Loading...
HomeMy WebLinkAboutMIN DEC 16 1997 I I M I N U T E S - CITY OF BEA MONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K. Davis DECEMBER 16, 1997 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on December 16, 1997, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call *Presentations and Recognition *Public Comment: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:37 p.m. The Reverend John Adolph, Antioch Baptist Church, gave the invocation. Public Health Director Ingrid Holmes led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson (arrived at 1:45 p.m. during presentation of Item 1 on the regular agenda), Cokinos, Davis, and Patterson . Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. Presentations and Recognition One proclamation was issued: "National Drunk and Drugged Driving Prevention Month," December, 1997. *Public Comment: Citizens were invited to comment on the consent and main agendas. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the regular meeting held December 9, 1997; * Confirmation of committee appointments - No appointments made A) Authorize a payment ($34,800) to Compu-Tech, Inc., for upgrading various software programs Resolution No. 97-317 B) Accept a Sanitary Sewer Easement and a Water Line Easement (Cathedral in the Pines Christian Center, Inc., 1.116 acres out of Daniel Easley Survey, Abstract 20) - Resolution No. 97-318 C) Authorize the release of weed liens filed against Lots 1 through 18, Block 9 of the Oakwood Addition ($972.07, Habitat for Humanity Beaumont) - Resolution No. 97-319 D) Authorize a pole use agreement with Southwestern Bell - Resolution No. 97-320 E) Authorize the settlement of lawsuits and claims - Resolution No. 97-321 (Sarah Bertrand v. City of Beaumont, $5,000) and Resolution No. 97-322 (Carlos Johnson, $6,800) F) Approve a contract for the rehabilitation of Loeb Water Well Number Two (Layne Texas, Inc., $33,022) - Resolution No. 97-323 G) Approve the transfer of the contract for operation and maintenance of the Henry Homberg Municipal Golf Course (Andy Hebert, effective January 1, 1998) - Resolution No. 97-324 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Cokinos, Davis, and Patterson Noes: None GENERAL BUSINESS 1. Consider approving amendments to Chapter 6 of the Code of Ordinances relating to the Building Code (Councilmember Goodson arrived at 1:45 p.m.) Councilmember Smith moved to approve Ordinance No. 97-66 ENTITLED AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF BEAUMONT TO REGULATE TEMPORARY ELECTRICAL SERVICE AND ELECTRICAL BONDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Minutes;12/16197;Page 2 Noes: None 2. Consider approving a contract for the Folsom Drive Pavement Widening Project Councilmember Goodson moved to approve Resolution No. 97-325 authorizing a contract with Norman Highway Constructors, Inc. in the amount of $1,324,455.93 for the Folsom Drive pavement widening project. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider approving the purchase of vehicles through the State of Texas Cooperative Purchasing Program for use in various City departments Mayor Pro Tem Ames moved to approve Resolution No. 97-326 authorizing purchase of thirty-three (33) vehicles through the State of Texas Cooperative Purchasing Program in the amount of $582,850.00 . Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider approving Change Order Number Two and a final payment for the Wastewater Treatment Facility Improvements contract Councilmember Cokinos moved to approve Resolution No. 97-327 authorizing Change Order No. 2 in the amount of$201,900 and final payment in the amount of$249,512.25 to Crain Brothers, Inc.. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider approving the purchase of software modules for use in the Cash Management Division/Finance Minutes;12 H 6197;Page 3 Mayor Pro Tem Ames moved to approve Resolution No. 97-328 authorizing purchase of Cash Receipts and Accounts Receivable software modules from HTE, Inc. in the amount of$113,197. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 6. Consider approving a change order and a final payment related to the contract for construction work on Landfill Cell No. 1 Councilmember Smith moved to approve Resolution No. 97-329 authorizing Change Order No. in the amount of$2,711.85 and final payment in the amount of $51,635.59 to Canoma Construction Company. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 7. Consider approving the acquisition of property for use as a future fire station site. Councilmember Patterson moved to approve Resolution No. 97-330 authorizing acquisition of 1.366 acres out of Tract 3-13, City Tax Plat B-5, J. W. Bullock Survey, Abstract 7 from South Park Baptist Church in the amount of$25,000. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 8. Consider a one-year renewal contract with Carolyn G. Chaney & Associates, Inc. to act as the City of Beaumont's Washington Assistant Councilmember Smith moved to approve Resolution No. 97-331 authorizing renewal of the contract with Carolyn G. Chaney&Associates, effective January 1, 1998 through December 31, 1998. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Davis, and Patterson Noes: Councilmember Cokinos Minutes;12/16197;Page 4 9. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders Ordinance No. 97- 67 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR;PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY was introduced: The twenty-five (25) below listed dilapidated structues are found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 5060 Chambers - Annie Rose Guidry, owner; 4455 Cleveland (garage apartment) - Mary F. Allen, owner; 505 Delaware - Judith Carver, owner; 3516 Edmonds - Edward Vilce, owner; 3230 Highland - Jefferson County, owner; 3835 Highland and 3980 Highland - Raymond Egland Estate, owner; 5475 Highway 105 (shed) - William Travis & Roy Brown, owners, 1883 Liberty and 1883 Liberty (rear garage apartment) - Paul El Verret Estate, owner; 2198 Liberty - Katherine Klein, owner; 2268 Liberty - 0. J. Hayes, owner; 2350 S. 9th - Algene West Bossette, owner; 2405 Primrose (garage) - Gerald W. Bailey, Jr., owner; 1027 Prince - Harris N. Taylor, owner; 1035 Prince (main structure) - Harris N. Taylor c/o Angela Bell, owner; 3673 St. James-John Redeaux, owner; 2019 South -Jefferson County, owner; 7585 Tram - Charlene Collier, owner; 3105 Washington Blvd. - St. Julian Overton c/o Linda Adams, owner; 4445 Cleveland - Mary F. Allen, owner; 4575 Hartel - Judith L. McIntire, owner; 2250 Laurel - Lester C. Tanton, owner; 2278 Liberty - Lothell Gibson, Attn: Lester Tanton, owner; and 1035 Prince (rear apartment) - Harris N. Taylor, owner; each with twenty-five (25) violations and Staff recommendation to raze within 30 days. It has been determined that the structures listed below meet the definition of a dangerous structure and have deteriorated such that they are no longer considered suitable for repair. The owners have been notified but failed to take any action. The Clean Community Division of the Central Services Department is requesting authorization to demolish these structures in accordance withthe Dangerous Structure Ordinance without previous order and charge the property owners with the cost of demolition. The addresses are: 887 Arabella, 1450 edar, 2612 Magnolia and 1360 Pipkin. The seventeen (17) below listed structures have been condemned by City Council and the owners ordered to either raze or repair them within specified time frames. Reinspection of these structures have revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of demolition. Minutes;12/16197;Page 5 995 Avenue B, 1545 Burt, 4490 Ector, 4490 Ector (garage), 563 Euclid, 565 Euclid, 275 Fletcher, 430 Fletcher, 2560 Hegele, 500 Jackson, 2250 Leight, 5260 Roberts Road, 2655 Sycamore, 865 Villiva Lane, 875 Villiva Lane (sheds), 895 Villiva Lane and 899 Villiva Lane. The public hearing was opened at 2:08 p.m. Mrs. Algene Bossette, 2360 South 9th, requested additional time to rehabilitate the structure at 2350 South 9th Street. Mrs. Bossette said her husband has been ill, and they need more time to make the necessary repairs to the structure. Mayor Moore advised Mrs. Bossette to visit the Clean Community Division and develop a work schedule, and Councilmember Smith recommended that Mrs. Bossette consider roof and foundation replacement costs and other necessary repairs to determine the cost effectiveness of rehabilitating the structure. Ms. Carolyn Sue Poole, on behalf of Amy Lynn Verrett, requested additional time for the structures at 1883 Liberty to either be sold or rehabilitated. She said that the property may be in the historic district, that Ms. Verrett is presently taking college finals and needs time to make decisions. Planning Director Steve Richardson confirmed that the structures are outside the historic designation. Mr. Alfred Kountz, 1620 Euclid, addressed Council to complain about a dilapidated structure at Avenue C and Euclid and inquire about the status of owner notification of the demolition procedure. Mayor Moore told Mr. Kountz that this structure is not being considered today, but with the information presented, staff will look at the structure and follow up with the necessary steps. Ms. Annie Rose Guidry, 5260 East Parkway, requested additional time for rehabilitation of the structure at 5060 Chambers and reported that a utility pole has been installed. Mayor Moore instructed Ms. Guidry to make an appointment with Pam Loiacano in the Clean Community Division to establish a consistent work program. The public hearing was closed at 2:20 p.m. Ordinance No. 97-67 was amended to delete structures at 5060 Chambers, 1883 Liberty, 1883 Liberty (rear garage apartment), and 2350 South 9th Street from Section 1 of the ordinance ordering raze to allow opportunity to establish a work program on a motion made by Councilmember Smith. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Minutes; 12/16/97;Page 6 COMMENTS * Councilmembers comment on various matters: Councilmember Davis thanked Pastor John Adolph for remaining for the entirety of Council after giving the invocation. Councilmember Goodson commented that, excluding property owners that spoke today, he feels that some people are using the dilapidated structure work program to delay finishing the rehabilitation process. He suggested revisiting the basics of the program, look at stricter limitations, give the department more tools with which to work, establish specific benchmarks to systematically monitor rehabilitation progress and give more teeth in the ability of staff to insure completion of the program. Mayor Moore suggested the possibility of establishing monthly or weekly progress reporting requirements to the Clean Community Division after a work program has been entered into for rehabilitation of dilapidated structures. Councilmember Smith reminded everyone that the HEB Pantry Foods Feast of Sharing will be held Friday from 3:00 p.m. to 7:00 p.m. at the Civic Center. * Public Comment (Persons are limited to 3 minutes--Public comment received today after workshop presentation.) Mr. Mark Williford, 6395 Westgate, addressed Council to state that he has reviewed the packet which says that if three secondary impacts regarding crime, health conditions, or decreasing property values is established, the ordinance will stand. He expressed views regarding ranking of sexually oriented businesses on a grid, said there was almost a 50% increase in calls from 1993 to 1996, said the grid failed to include prostitution that could prove valuable as statistics, commented about unbiased appraisals, health issues, five cases of prostitution at Boudreau's, said 71% of the syphilis cases in Jefferson County occurred in Beaumont and said more statistical analysis should be made to support the argument for the ordinance. (Mr. Frank Gaddis, 1111 Ivy,--did not identify himself) distributed copies to Council of the answer received from the Public Works Department regarding his request last week for sidewalks in his neighborhood to be placed at the curb. Mr. Gaddis said that before large projects are begun, the affected citizens should be consulted and gave City Manager Riley a letter to forward to Traffic Engineer Jim Cline. Mr. Allen Lee, 5095 Maddox, addressed Council to state that he is writing an article for the Beaumont Enterprise entitled "Small Towns, Small Minds," said he wants an answer Minutes;12 A 6197;Page 7 regarding term limits, spoke of an article printed in The Ladies Home Journal about Beaumont, claimed Texas Commerce Bank and its president to be racist and said he would be asking for various documentation of the City's contract with Texas Commerce Bank and will be in touch with the FDIC, and closed with comments about land pollution in the Charlton Pollard area. WORK SESSION * Discuss regulation of adult entertainment uses City Attorney Lane Nichols introduced information gathered by City staff in a study regarding formulation of an ordinance regulating sexually oriented businesses attached as Exhibit uA." Mr. Nichols stated that in the investigation, he discovered that a valid city ordinance should be directed at negative secondary affects of the sexually oriented business that can occur in a community, not at expressive content of the activity, and establish spacing requirements to provide adequate property for the expressive conduct. He briefly discussed crime, health, property value issues and zoning and said that legally, a range between 2-5% of the property in the city should be available for this type of activity, to avoid being constitutionally suspect. Planning Director Steve Richardson reviewed a study performed by his office attached as Exhibit uB." Mr. Richardson discussed how established locational parameters would impact the location of sexually oriented businesses, any significant crime statistics in areas with or without sexually oriented businesses and if the sexually oriented businesses are directly related to a decrease in the value of surrounding properties. Lieutenant Jimmy Singletary of the Police Department's Narcotics and Vice Unit spoke in general terms about crime occurrences resulting from operation of sexually oriented businesses. He said specific details could eventually interfere with enforcement by their department. He said prostitution and an exchange of drugs for sex occurs, that public access to the cubicles is denied and they want police officers to be able to observe the activities on regular patrol. He explained that there are two types of establishments—clubs and adult bookstores. In the clubs, there are violations of the prostitution act and security guards are present to keep patrons safe and the police out. These clubs make it very difficult for police enforcement. The adult bookstore is a second type of establishment that caters to another segment of clientele. These establishments are unsanitary and unkept. He said passage of an ordinance could enable enforcement. Public Health Director Ingrid Holmes' memo attached as Exhibit "C" was furnished to Council. She did not contribute any additional remarks, but was available to answer questions. Council questions and discussion included licensing of businesses and employees, number of cases filed and judgments rendered against Boudreau's by Jefferson County, clubs Minutes;12116197;Page 8 grandfathered outside the proposed gold areas on the map designated for sexually oriented businesses, possibly extending footage distance regulations, zoning designations and increased residential construction on Walden Road, Brooks Road and the surrounding area, a possible further study, and components of an enforceable ordinance. Council consensus was to bring back a proposed ordinance in a workshop session at the next regular meeting after Christmas. EXECUTIVE SESSION *Executive Session in accordance with Section 551.0071 of the Government Code to discuss contemplated or pending litigation: Claim of Southwestern Bell Announcement was made that the executive session was canceled. There being no further business, the meeting adjourned at 3:32 p.m. to reconvene in executive session. Mayor David W. Moore "qm A",,& Patrice Fogarty, dity Cle Minutes;12!16197;Page 9 QIq ATER-OFFICE MEMORANLJUM A IL City of Beaumont, Texas City Attorney's Office Date: December 12, 1997 To: City Council From: Lane Nichols, City Attorney Subject: Regulation of Sexually Oriented Businesses COMMENTS The City Council has directed this office to research and investigate whether municipal regulation of sexually oriented businesses (SOB) is legally permissible and if so, what sort of regulations are needed. Reasonable regulation of SOB's directed only at the negative, secondary effects of such businesses and not at the content of any expressive conduct occurring within the businesses (which is protected by the First Amendment of the United States Constitution) have been upheld in courts throughout the United States. An ordinance such as this is referred to as a "content neutral" ordinance which means it does not intend to regulate the content of the dancing or other expressive conduct occurring on the premises of the SOB. In order to establish the need for such regulations in Beaumont, the Council can consider studies of negative, secondary effects of SOB's from other jurisdictions, local conditions, personal knowledge, information from citizens, information from law enforcement, information from public health facilities and other such sources. The City has already determined that SOB's possess unusual nuisance characteristics which can be incompatible with other commercial or residential land uses. This finding was made in legislative form at Section 30-33(b)(2) of our Code of Ordinances (Zoning). The City has zoned SOB's —referred to in the zoning ordinances as Adult Entertainment Uses (AEV's) -- into light and heavy industrial zones and commercial manufacturing zones as a matter of right. AEV's are allowed in General Commercial-Multiple Dwelling districts only with a specific use permit. AEV's are categorized as a Special Use and are prohibited within 500 feet of a residential zoning district, 300 feet of another AEV, bar, pool hall or liquor store or within 750 feet of the property line of a church, school or public park. Additionally, Planning has completed a study of land available for SOB's making some assumptions on spacing. Specifically, they looked at the spacing adopted by Jefferson County in their regulation of SOB's. The Planning study leads us to recommend that the spacing currently used in our zoning ordinance should be retained. EXHIBIT "A" Pate: December ' 1997 To: City Council From: Lane Nichols, City Attorney Subject: Regulation of Sexually Oriented Businesses Page 2/3 The Planning study also examined calls for police service and property value issues. Unfortunately, the available statistical data on police calls was inadequate to allow any conclusion concerning criminal activity resulting from SOB's. Local appraisers had no opinion on how SOB's might effect surrounding property values because there was no statistical data to support either an increase or decrease in values of both commercial or residential property values surrounding SOB's within the City. However, studies from other cities and common sense seems to suggest that the proximity of such businesses would reduce property values of most businesses and all residential property. If Council believes that the health, safety and welfare of the City would be improved by a time, manner and place regulation of SOB's, such regulations usually include the following areas: 1. Zoning 2. Amortization of uses that are illegally located 3. Licensing of businesses and employees 4. Requiring open booths and other interior requirements 5. Hours of operation 6. "No touching" requirements Since Beaumont presently has zoning, additional zoning regulations, changed distance requirements and amortization of uses are unnecessary. Licensing of businesses has been universally upheld so long as the issuance of the license is not subject to any discretion on the part of the issuer. If a permit is denied, the denied applicant must be afforded the right to swift judicial review of the denial. The purpose of the license is not to condone the activities or the materials available within the business, but to allow accountability concerning operation and ownership of the business. The licensing of employees also allows the identification of those persons should police activity become necessary. Closed booths or cubicles should be prohibited. We recommend that the regulations prescribe interior configuration of the SOB's to assure that all areas within the facility to which patrons have access are open and visible. Additionally regulations should prohibit the nudity of patrons, prohibit sex acts, prohibit discrimination, require minimum lighting, require that patron areas be cleaned regularly and maintained in a clean state and require solid partitions between patron areas. It is lawful and might be appropriate to also limit hours of operation. If so, the hours of .operation of bars under the State Alcoholic Beverage Code might be the appropriate standard. Courts have held that the constitutionally protected expression of nude dancing does not include the right of the dancer and the patron to touch. Therefore, we would recommend that Date: December 12, ' -7 To: City Council From: Lane Nichols, City Attorney Subject: Regulation of Sexually Oriented Businesses Page 3/3 a no-touch rule also be established and that its enforcement be assisted by imposing a six-foot distance requirement between the dancers and the patrons and by requiring the dancers to remain on an elevated stage. Obviously, the ordinance will contain other provisions designed to allow its administrative enforcement for licensing purposes and provide adequate constitutional safeguards for the businesses to be regulated. These proposals have been reviewed with the police department, and they support the enactment of these regulations. Attached to this memo is the Planning Study. We have also included summaries of secondary effects studies from other cities and a report from our Health Department. Lane Nichols LN:cg Attachments SEXUALLY ORIENTED BUSINESS REGULATION STUDY 12/10/97 Purpose of the Study This study,conducted by the City Planning Division in October/November of 1997,investigated the following questions: 1)How locational parameters established by the City and the County would impact the location of Sexually Oriented Businesses(SOB's)if applied within the City; 2)Whether or not crime statistics show any significant differences for similar type areas with and without SOB's; and 3)Whether or not SOB'S are directly related to a decrease in the value of surrounding properties. The first question was addressed by determining the total amount of property currently available for the development of SOB'S within the City using both city and county ordinance criteria. This data was then analyzed to identify how these two regulatory approaches differ when applied within the City. The second question was addressed by examining two different groups of crime statistics. First,the number of calls for police service within a specified area was examined to determine any significant differences in the number of calls for service between areas with and without SOB's. Second,a list of addresses ranked by number of calls for service was used to determine whether SOB'S have more or less calls for service than other addresses within the city. The third question was addressed by the professional opinions of real estate appraisers within the City. Property Available for the Development of SOB's Available land,according to this study,has been defined as those parcels of land which meet zoning and distance requirements,which are currently vacant or have a vacant structure on them,and have access to city streets and utilities. The following is a discussion of the various criteria used to identify property within the City of Beaumont which is currently available for the development of SOS's. Zoning District: SOB's are permitted by right in HI (Heavy Industrial),LI (Light Industrial), and CM (Commercial Manufacturing) zoning districts. Those districts which allow SOB's only with a specific use permit(GC-MD and CBD)were not included in this study. Distance Requirements: SOB's must be located a specified distance from various land uses. In this study,properly zoned property was applied to both City and County distance requirements (See Table 1). Distances were measured from property line to property line. I EXHIBIT "B" SEXUALLY ORIENTED BUSINESS REGULATION STUDY 12/10/97 Table 1: Distance Requirements For Proposed Sexually Oriented Business Distance from City Of Jefferson County Beaumont Residential Zoning Districts 500 ft. 100 ft. Schools 750 ft. 1500 R. Public Parks 750 ft. 1500 ft. Churches 750 ft. 1500 ft. Hospitals, Child Care N/A 1500 ft. Facilities,Public Buildings Bars,Pool Halls 300 ft. N/A Other SOB'S 300 ft. Not more than two SOB'S can be located within 2000 ft. of a proposed property. Penal Institutions N/A 1 Mile Vacant Land: Although there is a great deal of property which meets zoning and distance criteria,not all of this land is currently available for development because the properties are currently in use. Available land, according to this study, has been defined as those parcels of land which are currently vacant or have a vacant structure on them. This does not include undeveloped parcels of land which are designated as flood%vay or wetlands. It is important to note,however, that any used property can at any time become available. If all parcels of land which meet zoning and distance criteria,regardless of vacancy, were included in our total amount of available land, then the amount of such land would increase significantly. Street Access and Utilities: The property must have access to city streets and utilities in order to be available. Large undeveloped parcels of land,such as those existing in the southwest area of the city, which have no street access or city utilities are not considered as available in this study. SEXUALLY ORIENTED BUSINESS REGULATION STUDY 12/1097 Table 2: Total Amount of Land Available for the Development of SOB's meeting both City and County Ordinance Criteria Acreage Square Miles Percentage of Total Area of the City (sq. miles)* City Ordinance 1097.14 1.71 2.0 County Ordinance 167.52 .26 .30 Difference 929.62 1.45 *Note:Total square miles of the City of Beaumont includes all land;developed and undeveloped. A large difference in the total acreage of available land is evident between the city and county ordinance criteria mainly due to the differences in distance regulations. For example, when using the county ordinance criteria, distance requirements from a residential dwelling district were increased from 500 feet to 1500 feet. It is estimated that the county ordinance reduces the amount of land that is currently available under the city ordinance by approximately 85%. It has been suggested in"Planning And Zoning:An Overview Of The Law"by Mark S. Houser and Terrence S. Welch,that a municipality should allow 5%of its total developable land area available for the development of SOB's. However, that 5%does not require that available land have street or utility access as does this study. It is also important to note that the total land area of the entire city used for comparison in the above table includes undevelopable land such as wetlands and floodways,as well as occupied property. If that undevelopable land was subtracted from the total land area of the city,the percentage of land available for SOB's(2.1%)would increase. A further increase would occur if available land was not required to have street access and city utilities. Crime Statistics of Areas Containing SOB's The second portion of this study attempted to determine any differences in the incidence of crime between areas with and without SOB's using crime statistics supplied by the Beaumont Police Department. The first statistics used in this study consisted of the total number of major calls for service for the years 1993 through 1996 within an area specified by the Police Department called a grid (approximately 138 acres). Major calls included assaults,burglary,auto burglaries,homicide,kidnaping,motor vehicle theft,robbery,sexual assault,and thefts. The total number of major calls in 1996 from grids which contained at least one SOB were compared with selected grids that did not contain SOB's in order to determine any substantial differences in the number of calls per grid. The five grids which contained SOB's had common characteristics such as nearness to major thoroughfares,high traffic count and an absence of single family housing. When selecting grids with no SOB's, an attempt was made to select grids in different parts of the City with similar characteristics as the five SOB grids. Six grids in commercial areas with bars and six grids in commercial areas with no bars were selected. Also,six grids in single family residential areas were randomly chosen for control purposes. All 23 grids were 3 SEXUALLY ORIENTED BUSINESS REGULATION STUDY 12/10:97 ranked according to the highest number of calls in 1996(See Table 3). The top four ranked grids included three commercial areas with no bars and one residential area. The highest ranked SOB grid(ranked nth)contained three SOB's and two bars. The other SOB grids,each with one SOB,ranked 11th, 12th, 22nd, and 23rd out of 23 grids. The results showed no substantial evidence that grids containing SOB's had a greater or lesser number of calls than those without SOB's. The fact that far more calls were received by the grid containing three SOB's than the other SOB grids can not directly lead to the assumption that a concentration of SOB's in one area leads to a greater number of calls for service. Inspection of the statistics for the city as a whole indicated that some areas within the city had more calls for service than others possibly due to factors such as a large concentration of businesses,large traffic count or a large number of multi-family housing units. For example,the Parkdale Mall area had the greatest number of calls for the entire city. Therefore, a grid which contains more or larger businesses, more traffic, or more population would potentially generate more calls than would a grid with smaller businesses,less traffic and less population. As shown in Table 3, the highest ranked grids included large commercial areas with a great deal of traffic. Perhaps this is an explanation of Nvliy the grid containing three SOB's had more calls than the other SOB grids. The total change in the number of calls of a specific grid from 1993 to 1996 was also determined(See Table 3). Upon examination,the grids containing SOB's did not experience any significant gain or loss in the number of calls from 1993 to 1996 with the exception of the fifth ranked grid mentioned above. This grid experienced a gain of 62 calls in 1996 as compared to 1993. However,the number of calls in 1996 was down from the number in 1994 and 1995). In order to explain this finding,the addresses in 1993 for the entire grid were compared to the addresses in 1996. Both sets of addresses consisted of potential generators of calls for service including two bars,warehousing and light industrial uses,one convenience store, two apartment complexes and a few single family residences. The only significant difference between 1993 and 1996 was that only two SOB's were located in this grid in 1993 as compared to a total of three SOB's in 1996. It vas decided that a different group of statistics would be needed to make a better determination of the effect, if anv,of SOB's on crime statistics. The second group of crime statistics used in this study consisted of specific addresses with 10 or more calls for service from November 10, 1996 to November 12, 1997. These statistics were used to determine whether SOB's had more or less calls than other addresses within the City. The addresses with the highest number of calls included large commercial establishments,convenience stores and multi-family residences. Also included in the list were a few bars and nightclubs. However,out of 144 addresses,the list did not contain any SOB's and presented no evidence that SOB's have more calls for service than other addresses within the City. SOB's Effect On Values of Surrounding Properties Several real estate appraisers%vithin the City of Beaumont were interviewed in order to determine whether or not SOB's result in an increase or decrease in the value of surrounding properties. All appraisers stated that there was no statistical evidence to support either an increase or a decrease in values of both commercial or residential property surrounding SOB's within the City. 4 12/10/97 TABLE 3: MAJOR CALLS FOR SERVICE WITHIN SELECTED GRID TYPES RANKED BY NUMBER OF CALLS IN 1996 Rank Grid Type Number General Location 1996 1995 1994 1993 '93 to '96 Chan e 1 K8-H3 Commercial College at Eleventh 284 357 389 485 -201 2 V9-G2 Commercial Stadium Shopping Center 241 247 343 368 -127 3 M3-M7 Commercial Calder at 23rd 176 152 215 210 -34 4 M9-K2 Residential Laurel at 8th 163 157 168 233 -70 5 V9-K6 SOB (3 SOB's, 2 bars) M.L.K south of Cardinal 147 168 150 85 62 6 K8-G3 Commercial Gateway Shopping Center 141 112 151 161 -20 7 K8-H7 Bar/Commercial (2 bars) Irving St. 132 113 138 185 -53 8 M3-P5 Bar/Commercial (1 bar, 1 I.s.) College at Langham 128 114 136 169 -41 9 C4-03 Residential Wilson at Detroit 126 93 103 143 -17 10 M9-H1 Bar/Commercial (2 bars) 11th St. 125 76 126 105 20 11 V9-J5 SOB (1) M.L.K. north of Florida 121 101 126 133 -12 12 M3-P6 SOB (1) College west of Wendelin 114 148 123 106 8 13 V9-J4 Residential University at Alabama 99 59 74 91 8 14 08-1-14 Bar/Commercial (2 bars) Park at Forsythe 72 52 123 134 -62 15 T2-G7 Bar/Commercial (2 bars) College at Pinchback 65 47 43 78 -13 16 A2-08 Commercial Hwy. 105 at Eastex 63 66 103 101 -38 17 C4-R3 Bar/Commercial (1 bar, 1 I.s.) 11th St. 57 60 85 92 -35 18 K8-G7 Bar/Commercial (1 bar) Irving St. 54 102 127 158 -104 19 M3-N7 Residential Bristol 46 53 71 55 -9 20 M3-P7 Commercial College at Delmar 45 65 61 76 -31 21 M3-1-6 Residential Circuit at Yount 39 28 41 26 13 22 A2-N9 Residential Avie at Donna 39 23 42 29 10 23 T8-13 SOB (1) Hilton Hotel Area 18 12 9 9 9 24 V9-K5 SOB (1) Veatch at Cardinal 5 3 5 7 -2 v SUMMARY OF STUDIES DOCUMENTING SECONDARY EFFECTS OF SEXUALLY ORIENTED BUSINESSES These summaries are edited from research provided by the staff of the National Law Center for Children and Families. Original copies of each study are available from the National Law Center or National Family Legal Foundation. 1. Phoenix,Arizona 8. Oklahoma City, Oklahoma 2. Garden Grove, California 9. Amarillo,Texas 3. Los Angeles, California 10. Austin,Texas - 4. Whittier, California 11. Beaumont,Texas 5. Indianapolis,Indiana 12. Houston,Texas 6. Minneapolis,Minnesota 13. Seattle,Washington 7. Cleveland, Ohio 14 TucS�,, Arixo µ PHOENIX,ARIZONA May 25, 1979 The study examined crime statistics for 1978, comparing areas which have sexually oriented businesses with those that do not. The results show a marked increase in sex offenses in neighborhoods with sexually oriented businesses, and increases in property and violent crimes as well. Three study areas (near locations of sexually oriented businesses) and three control areas (with no sexually oriented businesses) were selected. The study and control areas were paired according to the number of residents, median family income, percentage of non-white population, median age of population, percentage of dwelling units built since 1950, and percentage of acreage used for residential and non-residential purposes. Three categories of criminal activity were included in the study: property crimes (burglary, larceny, auto theft), violent crimes (rape, murder, robbery, assault), and sex crimes (rape, indecent exposure, lewd and lascivious behavior, child molestation). On average, the number of sex offenses was 506 percent greater in neighborhoods where sexually oriented businesses were located, In one of the neighborhoods the number was 1,000 percent above the corresponding control area. Of the sex offenses, indecent exposure was the most common offense and the largest contributor to the increase of crimes in areas where sexually oriented businesses were located. Even without considering the crime of indecent exposure the number of other sex crimes, such as rape, lewd and lascivious behavior, and child molestation, was 132 percent greater than in control areas without sexually oriented businesses. On average,the number of property crimes was 43 percent greater in neighborhoods where sexually oriented businesses were located, and the number of violent crimes was 4 percent higher in those areas. The Phoenix ordinance requires sexually oriented businesses to locate at least 1,000 feet from other sexually oriented businesses and 500 feet from schools or residential zones. Approval by the City Council and area residents can waive the 500 foot requirement. A petition signed by 51 percent of the residents in the 500 foot radius who do not object must be filed and be verified by the Planning Director. GARDEN GROVE, CALIFORNIA September 12, 1991 This report by independent consultants summarized statistics to determine whether adult businesses should be regulated because of their impact on crime, property values and quality of life. Statistics were measured from 1981 to 1990, and included crime data and surveys with real estate professionals and city residents. Garden Grove Boulevard, which has seven adult businesses, was selected as the study area. The study incorporated many control factors to insure accurate results. The report included a brief legal history of adult business regulation and an extensive appendix with sample materials and a proposed statute. Crime increased significantly with the opening of an adult business, or with the expansion of an existing business or the addition of a bar nearby. The rise was greatest in "serious" offenses (termed "Part P' crimes: homicide, rape, robbery, assault, burglary, theft and auto theft). On Garden Grove Boulevard, the adult businesses accounted for 36 percent of all crime in the area. In one case, a bar opened less than 500 feet from an adult business, and serious crime within 1,000 feet of that business rose more than 300 percent the next year. Overwhelmingly, respondents saicTthat an adult business within 200-500 feet of a residential and commercial property depreciates that property value. The greatest impact was on single family homes: The chief factor cited for the depreciation was the increased crime associated with adult businesses. Phone calls were made in a random sample of households in the Garden Grove Boulevard vicinity. The public consensus was that adult businesses in that area were a serious problem. Nearly 25%of the surveyed individuals lived within 1,000 feet of an adult business. More than 21 percent cited specific personal experiences of problems relating to these businesses, including crime, noise, litter, and general quality of life: Eighty percent said they would want to move if an adult business opened in their neighborhood, with 60 percent saying they "would move" or "probably would move." Eighty-five percent supported city regulation of the locations of adult businesses, with 78 percent strongly advocating the prohibition of adult businesses within 500 feet of a residential area, school or church. Women commonly expressed fear for themselves and their children because of adult businesses. The report concluded that adult businesses have a "real impact" on everyday life through harmful secondary effects and made four recommendations: (1) keep current requirement of 1,000 feet separation between adult businesses; (2) prohibit adult establishments within 1,000 feet of residential areas; (3) enact a system of conditional use permits for adult businesses with police department involvement in every aspect of the process; and(4)prohibit bars or taverns within 1,000 feet of an adult business. LOS ANGELES, CALIFORNIA June, 1977 The Department of City Planning studied the effects of the concentration of sexually oriented businesses on surrounding properties for the years 1969-75 (a time of proliferation for such businesses). The report focuses on five areas with the greatest concentration of these businesses (compared to five "control" areas free of them), and cites data from property assessments/sales, public meeting testimony, and responses from two questionnaires (one to business/residential owners within a 500 foot radius of the five study L y areas and a second to realtors/real estate appraisers and lenders). Crime statistics in the study areas were compared to the city as a whole. Also included: a chart of sexually Uu . oriented business regulations in eleven major cities, details of current regulations available under state/municipal law, and appendices with samples of questionnaires, letters, and other study materials. While empirical data for 1969-75 did not conclusively show the relation of property valuations to the concentration of sexually oriented businesses, more than 90 percent of realtors, real estate appraisers and lenders responding to the city questionnaires said that a grouping of such businesses within 500=1,000 feet of residential property decreases the market value of the homes. Also residents and business people at two public meetings spoke overwhelmingly against the presence of sexually oriented businesses, citing fear, concern for children, loss of customers and difficulty in hiring employees at non-adult businesses,and the necessity for churches to provide guards for their parking lots. More crime occurred where sexually oriented businesses were concentrated. Compared to city-wide statistics for 1969-75, areas with several such businesses experienced greater increases in pandering (340 percent),murder(42.3 percent), aggravated assault (45.2 percent), robbery (52.6 percent), and purse snatching (17 percent). Street robberies, where the criminal has face to face contact with his victim, increased almost 70 percent more in the study areas. A second category of crime, including other assaults, forgery, fraud, counterfeiting, embezzlement, stolen property, prostitution, narcotics, liquor laws, and gambling increased 42 percent more in the study areas over the city as a whole. The study recommended distances of 1,000 feet between separate sexually oriented businesses, and a minimum of 500 feet separation of such businesses from schools, parks, churches and residential areas. WHITIIER, CALIFORNIA January 9, 1978 After experiencing a rapid growth of sexually oriented businesses since 1969, the Whittier City Council commissioned a study of the effects of the businesses on the adjacent residential and commercial areas. At the time of the study, Whittier had I') "adult" businesses: 6 model studios, 4 massage parlors, 2 bookstores, and 1 theater. Utilizing statistics,testimonies,and agency reports,the study compared two residential areas and four business areas over a span of 10 years (1968-1977). One residential area was near the largest concentration of adult businesses, the other had no commercial frontage but was chosen because of similar street patterns, lot sizes and number of homes. For businesses, Area 1 had six adult businesses, Area 2 had one, Area 3 had three, and Area 4 had none. Two chief concerns cited in the report are residential and business occupancy turnovers and increased crime. After 1973, 57 percent of the homes in the adult business area had changes of occupancy, compared to only 19 percent for the non-adult business area. Residents complained of "excessive noise, pornographic material left laying about, and sexual offenders (such as exhibitionists) venting their frustrations in the adjoining neighborhood." Citizens also expressed concern about drunk drivers coming into the area Business Area 1, with the most concentration of adult businesses (6), experienced a 134 percent increase in annual turnover rate. Area'3, with three adult businesses at one location, showed a 107 percent turnover rate. Area 2 (with 1 adult business) had no measurable change and Area 4 (with no commercial or adult businesses) experienced a 45 percent decrease in turnover from similar periods. The City Council looked at crime statistics for the two residential areas for the time periods of 1970-73 (before adult businesses) and 1974-77 (after adult businesses). In the adult business area, criminal activity increased 102 percent (the entire city had only an 8.3 percent increase). Certain crimes skyrocketed (malicious mischief up 700 percent; all assaults up 387 percent; prostitution up 300 percent). All types of theft (petty, grand, and auto) increased more than 120 percent each. Ten types of crime were reported for the first time ever in the 1974-77 period. The Council's report recommended a dispersal type ordinance that prohibits adult businesses closer than 500 feet to residential areas, churches and schools, and 1,000 feet from each other. In addition,the study proposed a 1,000 foot separation from parks because of their use by citizens after normal working hours. Adult businesses would be given an 18- 36 month amortization period (if the change involved only stock in trade, a 90-day period was recommended). INDIANAPOLIS,INDIANA February, 1984 After a 10-year growth in the number of sexually oriented businesses (to a total of 68 on 43 sites) and numerous citizen complaints of decreasing property values and rising crime, the city compared six sexually oriented business "study" areas and six "control" locations with each other and with the city as a whole. The study and control areas had high population, low income and older residents. In order to develop a "best professional opinion," the city collaborated with Indiana University on a national survey of real estate appraisers to determine valuation effects of sexually oriented businesses on adjacent properties. From 1978-82, crime increases in the study areas were 23 percent higher than the control areas (46 percent higher than the city as a whole). Sex related crimes in the study areas increased more than 20 percent over the control areas. Residential locations in the study areas had a 56 percent greater crime increase than commercial study areas. Sex related crimes were 4 times more common in residential study areas than commercial study areas with sexually oriented businesses. Homes in the study areas appreciated at only half the rate of homes in the control areas, and one-third the rate of the city. "Pressures within the study areas" caused a slight increase in real estate listings,while the city as a whole had a 50 percent decrease, denoting high occupancy turnover. Appraisers responding to the survey said one sexually oriented business within one block of residences and businesses decreased their value and half of the respondents said the immediate depreciation exceeded 10 percent. Appraisers also noted that value depreciation on residential areas near sexually oriented businesses is greater than on commercial locations. The report concluded: "The best professional judgment available indicates overwhelmingly that adult entertainment businesses — even a relatively passive use such as an adult bookstore -- have a serious negative effect on their immediate environs." The report recommended that sexually oriented businesses locate at least 500 feet from residential areas,schools, churches or established historic areas. MINNEAPOLIS,MINNESOTA October, 1980 This report is divided into two sections: the relationship of bars and crime, and the impact of "adult businesses" on neighborhood deterioration. In the study, an "adult business" is one where alcohol is served (including restaurants) or a sexually oriented business (i.e. saunas, adult theaters and bookstores, rap parlors, arcades, and bars with sexually oriented entertainment). Census tracts were used as study areas and evaluated for housing values and crime rates. Housing values were determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 197475 and 1979-80. The study is strictly empirical and reported in a formal and statistical manner. The report concluded that concentrations of sexually oriented businesses have significant relationship to higher crime and lower property values. Other than statistical charts no statements of actual crime reports or housing values are included in the report. Thus, the lay reader has only the most generalized statements of how the committee interpreted the empirical data. The report recommended: (1) that=adult businesses be at least one-tenth of a mile (about 500 feet) from residential areas; (2) that adult businesses should not be adjacent to each other or even a different type of late night business (i.e., 24-hour laundromat, movie theaters); (3) that adult businesses should be in large commercial zones in various parts of the city (to aid police patrol and help separate adult businesses from residential neighborhoods). The report said "policies which foster or supplement attitudes and activities that strengthen the qualities of the neighborhoods are more likely to have desired impacts on crime and housing values than simple removal or restriction of adult businesses." CLEVELAND, OHIO August 24, 1977 This police department report is taken from information given by Captain Delau participating in a panel discussion at the National Conference on the Blight of Obscenity held in Cleveland July 28-29, 1977. The topic was "The Impact of Obscenity on the Total Community." Crime statistics are included for 1976 robberies and rapes. Areas evaluated were census tracts (204 in the whole city, 15 study tracts with sexually oriented businesses). At the time of the study, Cleveland had 26 pornography outlets(eight movie houses and 18 bookstores with peep shows). Their location was not regulated by city zoning laws. For 1976, study tracts had nearly double the number of robberies as the city as a whole (40.5 per study tract compared to 20.5 for other city tracts). In one study tract with five sexually oriented businesses and 730 people, there were 136 robberies. In the city's largest tract(13,587 people, zero pornography outlets)there were only 14 robberies. Of the three tracts with the highest incidence of rape, two had sexually oriented businesses and the third bordered a tract with two such businesses. In these three,there were 41 rapes in 1976 (14 per tract),nearly seven times the city average of 2.4 rapes per census tract The report concluded that "close scrutiny of the figures from the Data Processing Unit on any and every phase of the degree of crime as recorded by census tracts indicates a much higher crime rate where the pornography outlets are located." OKLAHOMA CITY, OKLAHOMA March 3, 1986 This study contained the results of a survey of 100 Oklahoma City Real Estate Appraisers. Appraisers were given a hypothetical situation and a section to comment on the effects of sexually oriented businesses in Oklahoma City. The hypothetical situation presented a residential neighborhood bordering an arterial street with various commercial properties which served the area A building vacated by a hardware store was soon to be occupied by an "adult" bookstore. No other sexually oriented businesses were in the area and no other vacant commercial space existed. With less than a one month response time, 34 completed surveys were received by the city. Thirty-two percent of the respondents said that such a bookstore within one block of the residential area would decrease home values by at least 20 percent. Overwhelmingly, respondents said an "adult" bookstore would negatively affect other businesses within one block (76 percent). The level of depreciation is greater for residents than businesses. The negative effects on property-values drop sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 86 percent of the respondents noted a negative impact of sexually oriented businesses on Oklahoma City. Frequent problems cited by the appraisers included the attraction of undesirable clients and businesses, safety threats to residents and other shoppers (especially children), deterrence of home sales and rentals, and immediate area deterioration(trash, debris,vandalism). Oklahoma City's findings supported results from other national studies and surveys. Sexually oriented businesses have a negative effect on property values, particularly residential properties. The concentration of sexually oriented businesses may mean large losses in property values. BEAUMONT,TEXAS September 14, 1982 This report by the city Planning Department encouraged amendments to existing "adult business" ordinances to include eating or drinking places featuring sexually oriented entertainment (strippers, etc.). Zoning laws required "adult uses" to locate 500 feet from residential areas; 300 feet from any other adult bookstore, adult theater, bar, pool hall or liquor store; and 1,000 feet from a church, school, park, or recreational facility where minors congregate. Police verified that bars, taverns, and lounges (especially those with sexually oriented entertainment) are frequent scenes of prostitution and the sale/use of narcotics. On the whole,all criminal activity was higher at sexually oriented businesses. The report recommended: (1) adding eating/drinking places that exclude minors (under Texas law),unless accompanied by a consenting parent,guardian or spouse,to list of protected uses; (2) require specific permits for areas zoned as General Commercial - Multiple Family Dwelling Districts; and (3) reduce the required distance of sexually oriented businesses from residential areas, schools, parks, and recreational facilities from 1,000 to 750 feet. HOUSTON,TEXAS November 3, 1983 Report by the Committee on the Proposed Regulation of Sexually Oriented Businesses determined the need and appropriate means of regulating such businesses. Four public hearings provided testimony from residents, business owners, realtors, appraisers, police, and psychologists. The committee and legal department then reviewed the transcripts and drafted a proposed ordinance. More hearings obtained public opinion on the proposal and the ordinance was refined for vote by the City Council. The testimony was summarized into six broad premises: 1. The rights of individuals were affirmed. 2. Sexually oriented businesses can exist with regulations that minimize their adverse effects. 3. The most important negative effects were on neighborhood protection,commuiilty enhancement, and property values. 4. Problems increased when these businesses were concentrated. 5. Such businesses contributed to criminal activities. 6. Enforcement of existing statutes was difficult. The proposed ordinance: (1)required permits for sexually oriented businesses(non- refundable $350 application fee); (2) imposed distance requirements of 750 feet from a church or school, 1,000 feet from other such businesses, and 1,000 feet radius from an area of 75 percent residential concentration; (3) imposed an amortization period of six months that could be extended by the city indefinitely on the basis of evidence; (4) required revocation of permit for employing minors (under 17), blighting exterior appearance or signage, chronic criminal activity (three convictions), and false permit information; and (5) required age restrictions for entry. SEATTLE,WASHINGTON March 24, 1989 The report concerned a proposed amendment to add topless dance halls to existing land use regulations for "adult entertainment establishments." Seattle had eight such dance halls (termed "adult cabarets"), six established since 1987. The study relied on reports from a number of cities, including Indianapolis,Los Angeles,Phoenix,Austin and Cleveland. The increased number of cabarets resulted in citizen complaints, including phone calls, letters (from individuals and merchant associations), and several petitions with hundreds of signatures. Protests died decreased property values; increased insurance rates; fears of burglary, vandalism, rape, assaults, drugs and prostitution; and overall neighborhood deterioration. The report noted that patrons of these cabarets most often are not residents of nearby neighborhoods. Without community identity, behavior is less inhibited. Increased police calls to a business, sirens, and traffic hazards from police and emergency vehicles are not conducive to healthy business and residential environments. Since city zoning policy is based on the compatibility of businesses, the report recommended the cabarets locate in the sane zones as "adult motion picture theaters." This plan allows about 130 acres for such businesses to locate throughout the city. f 7y1 r310 F.02 1'wCLU XT MAYO% CnUNCIC WrTINd . JTE,M f EnT IIE wo. I Police Memorandum dated May 1, 1990 .Yj O t ` MEMORANDUM .t tzOM► DATE: May 1, 1990 TO: Mw. William Call FROK: Michael J. Leverenz � City Prosecutor Assistant Chief of Police Investigative services Ext. 4480 SUBJECT: ADULT ENTERTAINMENT ORDINANCE 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. BACxGROUND = In late 1986, the Police .Department receivad 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. Many 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 more money, the dancers would help the customer masturbate. Nearly all of the dancers engaged in sexually explicit conversation& 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 money was paid the customers Would be allowed to insert their fingers into the vagina ADULT ENTERTAINXENT OnINANCE 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 was a fifteen year old female. The business that she was 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 ,of a customer. In most cases these minors were �n 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 the 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 who went into these businesses that there was a problem with the sanitary conditions. Upon entering the viewing booths, investigators often found puddles of semen on the floors and/or hanging on the walls. 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 randoc 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 time 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 TO �7°15416 F.C° ADULT ENTERTAIIDONT ORDIM NCE Page 3 stage 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 of her vagina in order to make noise. As a result of arrangements that were easily made at these businesses, dancers were also arrested for performing sex shows and other acts of prostitution at other locations. NEED FOR A STRONGER ORDINANCE During the time 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 to 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 the 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 ENTERTAINMENT ORDSN"C2 Page 4 that the doors had to stay on. He 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 wording in the ordinance that require the. bottom of the doors to be raised to a height that would 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 an the booths under the following conditions: ADULT ENTERTAINMENT ORDINANCE Page 5 I. 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 circumvent the intent of condition $1 We feel that this compromise answers the privacy issues raised by Hr. 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. 0 QUILWi L City of Beaumont December 12, 1997 To: Lane Nichols City Attorney From: Ingrid Holme Public Health Direct Subject: Public Health Concerns Regarding Sexually Oriented Businesses COMMENTS Although the Public Health Department has no regulatory authority for sexually oriented businesses,there are general concerns regarding the spread of sexually transmitted diseases resulting from unprotected sexual activity as well as sex with anonymous and/or multiple partners. Further,the department previously employed outreach workers that provided HIV/STD preventive education services to such businesses with the assumption that risky behaviors occur; an assumption that is the focus of HIV/STD education programs across the country. On an average,more than 250 people per month are seen in the department's sexually transmitted disease clinic. Several of these clients have indicated that they either work in or frequently visit these businesses. Although Beaumont has seen a 62%decrease in syphilis morbidity since 1994, statistics indicate Beaumont accounts for more than 71%of all syphilis cases reported in Jefferson County for year-to-date 1997. Yet Beaumont's population accounts for about 50%of the total county population. While ranking 14th statewide in population, Jefferson County currently ranks 5th to counties such as Dallas, Harris, Tarrant and Travis in the number of reported HIV cases in the state and 8th in the number of reported AIDS cases in the state. Additionally,the case rate per 100,000 population of gonorrhea in Jefferson County is double the state's rate. This department is concerned with risky behaviors,no matter where they occur,that tend to exacerbate an already serious problem. Please contact me if any additional information is needed. IH/tb cc: Ray A Riley City Manager WP MC:HOLMESN1CHOLS.BUS Beaumont Public Health Department • (409) 832-4000 • Fax (409) 832-4270 P. O. Box 3827 • Beaumont,Texas 77704-3827 EXHIBIT "C"