HomeMy WebLinkAbout2001 09 24 Informational E Adult Entertainment Establishment
COMMISSION AGENDA
ITEM E
Consent
Informational X
Public Hearing
Regular
September 24.2001
Meeting
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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,
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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.
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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
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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
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