A REPORT PREPARED BY
CITY OF LAS VEGAS, NEVADA
CITY COMMISSION- MINUTES - REGULAR MEETING - MARCH 15, 1978 Page101
PUBLIC HEARING - 2:00 P.M.
Bill # 78-11 – Amending title XI OF THE CITY CODE BY ADDING A NEW CHAPTER Prohibiting ESTABLISHMENT OF SEXUALLY-ORIENTED BUSINESSES" IN CERTAIN AREAS OF THE CITY OF LAS VEGAS
Mayor Briare: Ladies and gentlemen, there have been several Public Hearings
scheduled for this afternoon, one of which is shown on the Agenda as Item "C" -
Bill No. 7D-Ill, to prevent the blighting and deterioration of neighborhoods and
certain business districts by limiting the locations of sexually-oriented
facilities. I would like to ask if there is anyone in the audience at this '
time Who is here to speak on this proposed ordinance at this Public Hearing.
The reason I want to ask is because our City Attorney has a couple of things
he needs to complete and if there is something to be discussed about this proposed ordinance, we would hear you right now. However, we would then delay our
ultimate action on the Bill until later on this afternoon.
Since you are here at the appointed hour, we would be delighted to hear whatever
comments you have on this ordinance.
Question: Any action on this then will be postponed until later?
Mayor Briare: That is correct, but this is the time set for our Public Hearing
and this is the time to speak on the subject if you would like to.
Question: May I speak now?
Mayor Briare: Yes - please state your name and we will be happy to hear from
you.
I am Dr. Harold Boyer. My office is located on property formerly at the corner
of Eastern and Charleston 2404 E. Charleston. This may be closing the barn gate
after the horse is gone as I have just recently sold my property, but I have had
ideas about the zoning for this type of thing for quite some time and have written
letters and have attempted to have my taxes reduced because of the proximity to an
area of this type, to the extent that I was unable to rent available space - first
quality space - for a period of at least two years. Secondly, in that profession
I have had unfavorable comments - perhaps not serious - but comments made about
the location of my office near a pornographic area. I have had patients over the
years come in and say - why did I have to have my property deteriorated by the
proximity to this area. Those times when I did not use this as my office my
parking spaces have been utilized by cars I felt had been going into this area.
For the last three years my associate and I have felt obligated to escort our
nursing personnel out to the back of the office to their cars as early as 5:30
in the evening - particularly in the winter time because during the time this
property has been there I have observed individuals who would be considered to
be a little dubious. I have had three break-ins in my office, and I feel this
has been largely contributory to the deterioration of my property.
I have strong personal feelings about this. I feel it has been detrimental to
the residential area which is immediately behind my office. In the immediate area
it is now taken Over almost completely by these sinners. I know of two
Bill No. 78-11
(cont'd)
individuals who )lave moved out because their clients, or customers, did
not want to come there. So, generally, I am strongly opposed to this
use because I think it contributes to the pollution - it's the same
whether it's air pollution - it is pollution of our country and I think
they should be in the areas of the dump yards and sewerage disposal plants.
That's where I think they belong and I might add that is the observation
of many I have talked to over the years.
Mayor Briare: Thank you very much Doctor. You are echoing some sentiments
that have been expressed certainly for a number of years and, unfortunately,
the City prior to this proposed ordinance - hopefully, this ordinance will
be of great help - as you have indicated, it is something that already is in
existence. I wish we had had this ordinance three or four or five years
ago..
You have indicated that in your opinion it has had an adverse effect on the
value of your property, as well as an adverse effect on the safety and well
being of your patients and employees. It is very helpful to have that type
of information from a person of your stature.
Dr. Boyer: Thank you.
(2nd Speaker) Mayor, I am Bill Baker and I am the Executive Director of
a group of concerned community citizens here called Christians Coalition
This is a group of concerned people who live in our community of Las Vegas
and they have asked me to address the City Council today on this ordinance -
this proposed ordinance.
We are concerned about all aspects of our society here, to include all the moral legislation and any proposed ordinances which oppress it.
I am here because it is a Public Hearing. I appreciate the opportunity to
have some input and dialogue with you on this particular proposed, ordinance.
Our first concern is the establishment of this so-called "adult sex-oriented
businesses" within even a remote proximity of Schools· I have noticed the
wording and I would like to get down to the exact wording a little bit later -
as it has come to me from those within City Hall, of 1000 feet - not within
1000 feet of schools, or park, or churches.
This ordinance, which attempts regulation of location according to legalistic
space and footage rather than a realistic evaluation of in-sight of such
location, is not acceptable to this group. The suggested limitation of l000
feet borders on the realm of thirty, actually - you could almost walk, or spit,
that far, and to say not within 1000 feet of schools, is a bit absurd.
Our concern, as parents, as citizens, is the easy access this would afford
to a naive and perhaps gullible customers. We are not only concerned about
the location of such businesses, we are equally concerned with the political
representation, or legislation, which would create such an ordinance, not
on the basis of moral concern or the well being of children in our community,
but rather on the business ethics and the rights of businesses to exist, such
as this.
As parents and taxpayers and community citizens, we are concerned when more
BILL No. 78-11
(cont'd)
consideration is given to the rights of these people and these types of so-
called sex-oriented businesses than the good and welfare of our children.
We are appreciative of the opportunity to express this concern and I assure
you that our fears are not based upon Freudian sexual hang-ups, or
extremism of any kind. We are simply concerned with the present and future
of our community and the moral fiber which must be enhanced if this society
is going to survive. Today's young people, we believe, are tomorrow's world
just as in Las Vegas, the same situation.
I am in favor of preventing these sex shops from being located, not only
near schools and parks, but in the community as a whole, as the Doctor who
preceded me here - the damaging effects of such establishments.
I am just quoting Deputy City Attorney Sitter, as quoted in the SUN - the
intent of this ordinance is to prevent blighting and deterioration of the
City's business districts. And he also continued to say it has been proven
there is a certain amount of shying away by the public to any area
where these businesses are located.
May I suggest that if it is know that such businesses traditionally insure
blight and deterioration of the City area, and in areas where they have been
located across the country, and if people really do shy away from such
areas, why encourage, or implement:, any such negative business to open in the
first place? Especially within proximation to schools, churches and parks?
Now, I believe our City has more than enough sex-oriented businesses (and
I keep using that phrase - it is not mine, originally - it's that of Deputy
City Attorney Sitter) it is evident in the parts of the world that I travel
That you can come to Vegas and get any kind, or attend, of sex deviation you
wish - whatever your pleasure might be - from prostitution or porno movies.
That is already here - Downtown and on the Strip, and every day I read in
the newspapers and in the media - they are full of reports of theft – rip offs -
robberies and even homicides - in these so-called "adult enterprises'.
Now if (and I say "if") we must legally allow these businesses to flourish
in the first place, then I would urge that we make it not any easier or
desirable for more, and others, to follow entrain. Other cities have their
porno areas outside the City Limits. They have said - we don't want them in
our City and they put them outside their city and what's happened is to allow
them to exist door-to-door - on top of one another - if they so wish. Those
that wish still have constitutional rights to visit these places - whatever
they refer to them as ~ and in this manner the majority rights, both adults,
young people and families in our community are upheld. I'm talking about the
rights of those - the right to work and raise children, without a negative,
debilitating disease of pornography taking a part and parcel of our
community structure.
So, members of the Council, we expect you to think not only in behalf of
businesses such as these, but also on behalf of concerned persons and their
families. Thank you.
Mayor Briare: Thank you -
Commissioner Lurie: That was a good speech - I don't know where you've been
for maybe the last five years, but I would like to send a copy of that to
Bill No. 78-11
Cont'd)
the District Courts and to the Supreme Court so that they understand your
concerns, and what we have been going through for the past five years
because this Commission (I've been on here for five years) has never issued
a License to a massage parlor or escort service, or any other adult-oriented
business. It has all been done by the Courts. So, if you don't mind, I'd
like to send a copy to these people who have been making the judgments on
where these businesses could be located.
City Attorney, Mike Sloan: I would like to comment: To me it is almost
incomprehensible that someone could be as concerned as this man obviously
is, and so completely misread what the intent of our office is . . .
First of all, the ordinance clearly prohibits, for the first time, the
· possibility of the establishment of these types of businesses in residential
areas - out in the C-1 area, which is now permissible.
The requirement of the 1000 feet of churches, schools, parks, playgrounds, is
in addition restricting them to particular areas. The way the City of Las
Vegas is zoned, obviously, is that we have certain thin layers of commercialism
which back up against residential - against schools - against playgrounds.
We have some churches that are located in commercial areas.
The whole intent of this ordinance was to prohibit the further encroachment
of these types of businesses into our community. Now, I know that everyone
would feel as you do - they would like to totally exclude these kinds of
businesses from the City of Las Vegas. If I could figure out a way to
legally do that, I would be delighted to do it, but It is Just not possible
and if you can tell me of a city where they have upheld a challenge to the
United States Supreme Court, or any competent Court, excluding them completely
from the city and zoning them outside the city, I would welcome seeing that
case and taking a look at it, but I am familiar with what has happened in
city after city across these United States. We have analyzed this - we have
looked at the situation to create a compound, or a combat zone, and it Just
becomes an outlaw district.
Our whole purpose here is to try to enact a regulation that will minimize
the encouraging of these sex-oriented businesses into our City. I don't
want this to be interpreted that this is something we are doing on their
behalf. I think you completely misread the interpretation. We are trying
to regulate it: Perhaps if I came up with an ordinance that said that we're
going to outlaw all these businesses . . . the City of Las Vegas, over the
years, has tried to do things like that but it always would up in the
courts...So the fact that Commissioner Lurie would like to send your remarks
among, it you would like to make those remarks to the District Court - the
Court is not going to be impressed -
Mr. Baker: I'm not here to impress the Court and I'm not here to impress
you - I am here representing a coalition of citizens . . .
Mr. Sloan: I understand that - we're trying to improve a situation . . .
Mr. Baker: Yes - you are on a positive bend and you are doing what you can
from the point of view from where you're from -
Mr. Sloan: Would you prefer to have no ordinance or this ordinance?
Mr. Baker: We would prefer to have a little more teeth in it - you talk
BILL No. 78-11
(cont'd)
CITY COMMISSION - MINUTES - REGULAR MEETING -'MARCH 15, 1978 Page 105
about 1000 feet - that's what we want to address our remarks to - isn't
that the old liquor permit - where they can't -
Mr. Sloan: There is a particular case out of Detroit which upheld certain
requirements - and you have to take these requirements in toto - we have
taken a look at the map of the City of Las Vegas showing where these things
would be allowed and where they would not be allowed. We came up with a
couple of different versions. In the first one -the one we wanted the most -
there were about only two places in the whole City where they could have
these businesses. The Supreme Court made it very clear, in the Detroit
case, that if you overly restrict it, under the First Amendment, the ordinance
would fall. Many of the other ordinances we looked at from areas throughout
the country, contained less than the 1000 feet requirement - I think, 500
feet. I would like to put in a 10,000 feet requirement. We have questionnaires here that we passed out in the community - the realtors and to the business people - most of them said - keep these guys out of town. I too agree with that, but it's not legal. It is not going to be upheld so it is silly to go through the exercise to put in l0,000 feet because when they go to court . . .
Mr. Baker: Well, our concern is not infringing on the rights of these businesses
Our concern is the rights of our young people, and our schools and a depth of 1000 feet is absolutely absurd.
Mr. Sloan: You will have to concede that most schools are in residential areas. They could not be located there. If, for example, you had a school, and I don't know how close the John S. Parks School to the location on East Charleston - but you may have a school - we had the old Fifth Street School on 5th Street and that's in a commercial district. This
1000 foot requirement becomes relevant because you have a school in a commercial area. If you put in a l0,000 foot requirement, because of the strip zoning, you might have some problems. I'm flexible as to the footage - the only catch is, the more you increase it the greater the likelihood is that we will go to court and lose.
Mr. Baker: What about the self determination of the cities, and the right
of that community to determine that which is against - again, that goes
back to the Supreme Court ruling, I believe - of a city with a self-
determinative right to interpret what is bad and what is good for the
community. What I'm saying is that you have phrased in this proposal - the
ordinance says the conditions and the offspring are blight and deterioration.
It is very hard to get a positive out of a negative statement like that.
Mr. Sloan: that's the whole purpose of our ordinance - that a concentration
of these businesses - as documented by the Doctor's statements - by the
Press ads you have - by the Sociologist we have and the material we have
from Los Angeles and other cities, that a concentration of these businesses
is going to deteriorate and blight that area. You have that on one hand.
You have on the other hand the fact that the United States Supreme Court
has recognized that book stores and theatres, no matter what they are showing up to a certain level are First Amendment activities and that you cannot
act to restrain their activities. In fact, the court has gone so far as to
say if you catch the same guy showing the pornographic movie five times
and you convict him five times, you still cannot revoke his license to show
those movies. I was trying to accommodate the honest desire of this
BILL NO. 78-11
Con’t
Commission to accommodate the obvious desire of this Commission to put as many restrictions as we possibly can on these sexually oriented businesses, and
to do it in a legal manner. It doesn't do any good to pass something if the court is going to throw it out.
Mr. Baker: We would Just like to see some attention if possible given to a little more teeth in that particular ordinance. Thank you.
Mayor Briars: Thank you very much Mr. Baker. Is there anyone else who wishes to be heard on this particular ordinance at this time? Mr. Sloan did you want the public
hearing continued, or since there is no one else in the audience that wishes to be heard, should we close it, and wait for your further ....
Mr. Sloan: The only thing I wanted it continued for is that a lot of people are interested obviously, and for certain things for the record we need to do, and I Just as soon continue it.
Anonymous Speaker: Can someone speak anonymously?
Mayor Briare: What are you going to say? Mr. Slosh he doesn't want to give his name. I don't know any rule that says you have co give your name. We usually like to have it for the record, but if you don't want to give your name, and if you are in good order, then go ahead.
Anonymous Speaker: There is a couple of things I Just want to say about this Bill. There is a lot to the Bill, but I Just think that you are going to create a monopoly for the existing businesses by preventing businesses to go close co each other in one respect. As far as the
Charleston development is concerned, that is very close to
the County line, so I don't see the point. There could be a bill, but this is not the one. I know chat they tried to figure out the best Bill, but if you create a Bill, like stores where they are, other than the Charleston area, then you will create a monopoly for the consumer. Also what about businesses that have the significant portion of the stock, most of the businesses here have a lot of the glossy page Playboy type magazines and so forth. As they the get more provocative through the years, are you going to go
in there and tell them that they are violating a zoning law. In addition to that, that's a business, it doesn't say adult books, that is a business that two fold. It has the popular magazines as well, like popular Mechanics, and so forth. What about the movie theatres that have '"G" pictures, and "GP" pictures, and then all of a sudden they have a picture that comes out of Hollywood, high production, and it is a "X" picture. That violates the description in theses laws.
I Just saw a picture "The Betsy", and I think that would violate this law. So what are you going to do? You are not going to enforce that. The enforcement is going to be against
Continued
some new operator. In addition to that, if you are not giving out licenses in the last five years, and you pass this Bill, which I think pretty much what is going to happen.
If somebody cones in and applies for a license are you going to give them license? Even if he is somewhere on a commercial street somewhere in the boon docks. Are you going to give him a license when you pass this Bill? You are not going to give him a License anyway apparently. It is just an exercise in futility anyway.
Commissioner Christensen: I think you missed part of lt. When he said that we haven't issued a license within the last five years, he means that we haven't issued a license except by court order.
Anonymous Speaker: Yes, but you can’t legitimize something here, and then at the same time say you are not going to give out the license anyway.
Commissioner Christensen: We haven't illegitimatized, anything. The Supreme Court has made these things legitimate. We would like to have then illegitimate, but we can't.
Anonymous Speaker: O.K. then we all go along with the Supreme Court. But you are trying to make this a law like it is the legal law. Do you know what I mean. A law of
the City in this respect, and at the same time not give out the licenses which is. what the courts have all rendered. Which means expense of somebody going into business.
Commissioner Christiansen: If this were enacted into law, end
someone came in for a license for one of these types of businesses,
in a particular area that was allowed under this ordinance,
then we couldn't deny that license.
Anonymous Speaker: So you are saying that if this was enacted,
that somebody could come in for a license you would issue one?
Commissioner Christensen: If they fit the criteria. We would
have to give then a license if they fit our criteria.
Mr. Sloan: This is a zoning ordinance. What you have done
in the past five years in denying people licenses is under
the business license application. As I recall the Talk of
the Town decision, the Supreme Court of this State, and the
District Court, almost every tine the City has passed an ordinance
trying to make it more difficult to get a business license
to engage in those businesses, they have frustrated your efforts.
They have said that you have to treat then essentially as you
treat other businesses. Now we May not like that, but that is
what we have been told by the courts. We are not saying
by this zoning ordinance that you have to give them a license.
I think that might be a requirement of law, as laid on by
the Supreme Court of our State, and the United States Supreme
Court, but ....
Commissioner Christensen: Then to reinterpret that, we would probably have to give them a license unless we could find legitimate reason to deny the license, such as
falsification of an application and so forth.
Mr. Sloan: But whether or not you enact this ordinance that is the requirement of the law today.
Commissioner Christiansen: That is a requirement either way, right?
Anonymous Speaker: What would you do about businesses that have a multi-use. Originally book stores were in the back room sort of speak to separate the adults from the children and so forth, and they had the popular magazines in the front row. Nov what would happen to a business like that? There happened to have been one in the County at one time, but he is not there anymore. Mainly in the City you have
Just the adult stores. In addition as I said, we create a monopoly. The ones that should be in favor of this ordinance should be the open who are existing in business now, because
it creates monopoly. They will have no competition. I want you to know that the prices here in Las Vegas are three, and four rimes the prices like in Cities like in Philadelphia
and New York. ·
Commissioner Lurie: Well it should be. I would like to move all the stores back there.
Anonymous Speaker: Obviously you are creating a monopoly for the existing stores.
Mayor Briare: Thank you very much. ~ is there anyone else? (No response). Then we will continue the public hearings in such time as Hr. Sloan has the additional documentation that you want. The next public hearing is for a ....
Commissioner Leavitt: These affidavits that have been presented Are supposed to be submitted as part of this public hearing?
Mr. Sloan: That is basically why we are continuing the hearing, Just to put all that material into the record. It would take 10 or 15 minutes Just to complete our record, and I didn't want to impose on these people.
Commissioner Leavitt: Well are you putting it in the record now, or are you giving it to us for review?
Mr. Sloan: We will give it to you now. and then we will introduce it into the record when the Mayor resumes the hearing after we take care of this other business.
9
Mayor Pro-Tem Luria: We will now 8o to Bill 78-11, a continuation of the Public Hearing.
Mr. Sloan: For the benefit of the Commission I am going to make some remarks for the record in case we wind up in court on this matter. I have made available to members of the commission, and would like to have entered into the record the results of four different questionnaires, which to my office prepared and conducted. One which was distributed to brokers and realtors in the Las Vegas Area. We received 46 answers, which overwhelmingly document the blighting and adverse effect to business, as attributed, or attested of the concentration of Sexually Oriented Businesses . The other questionnaires are similar in the result that we took from homeowners and residences of the area that we took from homeowners and residents of the area that are located near sexually oriented businesses. Businesses located near East Charleston concentration and those over in Las Vegas Boulevard South, and a cross section survey of residents and areas not presently impacted by sexually oriented businesses. Each of these questionnaires fully supports the underlying concept of the dispersal ordinance. In addition to those four documents, I would like to have entered into the record three affidavit, two of which are familiar to the commission, because they are similar
to the ones that we used when we adopted the downtown moratorium. One is by Officer William Powell who is a police officer with the narcotics division of the Metropolitan Police Department. Based on his expert testimony he concludes that there is a higher instance of crime where there is a concentration of sexually oriented businesses. The other is an affidavit from Don Saylor based on his experience and background of 25 years of Planning, as to the adverse and impact of the concentration of such businesses. in addition there is an affidavit by Don Cairnes, who is a sociologist with excellent credentials who gives a detailed explanation of the perception of the blighting which results in the concentration of theses businesses, which is similar in nature to the affidavit which was used in the Detroit case which was upheld by the Supreme Court. In addition I would like to incorporate the documents which were used as evidence during the moratorium, because they are similar in nature to this. Our concern is that it is obvious no matter what we have tried to do there is a problem of perception on the pat of the public. That was made clear from the comments of one individual. I hope he doesn’t speak for a great number of people. We are trying to do the best we can in our office to come up with an ordinance, which is going to restrict these businesses. It may be that you would like to hold this until the next meeting after we hear the recommendation from the recommending committee. Hold this until April 5th so that you will have an opportunity to gather additional public input, and ten take action on this matter (Moratorium exhibits "A thru G filed in separate folder with Commission meeting of 1/4/78 reference Bill No. 78-63).
Mayor Pro-Tem Lurie: If the Commission agrees with that, then this item will be held for further study between now and April 5th, at which time we will take action on ordinance 78-11.
AFFIDAVIT
STATE OF NEVADA )
)
COUNTY OF CLARK )
DONALD SAYLOR, being first duly sworn, says and deposes that
1. He is the Director of the Department of Community Planning and
Development of r-he City of Las Vegas and has served in such capacity for the
last 15 years;
2. He holds a Master's degree in planning from the University of
Wisconsin, has had 25 years of professional planning experience, is a full
member of the American Institute of Planners and has served numerous times
as an expert witness in the courts of the state of Nevada
3. In his capacity as Planning Director of the City of Las Vegas,
he has reviewed a proposed zoning ordinance dispersing sexually-oriented ·
businesses so that no such business is allowed to exist within 1000 feet of
churches, schools, parks or other similar businesses. The proposed
has been endorsed by the Planning Commission of the City of Las Vegas. That
prior to adopting such ordinance the City conducted an extensive survey of
residences, businesses and real estate brokers and agents. Such surveys
showed that the concentrations of sexually-oriented businesses did indeed
bring About a deteriorating effect on the surrounding neighborhood and businesses;
4. The objective of the proposed new zoning ordinance is to maintain an environment that is conducive to the tourist industry, which in his judgement can be best accomplished by excluding businesses that are not conductive to that intent, such as adult bookstores, adult movie theaters, massage parlors, and other sexually oriented businesses:
5. Based upon his training and experience, he believes that the existence of sexually oriented businesses can have a decaying and brightening effect on the city of Las Vegas, as substantiated by the above mentioned survey:
6. He is familiar with the study of the effects of the concentration
the Department of City Planning and based upon his education,
believes that many of :he conclusions set forth in that report concerning the
adverse impact of the concentration of such businesses in any given location
are applicable to the City of Las Vegas as well as to the City of Los Angeles;
7. Based on his training and experience, the concept of a dispersal ordinance aimed at spreading out sexually-oriented businesses as well as confining them to commercial and industrial areas, is consistent with proper planning techniques and is in the best interest of the inhabitants of the City of Ls Vegas.
DONALD SAYLOR
SUBSCRIBED and SWORN to before me
This 15th day of March , 1978
Paula Tovey, Notary Public
STATE OF NEVADA )
)
COUNTY OF CLARK )
WILLIAM POWELL, first being duly sworn says and
1) That he is a detective with the Las Vegas Metropolitan Police Department assigned to the Vice and Narcotic Division and has served in that capacity for the last two and one-half years;
2} In his capacity as a detective with the Vice and Narcotics Division he has had occasions to observe the incidents of crime in areas within which adult oriented businesses such as massage parlors, bookstores and adult theatres have been
located;
3)' That he is familiar with the recent study of the effects of the concentration of adult entertainment establishments in the city of Los Angeles prepared by the Department of City Planning of the City of Los Angeles, including that portion of
the report beginning. On page 51 which sets forth information extracted from a report to the Planning Commission on "the impact of sex oriented businesses on the police problems of the city of Los Angeles" prepared by the Los Angeles City Police Department
4) That based upon his experiences as a Vice detective.
and the information set forth in the above-cited report, as well as his knowledge of criminal activities 'in other major
cities your affiant has concluded that the concentration of adult entertainment establishments such as adult bookstores and theatres, massage parlors, escort services, and other sex oriented businesses tends to encourage and promote the concentration of criminal activity in the effected area. ,'
Subscribed and sworn to before me
this 3rd day of January, 1978.
Paula Tovey
Notary Public An and/for said
County and State
STATE OF NEVADA )
)
COUNTY OF CLARK )
DONALD E. CARNS, being first duly sworn deposes and says that
1) He is a is a Professor in the Department of Sociology at
the University of Nevada, LasVegas and has taught in that department since 1973;
2) He holds a doctorate degree in Sociology from Indiana
University, Bloomington, Indiana, and an M.A. and B.A. in
Sociology from Southern Illinois University, Carbondale Illinois;
3) He is the author of numerous books, including Cities
in change, Sociology: the study of human Interaction and Sexual Deviance
4) He has been involved in extensive research programs
including from 1966 to 1968, Institute for Sex Research, Indiana
University; and 1975 to the present, Research Facility and Survey
Unit, College of Arts and Letters, University of Nevada, Las
Vegas; all as is more fully set forth in the attached Vitae
5) "In a free-choice society; characterized as the United States is, by private enterprise and open-housing choices, nothing affects urban change so profoundly as the collective and shared perceptions of the city's residents and business owners. Other factors also have a strong bearing on internal change in a city. Notable among these are shifting market conditions, changes in population demographics, legal events, and the like. But all things being equal, , when any given city with a steady growth rate is considered, the collective perceptions (shared representations") of land use, neighborhood factors, play by far the greatest role in the deterioration, stability , or improvement in a city's sub-areas.
6) For a number of years the invasion-succession process of land usage provided an ideal example of the foregoing in the area of small businesses. In the not-too-distant past the Times Square-Broadway section of New York City was symbolized by residents and visitors alike as the heart of New York and, in
some respects, of the whole country. A series of events began to undermine the economic base of the area to the West of Times Square --roughly between the Hudson River and Broadway. Where once great ocean liners departed from mid-town piers on the Hudson, now there stood useless piers, abandoned warehouses, and derelict people. The West Side highway was also allowed to decay and much of the area which bordered the River became storage lots and municipal dumping grounds, devoid of residents, businesses or anything remotely resembling a highly valued land use. And the
blight spread eastward. What had once been the glittering theatrical district of New York -- 42nd to 48th Streets, west off Broadway -- became the tawdry theatre district. Seemingly over- night legitimate theatres shared blocks with numerous porn
theatres/ adult bookstores, massage parlors, topless discos, and the like. Businesses which had Once been the mainstay supports of the theatre district -- restaurants, hotels, night- clubs -- went out of business or moved elsewhere. The street population shifted toward pimps, prostitutes, migrants, people on the make. Land values fluctuated but the quality of use deteriorated. Crime increased many times over. But perhaps
most importantly, New Yorkers lost faith in Times Square and the Theatre District. The out-of-towners followed suit. Since sexually-oriented businesses and all they connote are not
(the next eleven lines of text are not legible)
Processes for many decades and which now stand (illegible) resembling in form only the once vibrant organically interrelated places they were in times past. (illegible) Cleveland, Gary, Baltimore, Philadelphia, Washington, Providence, Buffalo, St. Louis, and many other cities which grew to prominence and population before the wide-spread use of the internal combustion engine in transportation. Nor have many later predominantly Western cities fared better. Again witness Los Angles' downtown-periphery and San Francisco's rapidly deteriorating Union Square area. Pushed by irrational Federal policies which encouraged suburban sprawl and private transportation systems,
the people, in a complex series of decisions, hesitantly at first, but ultimately with an agreed upon necessity, decide that a city's area has had it. The neighborhood or area is lost forever to any previous land use basis, and only can be retrieved by significant expenditures of investment, massive public relations campaigns, innovative legislation, taxing districts, and thc like. Such measures would never have been necessary if steps had been taken earlier in the change process.
earlier before perceptions of the area provided the basis for a "self-fulfilling prophecy" to take hold and shift land uses away from an economic and social definition which one could consider viable for the city as a whole.
8) Proposals to limit the growth of such adult-oriented enterprises near schools, churches,
and residential neighborhoods have been properly enacted pursuant to the zoning power of municipalities. Such proposals are based on the potential harm of such. Businesses to the institutions and neighborhoods in proximity as well as nearby residents and even the "clients" of such businesses. What we are arguing is a simple extension of the logic of such dispersal ordinances: that Las Vegas residents and visitors, in a clear majority, conceptualize the growing proliferation of adult-oriented businesses as a clear sign that the city area is on the decline; and that worse things will come, including higher crime rates. This perception, when it reaches the inflection point of shared awareness, will have an inevitable irreversible effect on the economic vitality of Las Vegas. Since
this area and the tourist industry in general are vital to the economic well-being of all Las Vegas, it follows that as adult-oriented businesses proliferate in the downtown area without planning or direction, they will undermine neighborhoods even away from downtown, will eventually undermine the economic basis of the city, and ultimately will require the same local and Federal stop-gap actions that have been detailed earlier as
ineffective and expensive.
9) To underscore this prediction we should consider various types of businesses, which flourish in and around major job and money creating institutions such as hotels and casinos. We can anticipate four types:
(Illegible)
increase the desirability of a particular land use of an area. In this category we should include smaller casinos, restaurants, legitimate service agencies such as car rentals, and a limited number of parking facilities.
B) Symbiotic businesses which do not, per se benefit the major definition of land use, but also do not unduly detract from it as long as too large a concentration does not result. In this category we should include bail bond agencies, limited numbers of adult-businesses if sub-zoned properly, lower income hotels, and the like. These establishments provide needed services or facilities and can, under the right circumstances,
benefit the major economic institutions of the area.
C) Benign land use which includes, in moderation, those facilities which locate in the area for reasons having nothing to do with recreation and tourism: public and official facilities, banks, real estate and law offices lead this category.
D) Parasitic land use, i.e., businesses which feed off the major economic sector and its people-generating capacity, but which do not benefit the area or remain benign to it. Instead their very existence can prove deleterious to the economic health of the Downtown area, and to areas in close proximity to residential neighborhoods by providing a basis for negative evaluations of those areas by locals and visitors in the fashion discussed previously. Adult oriented businesses, in high concentration, are in this category.
10) Based on the foregoing discussion, it is my firm belief that a dispersal ordinance would not only limit the concentration of these adult-oriented businesses, but stop the
invasion-succession process before it begins and before it guts the now prosperous business districts to a point of irretrievability. ~
signed
DONALD E. CARNS
Subscribed and sworn to before
me this 15th day of March, 1978.
Paula Tovey
Notary Public in and for said
County and State
Results
Brokers and Realtors Questionnaire
Number of Answers: 46
1. What effect does the concentration of adult entertainment establishments have on the market value of business property (Land, Structures, fixtures, etc) located in the vicinity of such establishments?
Increase in Value : 2
Decrease in Value: 40
No effect: 7
2. What effect does the concentration of adult entertainment establishments have on the rental value of property located in the vicinity of such establishments?
Increase in Value: 3
Decrease in Value: 37
No effect: 9
3. What effect does the concentration of adult entertainment establishments have on the rentability/saleability of business property located in the vicinity (length of time required to sell or rent property; rate of lessee/buyer turnover; types of businesses of prospective lessees/ buyers; conditions of sale or lease, etc.
Increase in Rentability/saleability: 3
Decrease in Rentability/ saleability: 38
No effect: 8
4. What effect does the concentration of adult entertainment establishments have on the annual income of businesses located in the vicinity of such establishments?
Increased Income: 1
Decreased Income: 38
No effect: 6
5. Have any business owners or proprietors considered relocating or not expanding their business because of the nearby concentration of the adult entertainment establishments?
Yes: 18
No: 1
Not known: 25
6. In recent years has the commercial vitality (sales, profits, etc) of any area of the city of Las Vegas been affective in any way by the nearby concentration of adult entertainment establishments?
Yes: 23
No: 3:
Not Known: 14
7. What effect does the concentration of adult entertainment establishments have n the market value of private residences located within the following distances from such establishments:
Increase Decrease No Effect Unknown
Less than 500' 0 31 5 1
500'-1000' 0 29 5 1
More than 1000' 0 26 8 1
8. What effect does the concentration of adult entertainment establishments have on the rental value of residential income property located within the following distances form such establishments?
Increase Decrease No Effect Unknown
Less than 500' 0 30 6 1
500'-1000' 1 25 6 5
More than 1000' 1 24 11 1
9. What effect does the concentration of adult entertainment establishments have on the rentability/saleability of residential income property located within the following distances form such establishments?
Increase Decrease No Effect Unknown
Less than 500' 0 29 5 3
500'-1000' 0 26 5 8
More than 1000' 0 24 10 3
What
10. In regard to the question set forth above, please describe the effects which you believe the concentration of Adult Entertainment Establishments have on each of the following:
a. Property values of surrounding area Increase Decrease No Effect
Commercial Property: 2 30 1
Residential Property 1 33 0
b. Rental Values of surrounding area
Commercial Property 2 27 1
Residential Property 2 28 1
c. Vacancies 19 0 1
Increase Decrease No Effect
d. Rate of Tenant Turnover 22 1 1
e. Annual Business income: 2 19 2
f. Complaints: 13 0 1
g; Neighborhood Attractiveness 0 21 1
h; Crime 21 0 0
i. Litter: 14 0 5
Comments: "These establishments do not lend any desirable aspects to residential property.", If this type of business must go on, put them 50 miles or more out of the city.", " Most of the reputable business on East Charleston, east of Eastern were forced to move out due to loss of customers."
Other comments included the undesirable characters hanging around such establishments; the deterioration of the surrounding area and several comments were made on businesses that had moved out due to the adult entertainment businesses locating nearby.
One broker did indicate that he thought the area was deteriorating anyway and another commented on the fact that it was difficult for Adult Entertainment Businesses to find locations for their business since they were not allowed in many parts of the city.
QUESTIONAIRE
Home Owners and Residents - distributed to neighborhoods located near adult Entertainment Businesses.
37 questionnaires distributed, 13 responses
1. What overall effect do you feel that adult entertainment establishments have had on your neighborhood?
Positive Effect: 2
Negative Effect: 8
No Effect: 1
Unknown: 2
2. What overall effect do you feel that adult entertainment establishments have had on the business condition (Sales & Profits) in your area?
Positive Effect: 2
Negative Effect: 8
No Effect: 1
Unknown: 2
3. What overall effect do you feel that adult entertainment establishments have had on homes (values & Appearance) in an area immediately adjacent (2 block radius) to such establishments?
Positive Effect: 2
Negative Effect: 11
No Effect: 1
Unknown: 0
4. What overall effect do you feel that adult entertainment establishments have had on homes (value & appearance) located within 500 feet (one city block) from such establishments?
Positive Effect: 2
Negative Effect: 8
No Effect: 1
Unknown: 2
5. Do you believe the establishment of an adult entertainment facility in the vicinity of your residence has had any of the following effects?
No Effect: 1; Lower Rent: 3; Vacant Homes: 1; Tenants/residents moving out:4; Complaints from tenants/residents: 2; less crime: 0; More Crime; 9; Improved Neighborhood appearance: 0;, Decreased property value: 9; Increased property value:0; Lower taxes:0, Higher taxes:1, More litter: 7; Other (specify) [noise]: 1.
6. Have you seriously considered moving out of your home/residence due to adult entertainment establishments operating nearby? YES: 9; NO: 6
7. Would you consider relocating elsewhere in your immediate neighborhood (within a 2 block area): YES: 1; NO: 13
8. If the answer to No 7 above is "NO" is your decision influenced in any way by nearby (2 block area) concentrations of adult entertainment establishments?
(COMMENT: all the comments reflected that their answer "No" WAS influenced by the location of adult entertainment establishments in the nearby area.
9. What types of adult entertainment establishments are there in your neighborhood?
Adult Bookstores: 13, Massage Parlors: 11, Peep Shows: 8, Bars with X-rated entertainment: 3, Nude or Topless Dancing:5, adult theaters: 13, Adult Motels:3, Other sex shops: 6.
10. How far from your home /residence is the nearest adult entertainment establishment?
Less than 500' (one city block) 4
500' to 1000' (1 to 2 city blocks) 11
1000' or more ( 3 city blocks) 0
11. Have any of your normal living habits (going out at night, walking in the evening, riding bicycles, etc.) been limited or hindered in any way by the operation of nearby adult entertainment establishments?
Yes: 11 No: 2
COMMENTS:
1. Transient traffic - cars parked in alley so they won't be seen parked in front of the adult entertainment business
2. Alarm systems and iron bars on and in the homes have increased.
3. Young kids hanging around the places and buying materials
4. Afraid to walk in the are at any time of day or evening.
5. Relocation of business because of the adult entertainment establishments
6. Tends to attract undesirable people.
RESULTS
Business Owners and Proprietors
Distributed 30
Responses 12
This questionnaire was handed out to business owners and proprietors who have businesses (Other than adult entertainment oriented) in such areas of the City (East Charleston & Eastern, Las Vegas Boulevard South and Sahara).
1. What overall effect do you feel that adult entertainment establishments have had on a neighborhood?
Positive effect: 1
Negative Effect: 8
No Effect: 3
2. What overall effect do you feel that adult entertainment establishments have had on the business condition (Sales, profits, etc.) in the area?
Positive effect: 2
Negative Effect: 6
No Effect: 4
3. What overall effect do you feel that adult entertainment establishments have had on homes (Value and Appearance) in the area immediately adjacent to adult entertainment businesses?
Positive effect: 1
Negative Effect: 9
No Effect: 2
4. What overall effect do you feel that adult entertainment establishments have had on homes (Value and Appearance) in the area located 5000 fe4et or more from adult entertainment businesses?
Positive effect: 0
Negative Effect: 9
No Effect: 3
5. Do you believe the establishment of an adult entertainment facility in the vicinity of your business has had any of the following effects?
No Effect: 2; Lower Rent: 2; Vacant Businesses: 6; Tenants/residents moving out:6; Complaints from tenants/residents: 8; less crime: 0; More Crime; 7; Improved Neighborhood appearance: 0;, Decreased property value: 6; Increased property value:0; Lower taxes:0, Higher taxes:1, More litter: 6; Other : 2.
6. Have you seriously considered moving out of your business elsewhere because of nearby concentrations of adult entertainment businesses? YES: 6; NO: 6
7. Would you consider expanding in your current location: YES: 4; NO: 8
8. If the answer to No 7 above is "NO" is your decision influenced in any way by the nearby concentrations of adult entertainment businesses?
( COMMENTS:
1 "My location was an excellent legitimate business location prior to being taken over by pornography - now I probably could not even sell it as an existing business because of the pornography"
2. "Yes - the adult block is one block away from medical -dental offices.")
.
9. What types of adult entertainment establishments are there in your neighborhood?
Adult Bookstores: 11, Massage Parlors: 9, Peep Shows: 7, Bars with X-rated entertainment: 2, Nude or Topless Dancing: 4, Adult theaters: 9, Adult Motels: 1, Other sex shops: 6.
10. How far from your business is the nearest adult entertainment establishment?
Less than 500' (one city block) 12
500' to 1000' (1 to 2 city blocks) 0
1000' or more ( 3 city blocks) 0
11. Have the hours of operation of your business been limited or hindered in any way due to a nearby concentration of adult entertainment establishments?
Yes: 2, No: 10
12. Have you had any difficulty in renting office space in your building to other businesses (other than adult entertainment facilities) due to adult entertainment facilities operating nearby? Yes: 2, No: 4
13. Have you had difficulty in keeping desirable tenants in your building to the operation of adult entertainment establishments nearby? Yes: 1; No: 3
14. Have you had difficulty in recruiting employees for your business due to the operation of adult entertainment establishments nearby? Yes: 2; No: 8
15. have you lost any patronage from your business due to adult entertainment establishments operating nearby? Yes: 5; No: 6
COMMENTS:
1. Disgruntled Customers
2. Unsavory Neighborhood
3. Disrupt our tourist image
4. "I have office space which I have had difficulty in renting and other space which has not been rented"
CROSS SECTION SURVEY RESULTS
Distributed to Three Different Neighborhoods in the City of Las Vegas Not located near adult entertainment businesses
*Even though some of the responses in these categories were listed as "Positive", it was clear from the additional comments made that those persons answering the questionnaire felt that adult entertainment businesses had detrimental effects on the business condition, home value and appearance and on neighborhoods in general. Therefore, the responses were classified under "Negative Effect".
Number Distributed: 70
Number responses: 29
1. What overall effect do you feel that the adult entertainment establishments have on a neighborhood:
Positive Effect: 3
Negative Effect: 26*
No Effect: 1
Unknown; 0
2. What overall effect do you feel that adult entertainment establishments have on the business condition (Sales & profits) in the City of Las Vegas?
Positive Effect: 5
Negative Effect: 21*
No Effect: 1
Unknown; 2
3. What overall effect do you feel that adult entertainment establishments have on homes (value and appearance) in an area immediately adjacent to (a 2 square block radius) such establishments?
Positive Effect: 3
Negative Effect: 26*
No Effect: 0
Unknown; 0
4. What overall effect do you feel that adult entertainment establishments have on homes (value and appearance) located within 500' ( one city block) from such establishments?
Positive Effect: 3
Negative Effect: 25*
No Effect: 0
Unknown; 0
5. Do you believe the establishment of an adult entertainment facility in the vicinity of residential neighborhoods has any of the following effects?
No Effect: 0; Lower Rent: 17; Vacant Homes: 19; Tenants/residents moving out: 21; Complaints from tenants/residents: 15; less crime: 0; More Crime; 21; Improved Neighborhood appearance: 0;, Decreased property value: 23; Increased property value: 1; Lower taxes: 6, Higher taxes:3, More litter: 20; Other : 3.
6. Would you seriously considered moving out of your home/residence if adult entertainment establishments were operating nearby? YES: 25; NO: 1
7. If adult entertainment establishments were operating in your neighborhood, would you consider relocating elsewhere in the immediate area (within 2 - square block area)?
Yes 3; No 23
8. If the answer to number 7, above is "NO", would your decision to relocate have been influenced in any way by nearby (within 2 blocks square) concentrations of adult entertainment establishments?
COMMENTS:
All answers reflected that the decision to relocate (19 No's) in the immediate area would be heavily influenced by the operation of adult entertainment businesses in the neighborhood.
9. Are you opposed to future locations of any of the following types of adult entertainment establishments in your neighborhood?
opposed not opposed no opinion
ADULT BOOKSTORES 24 0 0
MASSAGE PARLORS 23 0 0
PEEP SHOWS 23 0 0
BARS WITH X-RATED ENTERTAINMENT 21 0 1
NUDE/TOPLESS DANCING 21 0 3
ADULT THEATERS 21 0 1
ADULT MOTELS 22 0 2
OTHER SEX SHOPS 21 0 2
10. Do you feel that any of your normal living habitats (going out at night, walking in the evening, riding your bicycle, etc) would be limited or hindered in any way by the operation of adult entertainment businesses in your neighborhood? YES: 26, NO 1
COMMENTS
"We feel it would reduce any neighborhood to a ghetto. It would bring in the worst element. We don't need degenerates. There is enough of that already in our town."
" The element of this type of business never helped any business near it - they only degrade an area."
"Look at most any city. The adult oriented businesses are usually located in undesirable areas - I think that if adult businesses were to be concentrated, fringe areas would soon degenerate to an undesirable environment, (Appearance, etc.)"