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HomeMy WebLinkAboutMIN JAN 25 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE,MAYOR Guy N.Goodson,Mayor Pro Tern Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J.Patterson January 25,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on January 25,2000,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 Everett Forner, Cathedral in the Pines, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames(arrived at 2:38 p.m.), Samuel,and Patterson. Also present were: Stephen J. Bonczek,City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions *Public Comment: Persons may speak on scheduled agenda items. Citizen comment was invited on the Consent Agenda and Items 1 through 4 on the Regular Agenda. Mr.Ralph McBride,27 Sawyer Street,commended Council for their work on the proposed Sexually Oriented Business(SOB)ordinance,and outlined items he deems needing modification that include the minimum age of SOB employees,the minimum distance between patrons and dancers,the configuration of the businesses, prohibition of employee alcohol consumption, and licensing fees. Mayor Moore requested that continuation of citizen comments be deferred a few minutes to allow a presentation by the City's outside auditor. Mr. Gayle Botley of Gayle Botley and Associates, external auditor for the City of Beaumont, presented to Council a clean, unqualified opinion ofthe City's Comprehensive Annual Financial Report for the fiscal year ending September 30, 1999, and commended Finance Officer Beverly Hodges and Controller Paula Labrie. Mr. Botley commented that the unreserved portion of the General Fund balance increased from $6,948,025 in 1998 to $7, 822,420 in 1999, due to a combination of prudent management and monitoring. The City Manager expressed appreciation of Mr. Botley and his team, and Finance Officer Beverly Hodges said she is happy with the opinion and the report will subsequently be sent to the GFOA. Public comments resumed. Mr. Kerwin Stone, 390 Park Street,addressed Council as an attorney on behalf of four adult cabaret owners. He reported having good meetings with the City and Police Department staff. Mr. Stone spoke in favor of an ordinance that is more reasonable for cabarets, and said there have been no problems withe cabarets that would cause a need for tighter regulations. Mr. Stone asked City Council to defer enforcement of the ordinance for 60 days to allow additional meetings to discuss matters that could unjustifiably close cabarets and to revise definitions of specified criminal activities as it pertains to adult cabarets. Mr. Mark Williford, 6395 Westgate and Pastor Donny Flippo, Harvest Time Ministries, 4699 Calder, as representatives of the Family Value's Council addressed Council to add support to changing provisions of the proposed SOB ordinance regarding age of employees,the distance between employees and patrons, and licensing fees. Mr. Kent Chambers, 56 Avenue of the Oaks, addressed Council concerning the authority of the Council to adopt regulations and include matters within those regulations that would be constitutionally sound and statutorily acceptable,cited Section 243.001 b of the Local Government Code,which states"This chapter does not diminish the authority of a local government to regulate sexually oriented businesses with regard to any matters," cited Section 243.003a as stating that"a municipality can adopt ordinances deemed necessary to promote the public health, safety, or welfare,"cited 243.005 as stating that "a business is not exempt from regulation under this chapter because it holds a license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic beverage." Mr. Chambers stated that this gives Council the authority to adopt ordinances without yielding to the Alcoholic Beverage Code,and urged Council to increase the minimum age of a license holder to dance nude in front of patrons from 18 to 21 years of age, referred to the case of Robinson vs.the City of Longview,where Longview adopted an ordinance that prohibited semi- nude or nude dancing at any establishment where alcohol is served which was upheld by the Tyler Court of Appeals,because the Alcoholic Beverage Code does not preempt the authority of a local government entity to adopt regulations they deem necessary, so long as they are not in direct conflict with this code. Mayor Moore announced that Councilmember Ames has been delayed,said it is important that a full Council be present for the vote on Agenda Item No. 1 and requested that Council consider Agenda Item No. 1 after Councilmember Ames arrives. * Consent Agenda * Approval of the minutes of the regular meeting held January 18, 2000. * Confirmation of committee appointments: No committee appointments. A) Approve a contract with Southwestern Bell for the right to install and maintain public pay phones on real property owned by the City, including buildings and other structures - Resolution 00-24 B) Approve the acquisition of properties for the Concord Road Improvement Project (0.040 acre, A. Williams Survey(3880 Concord Road)from Mr. and Mrs.Hosain Ali; 0.035 ac,out of Lots 2 and 3, Blk 3, South Woodlawn Addition, from Mrs. Sara Melo; 0.011 ac, Lot 2, Blk 1, Cousins Second Addition (2379 Delaware Street), from Patricia Brosnahan) - Resolution 00-25 Minutes;January 25,2000;Page 2 C) Approve the acquisition of property for the construction of homes related to the Neighborhood Revitalization Project(Lot 19,Blk 7,Gold Hill Addition(2164 Pope Street),from Victor R.Idlebird, Hattie J. Idlebird, Wilson C. Idlebird, and Mildred H. Idlebird) - Resolution 00-26 D) Consider a resolution approving the Disadvantaged Business Enterprise (DBE) program for the Beaumont Municipal Transit(BMT) System and to execute the Objectives/Policy Statement for the MBE Program - Resolution 00-27 E) Approve the sale of City-owned surplus property (Lot 21, Frazer Place Addition, to Henry Adams, for the sum of$2,000)- Resolution 00-28 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None GENERAL BUSINESS 2. Consider approving a contract for the construction of the Franklin Street Widening Project Councilmember Samuel moved to approve Resolution No.00-29 authorizing a contract with Brystar Contracting, Inc., for the Franklin Street Widening Project. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None 3. Consider approving a contract with Freese and Nichols,Inc., for engineering services associated with improvements to the water production plant and raw water delivery system In response to Mayor Pro Tern Goodson's queries concerning the work schedule and construction completion,Public Works Director Mr.Tom Warner stated that overtime pay would be required after a 40-hour work week, said the construction will be completed within 15 months,the entire fee is not associated with the 15 month period just the fee associated with the construction specs which varies for the different projects. Mr. Warner said they feel comfortable that all can be completed. Councilmember Cokinos moved to approve Resolution No.00-30 authorizing a contract with Freese and Nichols,Inc.,for engineering services associated with improvements to the waterproduction plant and raw water delivery system.Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Minutes;January 25,2000;Page 3 Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None 4. A resolution approving the sale of Beaumont Wings,Inc. and an assignment agreement for the Fixed Base Operator's (FBO) contract at the Beaumont Municipal Airport was introduced In response to Mayor Pro Tem Goodson's inquiries,Central Services Director Kirby Richard reported that the sale has just come about within the last two weeks due to a recent illness of Mr. Don Lewis of Beaumont Wings,which did not afford enough time to meet with the Airport Advisory Committee. He furthered answered that the lease expires in 2005, said he has not obtained financial statements from Mr. Giarraputo and commented about Mr. Giarraputo's working relationship with Mr. Don Lewis,and his experience at the airport. He said that a financial statement will be obtained from Mr. Giarraputo, and the insurance policies will be transferred and maintained. Mayor Pro Tem Goodson moved to approve Resolution No. 00-31 approving the sale of Beaumont Wings, Inc., to Gary Giarraputo, Quality Aircraft Services, and authorizing the City Manager to execute an assignment agreement for the Fixed Based Operator's contract at the Beaumont Municipal Airport, contingent upon the receipt of financial statements. Councilmember Cokinos, seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None 5. PUBLIC HEARING: Consider a resolution to submit a grant application and execute a contract with the Federal Transit Administration(FTA)to receive Capital and Operating Assistance funds for the Beaumont Municipal Transit System The public hearing opened at 2:14 p.m. No citizens wished to speak. At the request of Councilmember Cokinos,Mr. Bill Munson, General Manager, Beaumont Transit, explained that every year, they apply for a operating grant from the Federal Transit Administration to fund 50%of the net operating deficit. Mr.Munson said their budget is projected to be$2.8 million for Fiscal Year 2000, approximately$500,000 is collected from bus fares,which leaves a net deficit of approximately $2.3 million. The federal grant would fund half of this deficit, and the other half coming from local shares. They also receive about$450,000 a year from the State,making the City's share around $650,000-$750,000. They have also applied for capital money to buy benches and shelters. In reply to Mayor Pro Tem Goodson's question regarding the type of shelters,Mr.Munson said they will purchase an umbrella type shelter with a center pole and circular seats around the pole. He said they anticipate this type of shelter helping eliminate graffiti problems currently experienced. The public hearing closed at 2:18 p.m. Minutes;January 25,2000;Page 4 Councilmember Cokinos moved to approve Resolution No. 00-32 authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive a Capital and Operating Assistance funds for the Beaumont Municipal Transit System.Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Samuel, and Patterson Noes: None Mayor Moore requested that the vote be taken again on the Consent Agenda because of an oversight. Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson, Councihnembers Smith, Cokinos, Samuel, and Patterson Noes: None Abstention: Mayor Moore 1. Consider adopting an ordinance regulating sexually oriented businesses in the City of Beaumont to replace the previous ordinance Ordinance No.00-10 ENTITLED AN ORDINANCE REPEALING ARTICLE VI OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW ARTICLE VI REGULATING SEXUALLY ORIENTED BUSINESS;PROVIDING FOR FEES;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY was introduced. City Attorney Lane Nichols, commented that in general he agrees with Mr. Chambers statements made during public comments, with the exception that he believes that an ordinance prohibiting employees between the ages of 18 and 21 would be in direct conflict with the Alcoholic Beverage Code, which says that a minor may possess alcoholic beverages while in the course of employment with a license. He said this issue was addressed while attempting to regulate the hours of package stores, and he would not recommend that the age of employees be changed from 18 to 21. Mr. Nichols directed Council to a 1997 presentation from the Legal Department to the Planning Division that was given to them before the Council meeting that included summaries of reports of negative secondary effects from other Texas cities, asked Council to take legislative notice that this was received, commented that this was the basis for the first 16 findings of fact that are in the SOB ordinance,and requested that a representative of the Police Department make a presentation regarding findings 17-22. Sergeant Ellison read a prepared statement to Council in support of the amended ordinance,attached as Exhibit A. He stated there have been numerous meetings with both sides that have concerns with this issue to discuss controversial areas. Where possible, everyone has met half way, and the Police Department feels this ordinance is the best possible solution. It is a reasonable ordinance for the owners; it is responsible to the public; and it is enforceable by the Police Department. Minutes;January 25,2000;Page 5 (Councilmember Ames arrived at 2:38 p.m. during discussion.) A lengthy discussion continued, and in response to statements and questions by Councilmembers, Sergeant Ellison stated that sexually oriented businesses are required to be at least 1500 feet from churches and synagogues,the distance between entertainers and patrons was changed from three feet to one foot because this is thought to be reasonable to the owners and responsible to the community. He said the ordinance will eliminate any closed areas and openings between the booths,and the Police Department is satisfied that the problems dealt with in the past have been adequately addressed,they are satisfied with enforcement guidelines provided by the ordinance,and said incidents of employees at an alcohol licensed establishment becoming intoxicated are rare. Councilmember Patterson thanked Sergeant Ellison,Chief Scofield and Police Department staff, City Attorney Nichols and Dean Johnson for the work that has been done on the ordinance, commented that she thinks that this ordinance is better than the previous one, said she is in support of the ordinance and ready to vote today. Councilmember Samuel asked for verification that the ordinance presented is the one worked on and agreed upon by the Legal Department,business owners and concerned citizens as being acceptable. City Attorney Lane Nichols stated that Council has letters from the Council on Family Values and from the adult cabaret representatives with remaining concerns. This ordinance is one that is recommended by administration as a result of meetings held with citizens and organizations on both sides of the issue. He stated it is a much better ordinance than the previously proposed ordinance,and said there are changes desired by both outside groups that administration is not ready to recommend. Sergeant Ellison stated that this ordinance has everything that the Legal Department has advised is legally permissible. It is not a perfect ordinance. It is an ordinance that the Police Department believes is enforceable,has everything that could be agreed upon by interested parties,and said there are areas that could not be agreed upon. In response to additional questions raised by Councilmember Goodson relating to signage and reasonable fees,City Attorney Nichols stated that off-premise signage is now regulated,which means that there will not be any billboards, and they have to meet the same size requirements, lettering and information. He said the proposed license fee is$500 initially and$300 for renewals,recognizing that in the first year new applicants could require more significant background investigations. These fees are justified by the man-hours spent by staff in making necessary reviews for licenses and renewals. Mr. Nichols stated that a higher fee for the individual employee license could be justified. The argument is made that the calls for service to these locations justify a higher fee. Administration has tried to recognize that in recent years there has been an increase in the cost of doing business. They looked at the hours spent in investigation and decided there was justification for a higher business fee. Because employees are paying their own fee, a higher fee was not proposed for them. Mr. Nichols said business owners did not have a problem with the proposed fees, and there was no real basis for a higher fee than the one presented. In response to Councilmember Ames request for clarification,City Attorney Lane Nichols stated that the adoption of a minimum age requirement of 21 years of age would weaken the ordinance because it would provide opportunity for the ordinance to be challenged. Sergeant Ellison stated that the Police Department wanted a distance factor to insure a no contact rule, said the one foot rule is Minutes;January 25,2000;Page 6 enforceable,yet reasonable to the business owners and reasonable to the entertainers who rely on tip income. Mayor Moore stated that this has been a drawn out process, but asked Council for any additional questions or statements that could add to the discussion. Attorney Kent Chambers expressed a desire to speak. Mayor Moore informed Mr.Chambers that usual procedure does not allow public comment at this time,but an exception for a single comment could be made if he feels his comments are worthy and could made a difference. Mr.Kent Chambers stated that the issue at hand is not an issue that has been addressed by the TABC with regard to a minimum age to obtain a license to work in a sexually oriented business. He said the statute in the Alcoholic Beverage Code does allow someone to serve alcohol when they are 18 years old, but said they are asking Council to change the age limit to obtain a license to do activity beyond serving alcoholic beverages, such as taking your clothes off in front of a bunch of inebriated men. He said the Council on Family Values is trying to prevent the adverse secondary effects of these businesses, and said it is a misconception to say that the Alcoholic Beverage Code would preempt Council's authority to raise the minimum age to 21 to entertain in these businesses because there is a difference between the minimum age to serve alcohol and the minimum age Council could adopt for licensees to dance. City Attorney Lane Nichols stated that his position has not changed. He said to do what is proposed, a person who could work at one of these businesses yesterday as a waitress or entertainer employees could not do that. He stated that it is allowed by the statute, and thinks the City would lose in a challenge. Mayor Moore thanked everyone for the amount of time spent on this issue, said local government is not a perfect process and no ordinance is going to be perfect, and thanked everyone for their collaborative effort to resolve this matter. He said the City Council must rely on the fact that they have paid staff and officials who bring information forward to protect the Council and to give them the tools necessary to perform their job. He said this will probably not be the end of discussion on this matter, the only constant is change, and things will be addressed as necessary. Councilmember Patterson moved to approve Ordinance No.00-10. Councilmember Smith seconded the motion. Before the vote was taken, Councilmember Cokinos requested that Mark Williford be allowed to speak, and Councilmember Samuel expressed his opinion that this would not be in compliance with normal procedures and would have to be extended to others in the future. Mayor Moore asked for a legal opinion,and Mr.Nichols responded that Council establishes its own ad hoc operating rules,and the will of the Mayor is appropriate. There was an expression from Councilmembers that if a specific question or a particular issue to be addressed, there would not be an objection, otherwise there has been a lengthy discussion, a motion and second has been made, and guidelines should be followed. Mayor Moore reviewed past policy and called a recess before the vote. Minutes;January 25,2000;Page 7 The Council meeting recessed at 3:07 p.m. and resumed at 3:12 p.m. with all members of Council present. Mayor Moore announced that in the effort of fairness, he is not going to open the floor to any level of discussion from the general audience. If Council has any additional questions,they may comment at this time. Councilmember Cokinos requested to make a motion to raise the minimum age from 18 to 21 for employees. Councilmembers Patterson and Smith stated that they do not desire to rescind their previous motion and second. Councilmember Ames commented that the ordinance was changed to read that an 18 year old could be an employee of an SOB,but not a patron, and stated that she has to respect the advice of the City Attorney and rules of the Alcoholic Beverage Code. Mayor Moore called for a vote on Ordinance No. 00-10. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Ames, Samuel, and Patterson Noes: Cokinos Councilmember Cokinos made a MOTION to amend the previous motion to change the minimum required age limit for employees of a sexually oriented business from 18 to 21 years of age. MOTION FAILED due to the lack of a second. COMMENTS * Councilmembers comment on various subjects Councilmember Smith commented that she is glad to have the sexually oriented business ordinance resolved, said she does not believe anyone has been denied the right to speak, Council has been very fair in hearing all sides of this issue, stated that Council can pass ordinances that will be very restrictive, but they must be enforceable, and commented that the City is totally self-insured. Councilmember Goodson commented that Council desires to make the city a good place to live,said this is an issue that is not easily agreed upon, and this ordinance is a living thing that must be continually reviewed. He said we must try to move forward as a community that is not trying to close businesses, and asked that the Police Department bring this issue back to Council if it is discovered that are problems with the provisions of the ordinance. Councilmember Samuel commented that what happened this afternoon is not indicative of the time and efforts spent on this ordinance, commented on being approached by citizens on this issue, stated there are things in the ordinance that he questioned,however,he has to depend on the representation from the staff and the Legal Department to make this ordinance enforceable,said all Councilmembers are familiar with the proper procedures,and he is very comfortable with the decision made by Council. Councilmember Patterson commented that she is pleased that the SOB ordinance was voted upon today,said morality cannot be legislated,and said she is pleased that the Police Department and legal staff feel comfortable that this ordinance does not violate constitutional rights. She announced that Minutes;January 25,2000;Page 8 the South Park Neighborhood Association will hold its monthly meeting Thursday at 6:30 p.m. at South Park Baptist Church,and invited everyone to attend the annual Operation One Vote Pre-Super Bowl Gumbo and meet candidates Saturday at a forum from 12:00 p.m. - 3:00 p.m. at the Harvest Club. Candidates will be there to introduce themselves and present their platform, and she is personally cooking the gumbo. She said the event is free and everyone is invited. * City Manager's Report- Economic Development, City Manager Assessment Process The City Manager reported that he has been in contact with the International City and County Management Association in regard to the City Manager Assessment Process,and they have identified eight management practices that are the basis for the evaluation. There are 15 raters,the ratings are confidentially analyzed at Georgia State University. From the analysis, the City Manager would prepare a professional development plan based upon their identification of his strengths and weaknesses. The cost is $180.00, and Mr. Bonczek stated he thinks this assessment would be very productive and helpful. Mr. Bonczek announced a Recycling Task Force meeting on January 31 at the John Gray Center Map Room. * Public Comment (Persons are limited to three (3) minutes) Mr. Ralph McBride,27 Sawyer Street, addressed Council in opposition to the new sexually oriented business ordinance, commented that this has been a tedious process,stated that Council needs to look at the possibility of protecting the lives of young individuals differently than looking at the constitutional rights of an individual that is in business, and said that the City has suffered loss due to the illegal activities of organizations in this industry and should not accommodate them. Mr. Kent Chambers, 56 Avenue of the Oaks, addressed Council in opposition to the newly adopted sexually oriented business ordinance, stated that under Roberts Rule of Order a person can move to amend a motion that is currently pending,commented on the Alcoholic Beverage Code dealing with alcohol not sexually oriented businesses,and cited the case of Robinson versus the City of Longview, which states that the City of Longview was well within their rights under the constitution and Texas legislation to completely prohibit nude and semi-nude dancing anywhere alcohol was served . Ms. Toni Prados, 1090 Avenue H, addressed Council to announce that the Avenues Neighborhood Association has come together to control the direction of their neighborhood, said they are striving for a commonality of beliefs of goals and objectives and building closer relations within their community. Mr. Mark Williford, 6395 Westgate, addressed Council to apologize for interrupting the meeting, commented on the financial strain ofhis organization,cited that in the case ofRobinson vs Longview, their attorney clearly pointed out that the age limitations of the Alcoholic Beverage Code does not apply to sexually oriented businesses, stated that he failed as a leader to gain the proper information, and his organization failed to raise the necessary money, requested that the Council review the case of Robinson vs the City of Longview in the next Council meeting, and entertain Councilmember Cokinos' proposed amendment to the minimum age requirement under the SOB ordinance. Minutes;January 25,2000;Page 9 Pastor Reggie Lloyd,Praise Christian Center,addressed Council to thank them for their efforts on the SOB ordinance, commented on the inconsistency of an 18 year old being able to dance in these establishments but not allowed to patronize them, said he believes that this should be addressed with TABC, stated that it is unreasonable to allow these men to be close to these entertainers and expect them not to touch them,and commented that if this ordinance is as strong as other municipalities and all allowable legal provisions have been included, he could not ask more. Pastor Donny Flippo, Harvest Time Ministries, 4699 Calder, addressed Council to thank them for allowing them to present their side, said they did not get what they wanted on some issues, said he understands there were issues presented by the Family Values Council that Council felt would have legal ramifications, acknowledged the vote of who was supportive of the minimum age requirement being 21 and who did not, challenged Council to re-examine this issue, and spoke of these young women needing an avenue to escape this lifestyle. Police Chief Tom Scofield,stated that Sergeant Ellison was chosen to make the presentation because he is one of the primary officers responsible for enforcing this ordinance,thanked Council for passing the ordinance which gives the Police Department the tools to effectively perform their job, said a lot of time was spent meeting with everyone involved, the Police Department responsibly enforces all ordinances,and stated that he believes the legal issues that have arisen in the last couple of years have been addressed. Mayor Moore stated that it is his duty to attempt to be fair and respectful to everyone and the intent is never to ostracize anyone. The focus of Council is to keep unity in the community and allow everyone to play a role in what is done by Council. He reiterated that no ordinance is ever going to be perfect, that Councilmembers are elected to serve to the best of their capacity and to protect the citizenry from all things. Council reviews,creates and revises policies with the goal of protecting all citizens, tries to stay in line with paid professionals that are hired to give direction, and said we have moved closer to being business friendly as well as having a quality of life to build upon. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Defaulted Small Business Revolving Loan-Tim Albanese &Tim Albanese dba Glassworks, Inc. There being no other business, the meeting adjourned at 3:52 p.m. C��- o �' ��� David Moore, Mayor Barbara Liming, City Clerk Minutes;January 25,2000;Page 10 I. In preparing revisions for this ordinance, representatives of the Beaumont Police Department and the City Attorney's Office reviewed ordinances from numerous other jurisdictions, court cases related to ordinances in other jurisdictions, spoke to police officers in other jurisdictions, spoke to concerned citizens in the city of Beaumont, representatives of the District Attorney's Office, United States Attorney's Office, representatives of various federal law enforcement agencies, and reviewed police department records related to businesses currently holding sexually oriented business licenses. Based on this comprehensive review, numerous changes are being proposed to modify and strengthen the present city ordinance related to operation of sexually oriented businesses. II. There are currently four operating adult cabarets, Team Mates, Tonga, Dream Street Plantation, Dream Street II, and one adult arcade - adult book store/video store operating in the city of Beaumont. As of December 30, 1999, there were approximately 255 sexually oriented business employee licenses issued for the year 1999. From January, 1998, through December, 1999, the Beaumont Police Department recorded approximately 306 calls for service to the six licensed sexually EXHIBIT "A" oriented businesses. Calls included such things as domestic disturbances, assaults, public intoxication, burglar alarms, bar checks, auto thefts, narcotics violations, disorderly conduct, and burglaries. The police department also conducted investigations related to obscenity offenses, narcotics offenses, bribery offenses, and sexual conduct offenses. In reviewing license applications, the police department has also discovered applicants with criminal records for offenses set forth in the specified criminal activity definition in the ordinance. Based on calls for service, investigations associated with applicants, and investigations related to offenses involving the operation of sexually oriented businesses, including the recent investigation regarding Peepers Adult Book Stop, recommendations have been made to modify offenses listed in specified criminal activity to bring those offenses in line with issues that we find to be prevalent in these businesses. III. The investigation in regard to Peepers Adult Book Stop has also resulted in several recommended changes in the ordinance, including areas such as requiring greater disclosure of information on license applications to allow the police department to conduct better investigations of applicants, disclosure of management structure and capacities of employees in these businesses, requiring applications be submitted under oath and requiring separate applications for each single classification of sexually oriented business license. IV. In dealing with the sexually oriented business ordinance during the past two years, we have also discovered other issues that resulted in recommended changes in the ordinance. These issues include restricting the issuance of temporary licenses for businesses, strengthening the basis upon which licenses may be denied, strengthening the provisions in regard to denying, suspending or revoking licenses, and instituting a formalized hearing process related to the denial of an application for a license or the suspension or revocation of a license. V. Investigations related to the sexually oriented businesses and enforcement of the ordinance during the past two years has also resulted in recommended changes related to construction and operation of the businesses. These recommended changes include: 1. Installation of manager's stations in the businesses and the requirement that the stations be manned by managers while the business is in operation. This places a responsibility on the businesses to ensure that their operation is in compliance with the ordinance. 2. Requiring construction of the interior of the businesses to ensure that all areas open to the general public, either for viewing live entertainment, videos, etc., are open to view from the manager's station and would also be open to view by any police officer inspecting the premises. Closed areas such as booths have presented a serious problem. Police investigations in regard to sexually oriented businesses have resulted in arrests for disorderly conduct regarding exposure of sexual organs, masturbation, and other sex-related offenses. The commission of these offenses was facilitated by the construction allowed in the previous ordinance that which has been eliminated in the present ordinance and would, therefore, greatly facilitate enforcement of the ordinance and state statutes. VI. Experience during the past two years and consulting with other agencies in review of other ordinances has also resulted in recommendations for changes in regard to operating requirements including the installation of a "no touch" rule, installation of the "one foot rule," prohibiting entertainment in separate areas, licensing requirements for employees, the requirement that information regarding employees be maintained on the premises, and restricting hours of operation. A change in the age for persons allowed in the sexually oriented businesses from 18 to 21 is also recommended based, in part, upon the state requirement that an individual be 21 years of age to consume alcoholic beverages. The proposed changes will also not only assist in investigations related to prostitution offenses by prohibiting body contact, but should discourage entertainers from participating in such unlawful lewdness.. VII. Changes have also been made in the ordinance to increase compatibility between the ordinance and Chapter 243 of the Texas Local Government Code, which is the statutory section related to municipal regulation of sexually oriented businesses. VIII. Changes have also been recommended in regard to areas such as signage requirements and distance requirements related to business operations. The signage requirements, while "grandfathering" present signs on operating sexually oriented businesses, have been designed to prevent a proliferation of gaudy, sexually explicit, flashy or other types of signs which would have a direct negative secondary impact on surrounding businesses and the general area around the sexually oriented businesses. Modifications have also been recommended in regard to distance restrictions both between clubs and the location of clubs in regard to churches, child care facilities, schools, dwellings, hospitals, public buildings or public parks. To allow sexually oriented businesses to be established at distances closer than set forth in the recommended ordinance changes would have a direct negative secondary impact on the facilities such as churches, child care facilities, schools, etc. This negative secondary effect is also demonstrated by the nature of the calls for service received to sexually oriented businesses by the police department. IX On behalf of the Beaumont Police Department, I would strongly urge the City Council to implement the recommended modifications and adopt the new proposed ordinance regarding sexually oriented businesses and sexually oriented business employees.