STUDY OF THE EFFECTS OF THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS
IN THE CITY OF LOS ANGELES
DEPARTMENT OF CITY PLANNING
CITY OF LOS ANGELES
JUNE 1977
CITY PLAN CASE NO. 26475
Council File No. 74-4521-S.3
STUDY OF THE EFFECTS OF THE CONCENTRATION OF ADULT ENTERTAINMENT ESTABLISHMENTS
IN THE CITY OF LOS ANGELES
Prepared for:
Planning Committee of
the Los Angeles City Council
Prepared by:
Los Angeles City Planning Department
June, 1977
TABLE OF CONTENTS
Summary and Recommendations.
I. Findings
II. Purpose and Scope
III. Methods Currently Used to Regulate Adult Entertainment Businesses
A. Approaches to the Regulation of Adult Entertainment by Land Use Regulation
1. Boston Approach
2. Detroit Approach
3. Variations Adopted by Other Cities
B. Alternate or Supplementary Forms of Regulation Currently Available Under State and Municipal Law
1. Red Light Abatement Procedure
2. Police Permit Requirements
C. Other Regulations of Adult Entertainment in Los Angeles
IV. Methodology and Analysis
A. Changes in Assessed Valuation Between 1970-1976
1. Study and Control Areas
2. Conclusion
B. Public Meetings
C. Questionnaires
1. Description of Survey
2. Results of Survey
D. U.S. Census and Related Data
1. Description of Hollywood using "Cluster Analysis"
2. Description of Studio City and North Hollywood using Census Data
V. Police Department Study of Hollywood
TABLES
I. No. of Ordinances Regulating Adult Entertainment Uses
II. Ordinances Regulating Adult Entertainment Uses by Dispersal
III. City Council Files Relating to Adult Entertainment
IV. 1970-76 Changes in Assessed Valuation
V. Studio City, North Hollywood and City of Los Angeles Comparison of Census Data
VI. Reported Crimes and Arrests 1969-75 – Hollywood and City of Los Angeles
EXHIBITS
Exhibit A – Generalized Location of Adult Entertainment Sites in Hollywood and Central City by Census Tract
Exhibit B – Generalized Location of Adult Entertainment Sites in Studio City and North Hollywood by Census Tract
APPENDICES
A. Assessment Data – 1970 and 1976
B. Form – General Questionnaire
C. Form – Appraiser Questionnaire
D. Response and Summary of Privately-Distributed Questionnaire (not a portion of study)
E. Data from U.S. Census – 1960 and 1970
SUMMARY AND RECOMMENDATIONS
Types of Ordinances to Control "Adult Entertainment" Uses
Two methods of regulating adult entertainment business via land use regulations have developed in the United States. They are: 1) the concentration of such uses in a single area of the city as in Boston; and 2) the dispersal of such uses, as in the City of Detroit. The Detroit ordinance has been challenged and upheld by the U.S. Supreme Court (Young v. American Mini-Theaters, 96 S. Ct. 771, 1976).
Effect of "Adult Entertainment" Businesses on the Community
There has been some indication that the concentration of "adult entertainment" uses results in increased crime and greater police enforcement problems. In the City of Los Angeles, the Los Angeles Police Department has found a link between the concentration of such businesses and increased crime in the Hollywood community. (The major portion of a Police Department report on this subject is herein contained.) While several major cities have adopted ordinances similar to the Detroit ordinance, no other major city has, to our knowledge, adopted a Boston-type ordinance.
Testimony received at two public meetings on this subject has revealed that there is serious public concern over the proliferation of adult entertainment businesses - particularly in the Hollywood area. Citizens have testified of being afraid to walk the streets; that some businesses have left the area or have modified their hours of operation; and that they are fearful of children being confronted by unsavory individuals or of being exposed to sexually explicit material. A representative of an adult theater chain testified in support of the manner in which this business was run and in support of the type of clientele which attend the theaters. The Planning Department staff is of the opinion that the degree of deleterious effects of adult entertainment businesses depend largely on the particular type of business and on how any such business is operated.
A mail survey questionnaire conducted by the Planning Department has tended to emphasize general public concern over the proliferation of sex-oriented businesses and has indicated further, that appraisers, realtors and representatives of lending institutions are generally of the opinion that concentration of adult entertainment businesses exerts a negative economic impact on both business and residential properties. They feel that the degree of negative impact depends upon the degree of concentration and on the specific type of adult entertainment business.
The 1970-76 change in the assessed value of residential and commercial properties containing concentrations of adult entertainment businesses was compared with other areas without such concentrations, and with the City as a whole. On the basis of this comparison, it cannot be concluded that properties containing concentrations of adult entertainment businesses have directly influenced the assessed valuations of such properties.
Data and analysis based on the U.S. Census of 1970 and certain trend data from the censuses of 1960 and 1970 as applied to areas of the City containing concentrations of adult entertainment businesses are included in the body of the report and in the Appendix.
Scope of the Ordinances Enacted by Other Jurisdictions
The scope of "adult entertainment" ordinances encompasses a variety of adult activities. For example, the Los Angeles Study has considered "adult entertainment" establishments to include adult bookstores and theaters, massage parlors, nude modeling studios, adult motels, arcades, and certain similar businesses. Many other ordinances studied, however, are less broad in their coverage. The Detroit ordinance, for instance, does not regulate massage parlors or adult motels, nor does it provide for the closing of any such businesses by amortization, which would be necessitated by the retroactive application of such an ordinance. Table I on page 11 indicates the ordinances reviewed and the major categories of uses they regulate.
Effect of Ordinances Enacted by Other Jurisdictions: The U.S. Supreme Court in Young v. American Mini-Theaters pointed out, as one of the bases for upholding the Detroit ordinance, that the regulation did not limit the number of "adult entertainment" businesses. Our study has indicated that the practical effect of literal adoption of "Detroit" language without modification in the City of Los Angeles would be to limit the potential locations for such businesses rather severely. Due to the predominance of commercial zoning in "strips" along major and secondary streets, an ordinance preventing "adult entertainment" business from locating within 500 feet of residentially zoned property would, in effect, limit such businesses to those areas of the City where there is commercial zoning of greater than 500 feet in depth. Areas with such commercial frontage would include downtown Los Angeles, a small part of Hollywood, Westwood, and Century City. A few industrial areas would also afford a separation of this distance from residential properties. The limitation of 1,000 feet between establishments (as provided in the Detroit ordinance) would likely be inappropriate in the City of Los Angeles inasmuch as commercial zoning is located in a strip pattern along most of the City's approximate 1,400 miles of major and secondary highways. (It is estimated that approximately 400 miles of such "strip" commercial zoning exists in the City.)
Recommendations
1. If the City Council should find it advisable in light of the findings of this report to recommend the preparation of an ordinance to control adult entertainment businesses, such an ordinance should be of a dispersal type rather than a concentration type. (To build a planning policy basis for such regulation, the Council may also wish the Planning Department to consider the development of appropriate policies for incorporation within the Citywide Plan.)
2. If a dispersal type ordinance is recommended by the City Council the Planning Department is of the opinion that such an ordinance should be designed for specific application in the City of Los Angeles, rather than the direct adoption of the Detroit model. If such a dispersal type ordinance is recommended for enactment locally, it should consider:
a. distance requirements between adult entertainment establishments. The Planning Department recommends that a separation between establishments greater than 1,000 feet is necessary and desirable.
b. distance requirements separating adult entertainment establishments from churches, schools, parks, and the like. The Planning Department suggests that a separation of at least 500 feet is necessary. A similar distance separating adult entertainment uses from single-family residential development should also be considered.
c. the possibility of enacting additional provisions to regulate signs and similar forms of advertising should also be considered.
4. Should the City Council recommend the preparation of a zoning ordinance to regulate adult entertainment businesses, other sections of the Municipal Code relating to the subject, including police permit requirements, should also be amended in order to be consistent with the zoning regulations and to facilitate the administration and enforcement of such regulations.
5. The Planning Department recommends that it be instructed to review existing zoning regulations applying to the C4 zone which currently prohibits "strip tease shows" and that the Zoning Administrator, through interpretation, consider expanding the list of prohibited uses in said zone to include additional adult entertainment uses as herein identified.
6. To assist in the regulation of "adult entertainment" businesses, the City should continue to vigorously enforce all existing provisions of the Municipal Code relating to the subject, including Zoning regulations.
I. FINDINGS
1. A Boston-type ordinance (concentration) to control adult entertainment businesses would not be acceptable nor desirable in the City of Los Angeles.
2. In the event legislation is enacted in the City of Los Angeles there is adequate basis for a Detroit-type ordinance (dispersion) which requires a distance of 1,000 feet between establishments and 500 feet from residential zones.
- Existing locational patterns of adult entertainment businesses (in Hollywood, Studio City, North Hollywood) actually represent a concentration rather than a dispersion of establishments. (Such patterns are contrary to the Detroit concept and are due, in fact to the City's strip commercial zoning pattern.)
3. If dispersion is desired in Los Angeles, an ordinance should be designed specifically for the City. (Direct application of the Detroit ordinance would not be desirable or appropriate in Los Angeles and would, in part, tend to result in a concentration of such businesses.)
4. Statistics provided by the Los Angeles Police Department (LAPD) indicate a proportionally larger increase in certain crimes in Hollywood from 1965-75, as compared with the City of Los Angeles as a whole. (Hollywood has the largest concentration of adult entertainment businesses in the City.)
5. Statistics provided by the LAPD indicate that there has been a large increase in adult entertainment enterprises since 1969, particularly in Hollywood. From December 1975 to December 1976, however, there has been a decrease in such establishments.
6. Testimony obtained at two public meetings on the Adult Entertainment study conducted on April 27 and 28, 1977 indicated that:
- Many persons, including the elderly, are afraid to walk the streets in Hollywood.
- Concern was expressed that children are being exposed to sexually explicit materials and unsavory persons.
- In Hollywood, some churches drive the elderly to services and others provide private guards in their parking lots.
- Nearly all persons opposed the concentration of adult entertainment activities.
7. Responses to questionnaires of the City Planning Department have indicated that:
- Appraisers, realtors, lenders, etc. believe that the concentration of adult entertainment establishments has had adverse economic effects on both businesses and residential property in respect to market value, rental value and rentability/salability; that the adverse economic effects diminish with distance but that the effects extend even beyond a 1,000-foot radius; and that the effects are related to the degree of concentration and to the specific type of adult entertainment business.
- Businessmen, residents, etc. believe that the concentration of adult entertainment establishments has adverse effects on both the quality of life, and on business and property values. Among the adverse business effects cited are: difficulty in retaining and attracting customers to non- "adult entertainment" businesses; difficulty in recruiting employees; and difficulty in renting office space and keeping desirable tenants. Among the adverse effects on the quality of life cited are increased crime; the effects on children; neighborhood appearance, litter and graffiti.
8. A review of the percentage changes in the assessed value of commercial and residential property between 1970 and 1976 for the study areas containing concentrations of adult entertainment businesses have indicated that:
- The three study areas in Hollywood containing such businesses have increased less than the Hollywood Community, and less than the City as a whole. Two of the three study areas in Hollywood have increased less than their corresponding "control areas;" however, one such study area increased by a greater amount than its corresponding control area.
- The study area in Studio City has increased by a greater percentage than its corresponding "control area," by a slightly lower percentage than the Sherman Oaks-Studio City Community; and by a considerably greater percentage than the entire city.
- The study area in North Hollywood has increased by a considerably lower percentage than its corresponding control area, the North Hollywood Community and the City as a whole.
- On the basis of the foregoing it cannot be concluded that adult entertainment businesses have directly influenced changes in the assessed value of commercial and residential properties in the areas analyzed.
9. There are various existing laws and regulations (other than zoning) available to effect proper regulation of adult entertainment businesses.
10. There is a high degree of turnover in individual adult entertainment businesses as evidenced on page 51 (Much of this change is probably due to Police enforcement.)
11. The Los Angeles City Council, both on its own initiative and at the urging of numerous citizens groups, has proposed a variety of approaches to limiting the possibly deleterious effects of "adult entertainment" business on neighborhoods.
12. At least 10 cities have adopted ordinances similar to the Detroit dispersal ordinance. Several other cities have enacted other forms of regulations.
13. The Detroit ordinance does not regulate massage parlors. Of the cities with regulations, three have included massage parlors within the purview of their zoning ordinance.
14. None of the cities surveyed call out or regulate adult motels as a part of their "adult entertainment" ordinance.







15. The Detroit Ordinance is prospective in its application and therefore does not include an amortization provision, i.e. provide for a time period for the removal of existing businesses. Although other such ordinances have included such provisions, none had been validated by the courts at the time of this study.
II. PURPOSE AND SCOPE
On January 12, 1977, the Los Angeles City Council instructed this Department, with the assistance of other City agencies, to conduct a Comprehensive Study to determine whether the concentration of so-called "adult entertainment" establishments has a blighting or degrading effect on nearby properties, and/or neighborhoods. The term "adult entertainment" is a general term utilized by the Planning staff to collectively refer to businesses which primarily engage in the sale of material depicting sex or in providing certain sexual services. These would include the following: adult bookstores; X-rated theaters; adult motels with X-rated entertainment; massage parlors; sexual therapy establishments (other than those operated by a licensed psychologist, psychiatrist, etc.); and nude, topless or bottomless bars and restaurants.
During the past few years, there has been increasing concern in Los Angeles over the proliferation of such sexually oriented businesses. The derivation of such concern is varied – religious, moral, sociological and economic. The positions advocated by the public range from a "laissez faire" attitude to outright moral indignation and demand for prohibition.
It should be noted at this time that the topic of newsracks, was not dealt with in this study. The primary reason for not considering newsracks is that, in addition to the absence of a specific Council request for this Department to deal with that. subject, this matter has been and continues to be a topic of litigation in our state courts. Additionally, other public agencies, including the City Attorney, Bureau of Street Maintenance, and Building and Safety, are presently pursuing assignments regarding newsracks, and it is premature to determine whether newsracks could feasibly be studied as "adult entertainment" businesses, from a practical or constitutional standpoint.
In giving the Planning Department this assignment, the City Council essentially called for a fact-finding process to determine whether adult entertainment establishments, where they exist in concentration, cause blight and deterioration. When this question has been posed to the public, there have frequently been anguished retorts to the effect that "the answer is so obvious it is ridiculous to even ask the question," and "what is the City waiting for before it takes action to eliminate these scourges of society?"
On the other side of the spectrum, certain parties who are against the adoption of any regulations regarding "adult entertainment" question the legitimacy of the government's interest in the subject; and they have noted that magazines as "scurrilous" as those sold in adult bookstores are also available in the markets and drugstores where the likelihood of perusal by youngsters is obviously greater than within the confines of an adult bookstore (where no person under 18 years of age is allowed).
In completing this study, the Planning Department has made every effort to ensure a fair and unbiased analysis of "adult entertainment.'' The staff has been instructed to objectively review information of a factual nature; and, although the personal feelings of organized groups and the public at large were forcefully expressed at the two public meetings and in the study questionnaires, the staff has maintained independence from such strong emotions in evaluating the data gathered.
As noted above, the staff has specifically been given the charge to determine whether the concentration of "adult entertainment" establishments has any blighting or degrading effect on the neighborhoods in which they reside. We did not consider the specific nature or content of the materials or services rendered, advertised or promised, for this would have constituted a censor-like role for the Department which was neither desired nor requested by the Council.
This study has focused on the Hollywood community as well as portions of Studio City and North Hollywood as those areas of Los Angeles having the greatest concentration of "adult entertainment" establishments. In order to assess the effect of the concentration of "adult entertainment" establishments in these areas, the staff has analyzed such factors as changes in assessed property values, and reviewed various crime statistics as well as other demographic and related data as available from the U.S. Census. In addition, the Department has reviewed various established approaches to the regulation of "adult entertainment" business, including legislation already enacted by other jurisdictions, and earlier efforts of the City of Los Angeles to regulate such businesses.
By means of two public meetings on the subject conducted by representatives of the City Planning Commission, and through the use of a mail survey questionnaire, the Department has also attempted to provide additional documentation relative to the actual or perceived impact of adult entertainment businesses on the community. Current information on crime statistics has been provided in a separate report prepared by the Los Angeles Police Department, major portions of which are herein included.
III. METHODS CURRENTLY USED TO REGULATE"ADULT ENTERTAINMENT" BUSINESSES
A. APPROACHES TO THE REGULATION OF ADULT ENTERTAINMENT BY
LAND USE REGULATION
Two primary methods of regulating "adult entertainment" businesses via land use regulations have developed in the United States: the concentration approach, as evidenced by the "Combat Zone" in Boston, and the dispersal approach, initially developed by Detroit.
1. Boston Approach
In Boston the "Combat Zone" was officially established by designation of an overlay Adult Entertainment District in November of 1974. The purpose of the overlay district was to create an area in which additional special uses would be permitted in designated Commercial Zones which were not permitted in these zones on a citywide basis.
The "Combat Zone" had existed unofficially for many years in Boston, as the area in question contained a majority of the "adult entertainment" facilities in the City. The ordinance was adopted in response to concern over the spreading of such uses to neighborhoods where they were deemed to be inappropriate. Other considerations included facilitating the policing of such activities and allowing those persons who do not care to be subjected to such businesses to avoid them.
Under the Boston ordinance, adult bookstores and "commercial entertainment businesses" are considered conditional or forbidden uses except in the Business Entertainment District. Existing "adult entertainment" businesses are permitted to continue as non-conforming uses, but, if discontinued for a period of two years, may not be re-established. Establishment of uses in areas of the city other than the "Combat Zone" requires a public hearing before the Zoning Board of Appeals.
The effectiveness and appropriateness of the Boston approach is a subject of controversy. There has been some indication that it has resulted in an increase in crime within the district and that there is an increased vacancy rate in the surrounding office buildings. Due to complaints of serious criminal incidents, law enforcement activities have been increased and a number of liquor licenses in the area have been revoked. Since the "Combat Zone" and most of the surrounding area are part of various redevelopment projects, however, the change in character of the area cannot be attributed solely to the existence of "adult entertainment" businesses.
In Los Angeles, the Police Department has investigated the effect of "adult entertainment" businesses in Hollywood and found a link between the clustering of these establishments and an increase in crime. (See Section V, pages 51 to 55). For this reason, and due to the enforcement problems created by such concentrations, the Police Department is not in favor of a concentration approach in the City of Los Angeles. Public testimony at hearings and through Planning Department questionnaires has indicated an overwhelming public disapproval of this approach for the City of Los Angeles.
2. Detroit Approach
The City of Detroit has developed a contrasting approach to the control of "adult entertainment" businesses. The Detroit Ordinance attempts to disperse adult bookstores and theaters by providing that such uses cannot, without special permission, be located within 1,000 feet of any other "regulated uses" or within 500 feet of a residentially zoned area.
This ordinance was an amendment to an existing anti-skid row ordinance which attempted to prevent further neighborhood deterioration by dispersing cabarets, motels, pawnshops, billiard halls, taxi dance halls and similar establishments rather than allowing them to concentrate.
The ordinance was immediately challenged and eventually was upheld by the United States Supreme Court. (Young v. American Mini Theaters 96 Supreme Ct. 771, 1976.)
In response to our request, data supplied by the City of Detroit Police Department indicates that the combination of the dispersal ordinance and a related ordinance prohibiting the promotion of pornography have been an effective tool in controlling adult businesses. To date, 18 adult bookstores and 6 adult theaters have been closed. There are 51 such businesses still in operation in Detroit and 38 pending court cases for various ordinance violations.
3. Variations Adopted by Other Cities
The success of the Detroit ordinance has spurred attempts by a number of other cities to adopt similar ordinances. The uses controlled and the types of controls established by these ordinances are summarized in Tables I and II, infra.
While the current study of the effect of "adult entertainment" businesses on neighborhoods in Los Angeles has encompassed all forms of "adult entertainment," the ordinances reviewed and the Detroit Ordinance specifically, are less encompassing in scope. Table I on the following page, lists and reviews a number of ordinances, which regulate various specified adult uses.
Table I
Number of Zoning Ordinances Regulating Specified Adult Entertainment Uses
(11 Ordinances Reviewed-1 not adopted)
|
Use |
No. of Cities Regulating* |
|
Adult Theaters |
11 |
|
Adult Bookstores |
9 |
|
Mini-theaters and coin operated facilities |
5 |
|
Massage Parlors (includes "physical culture establishments) |
|
|
Modeling Studios/Body Painting |
2 |
|
Pool/Billiard Halls |
2 |
|
Topless Entertainment |
2 |
|
Newsracks |
1 |
|
Adult Motels |
0 |
* (Numbers have incorporated-where appropriate-uses entitled "physical culture establishments" and "businesses to which persons under 18 could not be admitted.")
The Detroit dispersal ordinance does not regulate massage parlors, nor does it require any existing business to close by amortization. Many of the more recent ordinances include amortization provisions and several of these are currently in varying stages of litigation.
Perhaps the most comprehensive ordinance proposed to date (although not adopted) is that of New York City. The proposed ordinance creates five classes of controlled uses, one of which is entitled "physical culture establishments" and is defined as a general class including any establishment which offers massage or other physical contact by members of the opposite sex. The ordinance would also apply to clubs where the primary activity of such club constitutes one of the five defined classes of adult uses.
The ordinance also provides for a special permit exempting individual adult uses from amortization requirements when the Board of Standards and Appeals makes findings regarding:
1. The effect on adjacent property;
2. Distance to nearest residential district;
3. The concentration that may remain and its effect on the surrounding neighborhood;
4. That retention of the business will not interfere with any program of neighborhood preservation or renewal; or
5. In the case of an adult bookstore or motion picture theater, the Board finds that the harm created by the use is outweighed by its benefits.
Locally, the cities of Bellflower and Norwalk have enacted ordinances requiring adult bookstores and theaters to obtain a conditional use permit. As a part of their study, the City of Bellflower surveyed over 90 cities in Southern California to determine how other cities were controlling adult bookstores. Of the cities which responded to the
Bellflower survey, 12 require a conditional use permit for new bookstores. The conditions for obtaining such a permit generally include dispersal and distance requirements based upon the Detroit model. Bellflower also includes parking requirements and the screening of windows to prevent a view of the interior; it prohibits the use of loudspeakers or sound equipment which can be heard from public or semi-public areas.
Other cities impose such controls as design review, prohibition of obscene material on signs and required identification of the business as "adult." Such controls are a possible alternative or addition to regulation of adult uses by location.
Exterior controls affect the aspects of adult businesses which are most offensive to some citizens. The basis for such controls stems from the recognition of privacy as a
constitutional right and the right to be "left alone" as a part of that right. (See Paris Adult Theatre I v. Slayton, 93 S. Ct. 2628 1973.)
Table II, following, provides a comparison and description of ordinances from various cities which are regulating "adult entertainment" businesses by dispersal.
Table II
Ordinances Regulating Adult Entertainment Uses by Dispersal
|
City |
Uses Controlled |
Distance From Residential |
Distance From Churches, Schools |
Concentration |
Amortization |
Appeals Procedures |
Other Controls |
|
Seattle |
Adult theaters |
Yes-90 days |
Allow only in BM, CM, & CMT Zones; terminate such uses in all other zones |
||||
|
Denver |
Entertainment to which persons under 18 could not be lawfully admitted |
500' |
|||||
|
Dallas |
Adult shows or theaters |
1000' |
1000' |
||||
|
Cleveland |
Adult bookstores, adult movies and mini-motion picture theaters, pool or billiard halls |
1/1000' |
|||||
|
Detroit |
Adult bookstores, adult motion picture theater, mini-motion picture theaters, cabarets, hotels, motels, pawnshops, pool or billiard halls, public lodging houses, secondhand stores, shoeshine parlors, taxi-dance halls |
500' |
2/1000' |
Waiver by petition of 51% of persons owning/residing or doing business within 500' |
Ordinance prohibiting promotion of pornography |
||
|
New York (not adopted) |
Adult bookstores, motion picture theaters, "topless" entertainment facilities, coin-operated entertainment facilities, physical culture establishments |
500' |
2-3/1000' |
1 year closest to R-zone first to go |
Special permit exception must make findings |
Sign regulations, applies to , adult use always a primary use |
|
|
Oakland |
Adult bookstores, adult movies, peep shows, massage parlors |
1000' |
1/1000' |
1-3 yrs. if no use permit |
All require C.U. permit |
||
|
Kansas City |
Adult bookstores and motion picture theaters, bath houses, massage shops, modeling studios, artists-body painting studios |
1000' |
1000' |
Waiver, if petition of 51% of persons residing or owning property within 1000' of proposed use. |
Confined to overlay C-X zone within C-2, 3, |
||
|
Santa Barbara |
Adult newsracks, bookstores, motion picture theaters |
1000' (& from parks or recreation facilities) |
1/500' |
Public display of defined materials prohibited |
|||
|
Bellflower |
Adult bookstores, theaters or mini-theaters, massage parlors |
1000' |
1000' (& from parks or playgrounds) |
1/1000' |
By C.U. all building openings, entries, windows covered or screened to prevent view into the interior |
||
|
Model studios |
500' |
No loud speaker or sound system |
|||||
|
Atlantic City |
Adult motion picture theaters, mini-theater, adult bookstores |
500' |
2/1000' |
Waiver of 500' from residential with petitions signed by 51% of parties within 500' |
Requires public hearing prior to grant of permit;. licensing of massage parlors, no treatment of a person of the opposite sex |
REGULATION CURRENTLY AVAILABLE
UNDER STATE AND MUNICIPAL LAW
1. Red Light Abatement Procedure
Red light abatement is a mechanism authorized by state law which allows local government to control criminal sexual behavior by controlling the places in which such behavior occurs.
Sec. 11225 of the California Penal Code generally provides that every building or place used for illegal gambling, lewdness, assignation, or prostitution, or where such acts occur, is a nuisance which shall be enjoined, abated, and prevented. There are three basic steps involved in the City's application of the Red Light Abatement Procedures:
a. A complaint is filed by the City Attorney based upon the declarations of police officers of instances of prostitution taking place on the premises.
b. The City attempts to obtain a preliminary injunction to shut down the business until completion of the scheduled trial. If the City succeeds, the premises may only be re-opened as a legitimate business until the time of the trial.
c. At the trial, the burden is on the City to prove that prohibited acts occurred on the premises. The remedy may be closure of the premises for all purposes for one year, placing the building in the custody of the court, or an order preventing the use of the premises for prostitution forever.
Complaints may be filed by citizens, and Sec. 11228 of the Code provides that in Red Light Abatement Actions "evidence of the general reputation of a place is admissible for the purpose of proving the existence of a nuisance."
This method has been used successfully by the City to abate adult entertainment establishments in Hollywood along Western Avenue. Although Red Light Abatement is directed at regulating sites, a Red Light Abatement conviction can affect the ability of an owner or operator to obtain a permit for a similar business at another site (see permit requirements supra). Due to the requirement of a court proceeding, however, this method of control is both time consuming and expensive.
2. Police Permit Requirements
Section 103 of the Los Angeles Municipal Code provides for the regulation and control of a variety of businesses by permits issued by the Board of Police Commissioners. Permittees are subject to such additional requirements as may be imposed by law or by the rules and regulations of the Board.
Those businesses for which the City of Los Angeles requires a police permit and which may also be oriented towards adult entertainment include:
- Arcades (Sec. 103.101)
- Bath and Massage (103.205)
- Cafe Entertainment and Shows (103.102)
- Dancing Academies, Clubs, Halls (103.105, 106, 106.1)
- Motion Picture Shows (103.108)
In some cases, the specific regulations applied to a business, if enforced, preclude adult entertainment activities as a part of, the operation of the business, with revocation of the operating permit an available remedy for violation of the regulation.
The most detailed regulations are applied to cafe entertainment (Sec. 103.102 LAMC) and are summarized as follows:
a. Businesses Subject to the Regulations
Operation of cafe entertainment or show for profit, and the operation of public places where food or beverages are sold or given away and cafe entertainment, shows, still or motion pictures are furnished, allowed or shown. The regulation does not apply to bands or orchestras providing music for dancing.
b. Cafe Entertainment Defined
"Every form of live entertainment, music solo band or orchestra, act, play, burlesque show, revue, pantomime, scene, song or dance act." The presence of any waitress, hostess, female attendant or female patron or guest attired in a costume of clothing that exposes to public view any portion of either breast at or below the areola is included with the purview of the ordinance.
c. Summary of Activities Prohibited
Allowing any person for compensation or not, or while acting as an entertainer or participating in any live act or demonstration to:
1. Expose his or her genitals, pubic hair, buttocks or any portion of the female breast at or below the areola.
2. Wear, use, or employ, or permit, procure, counsel or assist another person to wear use or employ, any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum or any portion of the female breast at or below the areola.
The above provisions do not apply to a theatrical performance in a theater, concert hall or similar establishment which is primarily devoted to theatrical performances.
The permit may also be revoked for conviction of the permittee, his employee, agent or any person associated with permittee as partner, director, officer, stockholder, associate or manager of:
1. An offense involving the presentation, exhibition or performance of an obscene production, motion picture or play;
2. An offense involving lewd conduct;
3. An offense involving use of force and violence upon the person or another;
4. An offense involving misconduct with children;
5. An offense involving maintenance of a nuisance in connection with the same or similar business operation; or, if the permittee has allowed or permitted acts of sexual misconduct to be committed within the licensed premise.
Massage businesses have traditionally been regulated by licensing. The latest changes in the massage regulations became effective in November of 1976. The application for a permit now requires:
1. detailed information regarding the applicant;
2. name, address of the owner and lessor of the property upon or in which the business is to be conducted, and a copy of the lease or rental agreement;
3. requirement of a public hearing prior to issuance of a permit for the operation of a massage business.
Operating requirements for massage businesses include:
- a permit for each massage technician;
- regulation of the hours of operation;
- posted list of available services and their cost;
- a record of each treatment, the name and address of the patron, name of employee and type of treatment administered.
So-called "private" clubs or "consenting adult clubs" which have ostensibly been formed as an alternative to massage parlors had until recently been regulated via the requirement of a social club permit. In June 1977, however, the ordinance establishing such requirement was declared unconstitutional by a Los Angeles Municipal Court due to unreasonable restrictions on the freedom of association. To date, it is unknown whether the City will appeal the ruling or amend the ordinance.
C. OTHER REGULATION OF ADULT ENTERTAINMENT BUSINESSES IN LOS ANGELES
Regulation of adult entertainment businesses has a long history in Los Angeles. In 1915 the "prevalence of sex evils arising out of massage parlors" caused the City Council then to enact Section 27.03 (L.A.M.C.) as "a safeguard against the deterioration of the social life of the community." The ordinance provided:
"a. It shall be unlawful for any person to administer, for hire or reward, to any person of the opposite sex, any massage, any alcohol rub or similar treatment, any fomentation, any bath or electric or magnetic treatment, nor shall any person cause or permit in or about his place or business or in connection with his business, any agent, employee, or servant or any other person under his control or supervision, to administer any such treatment to any person of the opposite sex."
This provision remained in the Code, in one form or another, until a similar Los Angeles County ordinance was declared invalid in 1972 due to the preemption of the Criminal aspects of sexual activity by the State.
In reaching its conclusion, the court referred to the discussion of the Los Angeles City ordinance in In Re Maki. This 1943 case upheld the constitutional validity of the. ordinance, and, according to the court, established the primary purpose of such ordinance as the limiting of criminal sexual activity.
The late 1960s and early 1970's brought a proliferation of nude bars and sexual scam joints in the Los Angeles area. In 1969, the Cafe Entertainment regulations (Section 103.102 Los Angeles Business Code) was modified to include strict controls on nudity (see discussion infra).
A variety of Council motions were made to control other types of "adult entertainment" such as arcades, massage parlors, and newsracks. Many of these were initiated due to substantial citizen complaints, and some resulted in final ordinances. (See Table III pages 19a to 19d.)
Beginning in 1974, several Council motions were made generally calling for an investigation and preparation of an ordinance regulating adult theaters and bookstores. The advice of the City Attorney was sought, and at the suggestion of that Office, action was delayed pending the Supreme Court decision regarding the Detroit Ordinance. That decision was handed down in June of 1976. On July 13, 1976, a Council motion was introduced by Councilman Wilkinson requesting a study of concentrations of adult entertainment similar to that of Detroit.
Table III provides a generalized summary of the major Council files and actions relating to adult entertainment.
While not part of this study, a recently enacted ordinance controlling on-site sale of alcoholic beverages should be recognized as an attempt to control another adult-type use. Effective March 1, 1977, the Los Angeles Municipal Code was amended to require a conditional use permit for the on-site sale of alcoholic beverages. (Council File No. 70-200, City Plan Case No. 22878). Although aimed at the regulation of anti-social activities in all establishments serving alcoholic beverages, the subject ordinance would, of course, also have a "spillover" effect with regard to those businesses, which have adult entertainment as well as alcoholic beverages.
Generally, the ordinance would, in all cases, require issuance of a conditional use permit for any business selling alcoholic beverages for on-site consumption, rather than the previous practice of permitting them as a matter of right in certain zones. The advantage of the new procedure is that as a prerequisite of approval of an individual application, there must be a public hearing to determine whether the proposed use will have a detrimental effect upon nearby properties and the neighborhood in which it is being proposed. In the long run, the ordinance may prove to be an effective device to regulate uses (dispensing alcoholic beverages) which tend to have a deteriorating effect on an area, some of which may, coincidentally, also be adult entertainment businesses.
Table III
City Council Files Relating to Adult Entertainment
|
Date |
File No. |
Sponsors |
Recommendation |
Disposition |
|
3/23/70 |
|
North Hollywood Chamber of Commerce |
That topless and bottomless bars and pornographic film and literature be confined to the M-3 zone. |
Disapproved by the Planning Commission. |
|
3/71 |
C.F. 72-374 |
Councilman Snyder |
Effort to control both or massage parlors by modifying the definition of "physical therapy" in state law. And, City support for legislation that would make Physical Therapists, Chiropractors responsible for activities in their offices and prohibit treatment by unlicensed assistants unless the license holder is in the room. |
Introduction of AB 823 modifying the definition of physical therapy-died in Committee November 1972. |
|
Recommend modification of Board of Chiropractors Rules and Regulations. |
State Board of Chiropractic Examiners adopted "Board Rule 316" which makes chiropractors responsible for the conduct of employees in their place of practice, and specifically prohibits sexual acts or erotic behavior involving patients, patrons or customers. |
|||
|
2/74 |
C.F. 72-374 S-1 S-2 |
Stevenson and Wilkinson |
Study of the need and feasibility of regulating hours of operation, minimum requirement for practitioners-and health and safety conditions in massage parlors. |
1/9/75 Board of Police Commissioners approved ordinance and adopted agreement with County to provide inspection of massage parlors. |
|
10/18/74 |
C.F. 74-4521 |
Snyder, Robert Stevenson, Ferraro |
Provide by Ordinance that permits may not be granted to operate motion picture theaters which show "adult" films or bookstores which sell printed material which may not be sold to minors at locations which are within 1,500 feet of the nearest school, playground or church. |
Police and Fire and Civil Defense Committee referred prepared ordinance to Planning Committee. |
|
4/21/75 |
C.F. 74-1969 |
Police permit requirement for arcades becomes effective. Regulated 5 or more coin or slug operated machines. Revocation for non-compliance with health, zoning, fire requirements, obscenity convictions. Regulates hours of operation. |
Regulation subsequently found unconstitutional by the Appellate Department of Superior Court, L.A. County. |
|
|
1/27/76 |
City Planning Commission |
Planning Department report to City Planning Commission, at their request, regarding proposed regulation of massage parlors and adult bookstores in Los Angeles. |
No action taken. |
|
|
8/9/76 |
C.F. 73-374 S-1A |
Council adopts ordinance requiring permits to operate a massage business, act as a massage technician and gives a massage for compensation effective 4/17/76. |
Ordinance now in effect. |
|
|
4/23/76 |
C.F. 74-4521 S-2 |
Wilkinson and Stevenson |
Require public hearings prior to opening of an adult bookstore which has for sale sexually explicit material; limit the hours of operation. |
Referred to Police, Fire and Civil Defense. |
|
6/25/76 |
C.F. 74-4521 |
Wilkinson, Gibson, Nowell, Braude, Russell, Wachs, Stevenson, Bernardi, Farrell, Lorenzen |
Request City Attorney to draft an ordinance following Young v. American Mini-Theaters guidelines. |
Referred to Police, Fire and Civil Defense Committees. |
|
6/28/76 |
C.F. 74-4521 |
Stevenson, Wachs |
Preparation of zoning ordinance to prohibit sexual scam joints, adult bookstores and theaters, nude live entertainment within 500' from a private dwelling, church, school, public building, park or recreation center, of within 1000' of each other, to be retroactive, priority to the oldest establishments. |
Referred to Police, Fire and Civil Defense Committees. |
|
7/13/76 |
C.F. 74-4521 |
Wilkinson |
Instruct the City Planning Department to prepare a report to the City Council regarding the extent of any possible degradation of neighborhoods in Los Angeles due to concentration of adult entertainment establishments. |
Consolidation of above cases. After approval of full Council assigned to Planning Department with the cooperation of other involved agencies. |
|
3/15/77 |
C.F. 74-1969 |
Police, Fire and Civil Defense Committee recommendation to amend Sections 103.101, 103.101.1 of the Municipal Code-(A revised ordinance to regulate arcades). |
Adopted by full Council. |
|
|
5/5/77 |
C.F. 77-860 S-49 |
File not available for review. |
Support state legislation providing specific penalties for use of minors for pornography. |
|
|
5/11/77 |
C.F. 77-1997 |
File not available for review. |
Regarding prostitution enforcement laws. |
IV. METHODOLOGY AND ANALYSIS
Methodology
In complying with the City Council's instructions, the Department has utilized various available data sources, including property assessment data, U. S. Census data, and obtained other information germane to the subject in an effort to determine, on an empirical basis, the effects (if any) of adult entertainment facilities on surrounding business and other properties. The Department also reviewed sales data of commercial and residential property in areas containing concentrations of adult entertainment businesses and in "control areas" containing no such concentrations. The staff also attempted to secure information on the sales volume of commercial properties, but was unable to obtain this information.
It should be emphasized that, in conducting this study, every effort was made by the Department to preclude the introduction of subjective judgment or other bias, except where the opinions of other individuals or groups were specifically solicited. (Expert opinions were requested from realtors, realty boards, appraisers and lenders through letters and questionnaires. The Department also sent letters to local members of the American Sociological Association requesting their assistance in this study. Their replies were limited in number and not significant in terms of this study.) It was the Department's intent to base any conclusions entirely on relevant data and other factual information which became available during the course of conducting the study.
The procedure employed by the Department in conducting this study involved the following areas of emphasis:
1. A measure of the change from 1970-76 in assessed "market value" of land and improvements for the property occupied by and within an appropriate radius of five known "clusters" (nodes) of "adult entertainment" businesses. An identical measure of four "control areas" without concentrations of adult entertainment businesses was also made to determine if a significant difference in the rate of change in assessment values occurred in such areas between 1970 and 1976. Comparisons were also made with the entire community in which the concentration nodes were located;
2. An analysis of responses received from a mail survey questionnaire conducted by the Planning Department;
3. Review of available data from the U.S. censuses of 1960 and 1970, including the results of a "cluster analysis" and description of Hollywood based on such analysis prepared by the City's Community Analysis Bureau;
4. An analysis of verbal and written testimony obtained at two public meetings on this subject conducted on April 27 and 28, 1977 by representatives of the City Planning Commission;
5. A review of various approaches to the regulation of "adult entertainment" businesses, including legislation enacted by other jurisdictions;
6. An analysis of alternate forms of control, including existing Municipal Code provisions relative to this general subject;
7. A discussion of earlier efforts of the City to control adult entertainment in Los Angeles;
8. A presentation of the Los Angeles City Police Department's report dealing with crime statistics and their relation to "adult entertainment" businesses in Hollywood;
Items 5, 6, and 7, above, are-the subject of Section III of this report, entitled "Methods Currently Used to Regulate Adult Entertainment Business." The Police Department's report is discussed herein as Section V. The Planning Department's analysis of topics 1 through 4 is described in detail, below.
IN FIVE SEPARATE AREAS CONTAINING HIGH CONCENTRATIONS OF
ADULT ENTERTAINMENT BUSINESSES
In order to determine if there has been a significant change in assessed property values which may have been influenced by the proliferation of "adult entertainment" businesses, the Department has calculated the change in the assessed value of land and improvements for properties occupied by, and located within, a 1,000 to 1,800 foot radius of known concentrations of adult entertainment businesses. Five such areas were selected for analysis, as described below. The year 1970 was selected as the base period because of the availability of data for that year, and since that point in time corresponds approximately with the beginning of the proliferation of adult entertainment businesses in Los Angeles. The percentage change in the assessed "market" value of land and improvements for commercial and residential properties was calculated for the 1970 base year and for 1976.
Similar calculations covering the same time period were also prepared for "control areas" (containing no concentration of adult entertainment businesses) but which were similar, in terms of zoning and land use, or which were located in geographical proximity to the study area nodes. Four such control areas were selected.
1. Study and Control Areas
On the basis of field investigations and other available data, the Department determined that there are five different areas within the City suitable for analysis, each containing a relatively high concentration of adult entertainment establishments. As shown in Exhibits "A" and "B" on the following pages, three of these concentrations (or "nodes" of activity) are located in Hollywood; one is in Studio City; and one is in North Hollywood. In each case, the focal point of the area selected for analysis was the intersection of two major streets, with the adult entertainment businesses located along the commercially zoned frontage of one or both of the streets forming the intersection. In four of the five areas selected, residentially zoned and developed properties are situated not farther than one-half block from the commercially-zoned frontage. (One node in Hollywood is entirely surrounded by commercial properties.)
Although Main Street in downtown Los Angeles contains a relatively high concentration of sex-oriented businesses (primarily theaters, arcades and bookstores), this area was not selected for analysis since no residential properties are located in proximity thereto. In addition, Main Street has traditionally contained burlesque theaters, arcades, bars and similar types of establishments, and there has been no significant change in this generalized pattern of land use during the past ten years.
In the Hollywood area, the focal points of concentration are at the following three intersections: Santa Monica Boulevard and Western Avenue (containing 12 such businesses); Hollywood Boulevard and Western Avenue (9 such businesses); and Selmna Avenue and Cahauenga Boulevard (containing 7 such businesses). In Studio City, the focal point is east of the main intersection of Tujunga Avenue and Vineland Avenue (at Eureka Drive) which contains six adult entertainment businesses; and in North Hollywood the focus of concentration is at Lankershim Boulevard and Vineland Avenue (containing 4 such businesses).
In the Hollywood area, property within an approximate 1,000-foot radius of the above named intersections was included for purposes of analysis. In Studio City it was appropriate to include those properties situated within an approximate 1,500 foot radius of the intersection of Eureka Drive; in North Hollywood, property within an approximate 1,500 foot radius of the intersection of Lankershim Boulevard and Vineland Avenue was selected for analysis.
As also shown in Exhibit "A," three separate "control areas" were established in Hollywood, each originating at the intersection of two major streets and also encompassing all property within an approximate 1,000-foot radius of the street intersection. Control areas were established at: Santa Monica Boulevard and Vermont Avenue; Hollywood Boulevard and Highland Avenue; and Hollywood Boulevard and Gower Street. In the San Fernando Valley, Exhibit "B" indicates one control area, centered at the intersection of Lankershim Boulevard and Whipple Street, and encompassing property within a radius of approximately 1,500 feet of that intersection, relates to the two nodes of concentration in Studio City and North Hollywood. None of the control areas has adult entertainment businesses within its boundaries, with the exception of the area surrounding the intersection of Hollywood Boulevard and Gower Street which contains one such business.
Table IV, indicates the percentage change in assessed land and improvement value from July 1970 to July 1976 for the commercial and residential property encompassed by the applicable radius surrounding each of the five nodes of concentration, together with their corresponding control areas. For purposes of comparison, the same data is shown for the entire City and for the Community within which the study areas are located. Since concentrations of adult entertainment businesses could have a particular effect on the value of other business properties in an area a separate tabulation is also shown for only commercially zoned land within each study and control area. (Table IV-A.)
As indicated in Table IV, the 1970-76 percentage change in total assessed "market" valuation of commercially and residentially zoned property (land plus improvements) increased in all three areas in Hollywood containing concentrations of adult entertainment businesses. However, there was some variance in the magnitude of the increase. Changes in the three study area nodes were 2.79, 8.71, and 3.41 percent; compared with increases in the three corresponding control area of 12.53, 1.94, and 5.09 percent, respectively.
The study area node located at Santa Monica Boulevard and Western Avenue increased by 2.79 percent, compared with a substantially greater increase of 12.53 percent in the "control area" associated with that node. Total assessed value within the study area surrounding the intersection of Selma Avenue and Cahuenga Boulevard increased by 3.41 percent while the associated control area increased by the slightly greater amount of 5.09 percent. In direct contrast to this pattern, however, the Hollywood and Western node registered an 8.71 percent increase, while its corresponding control area increased by only 1.94 percent.
Table IV
1970-76 Changes in Assessed Valuation of
Commercial and Residential Land and Improvements for
Five Areas Containing Concentration of Adult Entertainment Businesses as Compared with "Control Areas," Surrounding Community, and
City of Los Angeles
Property Within Approximate 1,000 to Percentage Change in Assessed
1,800 Foot Radius of Intersection of No. of Entertainment "Sites" Valuation 1970-76
Streets Shown: 1969-70 June 1977 Land Improvements Total
Santa Monica Boulevard and Western 6 12 -0.22 5.81 2.79
Avenue (Hollywood)
Santa Monica Boulevard and Vermont N.A. 0 -4.84 32.66 12.53
Avenue (Hollywood Control Area)
Hollywood Boulevard and Western 6 9 3.51 13.21 8.71
Avenue (Hollywood)
Hollywood Boulevard and Highland N.A. 0 19.32 -7.83 1.94
Avenue (Hollywood Control Area)
Selma Avenue and Cahuenga 4 7 21.12 -12.54 3.41
Boulevard (Hollywood)
Hollywood Boulevard and Gower N.A. 1 17.76 -8.61 5.09
Street (Hollywood Control Area)
Hollywood Community N.A. 31 21.20 32.72 27.00
City of Los Angeles N.A. N.A. 35.08 38.92 37.15
Tujunga Avenue and Ventura 1 6 67.11 63.10 64.93
Boulevard (Studio City)
Lankershim Boulevard and Vineland 2 4 15.88 9.65 12.61
Avenue (North Hollywood)
Lankershim Boulevard and Whipple N.A. 0 62.28 27.66 42.76
Street (Valley Control Area)
Sherman Oaks-Studio City N.A. 10 69.25 60.44 64.33
Community
North Hollywood Community N.A. 5 28.59 33.15 31.07
City of Los Angeles N.A. 212 35.08 38.92 37.15
Table IV-A
1970-76 Changes in Assessed Valuation of
Commercially Zoned Land and Improvements for
Five Areas Containing Concentration of Adult Entertainment Businesses as Compared with Commercially Zoned Land in "Control Areas,"
Surrounding Community, and City of Los Angeles
Property Within Approximate 1,000 to Percentage Change in Assessed
1,800 Foot Radius of Intersection of No. of Entertainment "Sites" Valuation 1970-76
Streets Shown: 1969-70 June 1977 Land Improvements Total
Santa Monica Boulevard and Western 6 12 -0.47 8.53 3.40
Avenue (Hollywood)
Santa Monica Boulevard and Vermont N.A. 0 -12.53 4.13 -6.38
Avenue (Hollywood Control Area)
Hollywood Boulevard and Western 6 9 -2.52 -0.45 -1.77
Avenue (Hollywood)
Hollywood Boulevard and Highland N.A. 0 25.01 -11.19 4.06
Avenue (Hollywood Control Area)
Selma Avenue and Cahuenga 4 7 21.93 -18.79 0.54
Boulevard (Hollywood)
Hollywood Boulevard and Gower N.A. 0 17.07 -17.22 1.09
Street (Hollywood Control Area)
Hollywood Community N.A. 31 13.43 -1.51 6.70
City of Los Angeles N.A. 212 12.27 13.52 12.93
Tujunga Avenue and Ventura 1 6 19.24 25.83 21.90
Boulevard (Studio City)
Lankershim Boulevard and Vineland 2 4 -0.76 3.91 1.92
Avenue (North Hollywood)
Lankershim Boulevard and Whipple N.A. 0 82.28 -6.35 27.16
Street (Valley Control Area)
Sherman Oaks-Studio City N.A. 10 30.95 13.01 22.02
Community
North Hollywood Community N.A. 5 2.74 7.56 5.21
City of Los Angeles N.A. 212 12.27 13.52 12.93
Sources/Notes – Tables IV and IV-A:
Actual assessment data from which percentage changes in Tables IV and IV-A were derived is shown in Appendix A. Assessment data was obtained from the City's Land Use Planning and Management System (LUPAMS) computer file. Data is as of July 1 for years shown. "Entertainment Site" means adult theatre, arcade, massage parlor, nude dancing establishment or similar use. Number of "entertainment sites" for 1969-70 was obtained from L.A. Police Department; for June 1977 from L.A. Police Department and L.A. City Planning Department. N.A. means not available. Property included within areas described is shown in Exhibits A and B.
The percentage increase in assessed values within the three study areas, as well as the control areas, was considerably less in each case than percentage gains registered by the Hollywood Community or the City as a whole.
In the case of the study area nodes located in the San Fernando Valley, the pattern appears to be somewhat more spurious. The study area node containing adult entertainment businesses located in Studio City (centered east of the intersection of Tujunga Avenue and Ventura Boulevard) increased by 64.93 percent-the largest increase of any of the areas analyzed. In direct contrast, the "adult entertainment node" located at Lankershim Boulevard and Vineland Avenue increased by only 12.61 percent. The one "control area" associated with these two San Fernando Valley nodes increased by 42.76 percent-a substantially greater gain than the North Hollywood node, but 22 percent less than the Studio City node. (Whether the sharp percentage increase shown for the Studio City node was the direct result of a recent reassessment cannot be readily determined.)
The increase in assessed value within the Studio City study area was virtually the same as that of the entire Sherman Oaks-Studio City Community but almost twice the percentage gain for commercial and residential properties in the entire City. The North Hollywood study area increased by a considerably lower percentage than the North Hollywood Community and the City as a whole.
With regard to commercial properties considered separately, Table IV-A reveals that the percentage change in assessed values of land and improvements combined was generally lower in all study areas than in their corresponding control areas. One notable exception, however, is the Santa Monica Boulevard and Western Avenue node which increased by 3.4 percent, while its corresponding control area (Santa Monica and Vermont) decreased by 6.38 percent. In Hollywood the change in assessed values of all study and control areas was less than in the entire Hollywood Community. In the San Fernando Valley the two study areas both increased less than the entire communities within which they are situated.
2. Conclusion – Changes in Assessed Valuation
On the basis of the foregoing, there would seem to be some basis to conclude that the assessed valuation of property within the study areas containing concentrations of adult entertainment businesses have generally tended to increase to a lesser degree than similar areas without such concentrations. However, in the staff's opinion, there would appear to be insufficient evidence to support the contention that concentrations of sex-oriented businesses have been the primary cause of these patterns of change in assessed valuations between 1970 and 1976. However, responses to the Department's mail questionnaires from real estate representatives and appraisers have indicated that in their opinion, concentrations of adult entertainment businesses have, in some cases, had a direct negative impact on property values.
B. PUBLIC MEETINGS
Two public meetings were conducted by representatives of the City Planning Commission in order to receive citizen input regarding the effects, if any, of concentrations of "adult entertainment" establishments on nearby properties and surrounding neighborhoods. Notice of the hearings was published in local newspapers, aired on radio, mailed to owners of commercial and multiple residential property within 500 ft. radius of the study areas and also to persons who had previously responded to the Department's questionnaire.
The first meeting was held in Hollywood on April 27, 1977 at Le Conte Junior High School. The second meeting was conducted in Northridge on April 28, 1977 at Northridge Junior High School. Both meetings were conducted by Planning Commission President Suzette Neiman and Planning Commissioner Daniel Garcia, with Deputy City Attorney Chris Funk also in attendance.
Questionnaires were available at the meetings for the convenience of those wishing to submit their comments in writing.
Attendance was approximately 200 persons at the Hollywood meeting and 300 persons at the Northridge meeting. A combined total of 60 persons addressed the Commission. The following is a summary of the comments received by the Commission. (Tape recordings of the hearings are available for review under City Plan Case Number 26475, in the Planning Commission Office, Room 561-K, Los Angeles, City Hall, telephone (213) 485-5071.)
The most prevalent type of comment at the Hollywood meeting was an expression of fear of walking in areas where "adult entertainment" and related business are concentrated. This concern was expressed both by parents, reluctant to allow their children to be exposed to offensive signs and wares, and by women and elderly persons who feared walking in the areas either in the day or evenings because of the incidence of crime in the area. Specific instances of solicitation and other crimes were recited. Some proprietors testified that they felt their businesses have suffered, due to fear on the part of their customers. Other common testaments concerned:
- Physical or economic deterioration of the area resulting from the influx of adult businesses.
- An increase in street crime.
- Offensive signs and displays.
- A need to use existing enforcement tools, such as "red light abatement" to control "adult entertainment" businesses.
- Representatives of La Cienega art gallery proprietors expressed concern over the recent establishment of an adult theater in the area and its incompatibility with gallery use.
A representative of the "Pussycat Theaters" organization informed the Commission that a survey taken by the theater operators indicated that the majority of patrons were middle class, that most were registered voters, and that many were married and had college educations. It was stated that a large number of the patrons were found to reside within a few miles of their theaters. The representative of this theater chain expressed concern at the "lumping" of all adult entertainment businesses into one classification. He felt that in terms of aesthetics, clientele, and effect upon the neighborhood, the theaters were not in the same classification as some other types of adult businesses. (The Commission requested the written documentation of the survey; however, it has not been received to date.)
Several speakers at the Northridge meeting expressed concern that the City even felt it needed to request their opinion on such a subject. They felt that their displeasure over the distribution and display of pornographic materials should be obvious. Citizens also indicated how they had been responsible for the closing of certain establishments in the San Fernando Valley by picketing and other means. Some speakers indicated that they were disturbed by the availability and display of obscene material in drug stores and supermarkets.
The following is a summary listing of specific relevant comments from the two meetings:
Hollywood Meeting (April 27, 1977)
- Hollywood and particularly Hollywood Boulevard was once a cultural center; now there is a different class of people. This is a degeneration of Hollywood and Hollywood Boulevard.
- In Hollywood, due to fear for safety, people walk around in groups, not alone or as couples.
- Zoning is not the ultimate response to obscenity: there are public nuisance laws, red light abatement statutes, etc.
- There was concern about the effects on children; parents in Hollywood indicated that they did not allow their children to walk unescorted: there are too many muggings and attacks.
- There are problems brought on by the changing population of the area: street fights, acts of mischief and minor property damages have resulted.
- A local minister indicated concern for the elderly, and that children from 4 to 7 years old cannot ride their bikes without being accosted; he also indicated there had been 23 arrests for prostitution near a local elementary school; he further stated that residents have to go to other areas to shop.
- A representative of a local synagogue stated that the elderly were afraid to walk to religious services and that car pooling had been established.
- A representative of the Hollywood Businessmen's Association advised that 50 percent of the sex crimes reported (in the City) were in the Hollywood area; that since the Police have closed some sex establishments crime has dropped; that adult entertainment businesses have contributed to a deteriorating condition in Hollywood; that there is a 100 percent turnover in school attendance; that the business license ordinance should be modified to require an environmental impact report and proper sign controls for new establishments and that notice should be given to persons within one-half mile; he also reiterated that traditional businesses were leaving the area.
- It was indicated that property values had gone down; Vine and Selma was valued at $12.50 per sq. ft. years ago, but recently it was worth only $8.50 per sq. ft.
Northridge Meeting (April 28, 1977)
- A representative of the North Hollywood Chamber of Commerce indicated that adult entertainment businesses were an economic and social blight; that the Police Commission was no help; that they had proposed the M3 Zone for these uses; that we need more police and should make greater use of red light abatement; that the Alcoholic Beverage Control Department should do more.
- Claims were made that the Pussycat Theater in North Hollywood was a dangerous environment to women and children; that in the recent past 2 teenage girls had been accosted and a woman had been attacked and had to jump from a car.
- A beauty shop owner near a Pussycat Theater indicated she no longer stayed open in the evening because her customers were afraid.
- Adult entertainment businesses should be required to rent space in "Class A" buildings.
- Various persons objected to newsracks, obscene material, problems of congestion and ingress and egress.
- The Miller v. California court case was discussed: it was contended that this case established that "a community can set its own standards."
- Questions were posed as to whether economic and financial impact should be facts needed to develop an ordinance to control adult entertainment.
- Claims were made that adult entertainment business bring crimes and violence to the area.
- A speaker stated that both the Boston and the Detroit ordinances are unacceptable. "You cannot control pornography by zoning," and opposition to the zoning approach to obscenity was expressed.
- "California is the pornographic capital of the world."
- People are offended by pornographic material in department stores, drug stores, supermarkets, etc. The recent Los Angeles County newsrack ordinance was discussed.
- One person posed the question "why don't we have an Environmental Impact Report for pornographic businesses?"
- Church representatives and a teacher at the Christian School were concerned about their members and children being exposed to pornographic advertising displayed at the Lankershim Theater and Pussycat Theater. They are afraid to let their children out on the streets.
- It was stated that "we should use civil, public nuisance and red light abatement to control adult entertainment businesses."
Conclusion
In summary, the overwhelming majority of speakers felt that the concentration of "adult entertainment" businesses in their neighborhood was detrimental, either physically by creating blight or economically by decreasing patronage of traditional businesses; or socially by attracting crime. As a result of increased crime, nearby residents have become fearful and have been forced to constrain their customary living habits in the community.
Although the testimony obtained at the public hearings would from a subjective point of view, substantiate the conclusion that "adult entertainment" businesses have a deleterious effect on the surrounding community, the staff is of the opinion that legitimate questions may have been posed by the Pussycat Theater representative regarding a single classification for all "adult entertainment" uses. There would appear to be some basis to support the contention that certain types of such uses are more "objectionable" than others, and that negative effects of a particular type of business might be minimized, depending on how the business is operated and advertised.
C. SURVEY QUESTIONNAIRE CONDUCTED BY DEPARTMENT OF CITY PLANNING
1. Description of Survey
In order to determine additional factual data relating to the subject, and to seek the comments and opinions of property owners, businessmen, realtors, real estate boards, real estate appraisers, representatives of banks, Chambers of Commerce, and others, the Department conducted a mail survey. Two questionnaires were developed. One was designed primarily for businessmen and residential property owners and is hereinafter referred to as the General Questionnaire. The second was designed for realtors, real estate appraisers and lenders and is hereinafter referred to as the Appraiser Questionnaire. A copy of the two questionnaires is contained in the Appendix. The completed questionnaires, together with other letters relative to this subject, are on file in Room 510, Los Angeles City Hall.
The General Questionnaire was mailed to all property owners (of other than property in single-family use) within a 500-foot radius of each of the five study areas. The questionnaire was also distributed to various community groups (including local and area Chambers of Commerce) and at the public meeting in Hollywood and in Northridge.
The Appraiser Questionnaire was mailed to all members of the American Institute of Real Estate Appraisers having a Los Angeles City address and to members of the California Association of Realtors whose office is located in the vicinity of the study areas.
Each of the two questionnaires contained spaces for a respondent to check answers to a series of questions relating to the overall effect (if any) of adult entertainment establishments on nearby properties. It should be emphasized that the Department intentionally structured the "objective response" portion of the questionnaires so as to reduce "bias" and to solicit the maximum range of responses to any specific question. For example, a respondent could check "positive," "negative" or "no effect" in response to the question..."What overall effect do you feel that adult entertainment establishments have on a neighborhood?"
In addition to the direct response portion of the questionnaire, information of a more subjective nature was also solicited. For example, after each question, space was provided for a respondent to list any comments or examples which might pertain to a specific question. The beginning of each questionnaire also invited the respondent to write comments in the space provided or on a separate sheet.
Between February 10 and April 30, 1977, a total of approximately 4,000 questionnaires were mailed (with return envelopes provided) or otherwise distributed to businessmen, real estate appraisers, realtors, representatives of banks and savings and loan institutions, the owners of multiple-unit residential property, and others. Of this number, 694 questionnaires were completed and returned to the Department (an overall 17.4 percent rate of return).
In addition, the Department received 197 non-solicited, completed questionnaires from property owners in Studio City. These questionnaires were distributed in a private mailing by a private individual. The subject mailing included a replica of the Department's appraiser questionnaire, together with written material alleging City intent to create an adult entertainment zone in Studio City (copy included as Appendix D-2). According to the subject individual's testimony at the public hearing on April 27, 1977, 11,000 replica questionnaires were mailed. Due to the prejudicial nature of the mailing, these questionnaires are not included in the study. However, the staff did tabulate the subject responses and the tabulation and summary are included in Appendix D-3. All persons responding to the above mailing were sent a memo from the Department, correcting the misinformation (copy included in Appendix D-1).
2. Results of Survey Questionnaires
A tabulation of the responses to the specific questions solicited in the objective portion in each of the two types of questionnaires is presented below. A summary of the comments follows:
GENERAL QUESTIONNAIRE
RESPONSES
Total no. of responses = 581 = 16% return
Total no. of questionnaires 3600
Question
Positive Negative No effect
Effect on the business condition
(sales & profits) in the area: 43 (7.4%) 492 (84.7%) 36 (6.2%)
Effect on homes (value & appearance)
in the area immediately adjacent to
adult entertainment businesses: 37 (6.9%) 472 (81.2%) 26 (4.5%)
Effect on homes (value & appearance)
in the area located 500 feet or more
from adult entertainment businesses: 35 (6.0%) 446 (76.8%) 19 (3.3%)
26 (4.5%) no effect 305 (52.5%) decreased property values
206 (35.5%) lower rents 13 (2.2%) increased property values
275 (47.3%) vacant businesses 16 (2.8%) lower taxes
288 (49.6%) tenants moving out 98 (16.9%) higher taxes
224 (38.6%) complaints from customers 489 (84.2%) decreased business activity
3 ( - ) less crime 8 (1.4%) increased business
370 (63.7%) more crime 312 (53.7%) more litter
1 ( - ) improved neighborhood 8 (1.4%) other (please specify)
appearance
416 (71.6%) deteriorated neighborhood appearance
4. Have you seriously considered moving your business elsewhere because of nearby concentrations of adult entertainment businesses?
167 (28.7%) Yes 165 (28.4%) No
5. Would you consider expanding in your current location?
83 (14.3%) Yes 177 (30.5%) No
6. What types of adult entertainment establishments are there in your area? (Please check appropriate boxes.)
410 (70.6%) adult bookstores 179 (30.8%) nude or topless dancing
310 (53.4%) massage parlors 389 (67.0%) adult theaters
190 (32.7%) peep shows 240 (41.3%) adult motels
237 (40.8%) bars with X-rated 3 other sex shops
entertainment
How far from your business is the nearest adult entertainment establishment?
(Not tabulated due to limited response.)
Responses to the foregoing questions reveal that adult businesses are perceived by the majority of respondents as exerting a negative impact on surrounding businesses and residential properties.
Whether or not such negative impacts have actually occurred, or only perceived to have occurred, cannot be readily determined, empirically, on the basis of this survey. However, in terms of the attitudes of the respondents toward such businesses, the conclusion must be drawn that the overall effect on surrounding properties is considered to be negative.
Among the adverse effects of adult entertainment establishments cited by businessmen are:
- Difficulty in keeping desirable tenants.
- Difficulty in recruiting employees.
- Limits hours of operation (evening hours).
Of those businessmen indicating that they have not seriously considered moving because of nearby concentrations of adult entertainment bushiness, the most frequent response was that they had been in the area a great many years, and to establish elsewhere wold be too risky and/or that their investment was too great to move. A few respondents indicated that it is the adult entertainment businesses that should move, not they.
The few businessmen commenting that they would not consider expanding in their current location indicated that their business did not warrant expansion.
Several businessmen indicated that their businesses are relatively unaffected by nearby adult entertainment establishments. Among the businesses cited are a commercial art studio; a building trades contractor; a mail order business; a telephone answering service and a wholesaler.
Among the few positive effects cited by businessmen is the increase in business for certain non-adult entertainment businesses such as tourist-serving businesses (e.g. car rental agencies). "The bad effect it might have is cancelled out by the business it does attract; X-rated theaters attract tourists."
Many respondents commented on the crimes associated with adult entertainment establishments: prostitution, dope, theft, robbery, etc. A high percentage of respondents report they do not feel safe in such areas.
A high percentage of respondents commented on their concern for the effects of adult entertainment environment on the morals and safety of children.
A high percentage of respondents commented on the aesthetics of adult entertainment establishments: garish, sleazy, shabby, blighted, tasteless, etc. Also, many commented on the increased incidence of litter and graffiti.
APPRAISER QUESTIONNAIRE
RESPONSES
Total no. of responses = 81 = 20% return
Total no. of questionnaires 400
Question
1 ( - ) increase in value
71 (87.7%) decrease in value
5 (6.2%) no effect
2. What effect does the concentration of adult entertainment establishments have on the rental value of business property located in the vicinity of such establishments?
1 ( - ) increase in value
55 (67.9%) decrease in value
4 (4.9%) no effect
3. What effect does the concentration of adult entertainment establishments have on the rentability/salability of business property located in the vicinity (length of time required to rent or sell property; rate of lessee/buyer turnover; conditions of sale or lease, etc.)?
3 (3.7%) increase in rentability/salability
48 (59.3%) decrease in rentability/salability
3 (3.7%) no effect
4. What effect does the concentration of adult entertainment establishments have on the annual income of businesses located in the vicinity of such establishments?
2 (2.5%) increase in income
59 (72.8%) decrease in income
7 (8.6%) no effect
5. Have any business owners or proprietors considered relocating or not expanding their businesses because of the nearby concentration of adult entertainment establishments?
23 (28.4%) yes
4 (4.9%) no
28 (34.6%) not known
6. In recent years, has the commercial vitality (sales, profits, etc.) of any area in the City of Los Angeles been affected in any way by the nearby concentration of adult entertainment establishments?
45 (55.6%) yes
29 (35.8%) no
0 ( - ) not known
7. What effect does the concentration of adult entertainment establishments have on the market value of private residences located within the following distances from such establishments?
Increase Decrease No effect Total
Less than 500 feet 2 (3.8%) 48 (90.6%) 3 (5.7%) 53
500 – 1000 feet 2 (3.6%) 51 (91.1%) 3 (5.4%) 56
More than 1000 feet 1 (3.0%) 29 (87.9%) 3 (9.1%) 33
8. What effect does the concentration of adult entertainment establishments have on the rental value of residential income property located within the following distances from such establishments?
Increase Decrease No effect Total
Less than 500 feet 2 (3.4%) 51 (87.9%) 5 (8.6%) 58
500 – 1000 feet 1 (2.6%) 33 (86.8%) 4 (10.5%) 38
More than 1000 feet 1 (2.8%) 27 (75.0%) 8 (22.2%) 36
9. What effect does the concentration of adult entertainment establishments have on the rentability/salability of residential property located within the following distances from such establishments?
Increase Decrease No effect Total
Less than 500 feet 1 (2.5%) 37 (92.5%) 2 (5.0%) 40
500 – 1000 feet 1 (2.6%) 35 (89.7%) 3 (7.7%) 39
More than 1000 feet 1 (2.8%) 28 (77.8%) 7 (19.1%) 36
10. In regard to the questions set forth above, please describe the effects which you believe the concentration of adult entertainment business has on each of the following:
Property values of surrounding:
Decrease No response No effect Increase
Commercial property 46 (56.8%) 32 (39.5%) 1 2 (2.5%)
Residential property 42 (51.9%) 38 (46.9%) -- 1
General 16 (19.8%) 65 (80.2%) -- --
Rental values of surrounding:
Decrease No response No effect Increase
Commercial property 39 (48.1%) 42 (51.9%) -- --
Residential property 37 (45.7%) 44 (54.3%) -- --
General 12 (14.8%) 69 (85.2%) -- --
Vacancies:
Decrease No response No effect Increase
Number 1 56 (69.1%) 1- 23 (28.4%)
Length 1 72 (88.9%) 2 (2.5%) 6 (7.4%)
Rate of tenant turnover -- 49 (60.5%) 1 31 (38.3%)
Annual business income 24 (29.6%) 53 (65.4%) 2 (2.5%) 2 (2.5%)
Complaints from customers
and residents due to
concentration – Yes 24 (29.6%) 57 (70.4%)
Neighborhood appearance 24 (29.6%) 3 (3.7%)
Crime 1 1 -- 48 (59.3%)
Litter -- 1 1 44 (54.3%)
Other (please specify)
GENERAL QUESTIONNAIRE
REALTOR RESPONSES
Total no. of responses = 32
NOTE: Due to distribution, certain realtors received the General Questionnaire rather than the Appraiser Questionnaire. For analysis purposes, the subject responses were tabulated separately and analyzed together with the responses to the Appraiser Questionnaire.
Question
1. What overall effect do you feel that adult entertainment establishments have had on a neighborhood:
Positive Negative No effect
Effect on the business condition
(sales & profits) in the area: -- 31 (97.0%) 1
Effect on homes (value & appearance)
in the area immediately adjacent to
adult entertainment businesses: -- 31 (97.0%) 1
Effect on homes (value & appearance)
in the area located 500 feet or more
from adult entertainment businesses: -- 29 (91.0%) 2
2. Do you believe the establishment of adult entertainment facilities in the vicinity of your business has had any of the following effects? (Please check all those effects which you feel have occurred.)
1 (31.3%) no effect 29 (91.0%) decreased property values
23 (71.9%) lower rents 0 ( - ) increased property values
25 (70.0%) vacant businesses 3 (9.4%) lower taxes
25 (70.0%) tenants moving out 7 (21.9%) higher taxes