with three such businesses than in an area with only one. In 1983, St. Paul examined one neighborhood that had a particularly heavy concentration of adult entertainment establishments. The University-Dale neighborhood had many signs of deterioration and social distress. While these indicators could not be directly attributable to the presence of the adult establishments, it was stated that there was a relationship between the concentrations of certain types of adult entertainment and street prostitution, especially, as well as other crimes. (40-Acre Study, prepared by the St. Paul Department of Planning and Economic Development, p.19.) This perception of an unsafe and undesirable neighborhood was documented by a survey conducted by Western State Bank which found its efforts to attract employees and customers being frustrated by people's perceptions of the neighborhood, (ibjd., p.23.) In a 1987 Memorandum of the St. Paul Planning Department, discussing issues raised during the public review of proposed zoning regulations of adult establishments, it was stated that there is a relationship of prostitution activity to adult entertainment establishments, making for a "sex for sale" image of the neighborhood. The variables affecting the incidence of street prostitution include the character of the neighborhood, the effect of the concentration of adult businesses, and the specific kind of adult businesses associated with other serious land use problems. (Ibjd., p.53-54.) While much of the public testimony and the expert analysis described the negative effects on residential areas, it was also stated that such uses should be prohibited from proximity to commercial areas as well, because the purposes are incompatible. (Ibid., p.60.) If such harmful uses do continue to exist in commercial areas, it was recommended in the study that there be sufficient spacing requirements, so as to minimize the documented negative effects of clusters of establishments. In the 1988 Supplement to the 40-Acre Study, the City Planning Staff asserted that there is considerable evidence that multifunctional adult entertainment complexes can be the equivalent of the concentration of many single adult businesses. (Supplement to the 1987 Zoning Study, p.6.) These multi-uses not only create multiple negative impacts but may also increase the intensity of the negative impacts. (Ibjd., p.7.) In 1989, the Attorney General of Minnesota, Hubert Humphrey, III, issued a Report based upon the study by the state's Working Group on the Regulation of Sexually Oriented Businesses. It recommended a number of zoning and distancing regulations, as well as licensing regulations, while continuing to document the negative effects of such businesses on communities. It recommended that "Communities should document findings of adverse secondary effects of sexually oriented businesses prior to enacting zoning regulations to control these uses so that such regulations can be upheld if challenged in court. (Attorney General's Report, p. 5.) Indianapolis, Indiana, and Phoenix, Arizona: The Minnesota Attorney General's Working Group summarized these two other studies. In 1983, Indianapolis researched the relationship between adult entertainment and property values at the national level. They took random samples of twenty percent of the national membership of the American Institute of Real Estate Appraisers. Eighty percent of the survey respondents felt that an adult bookstore located in a hypothetical neighborhood would have a negative impact on residential property values of premises located within one block of its site. Seventy-two percent of the respondents felt there would be a detrimental effect on commercial property values within the same one-block radius. A Phoenix, Arizona Planning Department study, published in 1979, showed arrests for sexual crimes, and locations of adult businesses to be directly related. The study compared three adult use areas with three control areas with no adult use businesses. (slip, New York: In 1980, the town of Islip, Long Island conducted a study of the impacts of adult bookstores on residential and commercial sections of the town. It focused on the impacts of the location of one particular bookstore, and it surveyed and inventoried the impacts of other adult use enterprises on nearby hamlets, including Bayshore and Brentwood in addition to Islip Terrace and Central Islip. This study also reviewed numerous newspaper articles and letters of complaint, in order to gauge public reaction. Further, it analyzed distances, travel time and other factors to support the town's regulations which confined such uses to industrial zones. This regulation was upheld by the New York State Court of Appeals in Town of Islip v. Caviglia. in 1989. The Court accepted the evidence in the Islip study that the ordinance was designed to reduce the injuries to the neighborhood and that ample space remained elsewhere for the adult uses after the re-zoning. A BRIEF HISTORY OF ADULT ENTERTAINMENT IN TIMES SQUARE Times Square has long been known as a place for popular amusements from movies and theatre to flea circuses and video arcades. It has always attracted people of all incomes and tastes. But its history as a place of concentrated sex-related businesses really begins in the late 1960s and 1970s. The concentration of massage parlors, nude live entertainments, erotic bookstores, X-rated movies, and peep shows increased at that time to such an extent that Times Square began to be called "a sinkhole." (The Daily News. August 14, 1975.) The resulting crimes, assaults, and other violence made Times Square the highest crime area in the city. The numbers of sex-related businesses in Times Square and its environs reached as high, by some estimates, as 140 in the late 1970s and early 1980s. In the 1970s the commercial and residential communities united to combat this blight by staging demonstrations and rallies, by sponsoring legislation, and, perhaps most important, by organizing themselves into the Mayor's Midtown Citizens' Committee, and in helping to create the Office of Midtown Enforcement. The negative image of Times Square created by the increasing concentration of adult entertainment uses, coupled with pessimistic economic indicators, all contributed to a sense of decline on 42nd Street and the surrounding blocks. In 1977, the City Planning Commission attempted to reduce the existing concentration of adult use businesses and to prevent future concentrations. Stimulated in part by the situation in Times Square, the Commission passed new zoning amendments to disperse ,«**-> such concentrations and to regulate their proximity to residential districts. The adverse ^^ economic and social effects produced by these concentrations were documented by findings of higher tax arrears on 42nd Street compared to the rest of midtown, declining sales tax revenue, and increases in criminal activity in Times Square. This zoning attempt failed at the last minute at the Board of Estimate. But in the early 80s, several factors converged to stimulate a dramatic reduction in adult use establishments on 42nd Street and throughout Times Square. The State declared 42nd Street a "blighted area," and announced its intention to condemn numerous properties, including pornography shops, in order to stage the Urban Development Corporation's 42nd Street Development Project. Although litigation slowed down the project, most of the street has now been condemned and emptied of all uses. Meanwhile, there was increased police activity throughout the area and the Mayor's Office of Midtown Enforcement coordinated action against illegal businesses including massage parlors. The commencement of the AIDS epidemic had a sobering effect on live sex establishments and many disappeared. And private developers assembled Times Square parcels, removing existing adult uses. In June 1993 when Insight Associates completed the review for the Times Square BID of City Council legislation there were 36 adult use establishments within the Times Square area, a dramatic decline from the all time high of 140 in the late 70s. In addition, the area of concentration had shrunk and shifted. No longer were sex shops lining Broadway and Seventh Avenue to the same degree, but rather they were beginning to cluster along Eighth Avenue. Now, nine months later, there are 43 adult establishments, with most of the new stores on 42nd Street lying outside of the UDC's project and along Eighth Avenue. Amidst the refurbishing, upgrading and improvement of a once sorely deteriorated Times Square, there is now new concern about the recent sudden proliferation. APPROACH AND METHODOLOGY This study focuses on the Times Square Business Improvement District, but the study concentrates more closely on the areas of adult use business concentration, that is, 42nd Street from Seventh to Eighth Avenues, and Eighth Avenue from 42nd Street to 50th Streets, because more than half of all the District's adult use businesses are located on these blocks. Following secondary effects studies in other cities, we combined available data on property values and incidence of crime, plus in-person and telephone interviews with a broad range of diverse business and real estate enterprises, including major corporations, smaller retail stores, restaurants, theatres and hotels, as well as with Community Boards, block associations, activists and advocates, churches, schools and social service agencies. Gathering Data on Assessed Property Values To measure the possible impact of adult use businesses and the concentration of such businesses in our study blocks, we sought data on the overall and specific changes in assessed valuation of property from the tax period 1985-1986 to the most recent 1993- 1994 tax year. This, we felt, would give enough of a spread across real estate cycles. The 1985-1986 data were the earliest computerized data available to us from the Department of Finance records. The Department of Finance, however, could not provide reliable data on market value, as opposed to assessed valuation. We were able to get, and have used, the actual, not the ."****" billable, assessed values. The data contained information on tax block and lot, building class, and street address. We aggregated the actual valuation figures by individual tax lots for Study and Control blockfronts for 1985 and 1986, and for 1993 and 1994. From this we derived the percentage of change between the two benchmark years. For this part of the study, we narrowed our focus to four Study Blocks: three blocks along Eighth Avenue, from 45th to 48th Street, and the 42nd Street Block between Seventh and Eighth Avenues. As contrasting control blocks where no adult use establishments exist, we chose the equivalent three blocks along Ninth Avenue, and 42nd Street between Eighth and Ninth Avenues. We then compared both the Study and Control blocks' data to similar statistics for all of Manhattan, and for all of New York City, as well as for the BID and the wider Times Square area. In choosing Control Blocks, we realized that there is no block like 42nd Street between Seventh and Eighth Avenues-our study block-anywhere. But we felt that by shifting our focus just one block to the west, we would have a block with no adult establishments but with similar uses and traffic patterns (though it does have the Port Authority Bus Terminal on its corner). As controls for our Eighth Avenue Study Blocks, we took the similar parallel blocks on Ninth Avenue, which, although residential, have comparable though not identical land uses and traffic patterns. Tax arrears data were obtained for the years 1988, 1989, 1992 and 1993, the most recent year available through the New York City MISLAND system. We compared the data for our control and study blocks with aggregated data by census tracts that roughly approximated the boundaries of the Times Square Business Improvement District, and with Manhattan and New York City as a whole as well. No significant or consistent findings were obtained from this exercise. Gathering Crime Data Working closely with the Crime Analysis Division of the NYPD, we requested crime data for the Study Blocks of 42nd Street, Seventh to Eighth Avenues, and Eighth Avenue, from 45th through 48th Streets, for a period of one year. This amount of data proved too difficult for the Crime Analysis Division to obtain, and we were ultimately given these data for only a three month time period, from June through August, 1993. The same information was also supplied for our Control Blocks, which, for this subject, were slightly different: instead of the 42nd Street block between Eighth and Ninth Avenues which includes the Port Authority Bus Terminal, the next block west, between Ninth and Tenth Avenues was used. '***«*»' Selecting the Interviewees We initially obtained a listing of BID property owners for interview, by taking every fifth name on the BID'S 404 owners' list. When an individual or corporation owned several properties, the name was used only once. We also eliminated the owners of adult use establishments (though later we did talk to one owner and operator of a number of such establishments in the area). We also deleted the many 42nd Street properties now owned by the State or City of New York or the New York State Urban Development Corporation. Similarly, we disregarded owners with telephone numbers outside the tri-state area, or those without listed telephone numbers. Banks and hotels were omitted from this first list. This effort yielded a sample of 37 potential interviewees, of whom 20 were ultimately interviewed. The 20 included some of the largest developers and managers in Times Square and in New York City, with multiple holdings, as well as smaller residential and commercial property owners. It included as well the three major theatre-owning organizations which control almost all the legitimate Broadway houses, as well as a major nonprofit theatre. Two major communications companies were on this list. This group of potential interviewees was then supplemented by selections from ajisting of restaurants and hotels of different price levels. We interviewed seven restaurant owners or managers, representing eight restaurants in the Times Square area, including major chains, smaller coffee shops, and well known eateries. Two of these interviewees are also owners of the properties in which their operations stand. We interviewed four hotel owners or operators in three hotels along Eighth Avenue. Five retail establishment owners along Eighth Avenue were also interviewed. Community group interviews included six churches, three social service agencies (plus one more informal interview with a fourth, serving the homeless), five block associations, the District Manager and Assistant District Manager of Community Boards Four and Five, respectively, and the Co-Chairs of each Board's Public Safety Committee. The principals of two public schools in the area were seen as well. In sum, 53 formal interviews were carried out, plus one less formal discussion with an owner and operator of several porn establishments. For these interviews, we constructed a Survey Schedule questionnaire, which was modeled to some degree on the one being utilized by the City Planning Department's city-wide study of adult uses underway at the same time. TIMES SQUARE: ITS PROMINENCE AND ITS PEOPLE The Times Square and Clinton communities, which the Business Improvement District encompasses or abuts, are dynamic and diverse neighborhoods. The area is home to some of the city's major corporations and there are more than 30 million square feet of office space. The BID has more than four hundred property owners, representing five thousand businesses in its membership. More than 250,000 employees work at enterprises that range from giant recording companies to international security firms to one-person theatrical agencies. Among the major corporations now making their home in Times Square are Morgan Stanley, Bertelsmann, Viacom, and many more. And of course, Times Square contains the highest concentration of legitimate theatres anywhere in the world, thirty-seven theatres, with as many as 25,000 seats to be filled on each performance day. Times Square has a daily pedestrian count of 1.5 million persons. There are approximately twenty hotels, with 12,500 hotel rooms, in the Times Square area, one-fifth of all hotel rooms in Manhattan. Twenty million tourists and five million overnight visitors arrive annually. There are more than two hundred restaurants in the Times Square area. It is indeed New York City's center for commerce and the performing arts, business and tourism. But the area is also a home for thousands of residents who live adjacent to and in the midst of this vibrant midtown commercial core. The area is replete with churches, block associations, civic associations, business organizations and theatre related organizations. The Times Square BID knows-and works with-some 35 social service agencies in the greater Times Square area. It also has the largest concentration of pornography establishments in the city. The number of such businesses reached a high of about 140 establishments in the 1970s and early 1980s, and declined thereafter to approximately forty. There is some indication that the number has increased somewhat in the Times Square area and on its periphery, particularly on Eighth Avenue, in the past months. Demographics and Housing In order to draw detailed demographic information from the 1990 Census, we aggregated data by the census tracts that most closely approximated the area of the Times Square BID. By using data from six census tracts that cover the area between Sixth and Tenth Avenues to the east and west, and 42nd and 54th Streets to the south and north, we have covered the entire BID, as well as additional blocks. Thus, data from these six tracts, which we will call the Times Square Neighborhood to avoid confusion with the Times Square BID, will reflect the demographics within the BID as well as the directly adjacent neighborhood. The map on the following page depicts the census tracts for this section of west midtown. As one can see, the Times Square BID falls within the boundaries of census tracts 119, 121, 125, 127, 131, and 133. Broadly speaking, the eastern blocks of this area, particularly as one approaches Sixth Avenue, are commercial in character, with stores, restaurants, offices, and other commercial establishments. In comparison, the mid-blocks between Ninth and Tenth Avenues have a higher preponderance of housing; they constitute the eastern edge of the Clinton neighborhood. Therefore, in reviewing the following census data, the reader must be aware that there will be a larger number of residents and housing units than those who actually reside within the official borders of the Times Square Business Improvement District. For example, our Census data show more than 25,000 residents in these tracts; the BID estimates 5,000 residents within its narrower boundaries. However, these 20,000 residents are, in fact, part of the Times Square community and view themselves as being affected by the adult use establishments (those along Eighth Avenue in particular). Total Population In 1990, the total population for the Times Square Neighborhood was 25,651, which was slightly higher than the previous decade. The racial characteristics are depicted below. In general, over half of the population was White (higher than the Manhattan percentage); 11% was Black/Non-Hispanic, and 24% were Hispanic. During the decade from 1980 to 1990, the Hispanic population declined slightly, while the Asian (particularly the non- Chinese Asian) population increased to approximately the same as that of the borough of Manhattan, or 7%. TABLE I POPULATION CHARACTERISTICS, 1990 TIMES SQUARE NEIGHBORHOOD* White Black, Non-Hispanic Hispanic Asian Other TOTAL 1980 Number 14,251 2,252 6,793 1,117 199 24,612 1980 % 57.9 9.2 27.6 4.5 0.8 100.0 1990 Number 14,807 2,785 6,099 1,761 199 25,651 1990 % 57.7 10.9 23.8 6.9 0.8 100.0 Source: U.S. Bureau of the Census, 1980 and 1990 Censuses of Population and Housing Characteristics, and Social and Economic Characteristics. * Despite the image of Times Square as a solely commercial area, it is a place where many people raise their children. In 1990, there were 3,690 families with children under the age of 18 living in the six census tracts. Housing Units In 1990, there were over 18,000 housing units in the neighborhood, of which 75% were rental units and 49% were in large buildings of over 50 units. In a borough in which less than 10% of the units were vacant, 20.5% were vacant in Times Square. The size of housing units within the six census tracts is smaller than elsewhere in the borough. While the median number of rooms per unit is 3 for Manhattan, it is 2.2 for the Times Square Neighborhood and 1 for the one census tract bounded by 42nd and 45th Streets, Sixth to Eighth Avenues. In addition to these permanent housing units, there are also a considerable number of hotel rooms in Times Square. The Times Square BID estimates that over 12,500 hotel units are located within its boundaries. The large number of hotel rooms reflects Times Square's importance in the City's tourism industry. The number of tourists constitutes, from one point of view, a large group of potential customers for adult use establishments. But from another standpoint, as documented in our surveys with hotel operators, restaurateurs, and theatre owners, the concentration of adult use establishments is seen to be offensive to this stream of visitors and travelers. Age The population of the Times Square Neighborhood is similar in percentage of population age 62 and over to that of the borough or of the two Community Districts in which it falls: CD 4 and CD 5. In addition, in 1990 there were close to 2,000 children under the age of 14 living in the Times Square Neighborhood. Both the elderly and young, whose lives are generally circumscribed by their immediate community, are impacted by the types of businesses and uses that occur in the Times Square area, including the adult use establishments. TABLE II AGE CHARACTERISTICS, 1990 TIMES SQUARE NEIGHBORHOOD TOTAL POP. % UNDER 14 % OVER 62 MEDIAN AGE (years) Times Square 25,651 7.4 15.4 36.63 CD4 84,431 8.2 15.9 37.2 CDS 43,507 5.2 15.3 37.2 Manhattan 1 ,487,536 13.2 15.9 35.9 Source: US. Bureau of the Census, 1980 and 1990 Censuses of Population and Housing Characteristics, and Social and Economic Characteristics. Employment Characteristics Traditionally, a large percentage of Clinton residents have worked in the Times Square area, particularly in the theater and music industries as technicians, actors, and performers. This is borne out by the census data, which show a very high percentage of residents working within less than half an hour of their homes and walking to work. The percentage of workers in the Times Square Neighborhood who walk to work is higher than the percentage for the borough as a whole and is much higher than the percentage of those in the other four boroughs. In 1990, approximately two-thirds of the population of the Times Square Neighborhood above the age of 16 were employed. The Bureau of the Census estimated that 95% of these workers worked in New York City and 88% worked in Manhattan. This is similar to Manhattan's residents in general, of whom 94% worked in the City and 84% in the borough. Compare this to, for example, the Queens workforce, of which only 40% work in their home borough. Similarly, while the mean travel time to work for Manhattan residents was 29 minutes (and that of the other four boroughs was approximately 40 minutes), the mean travel time to work for residents in these six census tracts was 23.16 minutes. Of the Times Square residents who traveled to work, 48%, or almost half, walked. Compare this to 29% of the Manhattan workforce and less than 10% in the other boroughs. Times Square, therefore, has a considerable segment of the population who spend both their working hours and off- time in the Times Square Neighborhood. TIMES SQUARE NEIGHBORHOOD: ITS ZONING AND ITS USES Zoning The Times Square neighborhood is zoned for General Central Commercial uses, reflecting the importance of Times Square as a central core for the City and region. These C6 zones vary: while Broadway, Sixth and Seventh Avenues are zoned C6-6 (15 FAR), the midblocks and Eighth Avenue are zoned C6-5 or C6-4, for a lower FAR of 10. Uses permitted in C6 districts typically include all residential uses as well as commercial and wholesale uses. To the west of Eighth Avenue the predominant zoning is R8, with a C1-5 overlay along 9 Avenue for our control blocks. R8 permits general residential uses of a 4.8-6.0 FAR. C1-5 commercial districts permit local neighborhood commercial uses at a FAR of 2.0. Special Districts Special Midtown District Times Square lies within one special zoning district and directly abuts another. In fact, the eastern boundary of one of these districts and the western boundary of the other meet in the center of Eighth Avenue. Eighth Avenue can thus be viewed as the transition between two special districts: one encouraging commercial development and the other attempting to preserve a low-scale residential community. That duality is reflected in the opinions of residents and businesses about the status and future of the Eighth Avenue strip. There are those who view Eighth Avenue as a development corridor, which began to be such with the building of Worldwide Plaza but which remains under-built, with a number of vacant buildings and parking lots. There are others who see the area as one that can and should continue to serve the economic development needs of the theatre and entertainment industries as well as other related needs of the city. Still others think it can and should be enhanced as a residential avenue. Whatever their perspective, few see the concentration of adult use establishments as being beneficial to either the preservation or the development of the area. The area of the Times Square Business Improvement District lies almost entirely within the boundaries of the Special Midtown District (Sect. 81 of the NYC Zoning Resolution). Within that, a large proportion of the BID is included within the Theater Sub-District, and the even more restrictive Theater Sub District Core, which extends from 43rd to 50th Streets, and from 100 feet east of Eighth Avenue to 200 feet west of Sixth Avenue. In general, the goals of the Special Midtown District include the strengthening of Midtown's business core, while directing and encouraging development and preserving the "scale and character" of Times Square. Within the overall Special District, the purpose of the Theater Sub-District is to protect the cultural and theatrical and ancillary uses (i.e., shops and restaurants) in Times Square. This sub-district provides additional incentives and controls to encourage preservation of theaters, special development rights transfers, and separate requirements for ground floor uses. Special Clinton District Directly to the west of the Midtown Special District-and thus, of the Times Square area-is the Clinton Special District, whose purpose is the preservation of the residential character of the Clinton community (Sect. 96). The west side of Eighth Avenue falls within the Perimeter Area of the Special Clinton District. It is a transition between the tourism area of the Midtown District and the low-rise residential neighborhood immediately to the west, and the manufacturing district further west. Community residents characterize Eighth Avenue as "The Front Door to Clinton." The Special Clinton District regulations contain provisions regarding demolition of residential buildings and relocation of tenants that are stringent and designed to preserve the neighborhood's residential character. Our Ninth Avenue control block falls not within the Perimeter Area, but rather in the more restrictive Preservation Area; the one exception is the block on which Worldwide Plaza is located, which is excluded from the Special District. Within the Preservation Area, there are also tough provisions in regard to demolition and relocation of residents. Land Uses: Control and Study Blocks In general, the land uses in this neighborhood are diverse and eclectic. We provide a detailed picture of this diversity below. 42nd Street Study Block Land Uses The present land uses along 42nd Street reflect the general commercial nature of the block. The north side of 42nd Street between Seventh and Eighth Avenues has a significant number of now vacant theaters, awaiting redevelopment through the 42nd Street Development Project. In addition there are clothing, sporting goods, tobacco, and camera stores, as well as delicatessens and a fast food establishment on the corner at Eighth Avenue. As one approaches the northeastern corner of the intersection at Eighth Avenue, one can see a concentration of adult use establishments on the still privately owned portion of that block. (The State will soon begin condemnation of these buildings.) Along the south side of the 42nd Street Study block there are also a number of now-vacant retail establishments and theaters, as well as the Candler office building. Retail establishments that are open along the south side of the Study block include electronics, novelties, sporting goods and shoe stores, as well as one first-run movie theater. There are approximately six adult use establishments on the north side of the 42nd Street Study Block, and nine adult use establishments on the south side, for a total of 14. (Some of these stores are divided with more than one entrance and level). 42nd Street Control Block The land uses along the north side of the 42nd Street Control Block between Eighth and Ninth Avenues include the following uses: a bar, two parking lots, a church and its rectory, office supply and gift stores, a deli, an entry to an apartment house, and the entrance to an adult use establishment whose main entrance is on Eighth Avenue. The south side of the control block is most notable for the Port Authority Bus Terminal, which takes up approximately two-thirds of the blockfront. Additional uses to the west of the Bus Terminal include: a pizzeria, a parking lot, a hotel entry, an appliance servicing establishment, offices, and the US Post Office's Times Square Station. Other than the side entry to the Eighth Avenue adult use establishment, there are no adult use establishments actually on the control block. Eighth Avenue Study Block The Eighth Avenue Study blockfront extends three blocks from 45th to 48th Streets. The mixture of uses is not reflective of the General Commercial Core aspect of the location. Instead, the uses are a mixture of local retail including novelty shops and souvenir stands, as well as delis, drugstores, and liquor stores, parking lots, vacant properties, and restaurants and other eating and drinking establishments. There are some uses which serve the theatre industry to the east; for example, the hardware store between 47th and 48th Street. The study blocks are flanked by the Milford Plaza Hotel, between 44th and 45th Streets, the Days Inn between 48th and 49th Streets, and Worldwide Plaza between 49th and 50th Streets. Along this strip of three blocks there are eight adult use establishments: six movie theaters and two video stores. Ninth Avenue Control Block The building stock on Ninth Avenue resembles that on the Eighth Avenue study block: predominantly older, two to four-story buildings, often with apartments above the retail places. The uses on Ninth Avenue are more reflective of the area's zoning for local retail uses, with food markets, barbers, locksmiths, fast foods, and florists, for example. Also noteworthy are the numerous restaurants along Ninth Avenue serving primarily locals. There are no adult use establishments along Ninth Avenue, either in our threeblock control blockfront between 45th and 48th Streets, or for the entire stretch from 42nd Street up to 50th Street. A map of all land uses as of March, 1994 along 42nd Street between Seventh and Ninth Avenue between 42nd and 50th Streets is attached at the end of this report. ADULT USE ESTABLISHMENTS AND PROPERTY VALUES Total Assessed Value We attempted to compare total assessed value over time, and the rate of change, for our study and control blocks. We analyzed and compared the years 1985-1986 to 1993-1994. In addition, we compared our Study and Control blocks' assessed valuation to that of 1) the aggregated tax blocks falling within the boundaries of the Times Square Business Improvement District; 2) the entire Borough of Manhattan; and 3) the City as a whole. Our findings are summarized in Table III. The Table shows that the rate of increase of the total actual assessed values of the Eighth Avenue Study Blocks was less than the rate of increase for the Control Blocks along Ninth Avenue on which no adult use establishments are or were located. To a lesser extent, the rate of increase of the actual total assessed value of the 42nd Street Study Block is less than that of the 42nd Street Control Block. TABLE III ACTUAL ASSESSED VALUES CHANGES FROM 1985-1993 FOR SELECTED BLOCKFRONTS BLOCKS 8TH AVE. STUDY BLOCKS (45-48 STS.) 9™ AVE. CONTROL BLOCKS (45-48 STS.) 42 ST. STUDY BLOCKS (7-8 AVES.) 42 ST. CONTROL BLOCKS ACTUAL ASSESSED VALUE 1985-1986 (millions) 11.22 4.52 34.89 88.31 ACTUAL ASSESSED VALUE 1993-1 994 (millions) 18.55 8.65 51.63 136.65 PERCENTAGE CHANGE 1985-1993 65 91 48 55 (8-9 AVES.) TSBID (ESTIMATED)* MANHATTAN C1TYWIDE 2,034.7 29,462.7 53,589.8 3,252.3 47,229.4 81,714.6 60 61 52 Sources: NYC Department of Finance; Insight Associates. * The estimated BID total assessed value was determined by adding all 36 tax blocks that fall entirely or partially within the boundaries of the Times Square Business Improvement District. Changes on Individual Properties After determining that the rate of increase of the total actual assessed values of the Eighth Avenue Study Blocks was less than the rate of increase for the Control Blocks, we zeroed in to compare more closely the rates of change for the lots themselves. After detailing each block, property by property, an overall figure for the "social block" or the avenue considered with both its east and west sides, is noted. The assessed values of the tax lots on the Eighth Avenue Control Blocks were analyzed in terms of proximity to the location of adult use establishments; the purpose of the exercise was to see if there were any patterns regarding the location of establishments and the rates of change. The findings are shown below. In most cases, the rate of changes for other lots on the blocks were less than those with adult use establishments. Note that the tax lots which have adult use establishments are indicated by bald type. When there is a decline in the assessed value, and the Department of Finance records indicate no change in the building class or size, we can assume that the property owner had at some point filed for and been granted a reduction in the property's assessed value though a certiorari proceeding. There may be many reasons for a property's assessed value to have changed at a rate different than those of the rest of the block, or the general area. One cannot automatically assume any one reason, such as the proximity of adult use establishments. For example, the physical condition of the property may have deteriorated, or the property may be at a location undesirable from the point of view of potential retailers. While it may well be that the concentration of adult use establishments has a generally depressive effect on the adjoining properties, as a statistical matter we do not have sufficient data to prove or disprove this thesis. It may also be that simply the presence of adult use establishments is subjectively viewed by assessors as a factor that necessarily reduces the value of a property. In short, assumptions may influence assessment. Also included in the lists below are the actual uses-the types of stores or restaurants, for example-for each property along the Eighth Avenue Study blockfronts, from 45th through 48th Streets. We have tried to see if there is any pattern in which uses that one might consider to be more compatible with an adult use reveal a different rate of change in assessed value than other, less compatible uses. TABLE IV BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS (45-46 STREET) LOCATION (on Eighth Avenue) West West BLOCK/LOT 1036/36 1036/33 ADDRESS 731-727 725 LAND USES Pizzeria Grocer/Deli Vacant Deli Pawn Shop % CHANGE IN ASSESSED VALUE (1985/6- 1993/4) 50% 9% West East East East East East East East East 1036/29 1017/61 1017/63 1017/58 1017/4 1017/3 1017/2 1017/101 1017/1 712 740 738 732 730 728 726 724 Photo lab Army/Navy Hair/Nails Restaurant Restaurant Hotel entrance Liquor Novelty Bar Novelty Adult Use (Capri) Parking lot Adult Use (Eros I) Bar Adult Use (Venus) Deli Souvenir/ T-shirts 33% 136% 138% 61% 166% 84% 94% 43% 275% Social Block Change: 61% In the 45th to 46th Street study block, the parcels across the avenue from a concentration of three adult theaters show a rate of increase much lower than the average for the entire blockfront. The parcels on the same (east) side of the street from the theaters tended to show lower rates of increase in assessed value, except for 1017/1, whose owner is listed by the Department of Finance as that of an adult use establishment located at 265 W. 47 St., and 1017/61, which is a mixed use property comprising a hotel with retail uses below. TABLE IVa BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS (46-47 STREET) LOCATION (on Eighth Avenue) West West West West West BLOCK/LOT 1037/36 1037/35 1037/34 1037/33 1037/30 ADDRESS 767 765 763 741-743 733-39 LAND USES Restaurant Fast Food Hotel Entrance Adult Video Travel Agency (entrance) Bar Restaurant Pastry shop (formerly adult video) Novelty/Gift Electronics Bar Grocery % CHANGE IN ASSESSED VALUE (1985/6- 1993/4) 55% -26% 395% 199% 125% East East East 1018/61 1018/3 1018/1 760 754 750 Adult Video (Pleasure Palace) Liquor store Pharmacy Deli Restaurant Union office (entrance) Parking lot Souvenirs Deli Bar 55% 121% 123% Social Block Change: 73% There are no readily defined patterns for the properties located on the west side of Eighth Avenue on Block 1018. The parcels at 754 and 750 generally appreciated by over 120%, while the remaining parcel increased only by half. However, on the west side of Eighth Avenue, on which there are two X-rated videos, located at 763 and 739, the properties not owned by the owner of the video establishments evidenced a lower rate of increase. The assessed value of the property at 765, adjacent to the Adult Video, actually declined by over 25%. TABLE IVb BLOCK BY BLOCK CHANGES IN ASSESSED VALUATION ALONG EIGHTH AVENUE STUDY BLOCKS (47-48 STREET) LOCATION (on Eighth Avenue) West West West West West West East East East East East East BLOCK/LOT 1038/36 1038/35 1038/34 1038/33 1038/31 1038/29 1019/61 1019/63 1019/64 1019/3 1019/2 1019/1 ADDRESS 787 785 783 781 777 771 782 780 778 776 772 770 LAND USES Coffee shop Pizzeria Hardware store Restaurant Lighting store Adult Movie (Hollywood Twin) Restaurant Firehouse Adult Use Souvenirs Adult Videos Vacant, sealed building Frame store (entrance on 47 St.) % CHANGE IN ASSESSED VALUE (1985/6- 1993/4) 30% 51% 180% 162% 120% 136% 48% 59% 59% 59% 107% -4% Social Block Change: 66% "***"* It is difficult to see a strong pattern on the west side of Eighth Avenue, although the ^i*"' assessed values of the two properties located at 787 and 785 increased by far less than the other four, including 777, which houses the Hollywood Twin, and 771, which is owned by an individual listed as owner of other adult use establishments in the area. On the east side of Eighth Avenue, the two adult establishments and the property between them enjoy a common ownership; the three tax lots all increased in assessed value by precisely the same percentage-59%. On that block front there is also a NYC Fire House and an vacant and sealed building that is listed by the Department of Finance in 1993 as City-owned. The one remaining parcel on that blockfront~a framing store-experienced a decline in assessed valuation for the period. A similar review of tax lots was not conducted for the other area of concentration, the 42nd St. Control Block. This was because it is felt that the many other trends and government actions along that strip, including public condemnation of the parcels and numerous lawsuits, would further complicate the analysis, and would prove fruitless. Department of Finance Assumptions In addition to the detailed analysis described above, we spoke to a high official in the Department of Finance to obtain his expert opinion on the relationships and effects, if any, of adult use establishments on neighboring properties. He stated that "there is no doubt in my mind that they [adult use establishments] adversely affect other properties." Their presence, he indicated, is factored into the locational aspect of the appraisal formula, though, he acknowledged that appraising is not itself an exact science. A commercial building may be obtaining a reasonable rate of return, but if that building were located near an adult use establishment, the assessor would tend to use a higher capitalization rate, which would therefore produce a lower value. The further away a property is from the adult uses, he explained, the lower the effect on its value. ADULT USE ESTABLISHMENTS AND CRIMINAL ACTIVITY General Crime Statistics Over the past five years, according to the Office of Midtown Enforcement, police statistics show an estimated 54% decrease in crime in the Times Square area. This decrease parallels the decrease in adult use establishments, and although we cannot claim direct causality it is interesting to note that there is both the perception and the reality that Times Square is a safer place than it was years ago. While we were not able to collect crime statistics over a broad range of time, we were able to obtain information from the New York City Police Department for our Study and Control Blocks for a three-month period in 1993. In addition, data on control blockfronts with no adult use establishments were requested for Ninth Avenue between 45th and 48th Streets, and for 42nd Street between Ninth and Tenth Avenues. The latter was selected as the control block for this purpose, rather than the block between Eighth Avenue and Ninth Avenue that had been used in analyzing property tax data, (see p.25-30), because it was felt that encompassing the Port Authority Bus Terminal, with its unrelated associated crime statistics, would not provide a meaningful basis of comparison to the study block. The crime data reports were prepared by the Precincts in which these blockfronts are located: Midtown South, Midtown North, and the Tenth Precinct. The reports generated by these precincts do not include complaints for prostitution or drugs (other than criminal possession of a controlled substance), as these crimes are reported in an incompatible format. (We did, however obtain some information on prostitution activity from other sources, which will be described below.) In addition, certain desired data, such as known locations for drug-dealing, are part of on-going investigations and prosecutions, and thus not available to us. The data we have used reflect the numbers of criminal complaints, not arrests, for known addresses or locations along the block fronts under study. Actual complaints were listed for a wide range of crime categories, including Grand and Petit Larceny, Grand and Petit Larceny from an Auto; Criminal Possession of Controlled Substance; Criminal Harassment; Assault, Robbery, and Fraudulent Accosting. Each precinct used slightly different categories in preparing its reports for this study, but in general, the major categories were similar. Certain crimes were more prevalent in specific locations. For example, a larger number of complaints of Grand and Petit Larceny from an Auto were noted along Eighth Avenue between 45th and 48th Streets; this may reflect the presence there of parking lots. Despite the many limitations on these data, there were certain significant patterns that did appear. In general, as seen in Table H, criminal complaints were higher for the 42nd Street study block than for the 42nd Street control block two blocks to the west. During the three month period of July through September, 1993, there were 45 criminal complaints on the Ninth to Tenth Avenue block of 42nd Street, and 88 on the Seventh to Eighth Avenue blockfront. Similarly, there were 118 criminal complaints on Eighth Avenue between 45th and 48th Streets, and only 50 for the same three blocks along Ninth Avenue. One cannot assert that there is a direct correlation between these statistics and the concentration of adult use establishments on 42nd Street between Seventh and Eighth Avenue, or along Eighth Avenue between 45th and 48th Streets. But there is very definitely a pointed difference in the number of crime complaints between these study blocks and their controls. It appears that there was a continuing reduction in crimes along Eighth Avenue the further away from 42nd Street, with its concentration of adult use establishments. While there were 135 complaints on Eighth Avenue between 42nd and 43rd Streets, there were only 80 on the block between 44th and 45th Streets. For the three blocks between 45th and 48th Streets, there were a total 118 complaints for the same period. These complaint statistics are summarized in Table V. TABLE V CRIMINAL COMPLAINTS FOR SELECTED BLOCKFRONTS JUNE, JULY & AUGUST 1993 BLOCKFRONT 8 Ave. between 42-43 Sts. 8 Ave. between 44-45 Sts. 8 Ave. between 45-48 Sts. 9 Ave. between 45-48 Sts. 42 St. between 7-8 Aves. 42 St. between 9-10 Aves.I 1 JUNE 34 38 40 16 29 16 JULY 45 21 45 13 36 16 AUGUST 56 21 33 21 23 13 TOTAL 135 80 118 50 88 45 ' Source: New York City Police Department; Insight Associates. Criminal Activities: Drugs and Prostitution Arrests As can be seen in the responses to our survey, one of the most frequently made assertions is that adult use establishments attract criminal activities, particularly drug dealing and prostitution. Working closely with the NYPD Crime Analysis Unit, we attempted to obtain data concerning arrests or complaints for these two types of criminal activities, in order to enhance the criminal complaint data discussed above. Prostitution and drug complaints are not collected by the precincts in the same way as other criminal complaint data. Drug complaints and drug arrests are not maintained on the precinct level and are considered confidential, due to on-going criminal investigations. Thus, we were not able to obtain data on this type of criminal activity. With the cooperation of the Crime Analysis Unit, however, we were able to obtain information concerning prostitution arrests along Eighth Avenue from 42nd Street to 48th Street. In a three month period from July through September, 1993, in the Midtown South Precinct, there were 19 arrests made on Eighth Avenue between 42nd and 45th Streets, compared to no arrests on Ninth Avenue between 42nd and 45th Streets. Further north on Eighth Avenue, between 45th and 48th Streets, the Midtown North Precinct reported 9 arrests for prostitution, compared to 14 arrests along Ninth Avenue for the same three blocks during the same three month period. Thus, the heaviest incidence of prostitution arrests occurred in the three block study area of dense concentration of adult use establishments, during this time period. Those findings are summarized in Table VI. TABLE VI PROSTITUTION AND RELATED ARRESTS FOR SELECTED BLOCKFRONTS JUNE, JULY, & AUGUST 1993 BLOCKFRONT | JUNE JULY AUGUST TOTAL I II II II II 8 AVENUE (42-45 Streets) 9 AVENUE (42-45 Streets) 8 AVENUE (45-48 Streets) 9 AVENUE (45-48 Streets) 7 0 7 3 7 0 1 10 5 0 1 1* 19 I 0 9 14 Source: New York City Police Department; Insight Associates. * In addition, there were 7 arrests for Patronizing a Prostitute for this month. In addition, we were able to obtain from the Midtown Community Court a list of locations for prostitution arrests appearing before that court for the period from October 12, 1993 through February 28, 1994. The Midtown Community Court sampled 60% of its prostitution arrests for this 4 1/2-month period, looking at the frequency of arrests on Eighth Avenue between 42nd and 48th Streets, as compared to those along Ninth Avenue between the same streets. The number of prostitution arrests on Eighth Avenue was 20 for that period, compared to 5 for Ninth Avenue. However, higher than that was the number—24-for the area west of Ninth Avenue. This may reflect the well-known concentration of prostitution activity along the westernmost stretches of West Midtown, particularly along Tenth and Eleventh Avenues. What is interesting, however, is that during this 4 1/2-month period, the location for the majority of prostitution arrests shifted dramatically eastward, from west of Ninth Avenue to Eighth Avenue itself. This change may have been a function of police activity and sweeps or may be related to other factors. Nevertheless, the more recent level of prostitution activity, while higher in the west, dropped along Ninth Avenue but increased again along Eighth Ave. This concentration of arrests along Eighth Avenue may be related to presence of adult use establishments along Eighth Avenue, but may also be related to traffic and pedestrian patterns, proximity to the Port Authority Bus Terminal, and proximity to Times Square itself. It should be noted that according to the Midtown Community Court's records, the most frequent locations for prostitution arrests in their sample were in the West 20s along Tenth and Eleventh Avenues and in the upper 50s on Sixth Avenue. The findings are shown in the following table. TABLE Via PROSTITUTION ARRESTS AT SELECTED LOCATIONS MIDTOWN COMMUNITY COURT (60% Sample) LOCATIONS 8 AVENUE (42-48 Streets) 9 AVENUE (42-48 Streets) WEST OF 9 AVENUE (42-48 Streets) 10/12/93-12/31/93 4 3 21 1/1/94-2/28/94 16 2 3 TOTAL 20 5 24 Source: Midtown Community Court, 3/4/94. The Office of Midtown Enforcement, although acknowledging the decline in criminal activity in the Times Square area, continues to deploy surveillance teams to monitor the level of prostitution activity in the area. (Office of Midtown Enforcement 1991-2 Fiscal Year Report). INTERVIEW FINDINGS Previous secondary effects studies have combined survey research and anecdotal reports from community and business interests. Our study did so as well. A total of 54 interviews were conducted between November, 1993, and March, 1994. Three different interview questionnaires were employed: one designed for property owners and business operators, a second intended for local organizations, churches, and schools, and the third for Community Board representatives. In general, we sought to obtain information on perceptions and experience of the impact in the Times Square area of adult entertainment establishments. More specifically, we tried to elicit detailed observations of the effects of these enterprises on business and daily life. We also attempted to obtain information on the effects of these businesses in geograpJiic terms, i.e., the proximity and distance of adult use establishments and the resulting intensity and/or diminution of impacts. To provide context, we asked all respondents about their views of what constituted the major problems facing the Times Square area, and the relative importance of pornography and adult use businesses among these problems. The open-ended conversations that followed completion of the formal interview schedule were often most productive. Where possible, the interview results are presented below as quantified measures but in addition, many valuable insights emerge from interview material that is not easily quantified. Property and Business Owners Real Estate Owners, Managers, and Corporate Leaders Our twelve-interview sample in this important category included five of the largest real estate companies or management agencies in the city, with multiple holdings in Times Square and elsewhere. We interviewed one appraiser familiar with the Times Square area, one owner of residential property, and one leasing agent. In addition, we spoke with executives of two important publishing and communications corporate groups. Most of these respondents have been part of the Times Square scene for decades, and some are relatively recent arrivals. They are all aware of Times Square's history, in all its ups and downs, and some have played roles in this history. Their observations and expertise, however, are focused on the growth of Times Square as a unique conglomerate of entertainment uses, commercial tenants, tourist attractions, and, increasingly, a home for financial and multi-national corporations. As our appraiser interviewee stated, we must evaluate how the presence of these adult entertainment uses slows down or reduces rentals and business activity in the long run. That is, it can be said that pornographic uses may attract other businesses and traffic, which brings revenue to the owners of those businesses in the short run. But there is no way to encourage increased value of commercial properties for a variety of businesses in the long run if they are next door to a concentration of pornography establishments. This observation is confirmed by the direct experience of our real estate respondents. Three real estate developers had bought buildings in the Times Square area, which housed adult use businesses, and they sought to terminate these leases as quickly as possible. They all asserted that the presence of such stores had a definitely negative effect on office leasing, especially for corporate tenants. A leading real estate agent described the lower rents and difficult leasing conditions of an office building located on 42nd Street between Seventh and Eighth Avenues. He also depicted the lower rents on Eighth Avenue as compared to Seventh Avenue for comparable buildings, and cited instances of tenants refusing to renew leases because of the Eighth Avenue location and its atmosphere. An owner of a smaller residential property on 46th Street said that he believed that the adult use businesses on his corner at Eighth Avenue frighten people away. He had an apartment on the market recently and a prospective applicant who said he wanted to rent it for his daughter and friends turned out to be really interested in using it as a massage parlor. The owner recently advertised office space in his building, but has so far attracted two adult use businesses, while other applicants have been scarce. The builder and owner of World Wide Plaza spoke of the need to oust a porn theatre one block to the north (which later relocated further south on Eighth Avenue) in order to attract major corporate tenants. While his tenants have long-term leases, and he recognizes that the development of his building was affected by recent downturns in the real estate market having little to do with porn, he nevertheless expressed concern about the new spread of porn uses along Eighth Avenue. In fact, though the block from 50th Street to 51st Street, north of World Wide Plaza, remains vacant because of these larger market trends, he is seeking to encourage the lessee to rent to local retail uses, rather than to adult entertainment businesses. Members of this development organization stated that they believed that security costs in this building were somewhat higher than those of comparable buildings located in other neighborhoods. They also were very concerned about the recent increase in adult uses on Eighth Avenue, which they fear is occurring because of the public agency condemnations along 42nd Street, which may well be forcing the porn merchants northward. All of our respondents said that adjacency of porn establishments has a negative effect on sales and leasing, and that plainly the concentration of establishments affects the overall image of the western edge of Times Square. They describe Eighth Avenue and certain side streets where these stores are located as "less hospitable places," and as injurious to the quality of life. One corporate executive said that one of his employees was mugged in front of an adult-entertainment store. A developer and an executive of a corporation both said that adult businesses on the same street, or diagonally across the street from a property have offensive and negative results. All except one developer said that perhaps there is a way to limit the number of such establishments, and to disperse them. The dissenter said that not even one could be tolerated. All of our property owners and business representatives—large and small-expressed the view that adult use businesses have a negative effect on the market or rental values of businesses located in their vicinity. It was very clear that negative effect was intensely felt if the adult business was right next door, in the same building, or on the same block. But every respondent also emphasized the negative effects of a concentration of businesses, stating that "Eighth Avenue is a less attractive place to do business" than other avenues in the Times Square area. One representative of a major property owner said that there were more improvements on Ninth Avenue in recent years than on Eighth Avenue, as evidenced in the numbers of new restaurants and small viable retail stores which have opened on that street. In the light of other improvement in the Times Square area, this respondent, too, expressed concern about "the march of porn stores up Eighth Avenue." A corporate newcomer to the Times Square area expressed great optimism about its future and he said that the confidence was shared by employees and prospective retail tenants, but he also said that the positive trends were clear along Seventh Avenue and Broadway, and certainly less so along Eighth Avenue. A real estate agent who tries to rent only to "Triple A" tenants said that proximity to adult establishment would be a deterrent to them. If there was an opportunity to rent to, say, a major fast food chain, which might be willing to locate on Eighth Avenue, in such a case, he was sure that concessions or sweeteners would have to be offered in the form of sharing in increased insurance costs, or in offering lower-priced rentals. On the other hand, new area business and long-term owners both said that there is much improvement in Times Square and that its new identity as a center for corporations, entertainment, and tourism will continue to make it attractive to investment from all over the world. Because of the extraordinary pedestrian traffic, it can and will attract major retailers, and it is important that this trend not be deterred by the concentration of porn theatres, strip clubs, and adult video stores. Theatre Owners Interviews were held with high executives of the three major legitimate theatre organizations. All were very emphatic about the deleterious effects of the presence of adult use stores near their theatres and in the neighborhood in general. They stated that these uses "scare away audiences," and were not good for business. One respondent believed that one of his well-equipped and otherwise competitive theatres could not compete for bookings because of its location near 42nd Street's porn strip. That is, he could not obtain rentals for productions, and was forced to create projects of his own to keep the theatre from staying dark. All three, including the owner of that theatre, mentioned the direct negative effects of the presence of an adult use establishment right next door to the Martin Beck Theatre. Despite the fact that this theatre now houses a musical hit, the owners describe complaints from patrons about the adjacent sex establishment. Complaints were voiced about the "unpleasant" atmosphere on the western edge of the streets on which their theatres were sited, West Forty Fourth Street and West Forty Seventh Street. One respondent, with a more than twenty year history of theatre operation in the area, was unequivocal in his view that the presence of these establishments hurt business. From the days of massage parlors in the 1970s to the video stores of today and the resurgence of topless dancing establishments, there has been a continuing pattern of deterioration of facades, sidewalks, and blockfronts-a pattern damaging to theatregoing. He believed that low-level drug dealing and prostitution could be linked to the presence of these adult entertainment places, and that the presence of even one such store on a street is negative. The other two theatre executives believe that the more concentration of porn businesses you have, the more it hurts property values. While they did express concern for free speech considerations, they were all quite critical of the negative effects of the appearance of these stores, which they say contributes to blight. These exhibitors asserted that Broadway theatre and restaurant patrons are a class of people who are discouraged by the prospect of walking through pornography-filled streets. The respondent from a nonprofit theatre located in Times Square, not immediately near adult use businesses, did not express major problems or complaints related to such places. He recognized, however, that many of his patrons parked their cars west of Eighth Avenue, and that many of his promotions included dining on Restaurant Row, but he cited no specifically perceived negative effects. The theatre owners stated that the incidence of crime has declined in the Times Square area, and that the area is cleaner and safer, its negative raffish image has improved markedly. But they were concerned about Eighth Avenue, about vacant stores, and about uses such as porn stores that were incompatible with theatregoers. Restaurants We interviewed seven respondents, representing eight variously-priced restaurants and chains in the Times Square area. Two were located on 46th Street's Restaurant Row, two on Eighth Avenue, and three elsewhere in Times Square. One restaurateur was also a building owner. All of the respondents believed, in general, that the presence of the adult use establishments was not good for their business. One of the owners was not at all affected, he said, by the adult businesses, because the block on which his restaurants were located was free of such uses. But although this restaurant operator had been offered properties on Eighth Avenue as well as on 43rd Street, he said that he would not open restaurants on those sites even if they were free. "My customers want to be entertained, to be in an uplifting environment. My places attract family and friends. I don't want my customers to be put off by the atmosphere." But the owner of a lower-priced coffee shop on Eighth Avenue who claimed that he sought tourists and local business said that the presence of these businesses made for a "terrible" influence, and that Eighth Avenue was no longer "a very popular area." He said that business is off after 7:30 or 8 at night on this Avenue, compared to business a few years ago. Another popular restaurant with a substantial core of regular customers who are not bothered by the presence of porn stores said, however, that the restaurant has great difficulty attracting the corporate parties that they have been seeking. They believe that there is a public perception that the area is unsavory, since they have had the experience of attracting potential parties, and then having those potential customers cancel. This manager also expressed concern that tourists may pass her restaurant by because it is sandwiched between pornography establishments. Three of the restaurant operators described complaints from customers about loitering. The food establishments located on or near Eighth Avenue said that they believed that new porn businesses were relocating from 42nd Street; they also said that the flamboyant advertising of pom stores, even ads seen from across the avenue, had a negative effect on their business. All these respondents were aware of and complained about drug dealing which they could not directly tie to the adult entertainment ventures, but which they felt were part of the same picture. Both a small coffee shop owner and the owner of two larger family restaurants expressed their opinion that Times Square remains a promising business growth area and that they intend to stay. But the coffee shop may be forced to move off Eighth Avenue, and would like to unless conditions improve. Hotels The three hotel operators who were part of the interview sample, and the owner of one of the properties-all located along Eighth Avenue—agreed that the dense concentration of adult entertainment venues was a deterrent to their trade. The owner of a long-standing moderate priced tourist and convention hotel said that there had been a tremendous improvement in conditions in Times Square in the last two or three years. He attributed this to the work of the Police Department and the Times Square Business Improvement District. But this hotel owner continues to have some difficulty attracting airline and corporate business, and the trade shows that it seeks. He described complaints from airline personnel that women among them were verbally assaulted on Eighth Avenue. He said that Times Square is viewed as a "fun area," but that Eighth Avenue is the "seedy side of the district." He also said that he is himself "not a prude," that it is perhaps possible to live with some of these establishments, but that the concentration of them-more than one on every block on Eighth Avenue-is "disgusting and harmful." In sum, this manager of a large hotel said that there is great improvement, but there is still the need to combat sleaze through City action and through pressure on landlords. An assistant manager of a chain hotel did not see any positive or negative direct effects of porn businesses on his own. But he did observe that prostitution activity seemed to be worse than last year, and he offered the opinion that plainly people do not like to see either that activity or porn establishments when they leave his hotel. In the interviews with the owner and his lessee of a small hotel franchised by an international chain we heard about the direct effects of porn establishments. Though located on Eighth Avenue, with X-rated movies at the end of the block, they believed that they could attract customers because of their national booking service. But after obtaining their lease, an adult-use store opened right next to the front door of the hotel, and the respondent described many instances of customers having booked rooms through the national office arriving, looking, and canceling. These customers sometimes took photographs of the adjacent porn store and sent them back to the national booking office. As a consequence, business is down substantially. Both owner and manager describe the constant activity of prostitution in front of the porn store and their hotel, and both associate drug dealing and crime with the loiterers attracted to the store. The owner had the opportunity to acquire and rent the adjacent store. He could have rented to adult use businesses, he said, but refused. He claimed that the adult use is paying a much higher, above market rent than what the previous owner or any non-pornographic business would pay for that space. He also said that "I am certain that there are illegal activities in the back room [of the store]. The rent is too high to be sustained by the sales." Both men expressed concern about a store across the Avenue that had been vacant for a year and a half, and feared it would be rented for adult entertainment use. Retailers The five merchants interviewed had all been in business in the area for many years. Four are family-owned businesses which also own the buildings in which they operate. Three of the businesses are industry wholesalers, destination markets, and local service stores. Two of the interview respondents saw no particular effects of the presence of adult use establishments on their own specific businesses. Both of these condemned the presence of drug and crack dealers in the vicinity. One of these two said that he knew the manager of a gay movie theatre across the Avenue and considered him a neighbor trying to do business. Another interviewee felt differently, that conditions brought about by the porn businesses were pretty bad, negatively affecting rents. Though he said he was as concerned about the First Amendment as anyone, and "did not consider myself a saint," he did say that the people who hang out in front of these establishments are unsavory and are involved in petty street crime. He feels that the presence of such stores hurts the perception of Times Square as a place of entertainment and business. He had become optimistic about Times Square's future in the last years, but now found himself worried about the increase in the number of adult use stores on Eighth Avenue, and the consequent security and safety problems. Nevertheless, he plans to continue doing business in the area where his family has been since 1935, and would consider expanding into more space in an industrial or commercial building west of Eighth Avenue. A liquor store owner said that his real living is from the residential and business trade in the area and he does not welcome the presence of the adult use stores. He is convinced that they are associated with street drug dealing, and claims to have observed known dealers in video stores many times per day. He believes that they frequent these places-which otherwise seem to be doing very little trade-because the video dealers are tied into the crack-selling business. That owner and a manager of a store owned by a family which has been doing business in Times Square for ninety years expressed great concern about vacant stores, high rents that only the porn operators can afford, and loiterers who interfere with customers. Community Residents and Organizations In the greater Times Square neighborhood there are eight block associations, approximately seven public schools, and about fifteen churches, six of them within the BID boundaries. Block Associations Of eight known block associations in the area west of Eighth Avenue, we interviewed representatives of five. All the respondents described the negative impact of the concentration of adult use businesses for both the residential arid commercial communities. They all said that they believed and observed that these uses are negative in their effects because they attract loiterers, drug dealers, prostitutes, and their customers. Four of the block association leaders said that adult use establishments drive out legitimate businesses, and they deplored the recent loss of a stationery store and a drycleaners which had been replaced by adult entertainment businesses. All five representatives said they had been directly affected by the presence of adult use establishments on their blocks, and indirectly, by the presence of groups of prostitutes who congregate in front of the establishments on Eighth Avenue, and also onto the side streets. They linked this prostitution activity to Eighth Avenue itself, but they acknowledge the presence of prostitution and drug dealing on other avenues to the west. Four of these respondents had made complaints to owners or operators of adult use establishments about their displays and about loitering. One had not. The same four had also complained to the Police, Midtown Enforcement, and the Community Board. On the question of the scope of the area impacted by an adult use business, four of the respondents believed that the impact was neighborhood-wide, by which they mean that the image of the entire area is tarred: "It erodes the neighborhood's self-esteem." In terms of the impact of any single adult entertainment location, two believed that such impact extends across a street or avenue, and one believed that it extended more than five hundred feet. All respondents commented on the appearance of the stores; some called them aesthetically unpleasing and garish, obtrusive and tawdry, and disturbing to children. Some felt that the appearance of adult movie theatres was somewhat less disturbing than that of other adult businesses, and others complained that the covered, blanked-out windows of adult bookstores were forbidding and repellent. These community interviewees believe that drugs and drug-related criminal activities constitute the number one issue for neighborhood residents, prostitution activity a close second, and the presence of pornography establishments was rated as third. Another theme for longer-time residents was the belief that there had been many signs of renewal and community health in the Times Square area in recent years, but that the arrival of new adult use businesses, vacant stores, and resultant increases in drug activity were now posing new threats to community stability. These respondents viewed themselves as part of a working- and middle-class community in Clinton, adjacent to the commercial Times Square, and fighting to preserve the residential character of their home blocks. Community Boards Four and Five Community Board Five covers the Times Square area and reaches through most of the BID district to the east side of Eighth Avenue. Board Four covers the west side of Eighth Avenue, the Clinton residential and manufacturing communities to the west, as well as the Chelsea community to the south, where there has also been a recent increase in the presence of adult establishments. We interviewed the District Manager and the Co-Chair of the Public Safety Committee of Board Four, and the Assistant District Manager and Co-Chair of the Public Safety Committee of Board Five. All four told of an increase in complaints and concern being directed to the Boards over the past two years. For Board Four, many of the complaints focused on the area along Sixth Avenue in Chelsea, as well as on the area just south of the BID boundaries, on Eighth Avenue. There were specific complaints about particular establishments, including the documenting of criminal activity along Sixth Avenue, along Eighth Avenue south of the BID, and at Forty Sixth Street and Eighth Avenue. In terms of effects, one representative may have summed up the feeling by saying that the presence of these businesses makes "people feel that my neighborhood is no longer my own: people who are apolitical begin to organize against these stores." Another said "the block is taken away from the residents, you can't walk down the street. Other people who use the street to walk or shop cross over or avoid these businesses." All these respondents described instances of loitering, late-night drinking, and, in the case of some establishments, documented criminal activity. Yet, because these activists also had experience with the negative impacts of non-pornographic bars and discos as well, they did state that perhaps every establishment had to be judged on its own effects on a block or a community. If any of these users could be good neighbors, if they could blend in with the community, then perhaps some could be tolerated. But they also said that the experience has been that if there is one establishment, then others follow, leading to an unacceptable concentration of adult use stores. This is what has occurred in Chelsea, and this is the case on Eighth Avenue. When there comes to be "a critical mass" and when the stores are poorly run, the area becomes a point of attraction for all sorts of undesirable activities. These informants expressed their concern about impacts on their residential communities, but they also saw their interests linked to the prosperity of the theatre community in Times Square, for example, and to the continuing growth of other businesses in Clinton and Chelsea. Schools We were able to interview representatives of two public schools in the area, Public School 111, and Park West High School. They decried the proliferation of adult entertainment stores in general, and stated that they did not want young people to grow up assuming that "the sleazy image" provided by these stores is the norm. "Why throw this at children before they are ready?" They also expressed concerns about prostitution and drug dealing in the area, which, together with the presence of the porn stores, contributes to the negative image of the Times Square and Clinton areas. One representative had recently made specific complaints about a nude bar opposite the back of the school building, and had worked with the Community Board to lessen the effects and even, unsuccessfully, to close that bar. Social Service Organizations Three interviews were held with 1) the executive director of an organization providing residential and service needs for older citizens, 2) the executive director of a multi-service settlement house, and 3) the executive director of an AIDS project. A fourth, more informal conversation was held with the executive director of an organization serving the homeless. Two of these respondents observed that the presence of adult entertainment businesses has a negative effect on the area. The settlement house leader said that the families and children she serves try to avoid Eighth Avenue, and the senior service representative believed that their ability to attract viable commercial tenants for their retail rental space was being hurt. The AIDS organization representative asserted that pornography may be okay for some, but may be linked to drugs and prostitution because there is also commercial sex taking place in and around these establishments. He believes that there is a double standard prevailing, in that not enough is being done to combat drug dealing, prostitution, and the spread of AIDS. Each of these interviewees was concerned about the negative image of Times Square that may be fostered by the presence of the porn businesses and their ancillary activities. The respondent from the homeless agency described the presence of a scantily dressed woman dancing on the street and distributing flyers for a newly-opened business one block south of the BID boundaries. This new business is on the same block as the outreach ministry of a church, and very close to the two residences for homeless adults run by her organization. She stated that she is working with people who are "trying to get their lives together" and she found the presence of these establishments not helpful. The three executive directors believed that the appearance and exterior displays were "embarrassing," "seamy," and "seemed to be violent." As to the issues and problems facing the neighborhood and Times Square, all three mentioned drug dealing and prostitution, and two spoke of the negative effects of street crime, even if they were only perceived effects. All three said that Times Square is and should be a place of entertainment and tourism, but that there was a difference between this and sleaze. One person also mentioned that the stalled 42nd Street development and the empty buildings had "deadened" the block. She was also concerned about the decline of neighborhood service stores, needed by seniors and families living in the area. Religious Organizations Six church representatives were interviewed, one of whom had been in the area only a few months while the others had been working in the Times Square area for many years. While these people all decried the content of the advertising at adult use businesses, their image of women, and the negative effects of their existence, their true complaints were directed at the ancillary activities or effects that they insist were the inevitable result of the businesses' presence. Each of these members of the clergy spoke about the prevalence of prostitution activity. Many knew who these prostitutes were, and were concerned about the violence they had observed, women being beaten and other violent incidents associated with the selling of sex on the street. They all stated that the presence of these stores attracted people who, as one put it, "are involved in some sort of scam." That is, the stores attract hangers-on, street people who engage in gambling, drug dealing, as well as groups of men looking for sex, and women, men, and boys selling sex. Three of these interviewees acknowledged that there is also a great deal of prostitution west of Eighth Avenue where there are no adult entertainment spots. Clergy spoke of themselves and their parishioners being accosted by prostitutes; one described an attempt by a prostitute to pick his pocket as he walked his dog on Eighth Avenue. One church leader believed that people come from all over the world to patronize the pornography establishments in the area, but three others said that they did not believe that tourists came to Times Square for this purpose. Instead, they maintained that it was difficult for tourists to make their way past the sleaze of Eighth Avenue. These church people, like the community residents, spoke of a feeling that things had been improving in their community until the most recent influx of additional adult entertainment businesses. In some respects they welcomed what they saw as the improved image of Times Square, and praised the work of the BID. But their major issue, above all others, remains the drug problem, and resultant street crime, which they see as the scourge of the entire community. SOME ADDITIONAL TESTIMONY During the course of this study, in addition to the interviews that made up the formal survey, we received or had passed along to us from time to time written communications from various individuals who live or work in the Times Square area. Some of these are sampled below: , Proprietor, Restaurant: (March 1, 1994) I am a new business owner on West 47th Street between Broadway and Eighth Avenues. We opened our doors at on October 7, 1994 [sjc, 1993?]. Our restaurant occupies the space of the old Delsomma Restaurant. During these four months we have seen BID's work in the neighborhood evident in the painting of storefront gates, removal of bills posted on abandoned buildings, helpful clean-up crews and ever so accommodating security people. Unfortunately, we have also noticed the opening of four new adult video stores in a two-block stretch between 46th and 48th Streets on Eighth Avenue. While I have never seen any of them with more than two customers inside, the element of underground business they attract is atrocious, namely prostitution, drug dealing and loitering. Since their customers are few they obviously generate their income in some other unobvious manner. While the owners of the adult video stores have a civil right to earn a living, I am opposed to its impact on the neighborhood and would like to know what I can do to protect the area from similar new business and discourage store owners from operating in the area. Not only does it hurt the area's legitimate businesses, but we must remember there are several high schools in the area whose students should not be exposed to these activities. Thomas K. Duane, Councilmember: (Letter to the owner of 320 West 45th Street, now occupied by an adult entertainment business, December 23, 1993) As you may be aware, "Private Eyes" joins the growing list of adult uses (i.e. adult video stores and topless/bottomless dance clubs) in the Clinton neighborhood of Manhattan. Red Zones in other American cities have caused dramatic increases in crime and negatively impacted the local economy. While you may gain short- term economic benefits from renting out your property to an adult use, you also will be creating a negative economic climate for your own property. You should also be aware that your property is directly across the street from a residentially zoned property filled with families and young children. Moreover, the City Council has been considering legislation, which would illegalize adult uses within 500 feet of residentially zoned property. "Private Eyes" would clearly be illegal if such legislation were to pass. **""* The Block Associations in Clinton have been working long and hard ' to make their streets safer and drug-free. Renting your property to an adult use such as "Private Eyes" undermines their hard work and significant achievements. I am aware the Community Board #4 has offered to assist you in identifying a more appropriate use for 320 West 45th Street. I urge you to accept the board's offer. I would be more than happy to provide assistance from my office as well. The West 45th Street Block Association: (Letter to Community Board 4, March 4,1994) ...The "Private Eyes" adult nightclub at 320 W. 45th St. has become a continuous cause of concern and frustration among block residents. Although the club may be in technical compliance with various laws, little by little, Private Eyes has created conditions that cheapen the quiet ambiance of this mostly residential block, adversely affect our quality of life and attract elements (both patrons and non-patrons) who continually disturb the peace. "No Parking" was established on this block several years ago to discourage loitering around parked cars. By allowing (or encouraging) patrons to disregard parking regulations, conditions are created for late night crowds and disturbances. Indeed, we've noticed a distinct increase in Private Eyes patrons hanging out and milling around parked cars - late at night usually between 2 and 4 a.m. These patrons are often inebriated, rowdy and shouting, blowing car horns and in at least one instance they have even tried to overturn a car. A side effect is that car alarms tend to go off frequently. This late-night congregating in front of the club happens again and again. These people do not live here or have any respect for block residents. And whether by design or happenstance, the club attracts certain non-patrons detrimental to the block. Street prostitution and drug dealing has increased. Almost every night, Private Eyes has employees handing out advertising flyers on the corner of Eighth Avenue and 45th Street. Although we're cognizant of first amendment rights (which don't necessarily apply to commercial advertising), these pamphleteers tend to block a very busy corner, attract drug dealers and cause litter (from their discarded handouts). We must relate that this is a residential block with approximately 2,000 apartments. This is not a problem of morals, but the presence and behavior of Private Eyes directly and adversely reduces whatever quality is left on this block. From various buildings, we've heard residents complain of being woken up in the middle of the night, others who claim they're afraid to go into their own building if blocked by dealers, crack addicts or other scurrilous characters. Aside from a few storefront businesses, the Martin Beck Theatre is the only Broadway theatre west of 8th Avenue, bringing onto our block around 2,000 tourists every night and a portion of the $2.3 billion revenue of the theatre industry. The conditions created by Private Eyes may not directly affect that revenue, but surely tourists are in increased danger and may leave our city with a foul impression. Ross Graham and Timothy Gay, Chairperson and Committee Chairperson of Community Board #4: (August 16, 1993) Re: the building at the northwest corner of 46th St. and 8th Avenue: Community Board No. 4 understands that the property you own at the above location is being renovated to possibly accommodate a ***** multi-floor adult entertainment center, or, in other words, a "porn "****>" palace." Community Board No. 4 is on record as opposing a concentration of adult entertainment businesses in any specific neighborhood. Store fronts along Eighth Avenue in the 40s are quickly being turned into pornographic video and literature outlets, and several theaters specialize in adult movies and live entertainment. The "porno palace" appears to be the first proposed multi-level facility of its kind in the neighborhood. However, you should know that each of the 300 Blocks from West 43rd to West 59th Street is residential. West 45th, 46th (your corner), 47th and 48th Streets are especially residential with active block associations, and West 46th Street, as you know, is Restaurant Row. A number of legitimate Broadway, off-Broadway, and off-off-Broadway theaters operate within a few blocks, as well as businesses ranging from major law firms (at Worldwide Plaza) to child care centers. Junior High School 17, with more than 700 children, is located a half a block away, on West 47th Street between 8th and 9th Avenues. In addition, your proposed "porno palace" is within 100 feet of a church. Community Board No.4 strongly urges you to reconsider the proposed use of your building. Rowan Murphy, Assistant Director of Common Ground Community (CGC), operator of The Times Square, an affordable housing program in what was formerly the Times Square Hotel at 25 W. 43 Street: (Testimony before Manhattan Borough President's hearing, October, 1993) ...CGC acquired The Times Square in March of 1991. At that time, there was one adult use establishment on the south side of W. 43rd Street, across from our building. The block, at that time, had a growing reputation as a "safe corridor," as the result of intensive efforts by the Mayor's Office of Midtown Enforcement, Midtown South, and local businesses to increase community policing and security awareness. In September of '92, two additional adult use establishments opened, the 24-hour "Playpen" and "Malebox" located directly across from our front entrance. For the 364 individuals who live at The Times Square, and our staff, this concentration of uses has meant a steadily deteriorating quality of life on 43rd Street. Before the Malebox and Playpen opened, tenants could enjoy sitting in the lobby or mezzanine during the evening, strolling to the corner for coffee or lingering on the steps for some fresh air. Now, the street is a gathering place for prostitutes and others involved in illegal activities. Patrons for the adult use establishments harass and intimidate our elderly tenants, in particular. Patrons use our service entrance as a urinal on a regular basis. Our security staff is hassled when attempting to keep our entrance clear of loiterers from these establishments. The street is now ugly and intimidating at night, discouraging use of the lobby and mezzanine by our tenants and creating noise problems for tenants living at the front of the building overlooking 43rd Street. The concentration of adult uses on West 43rd Street gives the block a very different appearance and feeling than it had when a single establishment existed there. ...[T]he density of adult uses, the disruptions they create, and the sordid street activity they attract have been major negative factors for those evaluating our building as a place to live. The majority of the applicants who decline acceptance at our building described their main reason for doing so as concern about the safety and quality of life on the block. Public Nuisance and Public Health Problems: The Adonis Theatre In January, 1994, the New York City Department of Health obtained a temporary closing order from the New York State Supreme Court, shutting down the Adonis Theatre, located at 693 Eighth Avenue, near 44th Street. This action was brought under the New York City Administrative Code, the State Sanitary Code and the Penal Law, in order to restrain a public nuisance at the premises and to stop acts of individuals which were detrimental to health and which are considered to be high risk sexual activity. This action was brought as part of the City's continuing effort to help control the spread of the AIDS virus. High risk sexual activities were observed by inspectors on nine visits to the Adonis Theatre over a four month period involving at least 95 individuals. The Court papers stated, "All incidents were seen in open areas. The management of the Adonis Theatre must obviously be aware-or must vigorously shield Itself from knowledge—of all this high risk activity that is plainly visible to casual and occasional outside inspectors." APPENDIX The Department of City Planning Secondary Effects Study The Department of City Planning is currently undertaking a study of secondary impacts of adult use establishments in six other locations in New York City. The Department compares assessed values but for the years 1986/7 and 1992/3. Comparing our findings for our years to their selected years, we found that the trends remained the same, but in somewhat different proportions: the difference between assessed valuation rates of change for 1986/7 and 1992/3 was less for the Eighth Avenue study block and the Ninth Avenue control block than for the years of 1985/6 and 1993/4, and the difference was greater for the "DCP years" of 1986/7 and 1992/3 as compared to our years of 1985/6 and 1993/4. These differences in findings may be related to the selection of different years in the real estate "boom and bust" cycle. For both sets of data, the increases in assessed valuations occurred at a higher rate on the "control" blocks on which there were no adult use establishments, than on the "study" blocks, on which there were adult use concentrations. We are not asserting a simple cause-and-effect relationship here. There are too many variables-zoning, market trends, public condemnation proceedings for the 42nd Street Development Project, personal decisions by owners-that may affect assessed values-in addition to the presence of adult uses. 18 • -•-] HLtD XT MAYO* ftMECTINQ Kfff 21 ilS ' glHIBlT KQ. \ Menorandutt dated May 1, 1990 MEMORANDUM DATZ: Hay 1, 1990 TO:Mr. William Call City Prosecutor FROX!JL-Hichael J. Lever en z >*Xx^ Assistant Chief of Police Investigative Services Ext. 4480 SUBJECT: ADULT EJWZRTAIHMZST Per your request, the following information describes some of the events and activities that were occurring in adult entertainment bookstores and establishments that clearly demanded the need for a stronger ordinance. BACKGROUND In late 1986, the Police Department received numerous complaints of illegal sexual activity and unsanitary conditions occurring in many of the adult entertainment bookstores and establishments. Initial reports indicated that sexual activity was occurring on the premises between customers and prostitutes, customers and the entertainers and between the customers themselves. Through covert investigations it was soon discovered that many of these allegations were in fact true. Investigating officers found that many of the dancers were prostitutes who were offering private shows where customers could, for a price, observe them performing live sex acts. One of these acts was the "double dong" show. This show consisted of two females using a double headed dildo simultaneously.' In a similar act dancers would perform oral sex on each other. Kany times the dancers would require customers to expose themselves before they would perform. At several of the businesses, customers were allowed inside the booths with the dancer and were encouraged to undress and masturbate. For a little acre money, the dancers would help the customer masturbate. Nearly all of the dancers engaged in sexually explicit conversations with the customers. For the right price customers would be allowed to touch the dancer in every place that bikini panties did not cover and if enough adney was paid the customers would be allowed to insert their fingers into the vagina 09:32 F3CM TUCSON CITY PROSECUTOR TO 97915413 ADULT EHTIBTAIHM2HT ORDIHANC* Page 2 of the dancer. Undercover officers also learned that customers could hire the dancers to engage in acts of prostitution^ Confidential sources indicated that, in some instances, these acts actually occurred on the premises with the knowledge of the management. Investigating officers also discovered that underage females were being hired to dance nude. The youngest person known to have been working in one of these businesses vas a fifteen year old female. The business that she vas working at required that she dance several times an hour and perform what are known as spread shows. In these type of shows a female masturbates either manually or with a vibrator in front tof a customer. In most cases these minors vere in possession of false identification which they were assisted in obtaining by the older dancers and, in one case, allegedly by the business manager. "Glory holes" were discovered in tho walls of adjoining booths in some of the bookstores and adult entertainment establishments. These holes were used by male customers to facilitate sexual acts with the occupant of the neighboring booth. Additionally, certain book stores were found to be frequented by homosexuals and it was not unusual to have men standing around the booth areas attempting to pick each other up. It was also obvious to anyone vho went into these businesses that there vas a problem with the sanitary conditions. Upon entering the vieving booths, investigators often found puddles of semen on the floors and/or hanging on the vails. If the customer did use a tissue these were also usually found on the floor of the booth and in some cases in the hallways. In order to verify the accuracy of their observations, investigating officers collected samples on two separate occasions. Between April and August of 1987, investigators collected 26 randos samples at eight separate adult entertainment bookstores and establishments. Of these 26 samples the TPD Crime Lab reported that 21 (81%) tested, positive for semen. The second collection occurred between October and December of 1988. This tiae investigators collected 27 random samples at ten separate adult entertainment bookstores and establishments. Of these 27 samples, 26 (96%) tested positive for semen. , At virtually every adult entertainment bookstore and establishment employees were arrested for prostitution or obscene sex shows. At one of these businesses a nationally known porn star was seen on HfiY-32-1590 e«:S3 .FSOM TUCSCW CITY PROSECUTOR TO ?T5l5dl0 ADOI.T ZKTERTAIHKZMT ORDINJUICS Page 3 stag* in front of approximately twenty people inserting her tongue and finger into the vagina and anus of another performer. At another business, a dancer was arrested after she performed oral/anal sex on another female. At the end of her show she blew air out ol her vagina in order to sake noise. As a result of arrangements that vere easily made at these businesses, dancers were also arrested for perforating sex shows and other acts of prostitution at other locations. NEED TOR X eTROKQER ORDXVANCZ During the tine that we were conducting these criminal investigations, the Health Department began investigating the sanitary conditions in these businesses. The Health Department recognized, as we did, that many of the activities that were occurring were made possible by the doors on the booths. When it was suggested that their removal would substantially reduce the opportunity for people to have anonymous sex, the Adult Entertainment Industry quickly joined forces with a common goal in mind. That goal was to keep the doors on the booths. In order to demonstrate that a health ordinance was not needed these businesses began cleaning the booths and, in some instances, the entire premises. Whole businesses suddenly were painted and in some cases remodeled. Signs started being displayed discouraging loitering and asking customers to place their tissues in trash cans. The whole industry began changing due t,o the fact that they were trying to convince the Health Department and the public that they could police themselves and that the doors did not have to come off. In an attempt to diffuse the cry for the removal of th« doors the bottom part of the doors were cut off. Shortly thereafter, City Ordinance 7299 was enacted which provided for the licensing of employees and established . regulations regarding the operation and location of adult entertainment enterprises. On November 1, 1989, Mr. Michael J. Bloom, attorney for several of the enterprises affected by the ordinance, filed a law suit in the United States District Court challenging this ordinance. Since then a series of meetings occurred between Mr. Bloom, the Police Department, and the city Attorney's Office to determine if compromise was possible. As;a result, we found that a major issue of contention was whether the doors should come off or be allowed to stay on. During an on-site inspection of these booths with Mr. Bloom, he advised us that his clients position was ADULT EHTZKTAlTOttHT ORDIHXSCX Page 4 that the doors had to stay on. Ha stated that his clients were very concerned of the possibility of non-paying customers congregating around the booth of a paying customer. Mr. Bloom also indicated that his clients would be agreeable to vording in the ordinance that require the bottom of the doors to be raised to a height that vould permit all the interior floor space (of the booth) to be visible from the public hallway. The idea being that this would allow anyone to count the number of feet in the booth thereby insuring that there was only one person in there. Discussions occurred with supervisors and officers of the Police Department's Vice Detail pertaining to the alternatives. After these discussions, and recognizing that although Mr. Bloom's position has some merit, our first recommendation was that the doors be removed from the viewing booths for the following reasons. 1. "Glory Holes" - even if the doors were raised to knee level, they would still provide customers with enough shielding to encourage and permit illegal sex acts to continue. 2. Masturbation - doors encourage and facilitate this act and we do not feel the community believes this should be an acceptable or sanctioned practice in a city licensed business open to the public. 3. Sanitation - as previously stated random inspections of booths by investigators found some rather offensive conditions. Although there, has been significant changes in the operation of these businesses, recent spot checks indicates that this problem persists. 4. Booths - the viewing booths can be configured in a manner that will preclude viewing by non-paying customers, 5. Court Decisions - the removal of doors has been upheld by the courts. Since then several meetings with Mr. Bloom have taken place regarding this issue. On April 30, 1990, the Police Department was advised that Mr. Bloom, in a letter to Mr. William Call, indicated that his clients would agree to raising the bottom of the doors to a height of 30 inches from the floor, . • Subsequent to this compromise offer, the Police Department agrees to recommend that the doors remain on the booths under the following conditions: OJUJIMXMCZ Page 5 1. The bottom of the door must be a minimum of 30 inches from the floor, so that the occupant of the booth is visible from the waist down when seated. 2. The booth can not be modified nor can a chair be used that will circuavent the intent of condition fl We feel that this compromise answers the privacy issues raised by Mr. Bloom and his clients, as well as, providing a deterrent effect against the type of behavior that we originally cited for the doors coming off entirely. Additionally, we believe that.the proposed ordinance will also benefit the businesses that it regulates because: 1. Employee licensing obligates the Police Department to conduct background investigations on all applicants. This will ultimately result in the selection of better employees. 2. If the denial or revocation of a license is recommended a /**"*• hearing is required before any action is taken. 3. The presence of partial doors should not reduce business. 4. The presence of partial doors will assist the businesses in maintaining a cleaner environment and meeting the regulation set forth in the ordinance. It is for these reasons and the belief that the ordinance will not adversely affect these business establishments that the Police Department recommends the ordinance be adopted in its present form. 19 STAFF REPORT AMENDMENT TO ZONING REGULATIONS ADULT UUSINESSES IN C-2 ZONE WITH CONDITIONAL USE PERMIT CASE NO. 153.015 JANUARY 9, 1978 Sinc« 1969, beginning on Whittier Boulevard, easterly of che 60S Freeway, the community has experienced a rapid growth of adult businesses. Beginning in the unincorporated County area with an adult bookstore, the uses have expanded to include a theater, massage parlors, and model studios, and now stretch to the central business district of Whittier. Fifteen adult businesses now exist, thirteen of which are located in the City of Whittier. On June 21, 1977, the City Council adopted Ordinance 2116, as an urgency measure, defining and regulating certain adult businesses through the conditional use permit process. The Council in the adoption of said ordinance declared that such uses have operational characteristics which May have a deleterious effect on immediately adjacent residential and commercial areas. The purpose of the urgency measure was to attempt to keep the situation status quo so that the issue could be studied and appropriate regulations, if necessary, be adopted in order to protect such commercial .and residential areas within the City from the possible blighting or downgrading effect of adult business. Ordinance 2116 was amended on December 7, 1977 by Ordinance 2128 which added two uses to those regulated. The urgency ordinance was modeled after an ordinance of Detroit, Michigan, which was upheld by the 0. S. Supreme Court in June of 1976. Said ordinance dispersed such uses by use of separation distances from one another and from residential districts. Extensive discussion of the Detroit Ordinance and others appears in the American Society of Planning Officials Report No. 327, "Regulating Sex Businas -I- r -2- a copy of which is enclosed. (Copies furnished only t-b the City Council, Planning Commission, and the file. The file copy may be reviewed in the office of the Planning Department.) EXISTING USES Currently, there are adult businesses at the following locations: Add re s s Type of Business 10S29 Whittier Blvd. Model studio 1OSSS Whittier Blvd. Model studio 10619 Whittier Blvd. Model studio 10703 Whittier Blvd. Model studio 10705 Whittier Blvd. Book store 10711 Whittier Blvd. Model studio 1O713 Whittier Blvd. Massage parlor 10824 Whittier Blvd. Massage parlor 11205 Whittier Blvd. Massage parlor 11527 £ 29 Whittier Blvd. Model studio 11531 Whittier Blvd. Book store 11729 Had ley Massage parlor 7O3Q Grecnleaf Theater The first of these, at 11729 Hadley Street, took out permits for partitions in January of 1969. The use of the building was stated as "physio-massage." Another massage parlor opened in 1976, at 11625 Hadley, but closed shortly thereafter. Several of the businesses have in these few years, changed hands and locations. At 1OS1O Oorland, a permit has been requested to convert an existing residence to a model studio, and is currently awaiting dedication of street right-of-way for issuance of permit. STAFF STUDY Since June 21, staff has been collecting and analyzing data r and reviewing testimonies and contacting other agencies in efforts to determine what effect adult businesses have on adjacent properties. The one Major factor to keep in mind in reviewing the data, however, is that not all of it can be isolated as being directly related only to the presence of adult businesses because of the variety of the factors influencing the study areas over the last ten years. The study compared two areas on Whittier Boulevard over a ten-year period. Said areas are shown on the attached map. Area One, between Redman Avenue and Norwalk Boulevard, contains the largest concentration of adult businesses, the other. Area Pour, easterly of Painter Avenue, between Jacmar and Watson Avenues, had no commercial frontage on Whittier Boulevard, and was used as a control. Area Pour was selected because of its similar street patterns, lot sizes, and number of hones, to those of the first, where the adult businesses were concentrated. The ten years compared were 1968 through 1977 (including some 1967 date where 1966 was not available). The first adult business on Whittier Boulevard was licensed on November 29, 1971, but the first in the study area appeared in 1973, and by late 1974, more than half of the current businesses were in operation. Therefore, the end of 1973 was selected as the date to be used to compare before and after affects. The following is a summary of the resuits of the study, and indicates the factors considered: r -4- Study Area Ona Number Per cent Study Area Fou Number Por c«rx 1. Number of homes 160 2. Number of businesses 175 1967 1976 («)Number of changes of occupant Homes Bus iness (b) Changes since 1973 17 19 1S4 37 Homes . 88 Business ' 17 (Adult businesses) (7) Number not changed Homos Business 5. Number of homes sold (a) At least once (b) Since 1973 Average sale price 19f»B $19.100 1969 17,000 1970 21.0OO 1971 25,400 1972 20,500 1973 21.500 1974 20,30O 1975 26,100 1976 31,100 l-*77* 36,500 •Projected from 6 month 6. Median Home Value (1970) $18,214 7. Per cent owner occupied 1970 1977 67 5 46 26 7 2 2 5 4 2 4 7 9 H data 96 205 57 46 (19) 41 20 28 57 64 84 $18,280 170 0 32 0 79 0 79 56 -1«. 7 50 19.0OO 20.500 2O.OOO 20.650 20.500 22.125 26,000 10.800 37.227 5 6 3 3 7 9 7 ") 14 i«: 97 19 45 40 61 32 85 8. Ages of housing 39 years 27 years r -5- A further breakdown of the study area one, into the first and second blocks northerly of Whltticr Doulcvard reveals that the per- centages in items 3,and 5 above, are slightly higher in the first blocks than in the second blocks by 5 to 15 per cent. Item 3 <b), above, shows a major difference between study areas one and four of 36% (57 - 19) in number of changes in occupancy. Item S shows that the rate of sales of housing is about the same (57^ - 61%), but item 7 shows that the owner occupancy rate has in- creased from 64% to 84% in study area one. This trend is supported by testimony at a recent public meeting, soliciting such information. For business properties, the picture is more conclusive than for residential. Expanding items 3 and 4, above, in the business category, we find the following: %^' Number of changes in occupancy since 1967 37 since 1973 17 Number changing more than once since 1967 12 since 1973 4 Number not changing since 1967 S since 1973 10 Number of changes to adult businesses 7 In addition to -the above data, the annual vacancy rate dropped in 1976 to the level in 1966, having increased, to a peak of three and one-half times that level in 1972. It must be noted, however, that this apparent stability is due to the fact that adult businesses mow occupy previously vacant buildings. The whittier Police Department has, during the last few years, been collecting evidence in efforts to eliminate alleged illegal activities from the adult businesses. As a result of these efforts. -6- seven of the existing businesses are presently the subject of "red light abatement" action. The initial investigation and evidence gathering documented that all of the nude model studios and three of the massage parlors were actively involved in prostitution. Other problems created by the presence of these businesses are in the form of assault and battery and aggravated assault incidents. There have also been several thefts reported by the customers (Johns) who are victimized by the employees. These individuals usually do not file complaints on the incidents, however, fearing that their spouses will become aware of their activities. Therefore, these incidents always do not appear on the police logs. For several years, the Police Department has received complaints of excessive noise, pornographic material left laying about and in some instances sexual offenders, such as exhibitionists, ventinq their sexual frustrations in the adjoining, neighborhood. Another problem posed by the patrons of these adult businesses is the influx of drunk drivers and intoxicated persons. The majority of customers frequenting the business after 4:00 p.m., and until the early morning hours are males who have been drinking and are seeking sexual release. The Police Department has conplled from the daily logs for the two, four-year periods, 1970-1973 and 1974-1977, the number of incidents of 38 types of criminal activity and the data compared with the City as a whole. This comparison revealed the following numbers of incidents in the given years : 1970 - 23 1974 - 57 1971 - 29 1975 - 73 1972 - 52 1976 - 90 1973 - 29 1977 - 49 1970-73 - 133 1974-77 269 -7- The comparison of the totals of each four-year time period shows an increase of 102% in incidents of crime in the period 1974-77 over the period 1970-73, whereas, the City as a whole for the same period, experienced only an 8.3% increase In incidents of crime. Some specific crimes increased in greater proportions as indicated in the following figures for selected crimes: CRIME 1970-1973 1974-1977 •. Increase All Assaults Theft (Petty) Robbery Burglary (Residential) Malicious Mischief Prost itution Grand Theft Auto Theft (Grand) Arson Displaying a Weapon Prowling e 13 8 15 3 3 5 4 0 0 0 39 29 13 23 24 12 14 9 5 55 387 123 63 S3 70O 300 180 125 Some crimes, on the other hand, decreased in frequency, such as felony narcotics, which decreased from 16 to 9, but due primarily to changes in narcotics laws. Eight other crimes decreased from one or two incidents in four years to zero to one incident in four years. Nineteen of the remaining types of crimes increased, while ten types were reported for the first time during the time period of 1974-1977. At various public meetings, over the last several years, citizens have testified of being afraid to walk the streets, that some businesses have left the area or have modified their hours of oper- ation, and that they are fearful of children being confronted by individuals of offensive character or of being exposed to sexually explicit material. At a recent meeting, several of chose who spok«, but lived some distance from the adult businesses, spoke on behalf of those who lived closer, but feared reprisals if they testified. r "~ ' At one tine, there was a general complaint from parents in the neighborhood that their minor children had been in possession of the negative portion of Polaroid film packs and although this image was not as clear as the positive portion, it clearly showed the lewd poses of the models working in the studios. Young males would rummage through the trash receptacles of the various businesses and pick up these items. It was noted during Police Department investigation of the alleged prostitution activities at these nude model studios, that they had become aware of the complaints and refused to allow Polaroid cameras in the businesses. This did not, however, stop the problem of adult newspapers obtained at the book store being left strewn in the parking areas and alleys adjacent to the businesses. •**"- Rates and numbers of changes of occupancy of residences and in- '•*»•*••creases in complaints to the Police Department are the only measurable indicators of the moral and emotional impact of adult businesses on the surrounding neighborhood. This impact is, however, the most difficult to assess and is probably the most significant as it relates to the mental and physical well-being of the neighborhood and the City as a whole. The health, welfare, and general prosperity of the community arc some of those things which facts and figures cannot adequately describe, but the protection and furtherance of which is part of the stated purpose for the development of land use regulations. An indication of the intensity of the moral and emotional impact is the unity of the residents and their willingness, through organ- izations, such as Citizens for Decency Through Law, to work for improvement of cheir neighborhood. This organization has been suc- cessful in eliciting support of other organizations to help in said efforts. s. ^ -9- Aesthetics are a matter of personal preference, but plays an important role in effecting peoples' attitudes. Regulations, such as the sign ordinance, may not control content or colors of buildings or signs. Typically, the adult businesses are painted in garish, high contrast colors, utilizing flashing or moving lights to attract attention to the businesses. This technique is not. however, unique to such businesses, but is quite common in marginal, strip commercial areas. It is noted that one other major strip commercial use, fast food restaurants, are beginning to change their images from the bright roofs, big signs and giant logos, to the softer, more contem- porary, brick, wood, and tile, finding that their success docs not depend entirely on their visibility. They have found that those who wish to avail themselves of the services offered will seek them out. The same philosophy could also be applied to adult businesses, allowing them to blend into other commercial neighborhoods. Dispersion or Concentration Two basic types of ordinances have been enacted by cities across the United States, dispersing or concentrating. In contrast to the Detroit ordinance, Boston created an "adult entertainment" district, concentrating adult businesses into what became known as the "combat zone." The purpose was to concentrate adult businesses into a single small area to prevent them from spreading into other areas of the City. The Boston experience failed, however, because, according to Boston police and redevelopment spokesmen, "they (the property owners) killed the goose that laid the golden egg," by not policing themselves. In Detroit, as in Boston, the problem was primarily in large downtown commercial districts and "skid rows." In these areas, adult entertainment businesses mingled with pawnshops, cheap hotels. c -10- bars, strip joints, etc.. as well as the "non-porno" businesses. Property owners, attracted by the high rents, willingly paid by the adult businesses, eventually forced many legimate businesses to close, move, or go broke by increasing rents. In the Hollywood area, as reported in several articles appearing in the Los Angeles Times, owners have stated that they don't particu- larly care for the type of business, but like the rent that will be paid by these businesses. This could be a Major factor in low rent commercial areas. In the Hollywood Area, the influx of adult businesses appears to have been followed by a higher vacancy rate. In West Whittier, however, the commercial area between Redman Avenue and Norwalk Boulevard, suffered from a higher vacancy rate before .#***. the commencement of adult businesses than after, but largely because "**"*' adult -businesses occupy those buildings which were most frequently found vacant. It could be expected that an owner of a vacant building would accept the high offers for rent with a good chance that the building would stay rented. For the purpose of determining impact of concentration of adult businesses, four areas were compared, using Polk directories from 1967 to 1977 (1966 thru 76 information) , to. determine the rate of change of occupancy in adjacent residential neighborhoods before and after the introduction of adult businesses. Three of the surveyed areas contained adult businesses, the fourth, the control area, used for the entire study, included no commercial. Area one has six adult businesses, area two has one, and area three has three. The following map shows the areas studied. The results are as follows: Changes Per Year Changes Per Year He fore A.u•_. 's After A. U. ' s Area 1 9.4 22 (1974*) Area 2 .1 .1 (1972*) Area 3 5.3 11 (1974*) Area 4 (control) 20 11 (1974+) -lOa- Ss>-<5\v v :'. '•AQFA ^l^^^e-?vrtisCn o I"!-'* «f PI Mjt^-'?'^ -4l^^*. ml f** ' »* I 1-1 -TTrtrtM1. f *' s* *\t\S* ,^- ^7>-vM^^4 J~ Mspof C/fy of Whittier VjT«J '.??>.//•' . ' V\ /&'•*• 4y&''***•*.^VC'/^v * *:< - •« Areas she/ted to determine the affects of adult businesses on adjacent properties -11- Area 1, with A concentration of adult businesses by 1974, exper- ienced a 134* increase in annual turnover rate. Area 2 experienced no measurable change. Area 3, with three businesses at one location, experienced a 107» increase. The control area, with no commercial and no adult businesses, experienced a 45% decrease in turnover rate for similar periods. If dispersion is determined to be the most effective type of control (short of prohibition) to impose on such uses to protect adjacent properties, the question then becomes how much dispersion -- how much separation between related uses and from adjacent residential uses. The Supreme Court in the Detroit case found no objection to the 1,000 ft. separation of "regulated businesses" and SOO feet from residential districts. As mentioned earlier, Detroit's ordinance was developed for a large downtown, with a skid row area. With the exception of Whittwood, the Quad, Uptown Whittier, and the industrial area, Whittier's commercial areas are strips of shallow commercial lots along Whlttier Boulevard and intersections of major streets. Almost any separation between residential districts and adult businesses eliminates these businesses from the strip commercial areas, forcing them into Uptown or the shopping centers. The issue of separation of adult businesses from schools, churches, parks, and similar public assembly areas, has also been raised and dealt with in ordinances of other municipalities. Currently, the closest adult businesses to any of these public uses is 470 ft. from a church. 3OO ft. from a park, and 1,100 ft. from a school. Any distance requirement must, however, be based on the relation- ship between distance and degree of impact. Brief discussion with the principal of Franklin School and a representative of Whittier -12- Presbyterian Church, revealed that neither had seen any evidence of direct impacts on their institution by the adult businesses. Both were very much aware of their presence, however, and the principal at Franklin School stated that several families who have moved from the area cited the presence of said businesses. One businessman who relocated to another area in the City, stated that the businesses were not a factor but that his clients now comment on the improvement. The park referred to is McNces Park, at Whittier and Hadley, in the unincorporated County area. Hhittiar Police Department indicates that while the park is the scene of many arrests and source of many problems, no definite correlation can.be made between the problems and its proximity to adult businesses. Only one church is within the areas where the current urgency ordinance would allow adult businesses. Other churches are within 2SO feet of the area uptown where such businesses could be located. Whittier High School is also within 2SO ft. of allowable location in the H zoned area and St. Mary's parochial school is within SOO feet. Central Park (Bailey and Washington) is also within 250 feet of property eligible for the location of adult businesses. Police records show that complaints of public drunkenness are more frequent in the areas around adult businesses where they aro also in close proximity to bars and taverns which are not "bonafide eating places." There may, therefore, be reason to separate adult businesses from businesses with certain types of on-sale alcoholic beverage permits issued by the Alcoholic Beverage Control Board. Churches, schools, and other public facilities are closed, much of the time and do not present the opportunities which the parks do. The peak use hours of adult businesses are evenings, when schools, churches, and most public facilities ar« closed.. Therefore, the -13- effect on these uses would naturally be less than on uses which were all day uses, such as parks, or which, like residences, have evening and weekend "peak use" or enjoyment times. For these reasons, it may be in the community interest to require separation between adult businesses and parks. Fiv« hundred feet should be considered a minimum separation, as this distance can be easily walked in less than five minutes. A thousand feet would require an individual to purposely set out to walk whereas 500 feet or under can be "wandered into." Based solely on the study of one adult business, located almost in the midst of a residential neighborhood (area 2), and its effect on that neighborhood, it would appear that a 500 ft. separation from residential areas is adequate so long as the adult businesses are separated from one another to avoid concentration. Adequate separation between adult businesses would also lessen the visual or aesthetic impact of concentrations such as businesses caused by their usual garish colors and flashing signs. In addition to adult businesses, the Detroit ordinance included, when originally adopted as a skid row ordinance in 1962, as "regu- lated uses," Group "0" cabaret, establishments Cor the sale of beer or intoxicating liquor for consumption on the premises, hotels or motels, pawnshops, pool or billiard halls, public lodging houses, secondhand stores, shoeshine parlors, and taxi dance halls. Adult bookstores and adult theaters were added to this ordinance in 1972. The Group "O" cabaret mentioned above is a topless or nude cabaret. .Cabarets in the City, of Whittier are currently regulated through a permit processed through the City Council. Other establish- ments for on-premise consumption of alcoholic beverages are currently regulated through the conditional use permit process. Pool or billiard halls, secondhand stores, and pawn shops, are permitted r -14- uses in the C-2 zones and by themselves present no evidence of any deleterious effect on adjacent properties. Shoeshine parlors and taxi dance halls are more or less unique to the skid row areas of the large cities and do not exist in Whittier nor arc they expected to. None of these uses are inherently attracted to one another, but all seem to be common to skid row areas. The skid row aspect of the Detroit ordinance has no bearing on Whittier's situation and staff cannot substantiate the need for any further regulation of those uses which are not classified as adult businesses. In some areas, adult only motels and hotels have been established, featuring closed circuit TV showing pornographic movies as well as providing other "services," similar to the adult businesses discussed above. Staff feels that the likelihood of this type of business occurring in Whittior is not too great as these are more prevalent in areas of high transient traffic. Rather than attempt to define .such a use in anticipation of its occurring, the proposed definition of adult businesses should provide adequate control over such a use. De fini tions Defining an "adult business" is difficult, particularly when trying to separate them from other uses with similar names. The current urgency ordinance uses as its base, the definitions which appear in the Detroit ordinance with minor modifications. The key to the Detroit .definitions is the "specified anatomical areas" and "sexual activities." However, such terminology is not immediately applicable to such uses as modeling studios, massage parlors, body painting studios, escort service, rap centers, and similar uses which utilize live humans for providing services. These uses differ from theaters and bookstores in. that the latter uses reproductions of humans and the "specified anatomical areas" can be easily applied. ,^a^w.'. * ~" 1. J ™ '"**•*" In defining individual adult businesses, the following have been used: "Adult Book Store" shall mean an establishment having as a sub- stantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activity or specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. "Adult Business" shall mean and include an adult book store, adult theater, massage parlor, or modeling studio. "Adult Theater" shall mean a theater which presents live .**•».. _^ entertainment or motion pictures or slide photographs, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activity, or specified anatomical areas. "Massage Parlor" shall mean an establishment or business which is required to be licensed pursuant to Section 62QO et seq of the Whittier Hunicipal Code. "Material" shall mean, and include, but not be limited to, books, magazines, photographs, prints, drawings, or paintings, motion pictures, and pamphlets, or any combination thereof. "Adult Modeling Studio" shall mean an establishment or business which provides the services of modeling for the purpose of re- '•-•-•-' producing the human body wholly or partially in Che nude by means r -16- of photography, painting, sketching, drawing, or otherwise. "Specified Anatomical Areas* shall mean: (a) leas than completely and opaquely covered: (i) human genitals, pubic region; (ii) buttock, and (iii) female breast bolow a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified Sexual Activities" shall mean °(a) human genitals in a state of sexual stimulation or arousal; and/or (b) acts of human masturbation, sexual stimulation or arousal; and/or (c) fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. In the Detroit case, the phrase "distinguished or characterized by an emphasis on matter depicting..." was attached as vague. But. since there was no question in the Detroit case as to whether the material was "distinguished or characterized by an emphasis on matter depicting," the court did not rule on the vagueness of such a defin- ition. A similar vagueness is found in the definition of adult bookstore where the phrase reads, "an establishment with a segment or section devoted to the sale or display of such material." The City's urgency ordinance narrows the vagueness some by using the phrase, "substantial or significant portion of its stock in trade... depicting...." Such words as substantial, significant, distinguished by, segment and section usually require the courts to provide the narrowing. A number of cities define adult businesses as: -17- "...any business which is conducted exclusively fo,r the patronage of adults, from the premises of which minors are specifically excluded, either by law or by the operation of such bus iness. " Such a definition will generally encompass any use which the City is attempting to regulate and gets around the touchy question of content of material, relying on existing State and local regulations. These regulations are briefly discussed below. The Uhittier Municipal Code. Section 6288, prohibits giving a massage to or admitting any person under 18 years of age into a massage parlor unless parent or guardian has consented thereto in wri ting. Minors are currently excluded specifically from adult bookstores and adult theaters by Section 313.1 of the Penal Code of the State of California because of the "harmful" content of the material available. Section 309 of the Penal Code prohibits admitting minors into places of prostitution, but the law does not prohibit admitting a minor to view the physical body and photograph it for his own use. In this case, the exclusion is imposed by the management of the busi- ness who is not required by law to do so but does so out of fear of the possibility of being found guilty of contributing to the de- linquency of a minor pursuant to Section 272 of the Penal Code. The difficulty at this point in time with a general definition is that litigation is still pending on one such ordinance whereas the court has sanctioned, though on a 5 - A vote, the definitions contained in the Detroit ordinance. The two types of definitions can, however, be used together. The severability clause (Section 9105) of the zoning regulations would protect one definition if the other was ruled against by the court. -18- If the courts should rule in favor of the general definition, then the ordinance is that much stronger and accomplishes the overall goal of regulating existing and future adult business uses and elim- inates the need for defining every possible business which might be conjured up. Control Assuming the dispersion approach is the most acceptable, two methods are available as alternatives to determining where adult businesses can be located. The first is to permit them by right in given zones, with the locational criteria. The second is to require approval through a permit process of some kind. The conditional use permit is the only tool available to the City for this type of control. .„,,*, By allowing the use to be established by right, the City re- '**•»•*' linquishes control over the use other than through enforcement of criteria which might be established. Such regulation fails to take into account special circumstances relative to a specific location, on which adult businesses might have impact. The conditional use permit process allows staff and Planning Commission to review each request and requires the applicant to show that the use will not have an adverse impact on the area and that there is a demonstrated need for the use at that location. The question remaining then is which zone is appropriate. Being a commercial use, an adult business would be limited to one of the C zones or the M zone. The C-0 zone is intended for offices and uses which service offices or employees of office type uses, such as beauty and barber shops. The C-0 zone, as well as the C-l zone, act somewhat as transitional or buffer zones, often separating heavier C-2 zones from residential zones and allowing residential uses as -19- j#ee®b, as well. Adult businesses In the C-O and C-i zones would not be "«•»»*•• able to meet any reasonable separation criteria. Tho C-2 zones, though often separated from residential districts by C-O and C-l zones are not ideal either because of their proximity to residential uses and the shallow depths of most C-2 zoning which makes meeting separation criteria difficult. The courts have said that restrictions on a legal business cannot be such that the effect is elimination or prohibition of such uses. First permitting adult businesses in the C-2 zone would provide reasonable flexibility through the conditional use permit process for the approval of a limited number of adult businesses in several areas of the City. Abatement of Honconforming Uses It is quite obvious that any requirement for separation from residential areas and between businesses will have the effect of /*9SlS*'**. W making all of existing adult businesses, with the exception of the theater Uptown, nonconforming uses, subject to abatement. The courts have held that reasonable time must be given in the amortization of nonconforming uses. Such time limits must com- mensurate with investment involved and based on the nature of the use. The improvement made to structures in which existing adult businesses are located were basically partitioning and signs. The valuation listed on the permits ranged from (total of all permits on property) $1,000 to $12,450, averaging $1,105 per adult business. Three locations apparently had no modifications which required building permits. The permit fees amounted to a total of $572.95, averaging $47.75 per business. One case of high.valuation and permits resulted from the repair to a structure after extensive -20- fire damage. These amounts are not. in staff's opinion, significant investments for the use, and on the high rate of return on adult business investments any costs should have been amortized several times. The courts in 1974 upheld an 18-Month amortization of a use declared a public nuisance, where users had no investment in any permanent improvements on the property and where users had adequate time to make plans to move and where there was substantial evidence that there was adequate properties favorably zoned in the county which could be used to locate the business. A reasonable amortization should not be less than 16 months nor need be longer than two or three years. Where the conformity only requires a change in the stock in trade, such as books or a change ..,«. in the material presented as in « theater, the amortization period '***»>'' can be shorter. The proposed ordinance would provide 90 days in this case. Conclusion The information obtained and reviewed during the conduct of this study has definitely shown that concentration of adult businesses in the City of Whittier have had an adverse impact on the adjacent neighborhoods. The Increases in crime and residential occupancy turnover are two of the key indications of neighborhoods beginning to decline and deteriorate. The City's Intent in regulating such businesses is to prevent them from causing deterioration in adjacent neighborhoods. Assuming that such regulation, now pending is timel- that is, not too late, some of the more physical evidences of deterioration are not blatantly evident. However, experiences of c municipalities and of Individuals support the impact of prolonged **;•-.,concentration of such businesses. r -21- Inasmuch as the courts have prevented the outright prohibition of adult businesses, regulation is the only control left to the cities. It is evident from the study that individual, isolated businesses do not have nearly as great an Impact as concentrations. Therefore, the dispersion of adult business in certain areas oC the City is the most appropriate form of regulation, using the conditional use permit process to review each application. The Supreme Court has upheld 1,000 foot and 5OO foot separations in the Detroit case. These separations are adequate for Whittier's situation. In certain circumstances, lesser separation would accomplish the same end, but structuring an ordinance with specific areas complicates its enforcement. The effect of such separation would make portions of the industrial areas and shopping centers eligible locations for adult businesses, subject to conditional use permit approval. All of the existing locations of adult businesses would become nonconforming under the provision of the proposed ordinance and required to conform within the prescribed abatement periods. Recommendation Staff recommends that the Planning Commission recommend that the City Council find that the regulation of adult businesses is required for the preservation of the integrity of existing commercial area and residential areas in close proximity thereto and is in the public interest and would promote the general welfare of the community and that the attached draft ordinance regulating such businesses be adopted. (Considered by Uhittier City Planning Commission. January 9. 197B Whlttler City Council January 2A, 1978) 20 A METHODOLOGICAL CRITIQUE OF THE LINZ-PAUL REPORT: A REPORT TO THE SAN DIEGO CITY ATTORNEY s OFFICE Richard McCIeary, Ph.D. James W. Meeker, J.D., Ph.D. March 21,2003 Antonio One, B.A., Christopher Hernandez, and James A. Chiampi provided research assistance for this report, including library searches and data management. COPY Table of Contents I. Introduction 1 A. Overview of the Methodological Flaws in the Linz-Paul Report 1 B. Outline of Our Report 5 II. Measurement Problems in the Linz-Paul Report 8 A. The Fatal Flaw: CFSs Do Not Measure Crime 9 B. CFS Addresses Are Not "Crime Event Addresses 13 C. "Raw CFSs Ignore Crucial Differences in Public Safety Risk 15 D. Burglary CFSs Illustrate the Threats to Validity 18 E. "Crime in the 2-6 AM Period 19 III. The Linz-Paul Statistical Analyses 22 A. Statistical Power 22 B Why Is the Power so Low in the Linz-Paul Report? 27 IV. Design Issues 28 A. How Linz and Paul Chose Peep-Show and Control Areas 30 B. How Peep-Show and Control Areas Should Have Been Selected 32 C. "Fishing in the Linz-Paul Report 34 V. Summary and Conclusions 36 A. The Daubert Standards 39 Appendix: Technical Details of the Linz-Paul Dataset 42 Tables and Figures Table HA Regression of CFSs on Population and Crime Table IIB CFSs by Final Disposition Table IIC CFSs by Incident-Type Table IID Burglary CFSs by Source and Disposition Figure II Crime-CFS-Response Timeline Figure HIA False-positive and False-negative Rates Figure IIIB False-negative Rates for the Linz-Paul Report Figure IVA The Linz-Paul Experimental and Control Areas Figure IVB Distribution of CFSs Across the Areas Table JVC Designs of Three Secondary Effect Studies Figure A1 Locations of the 19 Peep-Shows Figure A2 "The Crypt, 4094 30th Street Figure A3 Overlapping Peep-Show Sites (Central) Figure A4 Overlapping Peep-Show Sites (Balboa Ave) 12 16 17 19 20 24 26 30 31 35 43 45 46 47 I. Introduction The expert witness report by Linz and Paul1 analyzes a small subset of calls-for- service (CFSs) made to the San Diego Police Department (SDPD) during 1997-2001. Based on analyses of these data, Linz and Paul find: (1) That "crime levels at and around 19 peep-shows are no higher than "crime levels in comparable areas of San Diego; and (2) That the "amounts of crime occurring between 2 AM and 6 AM in San Diego are not higher than the amounts occurring in other 4-hour periods. Based on these findings, Linz and Paul conclude that the City of San Diego has no valid public safety rationale for regulating any aspect of peep-shows, much less for regulating the hours in which peep-shows can operate. To assess the validity of the Reports findings and conclusions, we have read the Linz-Paul Report and other relevant literature. We have reanalyzed the original data and analyzed auxiliary data. Based on our readings, on our analyses, and on our experience in this field, it is our opinion that the Linz-Paul Report s methodology fails to meet the standards of scientific rigor mandated by Daubert.2 Accordingly, the Reports findings and conclusions are invalid and should be inadmissible under Rule 104(a). I.A. Overview of the Methodological Flaws in the Linz-Paul Report The shortcomings of the Linz-Paul Report span all three elements of scientific 'Daniel Linz, Ph.D. and Bryant Paul, M.A. A Secondary Effects Study Relating to Hours of Operation of Peep Show Establishments in San Diego, California. September 1st, 2002. In the text, we will refer to this report as "the Linz-Paul Report, as "Linz and Paul, or as "the San Diego study. 2 Daubert v Merrell Dow Pharmaceuticals 509 US 579 (1993). Hereafter we refer to this U.S. Supreme Court decision as "Daubert. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 2 method (or "methodology ), including (1) the measures of public safety collected for the study; (2) the statistical models used to analyze the public safety measures; and (3) the quasi-experimental design used to interpret the analytic results. This ordering reflects the relative seriousness of the methodological flaws. Some flaws are fatal in that they invalidate all of the Report s findings. While not necessarily fatal, other flaws invalidate specific findings. (1) Measurement problems. The most serious flaws by far involve the use of CFSs to measure public safety risk. There is virtually no precedent in the criminology literature generally or in the secondary effects literature specifically for using CFSs to measure crime. A review of national criminology journals over the last three years, for example, finds not even one published article where CFSs are used to measure crime. A review of more than a dozen unpublished secondary effects studies, including those by the authors of the San Diego study, leads to the same conclusion.3 Every study that we have reviewed, whether published or unpublished, has used Uniform Crime Reports (UCRs) to measure public safety risk. Like all California police departments, moreover, the SDPD collects and disseminates UCRs. Since CFSs do not measure crime, and since all of Linz-Paul Report s findings and conclusions are couched in terms of crime, this flaw invalidates all of the Reports findings 3 This includes prior reports by Linz and Paul. E.g., in a 2001 report on adult businesses in Ft. Wayne, IN Linz and Paul use arrests to measure crime. Their rationale for using arrests: "Only those incidents for which arrests were made and not based on unfounded charges were included in the study. (Measurement of Negative Secondary Effects Surrounding Exotic Dance Nightclubs in Fort Wayne, Indiana, p.14). Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 3 and conclusions. Although one need go no further, corollary methodological flaws, involving mistaken assumptions about CFSs, invalidate specific conclusions. These include: (1) Assuming that CFS addresses are the locations of crimes; (2) Assuming that the precipitating incident and CFS occur simultaneously; (3) Assuming that CFSs pose identical public safety risks; But in fact, each of these assumptions is mistaken. The CFS data obtained by Linz and Paul from the SDPD are insufficient to specify the locations, times, or natures of the precipitating incidents ("crimes ). In detail, (1) The address recorded on a CFS is the callers address. If X calls the SDPD to complain about a disturbance at Y s house, for example, the address on the CFS belongs to X. (2) The time recorded on a CFS is the time that the SDPD received the call. Nearly 40 percent of the CFSs in the Linz-Paul dataset were precipitated by property crimes, primarily burglary and auto theft. These crimes are often discovered and reported hours (or even days) after they occur. (3) Nearly half of the CFSs in the Linz-Paul dataset posed no public safety threat at all (because they were unfounded, cancelled, duplicated, false alarms, etc.). Of the 20 percent that were precipitated by "crimes, public safety risk ranged from low (e.g., vehicle recovery) to high (e.g., crime-in-progress). The raw, total CFS index used by Linz and Paul treated all of these CFSs equally. These incorrect assumptions invalidate (1) the Linz-Paul Reports "hot-spot findings; (2) Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 4 the findings about "crime in the 2-6 AM period; and indeed, (3) all other findings. (2) Statistical problems. If one could ignore the fatal methodological flaws posed by the use of CFSs to measure "crime, the manner in which these data were analyzed poses another fatal methodological flaw. Although a superficial reading of the Linz-Paul Report leaves the impression that the peep-show and control areas generated equal numbers of CFSs, a more careful reading reveals that the peep-show areas generated 15.7 percent more CFSs than the control areas. Noting that this difference is "statistically nonsignificant, Linz and Paul conclude that the peep-shows generate no more CFSs than other businesses. The Report fails to disclose that the probability associated with this conclusion is only 50 percent. This means that the Linz-Paul statistical analyses have roughly the same validity as a coin-flip. (3) Design problems. The problems of statistical analysis reflect fundamental shortcomings of the Linz-Paul Report s "quasi-experimental design. Compared to other secondary effects studies, the quasi-experimental design of the San Diego study is idiosyncratic in at least two respects: (1) Whereas virtually all prior studies look for secondary effects in circular areas around a peep-show, the San Diego study confines the search to a strip on either side of a peep-show but on the same street. (2) Whereas virtually all prior studies use comparable businesses or areas for controls, the San Diego study uses contiguous strips of addresses. Perse, these design idiosyncracies pose serious threats to the internal validity the Linz- Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. PageS Paul Report s conclusions. But worse, the joint debut of so many design innovations raises the specter of "fishing. In the jargon of scientific research, "fishing refers to the practice of replicating a study several times. With just a few variations in measurements, statistical models, and quasi-experimental designs, a cynical researcher can capitalize on chance to produce any desired result. "Fishing need not imply dishonesty or cynicism. On the contrary, scientific method recognizes that "fishing can occur without the researcher s intent or awareness. In experimental research, science controls "fishing by means of explicit design structures, including placebos, blinding, etc. In quasi-experimental research, where these structures cannot be used, "fishing is controlled by means of rigidly enforced design conventions. Departures from convention must be explained and justified. It they are not explained, the critical scientific reader must assume that findings and conclusions are an artifact of "fishing. I.B. Outline of Our Report The goal of this report is to explicate the methods used in the Linz-Paul Report, including measurement, data analysis, and quasi-experimental design. Our explication will demonstrate that the Linz-Paul Report s methods do not meet current standards of validity as the standards apply to social science generally and criminology specifically. By implication, the Linz-Paul Reports methods also fail the standards mandated by Daubert. With respect to Daubert, shortcomings in any of the three methodological areas is sufficient to invalidate the Linz-Paul Reports findings and conclusions. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 6 The salient methodological flaw in the Linz-Paul Report is the use of total, raw CFSs to measure "crime. The correlation between CFSs and conventional measures of crime is exceptionally weak. In Section II, we demonstrate this fact by estimating the correlation between San Diego s 2001 Uniform Crime Reports (UCRs) and CFSs for the SDPD s 103 neighborhood beats. The small estimated correlation suggests that 90 percent of the variance in CFSs is due to factors other than crime. This is only one reason why criminologists do not use CFSs to measure crime. What do criminologists use to measure crime? Crime itself. After demonstrating the weak CFS-crime correlation, we detail methodological problems posed by the Linz-Paul Reports misuse of CFSs. Because the addresses assigned to CFSs record the location of complainants, for example, CFSs cannot be used to analyze "hot spots. The Reports conclusion that the number of CFSs to 19 peep-show addresses is lower than the number of CFSs to other addresses, thus, says nothing about the public safety risks of these businesses. Likewise, because CFSs and their precipitating incidents ("crimes ) are not simultaneous events, the temporal distribution of CFSs says little about the temporal distribution of public safety risk (or even, the demand for police service) in San Diego. An incident that occurs at noon, for example, may result in a CFS at 4 AM. The Linz-Paul Report s conclusion that crime is lower during the 2-6 AM period is invalidated by the weak temporal relationship between precipitating incidents and CFSs. Finally, all of the Linz-Paul Report s conclusions are based on analyses of raw, total Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 7 CFSs. Raw CFSs ignore germane differences in the precipitating incidents and outcomes. Only 20 percent of the CFSs analyzed by Linz and Paul resulted in a crime report or an arrest, for example, while another 20 percent were cancelled, duplicated, or unfounded. This methodological problem is aggravated when raw CFSs are counted for a summary index. A CFS precipitated by an armed-robbery-in-progress and a CFS precipitated by a loud party are very different things. Counting them as two equivalent CFSs, as the Linz- Paul Report does, invalidates any conclusions about public safety secondary effects. In Section III, we address the idiosyncratic statistical models used in the Linz-Paul Report to analyze CFSs. The most salient statistical problem arises when the Report concludes that areas around the 19 peep-shows and comparable control areas have the same number of CFSs. Now in fact, Linz and Paul find that peep-show areas generate 15.7 percent more CFSs than control areas; but they claim that the difference is "statistically nonsignificant. Though quoting Daubert on the importance of an "error rate, Linz and Paul fail to report an error rate for the statistical test underlying their conclusion. In fact, the error rate for their test is approximately 50 percent. Having the same validity as a coin-flip, the Linz-Paul Report s conclusions are "much ado about nothing. The statistical problem described in Section III is a function of the study s quasi- experimental design which, in many important respects, is unique. It is unprecedented in both the published criminology literature and in the unpublished secondary effects literature. In Section IV, we describe the relevant design idiosyncracies and discuss the problem of "fishing. When a design can be picked from even a modest menu of options, the Richard McCleary, Ph.D. James W. Meeker, J.O., Ph.D. Page 8 "significance or "nonsignificance of a finding is meaningless. The sheer number of design idiosyncracies in the Linz-Paul Report are sufficient to invalidate the Reports conclusions. In the concluding Section V, we summarize and explain how the methodological criticisms relate to the Daubert standards. Problems of measurement (Section II), data analysis (Section III), and design (Section IV) are sufficient to invalidate any and all of the Reports findings and conclusions. II. Measurement Problems in the Linz-Paul Report Measurement is the sine qua non of science. If public safety risk (or crime) cannot be measured adequately, it cannot be studied scientifically. The adequacy of a measurement is summed up in the properties of reliability and validity.4 To illustrate reliability, Linz and Paul counted 2,551 CFSs to University Avenue addresses within 2000 feet of Midnite Books Hillcrest.5 A recount would probably not yield the same number because even simple counts vary randomly.6 If the count-recount difference is reasonably small and random, however, the measurement is reliable and adequate for scientific research. W hen measurement errors are nonrandom, on the other hand, they cannot be 4 For definitions, see H.M. Blalock s Measurement and Conceptualization in the Social Sciences (Sage, 1982). See also Quasi-Experimentation: Design and Analysis Issues for Field Settings by T.D. Cook and D.T. Campbell (Houghton-Mifflin, 1979). Cook and Campbell discuss reliability and validity of measurement under the concept of "construct validity. 5 Linz and Paul, Table 1, p. 20. 6 In his classic On the accuracy of economic observations, 2nd Edition (Princeton: Princeton University Press, 1 965), Nobel laureate O. Morgenstern expressed this idea as "Incipit numerare, incipit errare!. Begin to count, begin to make mistakes! Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 9 "averaged out. They accumulate into biases. The property of validity is associated with nonrandom measurement errors. In general, the reliability of a measurement can be increased by design or by statistical adjustment. The validity of a measurement is fixed and cannot be increased. The validity of crime measurements depends generally on three factors: (1) The particular crime incidents that are counted (or not counted); (2) The method used to count crime incidents; and (3) The manner in which crime incidents are aggregated into a composite index Linz and Paul use a subset of raw police CFSs to measure crime. This idiosyncratic choice of measures has no precedent and per se invalidates their conclusions. HA. The Fatal Flaw: CFSs Do Not Measure Crime Throughout their Report, Linz and Paul speak of "CFSs and "crimes as if these two terms were synonymous. For example, in describing their methodology: The calls for service were then plotted using a computerized mapping program. All calls were plotted based on the longitude and latitude co- ordinates provided by the city s crime analyst. Comparisons of the number of crime incidents were then made for the inner and outer areas. Comparisons were also made for the number of crime incidents occurring between the hours of 2 a.m. and 6 a.m. and those occurring throughout the entire 24 hours of the day/ Again, we had requested the city to produce data for all service calls for alleged crimes occurring within the specified areas. The City informed us that its CAD database was the only place it kept track of service calls for 7 Linz and Paul, p. 10, lines 3-8. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 10 crimes by category, and it was giving us all of the data for all the crime service-calls kept in its CAD database.8 In reporting their results, Linz and Paul continue to use "CFSs and "crimes interchangeably. For example: ... the amount of crime within the inner and outer areas is nearly identical. For 10 of the peep show locations, crime incidents are higher in the inner 1000-foot areas than in the outer areas. For nine of the locations, crime is lower in the inner areas compared to the outer areas.9 ... criminal activity is not disproportionately greater in the areas surrounding the peep show establishments during these hours. In fact, the study data shows that criminal activity at peep show establishments in San Diego is proportionately less during the 2 a.m. to 6 a.m. time period.10 The salient fatal flaw in the Linz-Paul Report is that "CFSs and "crimes (or crime-like incidents) are not strongly correlated. One reason for the weak CFS-crime correlation is that CFSs exclude crimes that are discovered through internal channels. Excluded crimes include: Crimes discovered through routine patrolling; Crimes discovered through directed (or proactive) patrolling; Crimes discovered by specialized unit activity. Another reason for the weak CFS-crime correlation is that CFSs include calls that are not really crime incidents. These include: 8 Linz and Paul, p. 11, lines 18-22. 9 Linz and Paul, p. 14, lines 10-12. 10 Linz and Paul, p. 16, lines 20-22. Richard McCleary, Ph.D. James W. Meeker, J.O., Ph.D. Page 11 Duplicate and cancelled CFSs, CFSs precipitated by false alarms;" "All Units CFSs. In fact, as we demonstrate below, most of the 607,903 CFSs analyzed for the Linz-Paul Report fall into this category; less than 20 percent of the CFSs were precipitated by crime incidents. It is no surprise then, that in San Diego, as in most large urban areas, CFSs and crimes are only weakly correlated. Given its nominal purpose to determine whether peep-shows have criminogenic properties the Linz-Paul Report should have analyzed crimes, not raw CFSs. The vast criminology literature has not even one precedent for using raw CFSs to measure crime. Criminologists invariably measure crime with Uniform Crime Reports (UCRs) or sample surveys of victims.12 The smaller, unpublished secondary effects literature has also typically used UCRs or analogous crime statistics.13 This is not to say that CFSs are not a 11 Alarm-initiated CFSs in the Linz-Paul dataset have "FINAL_TYPE. values ending in "A. Most of the alarm-initiated CFSs in the data set are precipitated by robberies (211 A) or burglaries (459A). Assuming that valid alarm-initiated CFSs result in an arrest, a report, or a recovery, the false alarm rates for burglary and robbery were 99.1 and 98.6 percent respectively. We return to this issue in Section IID below. 12 See, e.g., Measuring Crime (D.L. MacKenzie, P.J. Baunach, and R.R. Roberg, State University of New York Press, 1990). The criminological literature is consistent on this point. A search of four national criminology journals (Justice Quarterly, Criminology, Criminal Law and Criminology, and Journal of Quantitative Criminology) for the last three years found not one study that used CFSs to measure crime. 13 This includes studies conducted by Linz and Paul (e.g., Measurement of Negative Secondary Effects Surrounding Exotic Dance Nightclubs in Fort Wayne, Indiana, February 13, 2001) or others at their commission (e.g., Are Adult Dance Clubs Associated with Increases in c Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 12 useful statistic. On the contrary, all urban police departments, including the SDPD, collect these data for use in budgeting.14 But no police department uses CFSs to measure crime or public safety. Criminologists and police departments alike use crime to measure crime. TABLE HA - REGRESSION OF CFSs ON POPULATION AND CRIME Variable Constant Population Part I UCR Violent Crimes Constant Population Part I UCR Property Crimes Weight 281.55 26.16 7.68 t 1.15 3.27 4.38 r 22,99 16.03 926.47 1.09 64.95 2.11 7.34 6.98 8.19 uioC9Q San Diego s 2001 UCRs demonstrate the inadequacy of CFSs as a measure of crime. The SDPD publishes Part I UCRs by 103 beats (or neighborhoods). We Crime in Surrounding Areas? A Secondary Crime Effects Study in Charlotte, North Carolina by K.C. Land, J.R. Williams, and M.E. Ezell). The Fort Wayne study uses arrests; the Charlotte study uses crimes. An apparent exception are "reports that list CFSs to liquor license addresses (e.g., A Study of CFSs to Adult Entertainment Establishments which Serve Alcoholic Beverages by Capt. Ron Fuller and Lt. Sue Miller, Fulton County, G A Police Dept., June 13*, 1997). CFSs are traditionally used in liquor license reviews. The "report is nothing more than a computer print-out, however. These valid uses of CFSs are discussed in undergraduate policing texts. See, e.g., Police Administration by O.W. Wilson and R. McLaren (McGraw-Hill, 1978); Police and Society by R.R. Roberg, J. Crank and J. Kuykendall, (Wadsworth, 1999) or Police Administration by C. Swanson, L. Territo, and R. Taylor (Macmillan, 1993). All of these texts make the same points that we make about CFSs. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 13 downloaded these data from the SDPD web site and used them as independent (or explanatory) variables in two multiple regression models. The regressions, reported in Table IIA, were then used to estimate the correlation between CFSs and crimes. In the first model, the CFSs corresponding to Part I UCR "violent crimes (homicide, robbery, rape, and assault) were regressed on the actual numbers of UCR crimes recorded for the beats in 2001, the beats 2001 population, and dichotomous indicator variables for each of the 22 SDPD districts. The second model was identical except that Part I UCR "property crimes (auto theft, larceny, and burglary) were used. The parameter estimates in Table IIA show that, for both "violent and "property crimes, CFSs and Part I UCRs are correlated. This is expected because, after all, most crimes result in CFSs though not wee versa. For those readers who are not familiar with crime statistics, however, the magnitude of the correlation may come as a surprise (or as a shock). Specifically For "violent crimes, the CFS-UCR correlation (.249) means that only 6.2 percent of the variance in CFSs among beats is explained by crime; 93.8 percent is due to factors unrelated to crime. For "property crimes, the CFS-UCR correlation (.294) means that only 8.6 percent of the variance in CFSs among beats is explained by crime; 91.4 percent is due to factors unrelated to crime. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 14 This is only one reason why criminologists do not use CFSs to measure crime.15 Linz and Paul ignore this dictum and, as a result, their conclusions are invalid. H.B. CFS Addresses Are Not "Crime Event Addresses Using CFSs to measure crime is per se a fatal flaw. But suppose that Linz and Paul had somehow been able to select out the minority of the 607,903 CFSs in their database that were precipitated by a crime; and that they had also been able to include crimes that were discovered without CFSs . Even then, many of their specific findings would be invalidated by assumptions that they make about CFSs. The most egregious example concerns their analysis of "hotspots. ... we conducted an additional "hotspot analysis. This analysis would allow us to pinpoint the exact source of the crimes. The analyses The analyses commenced by looking at the ten "inner areas where there was a greater amount of crime than in the control "outer areas. Within each of these ten inner areas, we then identified the 15 street addresses that had the greatest individual number of calls for service. We reasoned that if the primary source of crime events is the peep show establishment, the street address for that business should appear at the top of this list as the highest- ranking "hotspot. f6 The fallacy in this reasoning is that the address recorded on a CFS is not necessarily the location of the precipitating incident.17 The CFS address tells the patrol unit where to find 15 Another reason is that CFSs are not standardized or uniform across police departments or even across precincts in the same department. See our footnote 18 below. 16 Linz and Paul, p. 15, lines 6-12. 17 Linz and Paul obtained their dataset from the SDPD. See pp. 10-12 of their Report fora description. We obtained a copy of the dataset from the same source. See our Appendix. The dataset consists of 607,903 CFS records, each with 14 variables. Eight of the 14 variables provide a location (cross-street, address, co-ordinates, etc.) for the CFS. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 15 the caller. If X calls the SDPD to complain about a disturbance at Y s house, in a majority of cases, the CFS goes to X s address. By the Linz-Paul logic, however, the "crime event occurred at X s address. If the proprietor of an business is familiar with this geo-coding convention, CFSs can be manipulated to make the business look more or less in need of police service or regulation. To build a case for more police services, the proprietor can complain to the police about problems that might otherwise be handled informally. Or to hide a public safety hazard, on the other hand, the proprietor can handle many problems informally, thereby recording fewer CFSs and making the business seem safer than it actually is. This is why criminologists do not use CFSs for "hotspot analyses.18 II.C. "Raw CFSs Ignore Crucial Differences in Public Safety Risk Assuming Linz and Paul were somehow able to select out those CFSs that were precipitated by a crime or crime-like incident and that had valid addresses, specific findings would be invalidated by another false assumption about CFSs. Linz and Paul analyze raw total CFS and this assumes that all CFSs are equal or interchangeable. In fact, however, CFSs differ in their underlying public safety risks. Two variables in the Linz-Paul dataset are relevant to this concern. Table I IB reports the final "dispositions (or outcomes) of the 607,903 CFSs 18 For another reason, see our "Uniform Crime Reports as organizational outcomes. (Social Problems, 1982, 29:361-372.). In this article, we showthata simple personnel change in an urban police department resulted in a thirty percent reduction in CFSs. o Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 16 analyzed by Linz and Paul.19 As shown, only one in five was cleared by arrest or report, indicating that the CFS was precipitated by a crime or crime-like incident. An equal proportion turned out to be unfounded, duplicated, or cancelled, indicating that the CFS was not precipitated by a crime. Finally, three in five CFSs the majority were disposed of with no report. Lacking a report, we can only speculate on the nature of these CFSs. But it is highly unlikely that these CFSs were precipitated by crimes or crime-like incidents.20 TABLE HB - CFSs BY FINAL DISPOSITION Frequency Percent No Report Filed Other or Unknown 332,014 52,196 54.8 8.3 use Table (1C reports the type (or precipitating incident) of the 607,903 CFSs analyzed in the Linz-Paul Report.21 CFS-types are listed by relative frequency. The most common precipitating incident is disturbing the peace, which accounts for 43.2 percent of all CFSs, 19 This variable is called "DISPO R in the Linz-Paul dataset. 20 When a CFS ends without a report, the responding patrol unit could not locate a victim, a complainant, or an informant. With obvious exceptions, one assumes that these CFSs were not precipitated by unique crimes or crime-like incidents. An "All Units CFS illustrates this situation. These CFSs instruct patrol units to watch for a suspect or vehicle. Strictly speaking, Linz and Paul should have analyzed only those CFSs that ended in an arrest or report. 21 This variable is called "FINAL TYPE in the Linz-Paul dataset. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 17 followed closely by Part I UCR "property (37. 7 percent) and "violent (8.4 percent) crimes. The least common crimes are prostitution and child molestation, which account for only 0.5 percent of the total. Although judgements of seriousness involve subjectivity, the most serious CFSs involve Part I UCR "violent crime (8.4 percent of the total), shots fired at a house or car (1.3 percent), and DWIs (1.2 percent).22 TABLE IIC Disturbing the Peace 'ti^^i^^jjjjJI^R Vandalism Narcotics Activity Public Drunkenness Shots Fired at a Home or Auto Driving While Intoxicated Ambulance Call (Overdose) Indecent Exposure Prostitution Child Molestation - CFSs BY INCIDENT-TYPE Frequency 262,365 , " i' " " . . 19,974 11,489 10,368 7,962 7,023 2946 2636 1662 1491 Proportion 43.2 % BBHHO 3.3 % 1 .9 % 1 .7 % 1.3% 1 .2 % 0.5 % 0.4 % 0.3 % 0.2 % Aggregating CFSs without regard to disposition or type is akin to adding "apples and oranges. To be sure, an "unfounded CFS and an "arrest CFS sum to two CFSs. Likewise, a "robbery CFS and a "public drunkenness CFS sum to two CFSs. The totals uocoo 22 Although child molestation is a serious crime, we assume that these CFSs involve police officers accompanying Child Protective Services caseworkers on home visits. In California, molestation incidents are reported directly to Child Protective Services, so the CFS does not ordinarily indicate a response to a molestation incident per se. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 18 are noncomparable, however. Thus, when Linz and Paul conclude that: ... there is not only no indication of a disproportionately high number of crimes during that period, but substantially fewer crimes than would be expected.23 Their conclusion is meaningless. Depending on the mix of dispositions (unfounded, arrest, efc.) and types (violent crime, DW I, etc.) a rise or fall in total CFSs may be good or bad. No one knows. II.D. Burglary CFSs Illustrate the Threats to Validity UCR burglaries illustrate the most common threats to validity posed by equating CFSs and crime. As Table HA demonstrates, burglary CFSs and UCR burglaries have only a weak correlation. The weak correlation is due in part to the fact that only a small of burglaries are reported to the police.24 More important, however, most of the UCR burglaries reported to the SDPD are initiated by security alarms, virtually all of which turn out to be false alarms. The numbers and proportions reported in Table IID describe this phenomenon. As reported in Table IID, 46.1 percent of the 607,903 CFSs in the Linz-Paul dataset were precipitated by incidents that were initially classified as UCR crimes; of these, 52.5 percent were initially classified as UCR burglaries; 74.8 percent of these burglary CFSs were 23 Linz and Paul, p. 16, lines 16-17. 24 Biderman and Reiss (On exploring the 'dark figure of crime. The Annals of the American Society of Political and Social Science, 1967, 374:1-15) suggest that fewer than half of all U.S. burglaries are reported to the police. The exact figure for San Diego is unknown, of course. c Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 19 initiated by alarms; and 99.1 percent of these alarm-initiated burglary CFSs proved to be false alarms. Overall, 18.1 percent of the CFSs counted as "crimes in the Linz-Paul Report were, in fact, burglary false alarms.25 TABLE IID - BURGLARY CFSs BY SOURCE AND DISPOSITION UCR Crime? Burglary? Alarm Call? Frequency 279,987 147,127 110,111 % of Total 46.1 % 24.2% 18.1% •••-.• -; •. •• ; - • ^ ' The validity implications of Table IID should be obvious. CFSs initiated by false alarms pose a serious problem for the SDPD. Nevertheless, no one has claimed that peep- shows cause false alarms. Including these CFSs in a "crime index, as Linz and Paul do, makes it highly unlikely that a secondary effect will be found. II.E "Crime in the 2-6 AM Period The methodological flaws described in the preceding sections culminate in the Linz- Paul analyses of "crime during the 2-6 AM period. Comparing raw total CFSs during the 2-6 AM period with those made at other times, Linz and Paul conclude that: 25 Burglary CFSs not initiated by alarms were presumably initiated by calls from victims or witnesses. Non-alarm burglary CFSs, which accounted for 25.2 percent of all burglary CFSs, were slightly better. Only 64.5 percent were false. When CFSs initiated by UCR robberies are considered, the proportion of false-alarms in the Linz-Paul dataset rises to 21.9 percent of the total. (00, UOC8Q Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 20 On average, Table 3 shows only 11 percent of crime events are occurring in the "inner areas during the 2 a.m. to 6 a.m. period contrary to the expectation of 16.6 percent. This indicates that criminal activity is not disproportionately greater in the areas surrounding the peep show establishments during these hours. In fact, the study data shows that criminal activity at peep show establishments in San Diego is proportionately less during the 2 a.m. to 6 a.m. period.26 Since CFSs are a wholly invalid measure of "crime events or "criminal activity, this conclusion is a non sequitur. Ignoring the question of what CFSs measure, however, this conclusion assumes that the CFS and the precipitating incident (or crime) occur simultaneously. If this assumption is incorrect, the analyses of CFS-times reported by Linz and Paul are logically insufficient for their conclusion. Time- FIGURE HE - CRIME-CFS-RESPONSE TIMELINE Crime The hypothetical timeline in Figure HE illustrates the logical flaw. In this figure, a crime begins at time-A and ends at time-B; the SDPD receives a CFS at time-C. Since the Linz-Paul dataset includes only time-C, inferences about "crime during any period assumes that A, B, and C occur within a few minutes of each other. Although this 1 Linz and Paul, p. 16, lines 17-22. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 21 assumption may be warranted for some crimes, for most crimes, the assumption is unwarranted and incorrect. UCR property crimes, for example, which make up 37.7 percent of the CFSs in the Linz-Paul dataset (see Table IIC), are reported not when they occur, but when they are discovered. Most residential burglaries occur during the day, for example, when household residents are at work or school; they are reported when household residents return home. This is often hours later. The Linz-Paul Report s conclusion that there are "substantially fewer crimes during the 2-6 AM period assumes otherwise. Their conclusion is valid only if crimes and CFSs occur simultaneously. Even if crime were uniformly distributed across the 24-day, of course, there could still be a compelling pragmatic rationale for closing peep shows during the 2-6 AM period. First, policing is more difficult during night-time hours. Second, among all night-time hours, the hours immediately after bar-closings pose the greatest difficulty and danger for any police department.27 At the risk of over-simplification, as a practical matter, policing during the 2-6 AM period consists largely of shepherding bar patrons to their homes. Given the heightened traffic and crime mortality risks during these hours, this is an extremely difficult time for urban police departments generally and the SDPD in particular. Although this substantive issue is troublesome, the logical fallacy underlying the 27 See "Additional evidence that taverns enhance nearby crime by D. W. Roncek and M.A. Pravatiner (Social Science Research, 1989, 73:185-188). Analyzing crime not CFSs in San Diego, the authors demonstrate that the risk of violent crime victimization is more than four times higher in blocks with liquor licenses. The hours of greatest risk occur immediately before and shortly after closing-hour. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 22 Linz-Paul conclusion is even more difficult to understand. In effect, Linz and Paul examine "crime when peep shows are closed, and conclude that, because crime is not higher when peep shows are closed, there is no rationale for closing peep shows. Of course, the only empirically valid way to arrive at this conclusion would be to examine crime before and after the implementation of a closing-time regulation. III. The Linz-Paul Statistical Analyses To assess the criminogenic properties of the 19 peep-shows, Linz and Paul tabulate the number of total, raw CFSs at addresses within 1000 feet on either side of the peep- shows and the number in a 2000-foot "control segment. Ignoring questions about the way that Linz and Paul define "control segments, Linz and Paul assess the statistical significance of the difference with Mann-Whitney tests. This use of Mann-Whitney tests is unprecedented not only in the criminological literature generally but in the secondary effects literature specifically. There are two reasons why Mann-Whitney tests are not used in these literatures. First, the test requires unrealistic assumptions about the data.28 Second, the test has very low statistical power. III.A. Statistical Power A superficial reading of the Linz-Paul Report suggests that areas around the 19 peep-shows had the same number of CFSs as the control areas. But a more thorough 28 E.g., see pp. 259-264 of H.M. Blalock s Social Statistics, 2nd Revised Ed. (McGraw-Hill, 1979) or any other statistics text. The Mann-Whitney test is a non-parametric and hence, low power test that assumes independence. The CFS data analyzed by Linz and Paul are not independent either geographically or temporally. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 23 reading reveals that the peep-show areas generated 15.7 percent more CFSs than the control areas. Whereas any urban police department would consider a 15.7 percent difference in CFSs substantively significant, Linz and Paul claim that the difference is not statistically significant. They then argue that a ... statistically nonsignificant result and must be interpreted, as meaning thai there is no significant difference between these two averages an indication that the level of criminal activity for the inner area is equal to the level of criminal activity for the outer area.29 This conclusion reflects a basic misunderstanding of error rates in statistical tests. The Linz-Paul Report cites as a prerequisite for scientific validity the calculation of an "error rate. Specifically, The error rate is the degree of chance a scientist will allow. In the social sciences, it is conventional to set the error rate at five percent or less (i.e., 95 time out of 100 the results could not be obtained by chance).30 But there are two types of error rates in any scientific study. This passage of the Linz-Paul Report refers to the "false-positive error rate. The Report fails to mention the "false- negative error rate, however, and given its negative finding that peep-shows do not generate secondary effects this is an unfortunate oversight.31 29Linzand Paul, p. 15, lines 1-3. 30Linz and Paul, p. 6, lines 10-12. 31 In statistical hypothesis testing, a false positive is called a "Type I or "alpha-type error. A false negative is called a "Type II or "beta-type error. The terms "false positive and "false negative, which come from the field of public health screening, are widely used in popular discourse. We use the terms "false positive and "false negative for descriptive simplicity. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 24 FIGURE IIIA- FALSE-POSITIVES AND FALSE-NEGATIVES Figure IIIA illustrates the relationship between false-positives and false-negatives. The research question "Do peep-shows generate more CFSs than other businesses? has two possible answers, "Yes or "No. The data will support one of the two answers.32 But since data vary from sample to sample, the data can point to the wrong answer. Incorrect decisions (or errors) are painted red in Figure IIIA; correct decisions are painted blue. In practice, of course, the scientist never knows for certain whether his or her answer is correct. But for didactic purposes, assume that the correct answer is known. If "Yes turns out to be wrong, the answer is a false-positive. If "No is wrong, the answer is a false- 32 I.e., by accepting or rejecting the null hypothesis. The null hypothesis ("No, peep-shows do not generate more CFSs. ) and the alternative hypothesis ("Yes, peep-shows do generate more CFSs. ) are labeled H0 and HA in Figure IIIA. uo Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 25 negative. The conventional false-positive and false-negative rates are 5 and 20 percent respectively.33 Complements of the false-positive and false-negative rates, labeled "confidence and "power in Figure MIA, are 95 and 80 percent respectively. These conventional levels imply that "Yes and "No decisions are correct 95 and 80 percent of the time respectively. Since Linz and Paul answered "No to the research question, the false-positive rate is wholly irrelevant. Despite its irrelevance, they report a false-positive rate of five percent. They do not report a false-negative rate, however, even though that error rate is highly relevant. Fortunately, Linz and Paul do report that the 210.4 CFSs difference has a t- statistic of 0.629. We can use this number to estimate the false-negative rates for a range of effects.34 33 The most comprehensive authority on this issue is Chapter 22 of The Advanced Theory of Statistics, Vol. 2, 4th Ed. by M. Kendall and A. Stuart (Charles GrifTm, 1979). This book assumes a mathematical background. J. Cohen s Statistical Power Analysis for the Behavioral Sciences. 2nd Ed. (L.E. Erlebaum Associates, 1988) and M. Lipsey s Design Sensitivity: Statistical Power for Experimental Research. (Sage Publications, 1990) are more accessible. Both Cohen (pp. 3-4) and Lipsey (pp. 38-40) set conventional false-positive and false-negative rates at .05 and .2 (or lower). The convention also sets the ratio of false-positives to false-negatives at 4:1, implying that false- positives are "four times worse than false-negatives. The 4:1 convention dates back at least to 1928 (J. Neyman and E. Pearson, "On the use and interpretation of certain test criteria for purposes of statistical inference. Biometrika, 1928, 20A:175-240). It reflects a view that science should be conservative. In this instance, for example, the 4:1 convention works in favor of the peep-shows. When actual decision error costs are known, the actual ratio is used. 34 These rates were calculated by a software package called Power Analysis and Sample Size, Version 6 (PASS); PASS is distributed by the NCSS Corporation. Our calculations assume sample sizes of 19 peep-show and 19 control areas; a false-positive rate of 0.05; and a standard deviation 304.5 CFSs. These are the values that were reported explicitly or implicitly by Linz and Paul. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 26 FIGURE NIB - FALSE-NEGATIVE RATES FOR THE LINZ-PAUL REPORT False-Negative Rate 1 r 08 0.6 0.4 02 I a\7 and PatJ report a difference of 210.4 CFSS or 15.7% more CFSs around the 19 peep-shows. The false-negative rate for this difference is 0.508 The false-negative rate should be no higher than 0.2. 90 110 130 150 170 190 210 230 250 270 290 310 330 350 370 390 True difference between peep-show and control areas Plotted in Figure IIIB, these estimates show that the 210.4 CFSs (or 15.7 percent) difference reported by Linz and Paul has a false-negative rate of .508. Thus, if the true difference were 15.7 percent, the Linz-Paul analyses would miss the effect nearly 51 percent of the time! If the true difference were somewhat smaller say, ten percent the Linz-Paul analyses would miss the difference nearly 75 percent of the time. Since the conventional false-negative rate in the social sciences is .2, the reader might wonder, How large would the true difference have to be before the Linz-Paul analyses could detect it with 80 percent statistical power? The true difference would have to be at least 22.7 percent Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 27 before the Linz-Paul analyses could detect it with the conventional 80 percent level of statistical power. III.B. Why Is the Power so Low in the Linz-Paul Report? The mathematics of statistical power is so obtuse that few scientists and even fewer non-scientists understand the concept or its importance in statistical research.35 Statistical power is the "dirty little secret of social science research in the sense that anyone with a modest research background can design a study so as to guarantee "a statistically nonsignificant result. 36 Science guards against such abuses by requiring that researchers publish false-negative rates; or alternatively, as in this case, data sufficient for skeptics to calculate the false-negative rate. Although Linz and Paul published the data needed to calculate a false-negative rate, their failure to report the unacceptably low power level is puzzling.37 Nonetheless, having demonstrated the weak statistical power of their analyses, readers will have two questions. First, why is the statistical power of the Linz-Paul quasi-experimental design so low? Second, is there is any practical way to raise the design s statistical power? Answers to 35 E.g.,"I attributed this disregard of power to the inaccessibility of a meager and mathematically difficult literature... (p. 155, "A power primer. J. Cohen, Psychological Bulletin, 1992, 112:155-159). 36 In purely logical terms, not finding something does not prove its nonexistence. The second most widely cited sentence in Isaac Newton s Principia Mathematica acknowledges this point: Negativa non Probanda. 37 But not surprising. Other reports by Linz and Paul exhibit the same cavalier attitude toward statistical power. See, e.g., Table 3 on p. 22 of Measurement of Negative Secondary Effects Surrounding Exotic Dance Nightclubs in Fort Wayne, Indiana. None of the false-negative rates for the t-statistics in this Table are smaller than the convention .2 level. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 28 both questions involve sample size. In this instance, because there are only 19 peep-shows, the sample size seems fixed. There is no statistical rationale for limiting the number of control units to 19, however.38 So raising the number of control units would be an economical way to raise statistical power. How many controls? Assuming the same parameter values used to generate Figure IIIB, including two controls for each peep-show would guarantee the nominal 80 percent statistical power level. The idiosyncratic way that the Linz-Paul Report defines control areas limits this option, of course. We revisit this problem in Section IV. On its face again, the variability of the true difference between peep-shows and controls would also seem set by circumstance. But in fact, extraneous background noise can be reduced by statistical adjustment with multiple regression. Our Table IIA above is an example. Regression adjustment would have eliminated the need for "matching, for example, would have allowed for a larger number of controls, and would have reduced background variability so as to raise statistical power. IV. Design Issues "Design refers generally to the set of methods, or methodology, used to collect, analyze, and interpret data. We have already criticized two aspects of the Linz-Paul Report s design. In Section II, we noted that, because CFSs do not measure crime, any 38 If there were only 38 total units, 19 peep-shows and 19 (perfectly matched) controls will optimize power (See, e.g., "Neyman allocation in W.G. Cochrane s Sampling Techniques, 3rd Edition. Wiley, 1977. In this present case, of course, the controls are not perfectly matched and there are literally thousands of potential control areas in San Diego. Richard McCleary, Ph.D. James W. Meeker, J.O., Ph.D. Page 29 inferences about crime are invalid. In Section III, we noted that, ignoring the inherent problems with CFSs, the Reports statistical analyses had unacceptably high false-negative rates, in this Section IV, we criticize aspects of the Report s design that are intended to facilitate interpretation of the data. The Linz-Paul Report is based on a "quasi-experimental design. Using the conventional notation of Campbell and-Stanley, a general quasi-experimental design can be diagramed as39 Experimental Units (O) X O Control Units (O) . O where "O denotes an observation, or measurement, and "X denotes a variable that distinguishes the experimental and control units. In this case, "X represents the presence of a peep-show establishment in an area; and the "O s are the total number of CFSs recorded in an area during the 1997-2001 period. The first wave of "O s are set off in parentheses to indicate that this design feature is optional.40 Had Linz and Paul included observations both before and after the peep-shows opened, the design would have been stronger. 39 The design authority cited by Linz and Paul is Experimental and Quasi-Experimental Designs for Research by D.T. Campbell and J.C. Stanley (Skokie, 1L: Rand-McNally, 1966). A more recent authority by the same authors is Quasi-experimentation: Design and Analysis Issues for Field Settings by T.D. Cook and D.T. Campbell (Chicago: Rand-McNally, 1979). 40 Linz and Paul could have strengthened their design my including observations before and after the peep-shows opened. This design option was apparently not possible. In a before-after quasi-experimental design, each peep-show are would serve as its own control. We used this design element in our 1991 Garden Grove study. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 30 The internal validity of a quasi-experimental design depends on the similarity of experimental and control units. Secondary effects studies have optimized the similarity of peep-show and control units by "statistical adjustment and by "matching. Under ideal circumstances, the two methods yield identical results, minimizing the biasing effects of differences between peep-show and control areas. The Linz-Paul Report used neither method but,, rather, assumed that there were no important differences between peep-show and control areas. FIGURE IVA - THE LINZ-PAUL EXPERIMENTAL AND CONTROL AREAS East Peep Show West IV.A How Linz and Paul Chose Peep-Show and Control Areas The most troubling aspect of the Linz-Paul quasi-experimental design is the way that experimental and control areas are defined. The definitions are illustrated by the hypothetical map in Figure IVA. The double line is a 4000 foot segment of an east-west street. A peep-show lies at the center of this segment and addresses within 1000 feet in either direction constitute an experimental (or "inner ) area; it is painted red to denote this status. The control (or "outer ) area, which is painted blue, lies 1000 feet on either side of the experimental (or "inner ) area. CFSs to addresses in the red-painted experimental area are attributed to the peep-show; CFSs to addresses in the blue-painted area are attributed uo Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 31 to the control areas. If the null hypothesis is correct i.e., if peep-show and control areas generate the same number of CFSs the "inner and "outer areas should have similar numbers of CFSs. FIGURE IVB - DISTRIBUTION OF CFSs ACROSS THE AREAS B But this raises a dilemma. Figure IVB diagrams a hypothetical distribution of CFSs around a peep-show.41 The double line represents intersecting streets. On the east-west street, X marks the location a peep show; A, B, and C mark the locations of CFSs made from addresses on that street; D marks the location of a CFS to an address around the corner from the peep-show, on the intersecting north-south street. As the crow flies, distances from the peep-show to CFSs A, B, C, and D are 1000, 500, 1250, and 350 feet, respectively. The Linz-Paul design attributes A and B to the peep-show. They are painted red in Figure IVB to denote this fact. C is painted blue to denote the fact that the Linz-Paul design 41 For a real illustration, see Figure A2 in the Appendix. Richard McCJeary, Ph.D. James W. Meeker, J.D., Ph.D. Page 32 attributes it to the control area. D is attributed to neither and this is a problem. Because D is closer to the peep-show than either A or B, it should be more relevant to the research question than either A or B. Because A and C lie roughly equal distances from the peep- show, moreover, they should be treated as roughly equivalent pieces of evidence. Instead, they are treated as diametrically opposing pieces of evidence while D is treated as wholly irrelevant. The problem posed by the exclusion of D is the more obvious problem of the two.42 It is easily solved by defining peep-show and control areas as two-dimensional circles. In fact, this is a design standard for secondary effect studies. The Linz-Paul Report appears to be the only secondary effects study that defined experimental and control areas as one- dimensional street segments (i.e., as in Figure IVB). We have no idea why this weaker, non-standard design was used in this San Diego study. Perhaps this design flaw was dictated by limited time and/or resources; or by the geographical distribution of the 19 peep- shows.43 Whatever the reason, however, the use of one-dimensional strips violates both the general principles of design and the standards of secondary effect studies. IV.B How Peep-Show and Control Areas Should Have Been Selected Referring to Figure IVB again, although A and C are roughly equal distances from the 42 Figure A2 in our Appendix shows an actual plot of CFSs around one of the 19 peep- shows. 43 The distribution is plotted in Figure Al of our Appendix. One apparent problem is that the 19 peep-shows are concentrated in a few neighborhoods. Figures A3 and A 4 of our Appendix show that, in some cases, the peep-shows are so close that their "inner and "outer zones overlap. Linz and Paul do not acknowledge this problem or explain how it was handled analytically. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 33 peep show, the fixed 1000-foot zones put A in the peep show area and C in the control area. This unrealistic result can be solved either by using explicit distances as a dependent variable or by defining concentric zones around each peep show and control. In fact, this too is the standard in secondary effects studies.44 The use of areas as control units is itself a problematic departure from the general principles of quasi-experimental design, however, and from the standards of the secondary effects literature. The design standard in the secondary effects literature compares the crime risks for two businesses at different addresses45 or compares the crime risks for the same address before and after an adult business opens.46 The San Diego study could have used either of these two standard designs. In the first instance, crime risks for the 19 peep- shows could have been compared to crime risks for the 20 adult bookstores without peep- shows.47 In the second instance, crime risks for the 19 peep-shows could have been compared before and after peep-shows opened at the addresses. 44 For example, the 2001 study by Land et al. {Are Adult Dance Clubs Associated with Increases in Crime in Surrounding Areas? A Secondary Crime Effects Study in Charlotte, North Carolina.) used both 500-foot and 1000-foot circles around the adult business. Our 199 1 Garden Grove, CA study {Final Report to the City of Garden Grove: The Relationship between Crime and Adult Business Operations on Garden Grove Boulevard) used circles with radii of 250, 500, and 1000 feet. 45 E.g., the 2001 Charlotte, NC study. 46 E.g.. the 1991 Garden Grove, CA study. 47 Linz and Paul, p. 10, lines 13-19: "We then requested a record of all CFSs for each beat that included within it one or more of the city s 39 various adult entertainment businesses ... Although the city has 39 adult entertainment businesses, only 19 of those businesses are peep show establishments. Accordingly, for purposes of this study, we only analyzed the data tied to these 19 peep show establishment locations. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 34 Ideally, of course, the San Diego study could have used both design features. The general principles of quasi-experimental design require that businesses be compared to businesses, however, or addresses to addresses. Since this principle is also a standard design convention in the secondary effects literature, the decision to employ a weak, non- standard quasi-experimental design raises a related issue. IV.C "Fishing in the Linz-Paul Report Preceding sections have described discrepancies between the design used in the Linz-Paul Report and designs used in the criminology literature, in the secondary effects literature, and even in prior research reports by Linz and Paul. If the relevance of these discrepancies is not apparent, design conventions serve two crucial functions. First, design conventions control or limit methodological variance.48 Second, more important in this instance, strictly enforced design conventions eliminate "fishing. 49 48 If two scientists conduct the same research but use different methods, their results may be different. To control spurious differences that are due only to methodological differences, science requires that independent investigators either use the same standard methods or, else, calculate and report the effects of non-standard methods on the results. The most widely cited discussion of this is D.T. Campbell and D.W. Fiske, "Convergent and discriminant validation by the multitrait- multimethod matrix. Psychological Bulletin, 1959,56:81-105. 49 See pp. 42-3 in Quasi-experimentation: Design and Analysis Issues for Field Settings by T.D. Cook and D.T. Campbell {Chicago: Rand-McNally, 1979) for a discussion of "Fishing and the error rate problem.. Note further that Daubert addresses this issue implicitly in its discussion of "the known or potential rate of error. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 35 TABLE IVC - THE DESIGNS OF THREE SECONDARY EFFECT STUDIES C rime Measure ,(Affected area •".'•"'•:•.•• - '••; ' £ ^v- v •:•.. -, ^ -'•:;•' •'•••• - .. .,. . ..Control area . - , . Publiciafio'h'Date'^'• • '• " ' - CFSs 10 00 -foot strip on either side of a peep-show UCR Crimes (cleared by arrest) UCR Crimes 1000-foot radius around an adult business Contiguous 1000- foot strips on both sides of the affected area "T" September, 2002 Linz and Paul 1000-foot circle in a non-contiguous "matched area February, 2001 Linz and Paul 500-and 1000- foot radii around an adult'business 500-and 1000- foot radii around other businesses July, 2001 Land et al. mocao The potential for "fishing arises when there are several possible ways to design a research project. To illustrate, Table IVC summarizes the design differences for secondary effects studies in San Diego, Fort Wayne, and Charlotte.50 Although all three of these studies were conducted during the same period by the same investigators, the design differences are striking. For example, Three different crime measures (CFSs, cleared UCRs, and UCRs); Three different definitions of the affected areas (1000-foot strips, 1000-foot 50 The Fort Wayne and Charlotte studies, cited above, are Measurement of Negative Secondary Effects Surrounding Exotic Dance Nightclubs in Fort Wayne, Indiana and Are Adult Dance Clubs Associated with Increases in Crime in Surrounding Areas? A Secondary Crime Effects Study in Charlotte, North Carolina. The San Diego study is the Linz-Paul Report. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 36 radii, and 500-foot radii); and Three different types of control areas (contiguous strips, non-contiguous "matched circles, and other businesses). Considering only these three elements, there are at least (3x3x3=) 27 different ways to design a secondary effects study. With this many design variations, the researcher can "fish for a result that supports his or her position. Strictly enforced design conventions minimize the potential for "fishing. Although "fishing artifacts are not easily calculated,51 it should be intuitively clear that one could find design variations that support either side of the question, "Do peep- shows cause crime? There is no evidence to suggest that the findings and conclusions of the Linz-Paul Report are the product of a "fishing expedition. On the other hand, the controversial nature of the Report s findings and conclusions, in conjunction with the design discrepancies listed in Table 1VC, invite healthy skepticism. V. Summary and Conclusions Based on a thorough reading of the Linz-Paul Report, on a reading of other relevant literature, on reanalyses of the original data, on analyses of auxiliary data, and on our experience in this field, it is our opinion that the San Diego study s methodology falls short of the current standards in the social sciences, particularly criminology. The methodological shortcomings of the Linz-Paul Report span all three basic areas: (1) 51 "Fishing biases the research by inflating the false-positive and false-negative rates. Because the possible design variations are not independent, the degree of bias is difficult to calculate. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 37 Measurement; (2) statistical analyses; and (3) design. The most serious methodological flaws follow directly (or indirectly) from the use of CFSs to measure crime. First and foremost, The use of CFSs to measure crime is unprecedented in either the criminological or the secondary effects literatures. In San Diego specifically, CFSs explain only ten percent of the variance in crime (see Table IIA). The absence of precedent and explanatory power would prevent the San Diego study from being published in top-ranked criminology journals. This fatal methodological flaw in the Linz-Paul Report is aggravated by erroneous assumptions about SDPD CFSs. Specifically, CFS addresses do not necessarily tell us where precipitating incidents occurred. CFS times do not necessarily tell us when precipitating incidents occurred (see Figure HE). These anomalies of the SDPD CFSs invalidate the Linz-Paul Report s analyses of "hotspots and crime during the 2-6 AM period, of course. But a more serious problem arises when Linz and Paul create an aggregate index from raw, total CFSs. Specifically, Only 20 percent of the CFSs in the index resulted in a crime report or arrest; an equal number were wholly spurious (see Table IIB). The CFS index counts incidents ranging from disorderly conduct to Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 38 armed robbery as equivalent (see Table IIC). Most of the CFSs precipitated by incidents that appeared to be UCR crimes turned out to be false alarms (see Table IID). Any of these demonstrably incorrect assumptions about SDPD CFSs is sufficient to invalidate any of the Linz-Paul Report s conclusions. Ignoring the validity problems related to use of CFSs to measure crime, the manner in which the CFSs are analyzed pose another serious threat to validity. When Linz and Paul find that a 15.7 percent difference in CFSs between peep-show and control areas is "statistically nonsignificant, for example, leading to the conclusion that peep-shows are no different than other businesses, they do not consider the possibility that the "statistically nonsignificant finding may be a false-negative. In fact, The probability of a false-negative finding is .508, approximately the same as a fair coin-flip (see Figure HIB). A false-positive probability of .2, which is the conventional level in the social sciences, would require that peep-show areas generate 22.7 percent more CFSs than control areas (see Figure IIIB). Since a 15.7 percent increase (or decrease) in CFSs would be substantively significant to police, courts, and taxpayers, the failure to find statistical significance is a fatal threat to validity. Put simply, the Linz-Paul Reports design makes it practically impossible to find a statistically significant difference between peep-show and control areas. The problem of inadequate statistical power cannot be separated from the quasi- Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 39 experimental design of the San Diego study and this raises a more fundamental issue. Compared to other secondary effects studies, including those conducted by Linz and Paul, the San Diego design is idiosyncratic (see Table IVC). If for no other reason, novel designs are eschewed because innovations raise novel threats to internal validity. The simultaneous debut of many design innovations raises the more serious question of whether the study was a "fishing expedition. Although Linz and Paul may have seen the San Diego study as an opportunity to break new ground in the study of secondary effects, a critical reader should suspect that the specific new methods were selected in part because they supported a specific finding or conclusion. To allay suspicions, researchers who use novel methods are required to explain the departure from convention. V.A. The Daubert Standards If the Daubert decision requires that scientific evidence be both relevant and valid, the Linz-Paul Report meets neither criterion. With respect to relevance, because the Report s conclusions are couched in terms of "crime or its synonyms, and because CFSs are not an acceptable measure of crime, the Report s conclusions are /rrelevant to the secondary effects debate. With respect to validity, the Report s conclusions also fall below the minimum threshold. In their authoritative work on validity in social science research,52 Thomas D. Cook and Donald T. Campbell distinguish four types of validity: construct, statistical conclusion, internal, and external validity. Uncontrolled threats to construct, 52 Quasi-experimentation: Design and Analysis Issues for Field Settings. Chicago: Rand-McNaliy, 1979. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 40 statistical conclusion, and internal validity prove fatal to the Linz-Paul Report s conclusions. Accordingly, as social scientists and statisticians, we find that the Linz-Paul Report does not meet the threshold of scientific rigor in these fields. Purely legal issues make it more difficult to arrive at the same categorical level of certainty with respect to the Daubert standard. Nevertheless, in the introduction to their Report, Linz and Paul give this succinct interpretation of Daubert: Offering "some general observations as to how this connection can be made, the Court provided a list of factors that federal judges could consider in ruling on a proffer of expert scientific testimony: (1.) The "key question is whether the theory or technique under scrutiny is testable, borrowing Karl Poppers notion of falsifiability; (2.) Although publication was not an absolute essential, the Court noted that peer review and publication increased "the likelihood that substantive flaws in methodology will be detected; (3.) An error rate or estimate of the probability that empirical relationships are due to chance should be calculated; (4.) adherence to professional standards in using the technique in question; (5.) Finally, though not the sole or even the primary test, general acceptance could "have a bearing on the inquiry. 53 The Linz-Paul Report is flawed, in practice, if not in principle, on all five criteria. In principle, for example, the Linz-Paul Report s null hypothesis "Peep-shows generate no more CFSs than other businesses is falsifiable or testable, as required by criterion (1.). In practice, however, given a 50 percent false-negative rate and the freedom to "fish, the core null hypothesis cannot be rejected. 53Linz and Paul, p. 4, lines 1-9. The Popper work cited in this excerpt, Conjectures and Refutations (Basic Books, 1962), argues that scientific and pseudo-scientific theories differ in terms of falsifiability (or testability). Pseudo-scientific theories Popper s examples include Freudian psychoanalysis and Marxian history cannot be tested because any outcome confirms the theory. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 41 The 50 percent false-negative rate fails criterion (3.) per se and, by implication, (4.) as well. The design idiosyncracies, described in Section IV, and the use of CFSs to measure crime, described in Section II, fail criteria (4.) and (5.). Publication in peer reviewed journals, criterion (2.), is related to criteria (4.) and (5.) in the sense that peer review enforces adherence to the standards of the scientific community. Publication is not a norm in the secondary effects literature, however, and peer review plays a somewhat different in the social sciences than in the natural sciences. Nevertheless, given its many serious methodological flaws, it is unlikely that the Linz-Paul Report would be published in a top-tier social science journal. In summary, applying the five criteria cited in Linz-Paul Report, it is our opinion that the Reports findings and conclusions do not meet the minimum threshold mandated by Daubert. Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 42 Appendix: Technical Details of the Linz-Paul Dataset This appendix provides details of the Linz-Paul dataset which were too technical or tangential to be included in the text. A copy of the dataset described in pp. 10-12 of the Linz-Paul Report was supplied by the SDPD Information Services Division. The dataset is a Microsoft Access file with 607,903 cases, each representing a single CFS, with the following variables: DATE Date of the CFS TIME Time of the CFS INC_NO A unique identifier ENTRY_DT Date the CFS was entered into the database FINAL_TYPE Type of CFS (burglary, DW I, etc.) DISPO Disposition of the CFS (duplicate, arrest, etc.) STNO Street number (address number) STDIR Direction of the street (N, SE, efc.) STNAME Name of the street STTYPE Type of street (avenue, street, efc.) XSTDIR Cross-street direction (N, SE, efc.) XSTNAME Cross-street name XCOORD East-West co-ordinate YCOORD North-South co-ordinate BEAT SDPD beat number Approximately 5,000 CFSs had missing co-ordinates54 or addresses in conflict with the co- ordinates. These CFSs, amounting to less than one percent of the total, were excluded from all analyses. Other CFSs were excluded from our analyses (though not necessarily from the Linz-Paul analyses) if CFS-types and/or dispositions were missing. >4 These are "State Plane Co-ordinates for California Zone 6. See Table 1, p. 14, of The GPS Observer, July, 1999. The unit is feet. C Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 43 FIGURE A1 - LOCATIONS OF THE 19 PEEP-SHOWS UIQ COO O Richard McCieary, Ph.D. James W. Meeker, J.D., Ph.D. Page 44 The data were analyzed with Microsoft Access, ARCView, and SPSS. On our part, the choice of software was a matter of convenience. The fact that Linz and Paul used different software cannot explain differences in findings and conclusions. ARCView was generally used for mapping and geo-statistical analyses. For example, we used ARCView to construct Figure A1. In that figure, the 19 peep-shows are plotted as 2000-foot diameter circles on a San Diego map. The geographical distribution of peep-shows is clearly not random. Rather, the peep-shows are clustered together in a few districts, often with overlapping, non-distinct boundaries. This non-random distribution raises a formidable challenge to the Linz-Paul design which we will discuss shortly. Figure A1 is deceiving in at least one respect: Linz and Paul did not use circular areas, such as those shown in Figure A1 but, rather, used 2000-foot strips on either side of the peep-show address. This general design scheme is depicted in Figure IVA. Because the design considered only CFSs on the same street as a peep-show, only a small subset of San Diego s 103 police beats55 were included in the Linz-Paul dataset. Figure A2 below illustrates one consequence of this design. In this figure, concentric circles with diameters of 1000 and 2000 feet are drawn around "The Crypt, a peep-show at 4094 30th Street. CFSs to 30th Street addresses are plotted in red. If a red CFS lies within 1000 feet of 4094 30th Street, it is attributed to the affected area; if a red CFS lies more than 1000 feet away, 55 The 35 beats in the dataset includes several double counts due to beat renumbering changes during the five-year period, 1997-2001. Beat #531 became #529; #532 became #531; #533 became #526; #534 became #527; #535 became #517; #536 became #518; and #537 became #528. The SDPD system uses both the old and new numbers. o Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 45 FIGURE A2 - "THE CRYPT, 4094 30™ STREET 5 3 UOcoo but less than 2000 feet away, on the other hand, it is attributed to the control area. If the number of CFSs in the affected area exceeds the number in the control area, Linz and Paul conclude that "The Crypt has criminogenic properties. This ignores CFSs that may be near "The Crypt but are not on 30th Street per se, of course. These CFSs are painted blue in Figure A2. Even though some of these CFSs lie within a few yards of "The Crypt, they are excluded from the Linz-Paul design and Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 46 FIGURE A3 - OVERLAPPING PEEP-SHOW SITES (CENTRAL) analyses. Figure A2 also demonstrates the validity consequences of an arbitrary 1000-foot zone. On the south end of the 30th Street zone, a number of red-painted CFSs are located within a few feet of the affected or control areas. Figure A3 shows another aspect of the arbitrary 1000-foot zones used by Linz and Paul. The circles in this map are centered on "Adult Depot at 3489 Kurtz, "Adult Superstore at 3610 Barnett, "F Street Sports Arena at 3112 Midway, and "Midnite Books Midway at 3606 Midway. Overlap in the circular control zones and proximity of the affected areas create obvious methodological problems. This assumes that the affected and control (ftfcuo o Richard McCleary, Ph.D. James W. Meeker, J.D., Ph.D. Page 47 FIGURE A4 - OVERLAPPING PEEP-SHOW SITES (BALBOA AVE) areas are defined as circles, of course. If the affected and control areas are defined as one-dimensional strips (see Figure VA, e.g.), the methodological is mitigated somewhat. The problem does not disappear, however. Figure A4 shows the affected and control areas around "Mercury Adult Books at 8081 Balboa and "F Street Kearny Mesa at 7865 Balboa. Here the affected areas overlap even when defined as one-dimensional 1000-foot strips. (00.uoat) Testimony of David Sherman Former Midwest Manager ofDeja Vu Sexually Oriented Businesses: An Insider's View Testimony before the Michigan House Committee — Ethics and Constitutional Law January 12, 2000 The National Organization Against Lewd Activities (N.O.A.L.A.) 1-800-552-1901 Michigan House Committee Testimony, January 12, 2000 Page 1 Having been involved in the Adult Entertainment Industry for fourteen years, I am very aware of the consequences this business can have on all involved. Over the years, I've seen friendships, families, and lives destroyed. Much of the activity of the adult entertainment industry is illegal and criminal. In addition, there are tremendous negative effects on entertainers, communities, local businesses, as well as families. The following, for your information, are some of my personal experiences with the Adult Entertainment Industry. Right from the start, drug and alcohol use is rampant. The dancers call it partying. They don't realize that they are medicating themselves in order to do the work they do. Also, the abortion rate is extremely high due to the fact that most have lost contact with family members due to what they do. They also feel they could never take the chance on flawing the body from carrying a child. Additionally, the dancers believe they have no way to support a baby without dancing, and therefore can't quit to have one. Basically, they are caught in a very real, painful "Catch-22." The girls, if they have never danced, are usually extremely against it and most of the time are hired as waitresses, even though waitresses are not needed. This makes the atmosphere become part of their life. At this point, they see it as a job — not as stripping — and are converted quite easily to dancing. Once dancing, they get used to being objectified. It becomes as important to them to hear how beautiful they are 200 times a day as it is to actually make the money from the dancing. Between the use of drugs to medicate what they do and hearing how beautiful they are all the time, they soon experience what I call "BDA" Basic Dancer Attitude. This is when the dancer thinks that no matter what friends, children, husband, and families think about her, it doesn't matter. They can all be replaced because all of the patrons around her find her attractive, beautiful, and idolized. Now the dancers are truly caught in the "adult" scene. With friends and family gone from their lives, they exist alone in this dark, subculture of sex, drugs, alcohol, and prostitution. All of this perverse living, to the dancer, is now just part of her normal lifestyle. After a couple of years at this level, the dancer realizes she is getting older and attempts to fit back into society. She tries boyfriends, school, or really anything to cling to what is "normal." Realizing that she cannot live in both worlds, she returns to the subculture of the Adult Business, actually despising the real world. This leads to more dependency on drugs and alcohol, which now makes her 100% lost to this life. The dancers will continue living like this until they realize they can no longer stay at their "current level" and keep making money and getting the compliments. Once they realize this, they begin to master more perverse things to make cash, to make up for fading looks and dancer burnout. Michigan House Committee Testimony, January 12, 2000 Page 2 The cycle then becomes even more vicious with depression, drugs, alcohol, and body mutilation to stay thin. Finally, they realize they can no longer keep up with the new and younger girls and leave, going to one of five places: 1. They go to a very filthy, nasty club that's full of girls in their position. Here they perform and do some of the most vile and filthy acts you can imagine to make money. 2. Some turn to prostitution, meeting customers outside of the club. The club now becomes a place for them to meet new "clients." 3. Some marry just to be able to survive. But the addictions to drugs and alcohol normally shatters and destroys these relationships. 4. Some actually do break away and go to school to become productive citizens, but the frequency of this is around 1 of 50. 5. They become society's throw-away people ~ people used up, degraded, abused, and even sold by the people who own these establishments. Sadly, these young ladies, over time — little by little — become manipulated, controlled, and finally destroyed by a world that our communities have closed their eyes to. Thinking back, there are three girls that seem to stand out rather clearly as examples of what can — and often times does — happen to a young, innocent woman who naively gets sucked into the sexually oriented business industry. 1. She was a pretty, intelligent twenty-year-old girl who came into the business as a waitress. She was, from what I could see, from the upper middle class and a loving Christian family. She attended Bowling Green State University in Ohio and was fluent in several languages, plus carried a 3.8 grade point average. She soon became interested in stripping. She started dancing and very quickly got caught up in the lifestyle of drugs, alcoholism, and lesbianism. I watched her life deteriorate for about two years. She has, as far as I know, gone on to graduate from school. But still after five years, she has not left this subculture and only fallen deeper into it. 2. This young lady was also a nice, nineteen-year-old pharmacy major at the University of Toledo in Ohio. She too started as a waitress and soon converted to dancing. Her family was from Cleveland and were paying all of her schooling and housing. She was from a wealthy family who owned several businesses from construction to restaurants. After about eight months, her family found out what she was doing and did everything in their power to get her to quit. But by this time, she was making enough money and doing enough drugs to think she could handle life on her own. Her family lost all contact, and she lost all control. She disappeared into s*Wl». Michigan House Committee Testimony, January 12, 2000 Page 3 this subculture and I haven't heard of her since, and that has been over three years ago. 3. Another young victim was a medical student from the University of Toledo. Her husband of only a couple of weeks worked in one of these adult clubs. Being newlyweds, they needed money, but she did not want to dance. Soon after waitressing, she easily converted to dancing. The life quickly consumed her. She moved to St. Louis for her medical career but soon quit school and started dancing at a club there. Divorce quickly followed, and she went on to California doing drugs and making XXX films. I recently learned she has contracted AIDS after about two years in the pornography film business and is now working in a fast food restaurant in San Diego. THE MANAGER'S ROLE As far as female employees in adult entertainment nightclubs - everyone that is hired is treated as a potential dancer. It really doesn't matter if she's hired as a waitress, hostess, or even a bartender. First, you must make the girl feel at home in an environment that is so abnormal that most people have to be made comfortable. In fact, you could almost say they have to be "hardened' to the club life. This is easily accomplished by working there as many hours as possible and by having all of the staff treat them as if they were long lost friends. It's important for the management to do this also. Second, after a few weeks, because the girl is now your friend, as a manager you bring up how short you are on girls that night or how short the amateur contestants are. You ask them to please help, that they don't need to take their clothes off, but the club just needs an extra body. Usually, they happily agree to do this. You then have them change into dancing attire, usually a skimpy dress, a teddy, g-string or a t-bar (which is a very small pair of panties). Often, the girls — having become used to the environment and having seen nudity daily — are intoxicated with the sense of being on stage and are lured out of their clothing by the other girls, customers, and promises of large tips. Now at this point, the manager's job just starts. But if the girl has no t taken her clothes off, the manager again has to start in on her about needing more help on the floor. Again, most of the girls will agree to help the manager out. At this time, you tell them that things are not that busy, and you take them out for dinner, "my treat." Of course, the club always writes this off! So you go out, have some drinks, and small talk with the girl. Returning to the club, she now believes that you're good friends, plus she is under the influence of alcohol. At this point, she easily disrobes on the customers request, with the other girls welcoming a new dancer into their ranks. The experienced dancers will then go on about how beautiful she is and how much money she'll make. Michigan House Committee Testimony, January 12, 2000 Page 4 Of course, even now, she still might have not disrobed. But, by this point, you are her friend and can make her feel guilty about not helping out more and ask her to please disrobe, as without her, you'll not make much money that night. She is needed. People who need her and customers who tell her how beautiful she is surround her. She now experiences a variety of emotions, and being human, needs to be needed. With this emotion fulfilled, she finds herself wanting to be complimented — which she is — and she wants to make money — which she can. Yo u then play on the "what more can a girl want?" and the subject of self- worth never really comes up. At this point, if she still has not disrobed, you let her know you no longer need her for her position, but dancing is open if she wishes to still work at the club. This does not work unless she has incurred debts and needs the money, or she actually enjoyed the experience and doesn't want to lose her new friends. If she stays, the manager must start training her to be a professional. This means changing almost everything about her, including her personality. She must now be a passive/aggressive if she is to survive. This means that she needs to learn to say whatever it takes to make money. She can never talk about her personal life to anyone, as clients can hear this. What you try to do is get the girls programmed to have regular customers. A regular customer is a customer who believes that this girl actually cares for him, and now his fantasy world is complete. He comes in on a regular basis, and she invites him back on certain days and times as to not interfere with other regular customers. This is usually set for the club's slow times because when it's busy, she can make money without her regular clientele. Of course, with all of these girls having regular clients, the club is guaranteed a steady income and solid revenues. The club regulars are usually family men looking for an escape from the real world, and the girls are taught to prey upon them. Mandatory meetings are set for all the girls. This time is really used mostly for programming the girls and getting into their heads. You again let them know what you want and motivate them by whatever it takes. Soon the new dancer starts running around with the more hardened and seasoned girls, and they realize how much easier this job is being drunk, high, or more often than not, both. By now she's working until 2 a.m., staying out all night, partying after work, and then grabbing a breakfast with the girls. They wake up, go to work, and the cycle starts all over. They have no time to go to the post office, the dentist, or any other "normal" things. They are deep into the club scene and on the road to hard times and even self- destruction. At this point, school, family, and friends — as well as everything else they once had — has faded into a world that no longer exists for them. As a manager, at this point, anything you say, ask, or demand of the girl will gladly be done because the club is now her home. The girls don't realize this is their only world now, and the club manager now has total control over what's going on in their lives. The girls will even put up with degradation, verbal and emotional abuse, and everything else the manager wants to do. Michigan House Committee Testimony, January 12, 2000 Page 5 At this time the girl may feel fed up and leave, going to a new club thinking to herself that she finally made a decision on her own and things will be better. But she is really just fooling herself. Now the manager at the new club does the same things except now she has no friends to talk to. And the manager knows that most of the time she cannot return to the old club, so he abuses her even worse than the first manager. Of course, she then drinks more and gets high more than ever, hoping it will go away. It will only get worse for her now. Soon the dancer finds herself not being complimented as much or making the money she did at first. Because of the drugs and alcohol, she finds herself aging fast and losing her looks. Of course, this now leads to a downward spiral of more drinking, partying and drugs. Many opt for plastic surgery in one form or another because in their own eyes, their looks are what they are worth. With most people, if they gained weight or lost their tan, it would not be a problem. But to a dancer, it would be devastating for them for days and even weeks and beyond. CUSTOMERS I've found that there are five categories, or groups of customers that visit the clubs. 1. The first customer, usually 28 to 50, is married or recently divorced. He almost always becomes not only a pornography addict but also a "fantasy" addict. He is lured in for just a glimpse of the "other side." But once he is there, the well-trained dancer learns his weaknesses and strengths, and knowing what buttons to push, soon has him as her "regular." He is soon here three to four times a week, seeing only one dancer, believing she is is girlfriend while being friends with most of the dancers. After awhile, he may not come in on his lunch hour but after work before he goes home to his family. Soon bills are not being paid and clothes for his children are not being bought. I've seen them believe that this girl so deeply cares for him, that he will try and borrow money from her. I've also seen regulars leave a five-year-old child locked out in the car in the parking lot for hours while they lived out their fantasies. Also, I watched a patron cause a fatal accident outside of the club. While waiting for the authorities, he walked into the club to see his "girlfriend' who was dancing that night. Those are just a few examples of how physically and emotionally tied to the club these people become. Unfortunately, this group usually makes up about 30% of the entire group, but about 85% of the groups daytime traffic and 20% of the nightime. I could write pages on customer number one as far as bad decisions he makes trying to carry on his "love affair" with dancers. Michigan House Committee Testimony, January 12, 2000 Page 6 2. Customer two is the young adult 18 to 30 there for a bachelor party, birthday, college party, and so on. A lot of these never come back except for special occasions. But a small percentage will become a regular, being addicted from day one. About 15% of these will return again and again to the club. This group makes up about 20% of the overall club business. 3. Customer three is the majority of your night business. He is 25 to 30, comes in maybe once or twice a month, and either feels a friendship there or maybe has a need being fulfilled. He continues to teeter-totter on the edge of becoming a regular #1. It only takes the right girl or the right experience, and he easily falls into that category. 4. Customer four is the gentleman 45 to 70 or the 18 to 25 age bracket. He comes in only once in a great while for special events, special entertainers or business meetings. He usually makes up the rest of the 15% of the dayshift business and the minority of your night shift unless he is there for a special event. Most of the time, this will be the only time you see him. A very small percentage of these will become a number one customer. 5. The fifth, and most dangerous customer, is the person there merely for business, selling, giving, and using the girls in his drug trade. Many clubs have several of these people all intertwined together in this dark world. They pull the life from and inflict pain not only on the girls, but their families as well. With girls wanting and needing drugs, number five has them in his control as well as the club. He becomes a friendly face everyone wants to see. The bad thing is, many girls owe him money, so he either makes them another bad deal (drawing the girl in deeper), or brings her to his world altogether to be a pusher, be involved in a biker gang, or give himself sexually to a small group of dealers. The sad thing is, the girl will feel like she is among friends and will try to drag others into this dark world with her. OVERALL INSIDER OBSERVATIONS Having been in the Adult Entertainment Industry for years, I have seen everything from monies not being entered into registers to owners leaving with shoeboxes full of cash on a weekly basis. I have walked into clubs and witnessed 15-year-old girls working — with their parent's knowledge. I've seen girls leave with customers, meet them outside, as well as literally perform sex acts while lap dancing for customers. Again, the bar may pay an employee to watch for this, but the girls pay them more not to see it. If these are "clean upstanding businesses," why is it that day after day used condoms were found in V.I.P. rooms? Michigan House Committee Testimony, January 12, 2000 Page 7 The owners many times hide themselves by owning several corporations, one of which will finally own the club. Many times in liquor clubs, the liquor license is not even in an owner's name, but a manager who was given stock to do this. Even though the girls are private contractors, the clubs do have contracts with both stage names and real names on them. The clubs hire people to count every lap dance done in order to collect the percentage for the club, but yet the clubs claim there is no way to keep track of what the girls make. In turn, this allows the girls not to file taxes and also be on Federal and State Aid programs, even though she may be making hundreds and thousands of dollars weekly. Again the clubs claim the girls are private contractors, but many are told when they will work which makes them employees. As far as the clubs themselves following written law, I have copies of a Judgement Entry that ever since the day it was handed down has not been followed nor enforced. The club owner himself said not to follow it. This club also is part of a very large club chain. Maybe the reason that it has not been enforced is that a lot of local law enforcement not only frequent these businesses, but also date the entertainers. This is true as well of firemen and city officials who all get in free. In fact, not long ago in a club in Detroit, an off-duty police officer lost his gun and could not find it. Another became mad at this girlfriend who was a dancer. Upon leaving, he discharged his gun into the door, hitting the owner of the club in his face. Violence does occur. Once during a dancers' meeting, the manager had upset one of the girls who happened to be a member of a gang. She had him beaten up badly following the meeting. Another manager tried to force himself on an entertainer. Again, her boyfriend belonged to a gang, and a bomb threat, as well as violence, occurred at the club. He was not terminated but merely sent to another club. Another manager literally held a gun to a girl's head because she wanted to quit. He was still employed for years after that. Again, another manager went on a rampage in a hotel, and while he was there, discharged a firearm. He was simply moved to another location and is now in prison for attempted rape. As far as the argument that the girls are only putting themselves through school, that is a farce. Very few of these even attend classes once they are making the kind of money that they do. Soon they are working until 2, 3 or 4 a.m.; and in no way, shape, or form are they getting up and going to classes. Very few of these girls finish school. Another dimension to the concern surrounding sex clubs is the rampant tax evasion maneuvers exercised by the various employees. Michigan House Committee Testimony, January 12, 2000 Page 8 TAX EVASION AND THE SEX CLUB EMPLOYEE DJ These people are paid in most clubs hourly; but as well as their hourly wages, the dancers are made to tip them nightly. Usually the tip is 10 percent of what the girl made that evening; and the DJ keeps track of how many dances the girls have done to insure his cut. Example: If there are, say, 30 girls working a night shift and the average tip to the DJ is, let's go low and say $15; then in cash income, the DJ just made $450. This income is generally not reported as the DJ receives his regular paycheck and usually only claims that. DOORMEN Again, in most clubs the girls are required to tip the doormen out, as he walks them to and from the parking lot and tries to ensure their safety in the club as well. While the tips are not as good as the DJ's, the doormen still could average $60 nights. Five nights a week figures out to $300 weekly in pretty much unreported income. FLOORWALKERS These are the people who count dances for the clubs to make sure that the girls pay the 33 percent they are required to the club for every dance done. These also are the same ones that are responsible for watching to make sure the girls are not doing things outside the line of the law. They make tips by turning their heads to illegal dances. In turn, the girls tip them better for letting them make more money by dancing a little more dirty then legal. I have seen floorwalkers leave with as much as $600 in one night. Again, they receive a paycheck so reporting the extra income generally does not happen. The truly bad thing about a dishonest floorwalker is if one girl is paying him to dance dirty, soon all girls have to. In order to make any money at all, they too must alter the dances they do to illegal ones. DANCERS I would say that by far the dancer is the worse offender of tax evasion in the clubs as she generally has nothing in her name and reports very little, if any, of her income. The dancers with children generally are on federal and state welfare programs collecting food stamps, checks, and insurance while making hundreds, if not thousands, of dollars a week or more. Michigan House Committee Testimony, January 12, 2000 Page 9 BARTENDERS/WAITRESSES This group is probably the least tipped by the dancers, but again most clubs require that the dancers do tip. The reasoning behind all this tipping is it lets the club owners pay bottom dollar for help but yet the employees make good money due to the tipping program. MANAGERS The managers, on the other hand, are not tipped; but in a lot of cases, if a girl does something wrong or doesn't show up for work, he will fine her. In turn, most of the time that money never makes it to the register but directly into his pocket. The clubs know of this. That's how they get by with paying some managers as little as $7 an hour. Again this money never gets reported as it too is untraceable cash. I could easily fill an entire book with what I've observed in the Adult Pornography Industry. I've seen countless lives shattered and unbelievable heartache. You would be surprised at the amount of "it can't happen to me" or "I won't be like that" that I have heard. I've formed National Association Against Lewd Activities (N.O.A.L.A.) with a few others to educate the public as to the manner in which these so-called Adult Clubs %**°"" are sucking in well- intentioned young people, seeking quick bucks for survival. Unwittingly, the demands brought on by the abusive lifestyle leads to the degradation, if not the destruction, of themselves and countless others. But it isn't enough just to educate the public. It is vital that this committee recognizes that it is the role of government to ensure the public health, safety, and welfare of its citizenry. My testimony here today represents merely a tip of the iceberg. What I have described is not just what occurs in one pornography outlet in some large city far away, but this IS the manner in which all pornography outlets operate from the six various Deja Vu's in Michigan (Saginaw, Lansing, Kalamazoo, Flint, Ypsilanti, Port Huron) to the scores of other similar outlets operating under various names from Sensations to Showgirls to Velvet Fingers, etc., etc. Background checks, licensing as well as enforcing regulations, are essential for the safety of clients, entertainers, and communities. LOBBYING - TO AVOID RESTRICTIONS Adult entertainment businesses use lobbying as a key to keeping new ordinances or legislation from being passed. This plays a very important role in allowing them to run these businesses the way THEY want to. Michigan House Committee Testimony, January 12, 2000 Page 10 Large turnouts by entertainers, owners, owners reps, as well as attorneys, law students, and even the A.C.L.U. at times are used to intimidate those in local government and to keep the new legislation from passing — by making the government body think that masses have formed on their own, when in actuality they have been pulled together by a team of people paid to do just that. Another thing not touched on is that in every club in the state where the new legislation is being considered there are signature cards for the patrons to sign as well as information giving times and locations of hearings. In fact, one company I worked for had this down to a fine art. Every manager was required to attend all city council meetings in order to stay on top of any new legislation being proposed. They then were to buy the minutes from the meeting and fax or send them to the corporate office. If any new legislation was proposed, that information went to the person who was in charge of lobbying and to the corporate attorney. Even if the proposed legislation involved a city, town, or state in which the adult business had no entities, the club attorneys and attorneys would still come out in full force to defeat it, as it may have had an adverse effect on them at a later time. Another tactic used so frequently is to bring in big gun attorneys from elsewhere to intimidate and sue as well as tie up in court the passed ordinance for as long as possible or until it ran the city or township out of funding. These businesses have plenty to spend on staying open and running them the way THEY want to. From time to time the company would use a local attorney, coaching him and making him file the things they needed in order to make it look as though they were a local business. In regard to the lobbying, the attorney — the funding as well as lawsuits — the adult businesses seem to somehow utilize the press to their advantage. The press simply didn't deal with the real issues in most cases. INDEPENDENT CONTRACTORS The entertainers who work in these clubs, even though supposedly independent contractors, oddly enough pay upwards of 30% of their income to work in these establishments. This does not include the unwritten laws of tipping which are all explained to them by the management or other entertainers. This includes tipping the DJ in order to listen to or dance to the music they want to have played. They also must tip doormen, floorwalkers, waitresses and bartenders in turn helping the club to pay the wages for the cheap labor which the clubs employ. By the time a dancer is done, she may have paid up to 50% of her income just to work. Most of this income, in my experience, is not reported by these employees. One instance stands out clearly. An entertainer phoned me saying she knew that fines, or so- Michigan House Committee Testimony, January 12, 2000 Page 11 called reinstatement fees, were not being rung into the register. I, in turn, told her to write the management a check and ask for a receipt. At that point, she was told to leave and not come back as the club did not give out receipts or accept checks for fines. NINE REASONS FOR THE PASSAGE OF THE PROPOSED LEGISLATION In closing, I would like to say that without regulation of the kind proposed by these bills — and mind you this is merely the tip of the iceberg — businesses like these will continue to get away with whatever, whenever they please. There are several reasons as to why this legislation is needed. The following, while not an exhaustive list, are the ones that come immediately to mind: 1. Helping set and ENFORCE regulation on a statewide level will keep the criminals from moving from city to city staying employed in the same type of business, never having to be but a ghost to the current laws. In other words, these regulations will help keep these lawless ones more answerable to the laws of the land and prevent them from preying on naive young ladies, desensitizing them, duping them into gradual steps of so- called entertainment which ultimately leads them to their degradation and destruction. 2. Drug abuse and dealing run rampant in many clubs, almost always in the bathrooms, locker rooms, and yes, even offices. Again, licensing should help curb the offenders by letting them know it is no longer tolerated, and is being regulated on a statewide level in addition to local regulation. 3. It would keep known sex offenders as well as known felons from working, owning, or entertaining in the clubs and adult businesses, as many owners in these businesses have a criminal record. 4. The licensing issue should keep the entertainers from soliciting in any way which, as we all know, comes in many forms. In turn, that will help keep adult businesses as above table as possible. It will also help keep the seasoned entertainer from teaching the new ones the so-called "tricks of the trade" which most of the time are illegal. 5. The hours of operation will help in curbing many of the illegal activities such as drug dealing, solicitation, and illegal dances due to the fact that the more intoxicated the entertainer is the more the dancer is likely to do. It is a big plus on the safety and welfare of the entertainers, employees, citizens, and communities — as many of the late night people are truly drunk or intoxicated on other forms of drugs and literally do things they would never do if it were not in the late night situation. Michigan House Committee Testimony, January 12, 2000 Page 12 6. State regulation on lap dances and lewd behavior will keep the entertainers from just being fined or as it is called in the business "contract reinstatement fees" which most entertainers gladly pay as they make a lot more money then they lose the dirtier the dances are. Dirtier most of the time means illegal. 7. The proposed legislation will put the entertainer in a position to pay taxes as she would no longer be an unknown person without an income. This, in turn, will keep the clubs above board on what they are being paid by the entertainers as the girls will need every write-off they can get, including the stage fees. It will also keep the many girls who are on federal and state aid (while making hundreds of dollars a week) off these programs. 8. Several small clubs come to mind that it will really keep above board. I consulted on a few smaller clubs, and in the back room I found all paperwork hidden away that would ever be used to pay taxes. The pages were in total disarray as if they were just thrown in there nightly. What taxes were paid on, I'll never know, but it was not on the paperwork or register receipts I found or which dated back several years. 9. The next thing I'm sure it will curb is the blatant cash flowing out of clubs. In one club I had consulted on I found $672,000 in lost retail liquor sales. The owner, upon my telling him what I found, has not spoken to me since. He did, however, build a new house paying cash for the labor. In closing, with great concern for our present generation and those who will come after us, I encourage this committee to vigorously support the passage of the proposed 13 bill package and to move it with great haste. This is a significant package of bills because if enforced, it will curb the criminality and lawlessness that is directly linked to sexually oriented businesses. Without its passage, untold numbers of lives will continue to be degraded, victimized and destroyed.