These summaries are edited from research provided by the
staff of Community Defense Counsel.
Original copies of each study are available on the Community Defense
Counsel web site (http://www.communitydefense.org).
(See Appendix G for addresses.)
The study examined crime statistics for 1978, comparing
areas that have sexually oriented businesses with those that do not.
The results show a marked increase in sex offenses in
neighborhoods with sexually oriented businesses, and increases in property and
violent crimes as well.
Three study areas (near locations of sexually oriented
businesses) and three control areas (with no sexually oriented businesses) were
selected. The study and control areas
were paired according to the number of residents, median family income,
percentage of non-white population, median age of population, percentage of
dwelling units built since 1950, and percentage of acreage used for residential
and non-residential purposes.
Three categories of criminal activity were included in the
study: property crimes (burglary,
larceny, auto theft), violent crimes (rape, murder, robbery, assault), and sex
crimes (rape, indecent exposure, lewd and lascivious behavior, child
molestation).
On average, the number of sex offenses was 506 percent
greater in neighborhoods where sexually oriented businesses were located. In
one of the neighborhoods the number was 1,000 percent above the corresponding
control area. Of the sex offenses,
indecent exposure was the most common offense and the largest contributor to
the increase of crimes in areas where sexually oriented businesses were located. Even without considering the crime of
indecent exposure the number of other sex crimes, such as rape, lewd and
lascivious behavior, and child molestation, was 132 percent greater than in
control areas without sexually oriented businesses.
On average, the number of property crimes was 43 percent
greater in neighborhoods where sexually oriented businesses were located, and
the number of violent crimes was 4 percent higher in those areas.
The
A petition signed by 51 percent of the residents in the 500
foot radius who do not object must be filed and be verified by the Planning
Director.
The Police Department Investigative Services provided a memorandum to the City Prosecutor documenting the events and activities at “adult entertainment bookstores and establishments” in order to show the need for stronger ordinances. The investigations, which were started in 1986, were a result of numerous complaints of illegal sexual activity and unsanitary conditions
During their investigation, the Officers found a wide variety of illegal sexual conduct at all adult businesses. At virtually every such business, employees were arrested for prostitution or obscene sex shows. Dancers were usually prostitutes where, for a price, customers could observe them performing live sex acts. At several businesses, customers were allowed inside booths with dancers and encouraged to disrobe and masturbate. Many times, dancers would require customers to expose themselves before they would perform. Underage dancers were found, the youngest being a 15 year old female.
In addition, officers often found puddles of semen on the floor and walls of peep booths. If customers had used tissues, these were commonly on the floor or in the hallway. On two occasions, fluid samples were collected from the booths. In the first instance, 21 of 26 samples (81%) tested positive for semen. In the second sampling, 26 of 27 fluid samples (96%) tested positive for semen. "Glory holes" were also present in the walls between adjoining booths, that facilitated anonymous sex acts between men.
In light of their findings, the investigators made four recommendations to the city prosecutor. First, the bottom of the door in peep booths must be at least 30 inches from the floor so that an occupant can be seen from the waist down when seated. Second, the booth cannot be modified nor can a chair be used to circumvent the visibility of the client. Third, employee licensing procedures that include a police department background check should be put in effect. Finally, in the event of a denied or revoked license, the requirement of a hearing before any action is taken.
This report by independent consultants summarized
statistics to determine whether adult businesses should be regulated because of
their impact on crime, property values and quality of life. Statistics were measured from 1981 to 1990,
and included crime data and surveys with real estate professionals and city
residents.
Crime increased significantly with the opening of an adult
business, or with the expansion of an existing business or the addition of a
bar nearby. The rise was greatest in
"serious" offenses (termed "Part I" crimes: homicide, rape,
robbery, assault, burglary, theft and auto theft). On
Overwhelmingly, respondents said that an adult business
within 200-500 feet of a residential and commercial property depreciates that
property value. The greatest impact was
on single family homes. The chief factor
cited for the depreciation was the increased crime associated with adult
businesses.
Phone calls were made in a random sample of households in
the
The report concluded that adult businesses have a
"real impact" on everyday life through harmful secondary effects and
made four recommendations: (1) keep
current requirement of 1,000 feet separation between adult businesses; (2) prohibit
adult establishments within 1,000 feet of residential areas; (3) enact a system
of conditional use permits for adult businesses with police department
involvement in every aspect of the process; and (4) prohibit bars or taverns
within 1,000 feet of an adult business.
The Department of City Planning studied the effects of the
concentration of sexually oriented businesses on surrounding properties for the
years 1969-75 (a time of proliferation for such businesses). The report focuses on five areas with the
greatest concentration of these businesses (compared to five
"control" areas free of them), and cites data from property
assessments/sales, public meeting testimony, and responses from two
questionnaires (one to business/residential owners within a 500 foot radius of
the five study areas and a second to realtors/real estate appraisers and
lenders). Crime statistics in the study
areas were compared to the city as a whole.
Also included: a chart of
sexually oriented business regulations in 11 major cities, details of current
regulations available under state/municipal law, and appendices with samples of
questionnaires, letters and other study materials.
While empirical data for 1969-75 did not conclusively show
the relation of property valuations to the concentration of sexually oriented
businesses, more than 90 percent of realtors, real estate appraisers and
lenders responding to the city questionnaires said that a grouping of such
businesses within 500-1,000 feet of residential property decreases the market
value of the homes. Also residents and
business people at two public meetings spoke overwhelmingly against the
presence of sexually oriented businesses, citing fear, concern for children,
loss of customers and difficulty in hiring employees at non-adult businesses,
and the necessity for churches to provide guards for their parking lots.
More crime occurred where sexually oriented businesses were
concentrated. Compared to city-wide
statistics for 1969-75, areas with several such businesses experienced greater
increases in pandering (340 percent), murder (42.3 percent), aggravated assault
(45.2 percent), robbery (52.6 percent), and purse snatching (17 percent). Street robberies, where the criminal has
face-to-face contact with his victim, increased almost 70 percent more in the
study areas. A second category of crime,
including other assaults, forgery, fraud, counterfeiting, embezzlement, stolen
property, prostitution, narcotics, liquor laws and gambling increased 42 percent
more in the study areas over the city as a whole.
The study recommended distances of 1,000 feet between
separate sexually oriented businesses, and a minimum of 500 feet separation of
such businesses from schools, parks, churches and residential areas.
After experiencing a rapid growth of sexually oriented
businesses since 1969, the Whittier City Council commissioned a study of the
effects of the businesses on the adjacent residential and commercial
areas. At the time of the study,
After 1973, 57 percent of the homes in the adult business
area had changes of occupancy, compared to only 19 percent for the non-adult
business area. Residents complained of
"excessive noise, pornographic material left laying about, and sexual
offenders (such as exhibitionists) venting their frustrations in the adjoining neighborhood." Citizens also expressed concern about drunk
drivers coming into the area. Business
Area 1, with the most concentration of adult businesses (six), experienced a
134 percent increase in annual turnover rate.
Area 3, with three adult businesses at one location, showed a 107
percent turnover rate. Area 2 (with one
adult business) had no measurable change and Area 4 (with no commercial or
adult businesses) experienced a 45 percent decrease in turnover from similar
periods.
The City Council looked at crime statistics for the two
residential areas for the time periods of 1970-73 (before adult businesses) and
1974-77 (after adult businesses). In the
adult business area, criminal activity increased 102 percent (the entire city
had only an 8.3 percent increase).
Certain crimes skyrocketed (malicious mischief up 700 percent; all
assaults up 387 percent; prostitution up 300 percent). All types of theft (petty, grand and auto)
increased more than 120 percent each. Ten
types of crime were reported for the first time ever in the 1974-77 period.
The Council's report recommended a dispersal-type ordinance
that prohibits adult businesses closer than 500 feet to residential areas,
churches and schools, and 1,000 feet from each other. In addition, the study proposed a 1,000 foot
separation from parks because of their use by citizens after normal working
hours. Adult businesses would be given
an 18-36 month amortization period (if the change involved only stock in trade,
a 90-day period was recommended).
This report, authored by
Sgt. J.J. Long of the Adams County Sheriffs Department, was designed to
accompany a new Nude Entertainment Ordinance. The report covers two parts:
first, an April 1988 study of six representative locations in
The report found that
The 1988 enactment of the
Nude Entertainment Ordinance, which was upheld by the Colorado Supreme Court,
reduced the number of adult businesses in
Starting in December, 1996, a working group, the Adult Use
Study Team (team), was established to (1) assess any adverse secondary impacts
caused by adult use businesses on nearby properties and neighborhoods and (2)
determine the availability of sites for adult businesses.
The team found that adult use businesses caused negative
secondary impacts to nearby properties and neighborhoods, including criminal
activity, litter, noise, traffic problems and depreciation in property
values. The study notes that the litter
generated by such businesses includes printed material containing pornography,
used condoms, sex paraphernalia, and used syringes. The crimes, which were significantly higher
around adult use businesses compared with the city as a whole, included
disturbing the peace, public indecency, prostitution, drug-related crimes, and
public indecency.
The study also noted that based on the city’s current
zoning ordinance a minimum of 89 sites in business districts were available for
adult uses.
In 1996, Environmental Research Group (ENG) performed a
study on the negative effects of sexually oriented businesses for the
The study involved examining several municipal land use studies and historical data from the late eighteenth century through 1996, compiling data and drawing conclusions based on statements and conclusions of previous land use studies.
This study concluded that sexually oriented businesses provide a focus for illicit activities pertaining to prostitution, pandering, and other illegal sex acts. Also noted was an increase in crime statistics, especially sexual crimes such as illegal exposure. The greatest clients of sex-businesses are (since the late 18th century) young, transient or mobile, single, males. Statistically, this social category has interests in conflict with social groups consisting of families and/or the elderly. Surveys of businesses in Bothell, WA and Austin, TX revealed that less than three percent of the vehicles parked in the lots were registered to an owner that resided a mile or less away.
ERG concluded that the impact of sex-businesses for small towns is more intense than that of big towns. The business district of a small town is not as large and not capable of "dividing up" sections of town. A national survey of real estate appraisers and lenders revealed that the placement of a sexually oriented business is generally an indicator of the decline of a community - in a small town, the business district is impacted as a whole. Also, the target audience of a small town will not suffice for a sex business and must draw business from a regional area. Sex businesses also set the tone of the pedestrian intent in the area. Interviews with non-sex business patrons and passersby indicated a likelihood that a person will be prospected for sex acts or be sexually harassed.
This report was conducted by the Manatee County Planning
and Development Department. The report
examines the ramifications of a proposed adult entertainment ordinance. It
relies upon the findings of other jurisdictions to forecast the effects of adult
businesses in
The report found that the Boston Model of concentrating
adult businesses into one "combat zone" has the following advantages:
1) like uses are treated alike; 2) lower administrative costs; 3) control over
growth of pornographic uses and the development of specific new uses; 4) no
definitional vagueness; 5) apparent constitutionality; and 6) easier evaluation
of total public services impact of pornographic uses (traffic, limited parking,
higher police costs and other effects). The disadvantages of this model center
on the blighting effect when a central zone is created. Such a zone may also
attract "undesirables" to one area. The Detroit Model, on the other
hand, has these advantages: 1) apparent constitutionality (withstood challenge
in Young v. American Mini Theatres); and 2) creates a separation zone
between other adult businesses and residential areas. However, the
There are five adult businesses currently in the County. All five are separated from one another by more than 1,000 feet. None meet the minimum residential buffer distance of 500 feet.
The report recommended that the dispersal model ordinance
should be considered. The present zoning ordinance should be amended to add
buffer requirements to provide distance from 1) residential districts, 2)
churches, schools, child care facilities, and public recreation areas, and 3)
other established adult businesses. In addition, the report recommended that
there should be at least 500 feet of separation between an adult business and
the nearest residential zone. A 2000 foot buffer should be established for
churches, schools, child care facilities, and recreation areas. Adult
businesses should be separated from one another by at least 1000’. A one year
amortization period for compliance should be considered (as provided in the
draft ordinance). "Sign controls should be considered which still protect
a business’s freedom to advertise, but also minimize public’s exposure to such
uses."
After a 10-year growth in the number of sexually oriented
businesses (to a total of 68 on 43 sites) and numerous citizen complaints of
decreasing property values and rising crime, the city compared six sexually
oriented business "study" areas and six "control" locations
with each other and with the city as a whole.
The study and control areas had high population, low income and older
residents. In order to develop a
"best professional opinion," the city collaborated with
From 1978-82, crime increases in the study areas were 23
percent higher than the control areas (46 percent higher than the city as a
whole). Sex-related crimes in the study
areas increased more than 20 percent over the control areas. Residential locations in the study areas had
a 56 percent greater crime increase than commercial study areas. Sex-related crimes were four times more
common in residential study areas than commercial study areas with sexually
oriented businesses.
Homes in the study areas appreciated at only half the rate
of homes in the control areas, and one-third the rate of the city. "Pressures within the study areas"
caused a slight increase in real estate listings, while the city as a whole had
a 50 percent decrease, denoting high occupancy turnover. Appraisers responding to the survey said one
sexually oriented business within one block of residences and businesses
decreased their value and half of the respondents said the immediate
depreciation exceeded 10 percent.
Appraisers also noted that value depreciation on residential areas near sexually oriented
businesses is greater than on commercial locations. The report concluded: "The best professional judgment
available indicates overwhelmingly that adult entertainment businesses -- even
a relatively passive use such as an adult bookstore -- have a serious negative
effect on their immediate environs."
The report recommended that sexually oriented businesses
locate at least 500 feet from residential areas, schools, churches or
established historic areas.
This study of adult businesses was prepared by independent
consultants, Eric Damian Kelly, AICP and Connie B. Cooper, AICP, for the city
of
·
Part 1 -
Analysis of Ordinances of Twenty Other Local Governments
·
Part 2 -
Field Survey and Analysis of Businesses in
·
Part 3 -
Survey of Residents and Business Manager
·
Part 4 – Summary of Recommendations and
Conclusions.
·
Ordinances and Related Statutes from Twenty
Other Local Governments
·
Adult Use Studies in Fort Worth, Texas (Oct. 8,
1986); Indianapolis Indiana (February 1984); Newport News, Virginia (March
1996); St. Paul, Minnesota (June 1978); Phoenix, Arizona (May 25, 1979);
Tucson, Arizona (May 14, 1990); Seattle, Washington (March 24, 1989); Whittier,
California (July 11, 1994); Austin, Texas (May 19, 1986); and Denver, Colorado
(Jan. 1998).
·
Adult Use Manual of
After examining the approaches of twenty other
jurisdictions, this study identifies three different approaches: 1)
jurisdictions that rely primarily on licensing to control adult uses; 2)
jurisdictions that rely equally on licensing and zoning; and 3) jurisdictions
that rely primarily on zoning criteria to regulate adult uses.
The study provides significant photographical and detailed
examination of the interior and exterior of the sexually oriented businesses
presently located in
The study includes a survey by Oedipus, Inc. Empirical Data
Services of residents and business owners/managers in sixteen different
neighborhood. Sexually oriented businesses with video booths are compared to
businesses with less than a significant or substantial portion of their stock
in trade in adult materials. Contact was made or attempted with 1,049 different
residences or businesses with 360 surveys being completed. Responses indicated
that sexually oriented businesses were significantly disfavored as compared to
other type of businesses including bars and liquor stores. Reasons given
include: detracts from neighborhood; neighborhood doesn’t seem nice; eye sore;
trashy; degrading to other businesses; trashy window front; love girls out
front; people/businesses have moved out because of; not good for area—keeps
good businesses out; bad for tourism; bad for business; doesn’t serve
neighborhood customers; keeps families from coming to area; contributes to
crime; lowers property value; not conducive to neighborhood --- should be
separate area zoned for it; open all the time; draws bad crowd, draws bad
people, bad influence on children etc. . .
The study recommends
that the city’s zoning ordinance be modified to treat sexually oriented
business differently depending on the secondary effects they create and it
provides suggested modifications to some definitional categories. It recommends
that the city adopt provisions to address businesses that carry large numbers
of sex toys and novelties. Separation between adult businesses and other land
uses is recommended.
Licensing of businesses that offer adult live entertainment
is recommended as a means of limiting adverse health effects, prostitution,
exploitation of minors and criminal activity. Regulation of public displays of
adult media is recommended to prevent harm to minors. Recommendations are made
for nonconforming uses and for licensing of employees in sexually oriented
businesses. In most instances, the report provides detailed information to
guide decision makers in implementation of recommendation.
This report is divided into two sections: the relationship of bars and crime, and the
impact of "adult businesses" on neighborhood deterioration. In the study, an "adult business"
is one where alcohol is served (including restaurants) or a sexually oriented
business (i.e. saunas, adult theaters and bookstores, rap parlors, arcades, and
bars with sexually oriented entertainment).
Census tracts were used as study areas and evaluated for housing values
and crime rates. Housing values were
determined by the 1970 census compared to 1979 assessments. Crime rates were compared for 1974-75 and
1979-80. The study is strictly empirical
and reported in a formal and statistical manner.
The report concluded that concentrations of sexually
oriented businesses have significant relationship to higher crime and lower
property values. Other than statistical
charts no statements of actual crime reports or housing values are included in
the report. Thus, the lay reader has
only the most generalized statements of how the committee interpreted the
empirical data.
The report recommended:
(1) that adult businesses be at least one-tenth of a mile (about 500
feet) from residential areas; (2) that adult businesses should not be adjacent
to each other or even a different type of late night business (i.e., 24-hour
laundromat, movie theaters); (3) that
adult businesses should be in large commercial zones in various parts of the
city (to aid police patrol and help separate adult businesses from residential
neighborhoods). The report said
"policies which foster or supplement attitudes and activities that
strengthen the qualities of the neighborhoods are more likely to have desired
impacts on crime and housing values than simple removal or restriction of adult
businesses."
Due to a growing concern among
1) "[A]dult uses are harmful to surrounding commercial establishments but such harms can be minimized with significant spacing requirements between adult uses in zones reserved for the most intensive commercial activity."
2) All nine adult uses are defined the same. Included are: "adult bookstores", "cabarets", "conversation/rap parlors", "health/sport clubs", "massage parlors", "mini-motion picture theaters", "motion picture theatres", "steamroom/bathhouse facilities", and "other adult uses." Each is defined as providing "matter", "entertainment", or "services" which is "distinguished or characterized by an emphasis on the "depiction", "description", "display" or "presentation" of "specified sexual activities" or "specified anatomical areas." "Most, if not all, existing statistical studies of the impact of adult uses do not differentiate between different types of adult uses and do not recognize that the land use impact of various types of adult uses is significantly different." "[E]qual treatment is consistent with the emphasis on deconcentration.”
3) The "Amendment" set spacing between adult uses
at 2,640 feet outside of the downtown area and 1,320 feet downtown. A six-block
goal could not be met because of the necessity to provide a "sufficient
land mass.” Such a goal was desired because the
4) Distances between adult uses and residential zones were increased from 200 feet to 800 feet "outside of downtown" and from 100 to 400 feet downtown in the substitute Amendment. The goal of 1,980 feet outside of "downtown" and 990 feet downtown could not be met because of the necessity to provide "enough land and sites for potential future adult uses."
5) Distances from "protected uses" outside of downtown were increased from zero to 400 feet and from 100 to 200 feet downtown. Protection for zones "other than residential or small neighborhood business zones" was "justified" because their populations are "particularly vulnerable to the negative impacts of adult uses." "Protected uses" are: day care centers; houses of worship; public libraries; schools; public parks/parkways/public recreation centers and facilities; fire stations (because of use for bicycle registration and school field trips); community residential facilities; missions; hotels/motels (which often have permanent residents).
6) Limiting one type of adult use per building was
justified by experience with two pre-existing "multi-functional"
adult businesses, numerous studies by other cities, and St. Paul's own study in
1978, which documented significantly higher crime rates associated with two
adult businesses in an area, and significantly lower property values associated
with three adult uses in an area. The 1987 study included statistics showing
that most "prostitution arrests in the city occur within four blocks on
either side of the concentration of four adult businesses." Other problems
included "the propositioning" and "sexual harassment of neighborhood
women mistaken for prostitutes", "discarding of hard-core
pornographic literature" ("which is "most strongly associated
with adult bookstores") "on residential property where it becomes
available to minors", a "generally high crime rate," and "a
general perception" that such an area "is an unsafe place due to the
concentration of adult entertainment that exists there.” Redevelopment
experience in
7) Amount of land available for 24 existing adult uses (which includes split-off of two multi-functional businesses with three-four types per business) was 6.5% of the City's total land mass, for a maximum of 44 sites based on "absolute site capacity", calculated without regard for existing infrastructure, or 28 sites based on "relative site capacity" on existing street frontage calculated without regard for existing development or suitability of land for development.
8) Annual review of the "Special Condition Use Permit" was included in the "Amendment" "to ensure that no additional uses are added to the type of adult use that is permitted."
9) Prohibition of obscene works and illegal activities was included in the "Amendment" to "guard against the conclusion that the Zoning Code permits activities which the City can and should prohibit as illegal."
Prior to adopting a zoning ordinance for adult businesses,
the City of
Among brokers and realtors, overwhelming majorities said that adult entertainment establishments had negative effects on the market value (82%), saleability/rentability (78%), and rental value (76%) of properties located near these establishments. According to 81%, there is a decrease in the annual income of businesses in the vicinity of adult establishments. Strong majorities reported that a concentration of adult businesses near other businesses (from under 500 feet to more than 1000 feet) has negative effects on market values, rental values, and rentability/saleability of residential property. Among surveyed homeowners and residents living near adult businesses, the consensus was similar: adult establishments have a negative effect on the neighborhood, the business conditions (sales and profits) in the area (2-square block radius), and the value and appearance of homes in the vicinity (within 500 feet).
Reportedly, 85% said that their normal living habits had been limited or hindered in some way due to the presence of adult businesses in the area. Among surveyed business owners and proprietors, the results were mixed. The majority of respondents did report that adult businesses had a negative effect on homes immediately adjacent to and in the area (500 feet or more) of adult businesses. A majority believed adult businesses had the following secondary effects: complaints from customers (66%), additional crime (58%), and deteriorated neighborhood appearance (58%). Finally, among residents living in areas not located near adult businesses, the consensus was clear: adult establishments have negative effects on neighborhoods, business conditions in the City, the value and appearance of homes, property values, the amount of crime, and resident transience. These residents were nearly unanimous (96%) in the belief that their living habits had been limited or hindered by the operation of adult businesses in their neighborhood.
The report concludes that adult businesses should be prohibited from locating in residential areas. They should also be restricted to designated areas and dispersed throughout those designated areas. Adult businesses should be located at least 1000 feet from playgrounds, churches, schools, and parks.
On
Ellicottville is a community that relies upon attracting tourists. As such, "the atmosphere and aesthetic features of the community take on an economic value." Though active land use controls have been practiced to maintain the look and vitality of the community, currently there are no differentiations made between the regulation of an adult business and, say, a juice bar.
The study determined that allowing adult businesses to locate within the historic business district would negatively impact Ellicottville’s efforts to provide a family-friendly community. Similarly, permitting adult businesses to locate near residences would have an eroding effect on "aesthetic qualities" and property values. The type of signage typically used by adult businesses would run counter to the business district. The following uses seemed most prone to negative secondary effects: the Ellicottville historic district, places of worship (6 churches in Ellicottville), the school, the child care facility, recreation parks/areas/playgrounds and public/civic facilities, and residential neighborhoods.
It was recommended that the Town and Village adopt zoning regulations that create a land use category, and regulate adult establishment uses, allowing them to locate in industrial zones and the industrial-service commercial district. The establishment of adult businesses should be considered Conditional Uses (requiring approval of a special use permit). Exterior advertising, signs, and loudspeakers and sound equipment should be regulated. The following distance buffers should be set for: 500 feet (town) or 300 feet (Village) from residential areas; 1000 feet (town) or 500 feet (Village) from other adult businesses; and 500 feet (town and Village) from a church, school, day care center, park, playground, civic facility or historic resource. Definitions for adult uses should be added to existing zoning regulations.
This report, compiled by Daniel Dollmann of the Islip
Department of Planning, features an analysis of studies and ordinances from
other jurisdictions, a case study of an adult business in
The study looks at the
One of the goals of the Town is to protect its historic downtown district and keep it from further deterioration (which occurred in the past due to an increase in multi-family dwellings, transients and bars). The Study noted that limiting SOBs to the Town’s light industrial zone would be in keeping with this goal. Currently, there is a "dead zone" in one of the healthier parts of the downtown area due to two adult businesses located there.
The Study includes a case study of the Bohemia Book Store which was located extremely close to a residential area. In 1980 the store was temporarily closed down by court order, as a result of citizen picketing and subsequent violence against the picketers. The operators of this particular SOB were reported to have associations with organized crime (i.e., mob-operated national porno ring, multiple obscenity charges and convictions).
The proposed zoning ordinance requires 500 feet between an adult business and residential areas or other sensitive uses, like churches and schools, and a ˝ mile distance between SOBs. The ordinance includes a waiver clause for certain conditions, and an amortization clause.
This study was prepared by the Department of City Planning (DCP). It includes: a survey of studies in other jurisdictions, a description of the adult entertainment business in NYC, a review of studies previously done in NYC, a DCP survey of the impacts on NYC communities, and maps showing SOB locations.
Recent trends in sexually oriented businesses (SOBs) in NYC
show a 35% increase over the last decade (75% of which were located in zoning
districts that permit residences). However, since the survey for this
information focused only on XXX video and bookstores, adult live or movie
theaters, and topless or nude bars, this may be an underestimate of total SOB
uses. Also in the past decade the availability of pornographic material has
increased, the price has decreased greatly, and the image of nude bars has
become more sophisticated or "upscale," contributing to the
wide-spread availability of SOBs in NYC. SOBs have continued to concentrate in
specific areas, specifically in three communities within
After examining studies from other jurisdictions, this
study concludes that the negative secondary impacts are similar in every
jurisdiction, despite size of city, variations in land use patterns, and other
local conditions. The study specifically examines the negative secondary
impacts documented in Islip, NY, Indianapolis, IN, Whittier, CA, Austin, TX,
Phoenix, AZ, Los Angeles, CA, New Hanover Co., NC, Manatee Co., FL, and MN,
which evidenced problems with "dead zones," declining property
values, high turnover rates in adjacent businesses, and higher sex crime rates.
Various studies done on the City of
The DCP concluded that it would be appropriate to regulate SOBs differently from other commercial businesses, based on the significant negative impact caused by SOBs.
This study, prepared by the Office of Zoning Administration
for the City of
It identifies and groups secondary effects from sexually
oriented businesses as follows: 1) Criminal Activity; 2) Liquor Violations; 3)
Decreased Property Values and Rental Viability; 4) Generation of Traffic and
Parking Problems; 5) Effect on Passerby; 6) Incompatibility of Uses
(activities, noise, hours of operation); and 7) Effect on Minors.
The Times Square Business Improvement District (BID)
conducted a study of the secondary effects of adult businesses on the
The study made the following four findings:
1) Surveys - All survey respondents voiced optimism
about the future of
2) Crime - Although the study was unable to obtain
data from before the recent increase in adult establishments and, thus, unable
to show if there’s been an increase in actual complaints, there were 118
complaints made to the police on Eighth Avenue between 45th and 48th compared
to 50 on the control blocks on Ninth Avenue between 45th and 48th Streets. In
addition, the study reveals a reduction in criminal complaints the further one
goes north on
3) Property Values - The rate of increase of total
assessed values of the
4) Anecdotal evidence - Many property owners, businesses, experts, and officials provided anecdotal evidence that proximity to adult establishments hurts businesses and property values.
BID’s findings support the results from other national
studies and surveys. Adult use businesses in
This Planning Department report cites several studies and reports
outlining adverse economic, physical, and social effects of adult businesses
generally and specifically in jurisdictions across the country. While noting
that
Municipalities across the country have documented, both empirically and anecdotally, the adverse effects of adult businesses on property values, rental values, neighborhood conditions, and other commercial businesses in the immediate area. Cities have documented a link between adult businesses and urban blight, increased traffic, and light and noise pollution. Studies have linked concentrations of adult businesses to an increase in crime, specifically prostitution, drugs, assault, and other sex crimes. Community reputations and general quality of life are also negatively impacted by the presence of adult businesses. An adult bookstore has been closed and re-opened several times after raids by law enforcement authorities. It is also reported that a topless dancing establishment may be opened in the County. New zoning regulations would control the establishment of adult businesses near churches, schools, and residential areas.
The study recommends: 1) New Hanover should adopt the
dispersal (
This police department report is taken from information
given by Captain Delau participating in a panel discussion at the National
Conference on the Blight of Obscenity held in
For 1976, study tracts had nearly double the number of
robberies as the city as a whole (40.5 per study tract compared to 20.5 for
other city tracts). In one study tract
with five sexually oriented businesses and 730 people, there were 136
robberies. In the city's largest tract
(13,587 people, zero pornography outlets) there were only 14 robberies. Of the three tracts with the highest
incidence of rape, two had sexually oriented businesses and the third bordered
a tract with two such businesses. In
these three, there were 41 rapes in 1976 (14 per tract), nearly seven times the
city average of 2.4 rapes per census tract.
The report concluded that "close scrutiny of the
figures from the Data Processing Unit on any and every phase of the degree of
crime as recorded by census tracts indicates a much higher crime rate where the
pornography outlets are located."
This study contained the results of a survey of 100 Oklahoma
City Real Estate Appraisers. Appraisers
were given a hypothetical situation and a section to comment on the effects of
sexually oriented businesses in
Thirty-two percent of the respondents said that such a
bookstore within one block of the residential area would decrease home values
by at least 20 percent. Overwhelmingly,
respondents said an "adult" bookstore would negatively affect other
businesses within one block (76 percent).
The level of depreciation is greater for residents than businesses. The negative effects on property values drop
sharply when the sexually oriented business is at least three blocks away. In the subjective portion, 86 percent of the
respondents noted a negative impact of sexually oriented businesses on
This Planning Department report cited several sources
including national news magazines, "adult business" ordinances from
other cities, an American Society of Planning Officials report and pertinent
Supreme Court decisions. Lengthy explanation
of the Miller test with legal definitions, discussion of Young v. American Mini
Theatres, and a comparison of the
The police department provided an analysis showing that
areas of concentrated "adult only" businesses had two and one-half
times the street crime as the city average.
The Planning Department concluded that concentrations of these
businesses have detrimental effects on residential and commercial activities
caused by: (1) noise, lighting and
traffic during late night hours; (2) increased opportunity for street crimes;
and (3) the tendency of citizens to avoid such business areas. The study noted that lack of zoning
regulations would lead to concentrations of sexually oriented businesses
(causing increased crime) or more such establishments locating near residential
areas or family and juvenile oriented activity sites (churches, parks, etc.).
The report recommended:
(1) adult businesses locate 1,000 feet from each other, (no distance was
specified from residential zones or family/juvenile activities); (2) city
development of an amortization schedule and permit/licensing mechanism; (3)
city regulation of signs and similar forms of advertising; (4) vigorous enforcement
of State Penal Code, especially relating to "Harmful to Minors"; (5)
city amendments prohibiting minors from viewing or purchasing sexually oriented
materials (enforced physical barriers).
The report was the basis for developing an amendment to
existing sexually oriented business ordinances.
At the time, 49 such businesses operated in
The report focused on sexually related crimes in four study
areas (with sexually oriented businesses) and four control areas (close to
study areas and similar). Two study
areas had one sexually oriented business and the others had two such
businesses. To determine the effects of
these businesses on property values, the city sent surveys to 120 real estate
appraising or landing firms (nearly half responded). For trade area characteristics, three
businesses (a bookstore, theater and topless bar) were observed on a weekend
night to determine customer addresses.
Sexually related crime ranged from 177 to 482 percent
higher in the four study areas than the city average. In the two study areas containing two
sexually oriented businesses, the rate was 66 percent higher than in the study
areas with one such business. All
control areas had crime rates near the city average.
Eighty-eight percent said that a sexually oriented business
within one block of a residential area decreases the value of the homes (33
percent said depreciation would be at least 20 percent). Respondents also said such a business is a
sign of neighborhood decline, making underwriters hesitant to approve the 90 to
95 percent financing most home buyers require.
They said commercial property is also negatively affected by such
businesses.
Of 81 license plates traced for owner addresses, only three
lived within one mile of the sexually oriented business; 44 percent were from
outside
The report recommended:
(1) sexually oriented businesses should be limited to highway or
regionally-oriented zone districts; (2)
businesses should be dispersed to avoid concentration; and (3) conditional use
permits should be required for these businesses.
This report by the city Planning Department encouraged
amendments to existing "adult business" ordinances to include eating
or drinking places featuring sexually oriented entertainment (strippers,
etc.). Zoning laws required "adult
uses" to locate 500 feet from residential areas; 300 feet from any other
adult bookstore, adult theater, bar, pool hall or liquor store; and 1,000 feet
from a church, school, park or recreational facility where minors congregate.
Police verified that bars, taverns and lounges (especially
those with sexually oriented entertainment) are frequent scenes of prostitution
and the sale/use of narcotics. On the
whole, all criminal activity was higher at sexually oriented businesses.
The report recommended:
(1) adding eating/drinking places that exclude minors (under Texas law),
unless accompanied by a consenting parent, guardian or spouse, to list of
protected uses; (2) require specific permits for areas zoned as General
Commercial - Multiple Family Dwelling Districts; and (3) reduce the required
distance of sexually oriented businesses from residential areas, schools, parks
and recreational facilities from 1,000 to 750 feet.
This is a report by Regina Atwell, City Attorney for the City of Cleburne, Texas, on how and why the city organized a joint, county-wide sexually oriented business (SOB) task force. The purpose of this report is to educate and provide assistance to other jurisdictions on what the author considers important aspects of organizing, drafting and adopting an SOB ordinance or amendment to an SOB ordinance. In the introduction, Ms. Atwell cautions that although SOBs now appear more sophisticated and have begun to integrate into the mainstream, the secondary effects of these businesses are still harmful to the community. She offers a set of questions to help assess a local government’s needs to enact or update its SOB ordinance. Also, she gives a brief legal history of zoning regulations for SOBs.
The City of
After researching the law, consulting experts, examining sample ordinances from other jurisdictions, thoroughly investigating SOBs and their negative secondary effects on the community, and deciding which time/place/manner regulations were most appropriate to protect the governmental interests of their area, the Joint Task Force presented a draft of an SOB Ordinance to their city and county officials. For all its functions, the Task Force relied on the following guidelines: (1) Drafting an ordinance is done by the city planning office, the city attorney and the ordinance review committee, in reliance on case studies discussing secondary effects of SOBs. It is important that the actual studies be presented to legislators; (2) Public hearings should be held to discuss the ordinance and a legislative record created to preserve testimony, studies, maps, and other evidence; (3) Draft a good "Preamble" indicating the council’s concern with secondary effects of SOBs; (4) Keep legislative record clean from any suggestions that impermissible motives have influenced the legislative process; (5) Be sure the ordinance allows reasonable "alternative avenues of communication" for SOBs to locate, and include zoning maps with measurements and available sites for the record; and (6) If interested in enacting a licensing ordinance, be sure that it is narrowly drawn to serve legitimate state interests without restricting 1A speech of SOBs. The report also gives extensive tips for how to hold public hearings.
Regulation of SOBs, including licensing, was necessary to combat the detrimental effects of SOBs, including high crime rate, depreciated property values, and spread of communicable diseases. In addition, the Task Force recommended enforcement of public nuisance laws, diligent prosecution of obscenity and sexual offense cases, and specialized training for local police and sheriffs.
This study, which is an update of a
The study found that the presence of an SOB in an area can create a "dead zone" which is avoided by shoppers and families with children that do not want to be in areas that also have adult uses. Also, the late hours of operation combined with loitering by unsavory people in the area where SOBs are located, appear to lead to higher crime in the area. In fact, a look at police calls for service over a four year period (1993-1996) shows that SOBs were a major source of the calls. One area averaged more than one call to police per day, where there was a concentration of seven SOBs. In that same area there was a much higher incidence of sex crime arrests than in similar areas with none or fewer SOBs.
This study applied the conclusions of several other studies
completed by
The study shows that a concentration of SOBs has a higher negative impact on the surrounding communities than an area with one isolated SOB. When concentrated, SOBs tend to be a magnet for certain businesses such a pawn shops, gun stores, liquor stores, etc., while driving away more family-oriented businesses. It can be harder to rent or sell vacant land in areas where SOBs are located. In fact, the negative perceptions associated with these areas have a significant impact on declining property values, even where other negative effects of SOBs are difficult to measure. Interviews with owners of commercial property near SOBs confirmed that the loss of property value manifested in a variety of ways, including: increased operating costs, like additional security patrols, burglar alarms, and trash cleanup; properties selling at much lower sales prices; and extreme difficulty in leasing properties. Owners thought that if the SOBs were gone, their property values would increase.
This study done by the Department of Planning, Research and
Development, the City Attorney’s Office, the Police Department Data Processing
Division, and
In studying the impacts caused by SOBs, three study areas
(with SOBs located in the area) and three control areas (similar areas in size
and population, but without SOBs) within
The study of perceived neighborhood problems done by the
The main recommendations included that a zoning ordinance be adopted with distance requirements between SOBs and sensitive uses, that a licensing system be established, that annual inspections be required, that signage regulations be established, and that a penalty/fine section be included for violations.
This report, prepared by the Forth Worth Planning
Department, proposes adoption of an ordinance regulating sexually oriented
businesses and it examines and reproduces the evidence presented in numerous
other cities regarding adverse secondary effects from such businesses. Adverse impact from crime and falling
property values are recurring themes in these reports. Evidence of increased
crime is also reported by the
In recommending adoption of a sexually oriented business ordinance, the staff concludes: “[t]he evidence is factual, clear, and convincing that the presence and concentration of adult entertainment uses have a serious blighting and degrading physical social, and economic effect on surrounding commercial, residential, and public assembly areas.
Report by the Committee on the Proposed Regulation of
Sexually Oriented Businesses determined the need and appropriate means of
regulating such businesses. Four public
hearings provided testimony from residents, business owners, realtors,
appraisers, police and psychologists.
The committee and legal department then reviewed the transcripts and
drafted a proposed ordinance. More
hearings obtained public opinion on the proposal and the ordinance was refined
for vote by the City Council.
The testimony was summarized into six broad premises:
1. The rights of individuals were
affirmed. Sexually oriented businesses
can exist with regulations that minimize their adverse effects. The most important negative effects were on
neighborhood protection, community enhancement and property values.
2. Problems
increased when these businesses were concentrated.
3. Such
businesses contributed to criminal activities.
4. Enforcement
of existing statutes was difficult.
The proposed ordinance:
(1) required permits for sexually oriented businesses (non-refundable
$350 application fee); (2) imposed distance requirements of 750 feet from a
church or school, 1,000 feet from other such businesses, and 1,000 feet radius
from an area of 75 percent residential concentration; (3) imposed an
amortization period of six months that could be extended by the city
indefinitely on the basis of evidence; (4) required revocation of permit for
employing minors (under 17), blighting exterior appearance or signage, chronic
criminal activity (three convictions), and false permit information; and (5)
required age restrictions for entry.
This is a summary of a legislative report prepared by the Sexually Oriented Business Revision Committee for the Houston City Council, analyzing the strengths and weaknesses of the City’s current SOB ordinance, and making recommendations for amendments and additions principally pertaining to employee licensing, lighting configurations, location requirements, prohibition of "glory holes," elimination of closed-off areas, public notification of SOB applications, clear lines of vision inside SOBs, and dancer "no-touch" policies. This report summary includes discussion of prior regulation efforts, testimony by HPD Vice Department, citizen correspondence, industry memos, legal research, and summaries of public testimony.
This study was a result of increasing community concern over increasing proliferation of SOBs under the existing SOB ordinance and the HPD’s need for better control over increasingly repetitive serious violations at numerous SOBs. The Committee made the following findings: (1) Due to criminal activity associated with SOBs, licenses should be required for all SOB employees (requiring criminal background investigations); (2) There are obstacles to successful enforcement of public lewdness, prostitution, indecent exposure, and other criminal activities (i.e. entertainers can detect when a patron is an undercover cop); (3) "Glory holes" between enclosed booths promote anonymous sex and facilitate the spread of disease, so prohibition of these openings was recommended; (4) The lack of a clear line of vision between manager’s stations and booths or secluded areas (V IP rooms) encourages lewd behavior and sexual contact (also difficult to observe during inspections); (5) Multi-family tracts were being counted as one tract, so new formula devised based on homeowners’ property size; (6) Inadequate lighting in SOBs makes it difficult for SOB managers and police to monitor illegal activities, so minimum requirements for "exit" signs in Uniform Building Code was suggested; (7) Locked rooms within SOBs are usually fronts for prostitution, so prohibition of enclosed rooms recommended; (8) Public and expert testimony requested the inclusion of "public parks" as a sensitive use in the zoning location ordinance; (9) Repeated testimony requested notification to public regarding pending SOB permits, so posting of a sign notifying of pending permit was required; and (10) Continuing amortization provisions was preferable to grandfathering in those SOBs not in compliance with the amended ordinance (i.e. 6 months plus extensions for recouping investment).
The Committee concluded that strengthening the ordinance would achieve expedited revocation process, accountability to SOB employees through licensing, aid to police investigations by improved lighting and configurations, protections to the community by increasing distance requirements, and reduction of disease from anonymous spread by eliminating "glory holes."
As of November, 1995, there were 31 "adult use" establishments: 14 "adult entertainment" establishments ("exotic dancing girls", "go-go" bars, "gentlemen’s clubs", etc.); 8 "adult book/video stores" (outlets selling and renting pornographic magazines, videos, and sex devices); and 9 night clubs (music, dancing, or other live entertainment). Of the 31 uses, 17 are in the General Commercial zone, 5 in the Regional Business District zone, 7 in the Retail Commercial zone, and 2 are in the Light Industrial zone. They are dispersed along two streets with a few clusters. A proposed ordinance would require "adult uses" to be 500 feet from other "adult" uses and to locate at least 500 feet away from sensitive uses (churches, schools, homes, etc.), with no distance limits in the downtown zone.
The Police Department researched calls for police responses
to the 31 businesses, by address, for the period of
A very high percentage of realtors indicated that having "adult uses" nearby can reduce the number of people interested in occupying a property by 20 to 30%; would hurt property values and resale of adjacent residential property. Realtors expressed concern for personal safety, increased crime, noise, strangers in the neighborhood, and parking problems. Merchants associations surveyed supported strengthening the city’s regulations of "adult uses" and expressed a common concern that additional "adult uses" would contribute to deterioration of their areas.
This is a compilation of materials prepared for the City
Council Members of Bellevue, Washington for use in enacting an SOB zoning
ordinance. The study includes general information about regulation of SOBs,
secondary impacts from SOBs, experiences from nearby communities, description
of
The study begins by explaining the legal basis history
behind regulating SOBs. Existing provisions in the State and local codes
relating to obscenity or licensing are mentioned. The study notes that the goal
of regulating SOBs is to mitigate the secondary impacts of these uses in the
communities. It concludes that the implications of the data and experience
studied in other jurisdictions are significant to
The study recommended the adoption of a modified dispersal/concentration approach (i.e. dispersal within CB, OLB and CBD zones), with a 600-foot distance limitation between SOBs and other sensitive uses.
This land use study includes an independent report prepared by R. W. Thorpe & Associates, Inc for the Des Moines City Council, and a report from the City Administration on the impacts of Sexually Oriented Businesses (SOBs) on the area. Appendices include: a theater admission report, a 1978 Des Moines Community opinion survey, a copy of a Des Moines ordinance requiring an impact study of SOBs on the city, a list of criminal incidents related to the adult theater, a business activity chart of businesses adjacent to the adult theater, a copy of Northend Cinema, Inc. v. City of Seattle, 585 P.2d 1153 (1978), and transcripts of the hearing and testimonies.
When the study was made,
The independent study submitted by R. W. Thorpe &
Associates, Inc for the Des Moines City Council mostly focused on and made
comparisons to studies done in cities in the western part of
The Administration’s report, based partly on the independent study, concluded that a zoning ordinance should be enacted, locating adult businesses in the CG zone along Highway 99. This would keep SOBs away from the central business district that the city was trying to revitalize and maintain a family friendly atmosphere there. Dispersal of SOBs was also recommended to minimize impact of crime potential volatile situations associated with close proximity of SOBs.
The report concerned a proposed amendment to add topless
dance halls to existing land use regulations for "adult entertainment
establishments."
The increased number of cabarets resulted in citizen
complaints, including phone calls, letters (from individuals and merchant
associations) and several petitions with hundreds of signatures. Protests cited decreased property values; increased
insurance rates; fears of burglary, vandalism, rape, assaults, drugs and
prostitution; and overall neighborhood deterioration. The report noted that patrons of these
cabarets most often are not residents of nearby neighborhoods. Without community identity, behavior is less
inhibited. Increased police calls to a
business, sirens and traffic hazards from police and emergency vehicles are not
conducive to healthy business and residential environments.
Since city zoning policy is based on the compatibility of
businesses, the report recommended the cabarets locate in the same zones as
"adult motion picture theaters."
This plan allows about 130 acres for such businesses to locate
throughout the city.
At the time the St. Croix County Planning Department did
this study, the County had two adult cabarets, but did not have a problem with
concentration of sexually oriented businesses (SOBs). The study acknowledges
that SOB zoning ordinances have generally been upheld by the courts as
constitutional and suggests the County consider following the lead of other
communities who have enacted similar ordinances. The main concern surrounded
possible growth of SOBs resulting from future plans for an interstate highway
system linking
The study notes the continued growth of the SOB industry
and analyzes the economic, physical, and social impact it has on the community.
It examines documented economic impact of SOBs in
The study analyzes different zoning techniques, including dispersal and concentration of SOBs, and their constitutionality. It also discusses the use of "special use" and "special exception" permits. Other regulatory techniques discussed include licensing ordinances, active law enforcement, sign regulations, and nuisance provisions. The study includes detailed examples of SOB definitions, a proposed zoning ordinance, and a bibliography of the sources used for this study.
The study recommended that the county adopt a zoning
ordinance using the dispersal technique. It also suggested the county explore
the possibility of licensing SOBs.