ADAMS COUNTY SHERIFF’S DEPARTMENT
EDWARD J. CAMP
Sheriff
1901 E. Bridge St., P.O. Box 566 Field Operations Bureau: 2894335
Brighton, Colorado 80601-1937 4201 E. 72nd Ave., Commerce City, CO 80022
ADAMS COUNTY NUDE ENTERTAINMENT STUDY
Inclusions:
1. Synopsis of study
2. Newspaper articles or Colorado Supreme Court Ruling
3. Adams County Nude Entertainment Ordinance #1
ADAMS COUNTY NUDE ENTERTAINMENT STUDY
In order to offer support of the Nude Entertainment Ordinance, it was felt that several issues needed to be addressed:
1. To determine the correlation, if any, between nude entertainment establishments and the attraction of transients
2. The correlation, if any, between nude entertainment establishments and increased crime and noise
3. The correlation, if any, between nude entertainment establishments and increased safety hazard to neighborhood residents and/or neighborhood children
And in order to testify to those matters, research needed to be performed to support the proposed correlation if any. We also needed to be prepared to articulate any other findings that the research should yield and especially anything that developed having or showing any other correlation between nude entertainment establishments and functions relating to law enforcement.
Therefore, a study was conducted. Adams County unincorporated area boasted six (6) adult bookstores (all but one offering live nude entertainment) , one (l) all nude 'pop shoppe' , seven (7) massage parlors, eight (8) topless nightclubs (with liquor licenses) , and some six (6) nude 'rap' , lingerie, modeling type studios. This made a total of twenty eight (28) locations that were involved in nude entertainment
Six representative locations were selected at random representing six different areas of the unincorporated portions of Adams County. Periodic checks were made at various times and on different days throughout April of 1988. This was done in order to make a determination of the numbers of transient patrons who were frequenting these businesses but did not live in Adams County. License plates were noted and since Colorado issued all license plates based on county of residence, it was a simple matter to determine the county of origin for patrons. The study clearly demonstrated that 76% of the patronage of these businesses were transient, meaning that they come from counties other than Adams County
Statistical information was gathered from Sheriffs Department records for the years 1986 and 1987, a period of time in which there was no nude entertainment ordinance in effect. This part of the study was confined to two areas of unincorporated Adams County which supported a larger than normal concentration of the businesses which catered to nude entertainment. The results of the second phase of the study are as follows:
1. The area between 7200 N. Pecos and 7300 N. Pecos was selected because it contained two nude entertainment establishments a 7-11 store, a neighborhood tavern, three fast-food businesses, and a gas station. The statistical information determined that in 1986, 24 crimes were reported from that area. 83% of them were attributed to the two nude entertainment establishments, 38% were for alcohol related offenses, 42% of them occurred at the address of one particular all nude establishment. Lastly, 64% of these crimes occurred during hours other than those between the hours of 1600 to 2400 hours. In 1987, a total of 28 crimes were reported from the same area. 93% of them were also attributed to the two nude entertainment
establishments, 50% of them being for alcohol related offenses, 77% of them occurring at one particular nude entertainment establishment. Lastly, 22 of these of crises occurred on the same side of the street as the two nude entertainment businesses and 90% of those crimes were reported from those two businesses alone. 61% of those crimes were during hours other than between 1600 and 2400 hours.
2. A further statistical analysis was done on Federal blvd. between the 5600 block and the 6700 block, an area which held three adult bookstores, two topless nightclubs, 1 neighborhood bar, 1 liquor store, and 1 3.2 beer outlet. During 1986, 55 crimes were reported as compared to 63 crimes in 1987, a 15% increase. In 1986, 29 of those crimes were liquor related and in 1987, there were 41 liquor related offenses reported, a 41% increase over 1986. The trend was demonstrating an increase in reported criminal activity
3. At 1661 N. 64th, a fairly rural and isolated section of the county which was the location of a prominent topless nightclub, 13 crimes were reported in 1986 as opposed to 18 crimes in 1987, a 39% increase here as well
1986 and 1967 showed a dramatic increase in nude entertainment establishments opening for business. The increases in crime that was documented and the increase in alcohol related offenses and the increased transiency of the patronage for these businesses all seemed to have direct correlation one with the others. It was clear that the attractant to these businesses was quite simply nude entertainment. This clearly established that the local neighborhoods would have cause for alarm. Criminal history checks of some of the arrestees from a good portion of the arrests made at these businesses for a variety of crimes included prior arrests for morals crimes, sexual assaults, many alcohol related arrests, and crimes of violence. Further, a statistical look at armed robbery over the two year period on the eleven block study area of N. Federal showed that 66% of all-reported robberies took place at the three adult bookstores. And seven homicides were recorded between 1977 and 1987 which were directly attributable to adult bookstores and nude entertainment establishments.
The study clearly demonstrated that nude entertainment establishments were an attractant to a class of patronage which was very much undesirable to the good citizens of Adams County and represented a very real danger to the safety of the nearby residential citizenry and an undesirable image/model for youth and the community at large. The rise in crime was clearly demonstrated as was the rise in violence attributed to that crime rise
Adams County Sheriffs Department officers testified to the results of this study before an Adams County District Court. The officer was accepted as an expert witness on police investigative techniques and was allowed to testify to his opinion of the effects of crime in those specific neighborhoods and its correlation to the nude entertainment establishments at those locations. The Nude Entertainment Ordinance was passed and was kept fairly simplistic. Ultimately, agents representing the Nude Entertainment community challenged the ordinance and it went to the Colorado Supreme Court which upheld the right of the County to regulate and control nude entertainment.
The enactment of the Nude Entertainment Ordinance has dramatically reduced the number of nude entertainment businesses in Adams County. At the present time, only 14 establishments continue to operate. Five of those businesses operate under liquor licenses which provide the controls and regulations for their specific type of nude entertainment. Three of those numbers involve massage parlors who refuse to license as such and are facing Special Proceeding Filings as Class 3 and 4 Public Nuisances for failure to comply, and are also being eyed for violations of the Nude Entertainment Ordinance. One other business is currently facing a Special Proceeding as a Class 3 and 4 Public Nuisance for violating the Nude Entertainment Ordinance
Since the Colorado Supreme Court ruling, nude entertainment has been reduced within Adams County. Some businesses who were selling sex for money under the guise of 'nude entertainment , have closed their doors and moved on. Few seem willing to comply with the regulations established and continue in various forms to attempt challenges in order to gain time. The constitutionality challenge to the Ordinance prevented adequate enforcement for as considerable period of time, but is now beginning to take effect.
The ultimate goal is to reduce crime and its impact on the local community and to control those factors which act as 'attractants to those elements which cause crime. That is now beginning to take place in Adams County.
_____________________________________
Sgt. J.J. Long 6902
Special Investigation Section
Detective Division
Adams County Sheriffs Department
Adams County Colorado
UPDATE OF CRIME IMPACT STUDY:
Through 1990, no significant changes were noted in those areas which were originally looked at in 1988, with few exceptions.
Total reported crime in the 7200 block of north of Pecos St. in unincorporated Adams County climbed steadily through 1990. The total number of reported crimes increased by 900 % and those crimes which were attributed to those businesses which offered nude entertainment and/or alcohol increased 290% overall . Those crimes attributable to alcohol or assaults demonstrated no significant changes, including transiency which was up only 2% over the 1988 study.
The total number of retorted incidents attributable to the three primary businesses which offered alcohol and/or nude entertainment was the same, being down 1%.
The tremendous jump in reported incident is primarily attributed to a change in the reporting requirements of two business. One is a 7-11 stare at 7211 Pecos and the other is a Vickers station at 7285 Pecos . They reported thefts involving shoplifting or gas driveaways which accounted for 40% of all reported incidents in the entire 7200 block of N. Pecos. The majority (68%) of the remaining incidents were recorded at the three businesses which offer nude entertainment and/or alcohol sales.
Obviously, the Nude Entertainment Ordinance was not enforced in 1990, as the issue was before the Colorado Supreme Court until very late in the year. This lack of enforcement was noted in the continued high incidence of reported incidents. Additionally, the Department continued to receive some complaints about noise, conduct of patrons, parking, and such, though they also dropped in number. The drop was attributed to frustration in the victims at the ability of the Department to effectively resolve their neighborhood problems in relation to these businesses.
Sgt. J.J. Long 6902 6/20/91
STATE OF COLORADO )
COUNTY OF ADAMS ) ss.
At a regular meeting of the Board of County Commissioners for Adams County, Colorado, held at the County Administration Building in Brighton on______Mondav the 30th day of___November , 1987, there were present:
Leo M. Younger, , Commissioner Chairman
Steven E. Cramer , Commissioner
Harold F. Kite , Commissioner
Charlie Siner , County Attorney
Wilma Thatcher , Clerk of the Board when the
following proceedings, among others were held and done, to-wit:
ORDINANCE NO. ___1____
ORDINANCE NO. 1
NUDE ENTERTAINMENT ORDINANCE
WHEREAS, there are a significant number of establishments in the unincorporated portion of Adams County in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments; and,
WHEREAS, many of those establishments do not hold liquor licenses and consequently are not subject to the regulations imposed on nude entertainment by the liquor code; and,
WHEREAS, such establishments of this nature adversely impact the residential neighborhoods in which they are located; and,
WHEREAS, these adverse impacts include attraction of transients, parking and traffic problems, increased crime and noise, decreased property values, increased safety hazards to the neighborhood children, and overall deterioration of neighborhood quality; and
WHEREAS, it is the intent of the Board of County Commissioners to serve a substantial government interest by attempting to preserve the quality and vitality of residential neighborhoods in Adams County; and,
WHEREAS, alternative avenues of communication are not unreasonably limited for "speech" of this nature; and,
WHEREAS, the Colorado State Legislature has enacted Section 30-15-401(l)(l)(1), C.R.S.; and,
WHEREAS, Section 30-15-401(l)(l)(1), C.R.S., authorizes the Board of County Commissioners to adopt by ordinance those regulations necessary for the operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining such establishment's patrons.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Adams County, State of Colorado, that operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments shall be subject to the following regulations:
(l) These regulations shall apply to any establishment open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishments, hereinafter referred to as "Nude Entertainment Establishments." However, these regulations shall not apply to any liquor licensed establishments offering nude entertainment as such establishments are already subject to stringent regulation under the Colorado Liquor Code.
(2) A person appears in a '~ state of nudity1' when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals,
(3) No one under 21 years of age shall be admitted to any Nude Entertainment Establishment. This minimum age limitation also applies to any employees, agents, servants or independent contractors working on the premises during hours when nude entertainment is being presented.
(4) Nude entertainment shall only be available at Nude Entertainment Establishments from the hours of 4:00 p.m. to 12:00 midnight, Monday through Saturday of each week.
(5) No Nude Entertainment Establishment shall be operated or maintained within 500 feet of any residentially zoned or used property, measured from the closest property line of such residential property to the property line of the Nude Entertainment Establishment.
(6) No Nude Entertainment Establishment shall be operated or maintained within 500 feet of any school or church property, measured from the closest property line of such school or church property to the property line of the Nude Entertainment Establishment.
(7) Any Nude Entertainment Establishment operating at the effective date of this ordinance in violation of parts (5) or (6) above shall be allowed to continue operating for an amortization period of six (6) months, Six months after this ordinance becomes effective all Nude Entertainment Establishments must comply with parts (5) and (6) above or be subject to the penalty provisions set forth herein,
(8) Except for the amortization period set forth in part (7) above, each day of operation in violation of any provision of this ordinance shall constitute a separate offense.
(9) Any person who violates any provision of these regulations commits a class 2 petty offense and upon conviction thereof shall be punishable by a fine of $300 for each separate violation.
(10) Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation of this ordinance,
(11) Any Nude 'Entertainment Establishment which engages in repeated or continuing violations of these regulations shall constitute a public nuisance, For purposes of these regulations "repeated violations" shall mean three or more violations of any provision set out herein within a one (l) year period dating from the time of any violation, and a "continuing violation" shall mean a violation of any provision set out herein lasting for three or more consecutive days.
(12) The District Attorney, acting pursuant to Section 16-13-302, C.R.S., may bring an action in the District Court for Adams County for an injunction against the operation of such establishments in a manner which violates any of the provisions set out herein.
(13) This ordinance shall become effective January 5, 1988.
(14) If any provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not invalidate this ordinance in its entirety, and to this end the provisions of this ordinance are declared to be severable.
(15) Any nude establishment operating before the effective date of this ordinance shall comply with every provision of this ordinance on the effective date except as set forth in Number 7 above.
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ADAMS,
STATE OF COLORADO
LEO M. YOUNGER, Chairman Date: 11/30/87
CERTIFICATE OF ATTESTATION
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
I, William Sokol, County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Adams County, now in my office.
This Ordinance was published in full in a newspaper of general circulation in Adams County at least ten (10) days prior to its adoption; to wit, Thornton/Northglenn Sentinel, on November 12, 1987. Said Ordinance was introduced and read in full at a regular meeting of the Board of County Commissioners of the County of Adams, State of Colorado, on November 23, 1987. Said introduction and reading was held prior to the adoption of said Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Brighton, this 30th day of November, 1987.
WILLIAM SOKOL
County Clerk and ex-officio Clerk of
the Board of County Commissioners
By: Wilma Thatcher - Deputy