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HomeMy WebLinkAbout2001 09 24 Informational E Adult Entertainment Establishment COMMISSION AGENDA ITEM E Consent Informational X Public Hearing Regular September 24.2001 Meeting ;J- fJ$q 'f/tJ/oI Mgr. 1 Att. 1 Dept. REQUEST: The City Attorney and City Manager present to the City Commission various studies, case law, and other information regarding Adult Entertainment establishments, sexually oriented businesses, and the effects of alcohol and erotica and deviant sexual behavior. PURPOSE: The studies, case law, and other information shall constitute the initial legislative record of the City Commission for purposes of considering the adoption of new regulations pertaining to adult entertainment establishments, public nudity, including nudity occurring at licensed alcohol establishments (hereinafter referred to as "Regulations"). Because the United Supreme Court has held that nude dancing is marginally protected by the First Amendment, the City Commission must have a reasonable belief that the evidence it relies upon to adopt the Regulations is relevant to addressing the adverse secondary effects which may be caused by adult entertainment establishments and public nudity. City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986). The United States Supreme Court has also held that the government "should have a sufficient leeway tojustuy such a law based on secondary effects." City of Erie v.. PAP's A.M, 529 U.S. 277 (2000). The City Commission is permitted to rely on case law, the experiences of other local governments, Page 1 of 3 its own wisdom, and common sense to justify adopting the Regulations. See City of Erie, Supra; City of Renton, Supra; City of Daytona Beach v. Del Percio, 476 So. 2d 1997 (Fla 1985) (Florida Supreme Court upheld a Daytona Beach's determinations that "nude dancing in Daytona Beach contributed to criminal activities."); Sammy'8 of Mobile v. City of Mobile, 140 F. 3d 993 (11 th Cir. 1998) (The court held that the combination of alcohol and nudity at licensed beverage establishment is a "combustible mixture."). Thus, w:jQr to adopting any Regulations the City Commission should take the next few weeks to be fully apprized of relevant studies, case Jaw, and other infonnation. Such information is being provided under this Agenda Item. APPLICABLE LAW AND PUBLIC POLICY: The regulation of adult entertainment and public nudity is a complex subject matter with constitutional implications. It is permissible for the City to regulate the adverse secondary effects caused by adult entertainment establishments and sexually oriented businesses. It is impossible to briefly summarize the applicable law and public policy under this agenda section. The adoption of such regulations have resulted in nwnerous legal challenges against state and local governments around the country. Locally, the City of Casselberry and Seminole County have continuously been involved in litigation with various adult clubs and book stores for approximately the past five years. Case law on the subject is vast and constantly evolving. Applicable law and public policy can best be summarized by reviewing the information provided under this Agenda. CONSIDERATIONS: 1. The City Commission previously directed that the City update its adult entertainment regulations and alcohol beverage regulations. 2. A majority of Winter Springs voters previously approved a non-binding referendum for the City Commission to adopt regulations prohibiting the combination of nudity and alcohol in licensed beverage est.ablislnnents. However, since that referendum, the City has been closely monitoring litigation in the City of Casselberry which could impact the City's ability to adopt such regulations. 3. The City ofCasseIberry and Seminole County have recently updated their adult entertainment ordinances, adopted public nudity regulations, and adopted regulations prohibiting nudity in licensed beverage establishments. 4. The City of Casselberry's alcohoVnudity regulations are currently being challenged by Club Juana, which is located on SR 1792. This case could have a significant impact on the City's ability to regulate alcohoVnudity. Page 2 of 3 5. Seminole County's public nudity ordinance is being challenged by Club Juana. This case could have a significant impact on the City's ability to regulate public nudity. 6. Portions of the City of Casselberry's adult entertainment regulations are currently being challenged by Rachel's, which is located on SR 436. 7. The information being provided under this Agenda Item will be, in part, the evidentiary foundation by which the City Commission will consider adopting new Regulations. 8. Proposed Regulations will be submitted to the City Commission for consideration after the Commission has an aopportunity to review the studies, case law, and other information provided. STAFF RECOMMENDATION: The City Attorney and City Manager recommend that the City Commission accept the information provided under this Agenda Item as part of the legislative record to support the adoption of future Regulations. Further, the City Commission should take time to review the relevant studies, case law, and other information before the Regulations are presented for consideration and adoption. ATTACHMENT: The information (Volumes 1 - 8 and miscellaneous materials) will be located in the City Clerk's office. COMMISSION ACTION: A:\Adult Entertainment Studies 9-24-0I.jd Page 3 of 3 September 24,2001 City of Winter Springs City Commission Legislative Record Adult Entertainment, Sexually Oriented Businesses, and The Effects of Alcohol Description Index Number Case Law Barnes v. Glen Theatre, Inc., 501 US. 560, 111 S.Ct. 2456 1. Section 162.22, Florida Statutes Case Law Cafe 207, Inc. v. St.Johns County, 856 F. Supp 641 2. (M.D. Fla. 1994) Case Law City of Renton v. Playtime Theatres, Inc., 475 US. 41, 3. 106 S.Ct. 925Chapter 796, Florida Statutes Case Law N. W Enterprises, Inc. v. City of Houston, 27 F.Supp. 2d 754 4. Case Law Ward v. County of Orange, 217 F.3d 1350 5. Case Law Young v. American Mini Theatres, Inc., 427 US.50, 6. 96 S.Ct. 2440 Case Law City of Erie, et ai, v. PAP'S A.M tdba "Kandyland", 7. 529 U.S. 277, 120 S.Ct. 1382) Chelsea, NY Chelsea, New York - An Assessment of the Economic Impact 8. of XXX-Rated Video Stores in Chelsea Findings of Fact Daytona Beach, Florida - Findings of Fact 9. Findings of Fact Findings of Fact: Other Cities 10. Findings of Fact Findings of Fact: Palm Beach County, Florida 11. Findings of Fact Findings of Fact: Minnesota Attorney General 12. Description Index Number Findings of Fact Findings of Fact: Austin, Texas 13. Findings of Fact Findings of Fact: Los Angeles, California 14. Findings of Fact Findings of Fact: St. Paul, Minnesota 15. Case Law Sammy's of Mobile v. City of Mobile, 140 F. 3d 993 16. (l1th Cir. 1998) - Case Law City of Daytona Beach v. Del Percio 476 So. 2d 197 17. (Fla. 1985) Garden Grove, CA Garden Grove, California - The Relationship Between Crime 18. and Adult Business Operations on Garden Grove Blvd. Houston, TX Sexually Oriented Business Ordinance Revision Committee 19. Legislative Report Houston, Texas City Council Indianapolis, IN Adult Entertainment Business in Indianapolis 20. Indianapolis, IN Findings of Fact: Indianapolis, Indiana 21. Islip, NY Town ofIslip - Study and Recommendations for Adult 22. Entertainment Businesses Los Angeles, CA Study of the Effects of the Concentration of Adult 23. Entertainment Establishments in the City of Los Angeles Macon, GA Findings of Fact: Macon, Georgia 24, Minnesota An Analysis of the Relationship Between Adult Entertainment 25. Establishments, Crime, and Housing Values - Summary Report Minnesota An Analysis of the Relationship Between Adult Entertainment 26. Establishments, Crime, and Housing Values - Complete Report Miscellaneous Escort Service - Orange County Sheriff 27. Description Index Number Miscellaneous Body Scrub Affidavit -- Metropolitan Bureau ofInvestigation, 28. Affidavit Prosecutive Summary Miscellaneous City of Casselberry - CCIB investigation of organized and 29. ongoing vice and illegal drug activities at Rachel's Men's Club -- Composite Affidavit of Arrest Records and Search Warrants from Witnesses Miscellaneous City of Casselberry - Findings of Fact and Conclusions oflaw 30. re: Revocation of Rachel's Adult Entertainment License Miscellaneous Escort Advertising 31. Miscellaneous, Escort Affidavit - Metropolitan Bureau of Investigation, 32. Affidavit Prosecutive Summary Miscellaneous Lewdness and Assignation, Nero's Cabaret, Special 33. Investigations Bureau Miscellaneous New York Magazine Article regarding Escort Business 34. Miscellaneous Newsweek Magazine Article and Various Articles 35. Miscellaneous Sexual Performance Affidavit - NfBI 36. Miscellaneous The Criminal Behavior of Nude Businesses 37. New York, NY City of New York - Adult Entertainment Study 38. New York, NY , Report on the Secondary Effects of the Concentration of Adult 39. Use Establishments in the Times Square Area Times Square Business Improvement District - 1994 Ordinance City of Casselberry Adult Entertainment Ordinance 40. Ordinance Houston, Texas - Adult Entertainment Ordinance 41. Ordinance Seminole County, FL Adult Entertainment Ordinance 42. Description Index Number Seminole County, FL Adult Entertainment Centers - State Road 17-92 Southern Gateway, Seminole County, FL 43. Seminole County, FL Casselberry - Order Denying Rachel's Motion for Temporary Injunction; Order Denying Rachel's Petition for Writ of Certiorari 44. Statutes Chapter 800, Florida Statutes (Lewdness; Indecent Exposure) 45. Statutes Chapter 480, Florida Statutes (Massage Practice) 46. Statutes Chapter 847, Florida Statutes (Obscene Literature; Profanity) 47. Statutes Chapter 794, Florida Statutes (Sexual Battery) 48. Statutes Chapter 826, Florida Statutes (Bigamy; Incest) 49. Statutes Chapter 796, Florida Statutes (prostitution) 50. Statutes Section 847.0133, Florida Statutes (Protection of Minors) 51. Statutes Section 847.013, Florida Statutes (Exposing Minors) 52. Study Alcohol Expectancy Set and Dyadic Interest in Erotica: A Test of Deviance Disavowal 53, Study Alcohol Expectancies and Sexuality: A Self-Fulfilling Prophecy 54. Study Alcohol and Hypermasculinity as Determinants of Men's Empathic Responses to Violent Pornography Alcohol and Human Sexuality: Review and Integration . State University of New York at Buffalo Perceptions of Post drinking Female Sexuality: Effects of Gender, Beverage Choice, and Drink Payment Journal of Applied Social Psychology 55. Study 56. Study 57. Description Index Number Study Postdrinking Sexual Inferences:, Evidence for Linear Rather Than Curvilinear Dosage Effects Journal of Applied Social Psychology Self-Reported Alcohol Expectancies for Self and Other as a Function of Behavior Type and Dosage Set State University of New York at Buffalo Self-Reported Alcohol Expectancies and Postdrinking Sexual Inferences About Women - Journal of Applied Social Psychology 58. Study 59. Study 60. Study Social Behavior and Personality - an international journal State University of New York at Buffalo - The Effects of Alcohol and Anger on Interest in Violence, Erotica, and Deviance State University of New York at Buffalo and University of Washington Protecting Communities from Sexually Oriented Businesses Len L. Munsil 61. Study 62. Study 63. Study Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses _ Peter R. Hecht, Ph.D. 64. Other Publications I. Final Report of the Attorney General's Commission on Pornography. 2. Gerard, Local Regulation of Adult Businesses, 2001 Edition. F:\DOCSlCity of Winter SpringslAdult Entertainment lndcxlabc,wpd SEPTEMBER 24, 2001 REGULAR MEETING INFORMATIONAL "E" A TTACHMENT(S) ARE LOCATED IN THE VAULT IN THREE (3) BOXES