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Supporting Documents - City of Federal Way
Supporting Documents for Renton City Council's adoption of Ords. #4594 & #4595 - Effective 5/12/96 F�o1� DOCUMENTATION NOR CITY OF FEDERAL WAY DOCUMENTS FROM CITY OF FEDERAL WAY . . ORIGINAL . WP0421 C-ORD • • 01/23/95- • • business, based on responsibility for management of the adult cabaret business. • E. "Cabaret" means any room, place or space whatsoever in the city in which any music, singing, dancing or other similar entertainment is • permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly selling, serving or providing the public, with or without charge, food or liquor. The words "music and entertainment" as used herein shall not apply to radios or mechanical devices. F. "Clerk" shall mean such city employees or agents as the city manager shall designate to administer this chapter, or any designee thereof. G. "Employee" means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any cabaret. H. "Entertainer" means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for such entertainment. I. "Liquor" means all beverages defined in RCW 66.04.200. J. "Manager" means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret, and includes assistant managers working with or under the direction of a manager to carry out such purposes. K. "Operator" means any person operating, conducting or maintaining an adult cabaret. . L. "Person" means any individual, partnership, corporation, trust, • incorporated or unincorporated-association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. M. "Member?of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a cabaret. -3- CITY OF FEDERAL WAY INDEX of City Council and City Attorney Documents Date Document Tab 05/02/95 Partial copy of surveillance at Deja Vu with blocking on 1 dancer 08/09/95 City of Federal Way City Council Agenda Item re City 2 Attorney August 9, 1995 Memorandum 08/09/95 City Attorney Adult Entertainment Memorandum with the 3 attached exhibits: Exhibit A - Draft of Proposed Amendment to Adult Entertainment Ordinance dated August 9, 1995; Exhibit B - Federal Way Adult Entertainment Documents Exhibit C - City of Bellevue Adult Entertainment Documents Exhibit D - City of Tukwila Adult Entertainment Documents Exhibit E - Adult Entertainment Studies from Other Jurisdictions — . . . , • VIDEO TAPE (Partial copy of surveillance at Deja Vu with blocking on dancer) MEETING DATE: AUGUST 15, 1995 ITEM# T (C CITY OF FEDERAL WAY City Council AGENDA ITEM' SUBJECT: ADULT ENTERTAINMENT ORDINANCE • CATEGORY: BUDGET IMPACT: ,CONSENT RESOLUTION Amount Budgeted: $ ORDINANCE _STAFF REPORT Expenditure Amt: $ _BUSINESS PROCLAMATION Contingency Reqd: $ HEARING _STUDY SESSION FYI OTHER ATTACHMENTS: Memorandum to the City Council from the City Attorney dated August 9, 1995 with the attached exhibits: Exhibit A-Draft of Proposed Amendment to Adult Entertainment Ordinance dated August 9, 1995 Exhibit B -Federal Way Adult Entertainment Documents Exhibit C- City of Bellevue Adult Entertainment Documents • Exhibit D - City of Tukwila Adult Entertainment Documents Exhibit E -Adult Entertainment Studies from Other Jurisdictions SUMMARY/BACKGROUND: On June 1, 1995 and July 13, 1995, the Public Safety/Human Services Council Committee heard testimony regarding enforcement problems with the City's existing adult entertainment ordinance. The City Attorney was instructed to draft amendments to the City's existing adult entertainment code. The Public Safety/ Human Services Council Committee reviewed the proposed amendments at its July 13, 1995 meeting, and moved to forward the Ordinance to the full City Council at the August 1, 1995 meeting, recommending approval. On August 1, 1995, the full City Council heard testimony and moved to forward the Ordinance to the August 15, 1995 regular City Council meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: Recommends approval of the Ordinance. CITY MANAGER RECOMMENDATION: APPROVED FOR INCLUSION IN COUNCIL PACKET. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) . . COUNCIL ACTION: APPROVED COUNCIL BILL # -DENIED ORDINANCE # -TABLED/DEFERRED/NO ACTION • RESOLUTION # • KMGMDITEMADULT.ENT • • • • • • • • . 1 1 • • • 7 • CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: August 9, 1995 TO: Mayor Gates and City Councilmembers FROM: Londi K. Lindell, City Attorney SUBJECT: Adult Entertainment Code Amendments I. BACKGROUND On June 1, 1995 and July 13, 1995, the Public Safety/Human Services Council Committee heard testimony regarding enforcement difficulties experienced by the King County Police Department in connection with the City's existing adult entertainment ordinance. The testimony was that the existing adult entertainment laws have proven ineffective in controlling illegal behavior. The City Attorney was instructed to draft amendments to the City's existing adult entertainment code in order to more effectively detect the large volumes of criminal activity occurring within such establishments, while recognizing legitimate and constitutionally protected expression. The Public Safety/Human Services Council Committee reviewed the proposed amendments at its July 13, 1995 meeting, and moved to forward the Ordinance attached hereto as Exhibit "A" ("Ordinance") to the full City Council at the August 1, 1995 meeting, recommending approval. On August 1, 1995, the City Council had a first reading of . the Ordinance and heard testimony from the City Attorney and King County Police Detective J. P. Covey. The proposed amendments specifically address the fact that various types of criminal activity continue to occur within the City, notwithstanding the existence of the City's adult entertainment laws. The record reflects that there has never been an instance when an undercover officer has entered an adult entertainment establishment in the City when a criminal act was not occurring. The record further reflects that the City has insufficient police resources to continue ongoing undercover investigations at these establishments. The proposed amendments include a minimum four foot (4') separation between an entertainer and a patron during couch or table dances,- .Memo to Federal Way, City Council Re: Adult Entertainment Code Amendments August 9, 1995 - Page 2 a minimum lighting requirement, and a minimum distance of eight feet (8') between an entertainer on a stage and a patron. These amendments specifically address the fact that proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes and address the enforcement problems and ongoing criminal activity discussed above. Various ordinances and legal documents from other jurisdictions have been placed in the record, which demonstrate secondary effects of adult entertainment and other means to address adult entertainment. Other jurisdictions have taken a much harsher approach to adult entertainment than the proposed Ordinance, including absolute bans on one-on-one performances (commonly known as "couch" or "table" dances) between an adult entertainer and a patron. However, the Ordinance will be sufficient to deter criminal behavior, without limiting the entertainers' ability to express themselves in any material manner. However, if the criminal activity continues after implementation of the Ordinance, I may recommend additional measures, including a ban on such one- on-one performances. This Ordinance, once implemented, will not only deter criminal activity, but it will also simultaneously protect the entertainers' ability to express themselves, help protect entertainers from assault and other potentially unwelcome physical contact from patrons, and provide adult entertainment management with useful tools to assist in detecting criminal violations. II. SECONDARY IMPACTS The City's adult entertainment ordinance seeks to mitigate the secondary impacts of adult entertainment uses. Such secondary effects include increased crime, reduction in property values, deterioration of the quality of the environment of neighborhoods, lessening of the suitability of certain areas for children, seniors or other groups, and/or increased municipal expenses such as police services. The purpose of this section is to examine the experience of Federal Way, and other communities, and the literature on the subject of secondary impacts. The Washington Supreme Court has held that a City may rely on evidence generated by other jurisdictions in connection with the adoption of an ordinance so long as such evidence is believed to be relevant to the problem the City is - addressing. Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 3 1. Incidence of Crime. While it can be debated whether exposure to pornography causes delinquent or criminal behavior (see bibliography for research studies) , police research, as described below, shows a linkage between crime rates and areas which contain concentrations of adult entertainment uses. A. The City of Federal Way. The City of Federal Way has experienced criminal activity in connection with the operation of Deja Vu, an adult entertainment facility located at 31656 Pacific Highway South, Federal Way, Washington 98003. Criminal activity has also occurred in connection with the operation of X-Otic Tan, an adult entertainment facility located at 29500 Pacific Highway S. , Federal Way, Washington. The video tape which will be shown this evening is representative of the type of criminal activity which is occurring at Deja Vu in Federal Way. Please also see attached Exhibit "B" Federal Way Adult Entertainment Documents: • Declaration of J. P. Covey from the King County Police Department; • Summary of Prior Arrests at Deja Vu; • Copies of 24 criminal complaints filed in Federal Way District Court covering crimes which occurred at Deja Vu over the five (5) month period of March, 1995 through July, 1995; • Copy of Federal Way Hearing Examiner Findings of Fact, Conclusions of Law and Decision regarding X-Otic Tan dated September 30, 1994; • Resolution No. 94-189 of the Federal Way City Council regarding the revocation of X-Otic Tan's business registration; and • Copies of King County Police Officer Reports in support of X- Otic Tan revocation. B. City of Bellevue: The City of Bellevue, Washington had similar experiences with Papagayos and Babes adult entertainment clubs. The Bellevue police investigation revealed a high incident of criminal activity related to primarily prostitution and violations of Bellevue's adult entertainment ordinance. See attached Exhibit "C" City of Bellevue Adult Entertainment Documents: • City of Bellevue Adult Entertainment Ordinance; • Pleadings from Ino Ino, Inc. v. City of Bellevue, King County Superior Court Cause No. 95-2-02025-9, including Amended - Findings of Fact and Conclusions of Law; and �_.. • Supporting Declarations filed in the Ino Ino case. Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 - Page 4 C. City of Tukwila: The City of Tukwila, Washington had similar experiences with Deja Vu in Tukwila. Deja Vu, Tukwila is owned by the same owners as the Deja Vu, Federal Way and provides stage dancing, table and couch dances. Tukwila police investigations . conducted in the summer of 1994 resulted in over 500 criminal convictions relating primarily to sex crimes such as prostitution. The 500 convictions included 70 convictions for prostitution. See Police Incident Reports representative of the 500 convictions attached hereto as Exhibit "D" City of Tukwila Adult Entertainment Documents. D. City of Kent: The City of Kent, Washington had similar experiences with the Roadside Inn Tavern. Prior to its forced closing, the Roadside Inn offered topless dancing and table dancing. Kent police investigations conducted in the summer of 1981 revealed a very high incidence of criminal activity at the Roadside, related primarily to sex crimes (prostitution) and drug related offenses. As a result of 57 hours of on-premise investigation, 162 charges were brought against 21 persons by the Kent Police Department. The report filed by the police stated: "The total time involved, and the number of charges, break down to a time expenditure of slightly more than 20 minutes per charge, attesting to the relative ease by which the subject of prostitution arises within an environment such as the Roadside. " In September, 1981, the Roadside Inn Tavern was closed by the City of Kent. The City of Kent recently adopted an ordinance which bars any one-on- one performances such as table dances. E. City of Bothell. Bothell's experiences with Mama Hoopah's in 1982 demonstrated a similar association between the use (an adult dance hall) and the occurrence of crime. Research by the Bothell Police Department also demonstrated the regional attraction that such an establishment can have. In one investigation of the 321 vehicles checked, 8 were registered in Bothell with most of the remainder from the Puget Sound regions, though others had out of state registration. This is potentially significant in that nonresidents of an area may be less inhibited in their personal behavior when away from their community. Nonresidents may also be unaware of the needs or concerns of residents/owners of areas adjacent to the adult entertainment use. - F. City of Detroit. Between 1969 and 1972, the number of adult theaters in the City of Detroit increased from 2 to 18 and the number of adult bookstores rose from 2 to 21. During the same period, the incidence of crime in and around these establishments increased dramatically. The high incidence of crime together with the blighting of skid row effect of proliferating adult businesses • led Detroit in 1972 to adopt stringent locational regulations for adult uses. • Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 - Page 5 G. City of Cleveland. Similar to Detroit, the City of Cleveland experienced a rapid increase of adult uses during the early 1970's. Unlike Detroit, Cleveland kept detailed crime statistics by census tract and by location of adult businesses. In 1976, 26 adult businesses (8 theaters and 18 bookstores) were located in Cleveland's 204 census tracts. The same year, the two census tracts having the highest rates of crime had a total of 8 pornography outlets. Cleveland Police statistics showed that during 1976 there was an average of 20.5 robberies per census tract. In the 15 census tracts which contained adult businesses, the average was nearly double at 40.5 robberies. A single census tract which contained 5 pornography outlets and a population of only 730 persons had a total of 136 robberies. The statistics for rape echoed the same pattern as for robbery. The citywide average of rape in Cleveland in 1976 was 2.4 census tract. In the 15 census tracts containing pornography outlets, the rate was double that. The foregoing police records in the City of Federal Way and other jurisdictions identify a clear linkage between the incidence of criminal activity near and in association with adult entertainment establishments. 2. Other Secondary Impacts. Attached as Exhibit "E", Adult Entertainment Studies from Other Jurisdictions, are studies performed in Kent, Washington; Bellevue, Washington; Austin, Texas; Minnesota; and Indianapolis, Indiana, of the secondary impacts of adult entertainment uses. Many of these studies conclude that adult uses result in a reduction in property values of surrounding properties. These studies also conclude that adult uses are incompatible with residential, educational and religious uses. Finally, the City of Federal Way has experienced the secondary effect of the drain on municipal resources by having to allocate disproportionate police resources to adult entertainment businesses. III. DEJA VU LEGAL MEMORANDUM IN OPPOSITION TO AMENDMENTS At the August 1, 1995 Council meeting, Jack Burns, legal counsel for Deja Vu submitted a memorandum to the City Council containing certain legal theories and analysis. This section is in response to his allegations. 1. Entitled to Full Constitutional Protection. A clear error in Jack Burns' analysis is his statement that there can be "no - question that this form of expression is entitled to the full { . protection" of the First Amendment in Article 1, Section 5 of the - • Memo to Federal Way City Council Re.: Adult Entertainment Code Amendments August 9, 1995. - - .. - - Page 6 State Constitution. Just this year, in JJR. Inc. v. City of Seattle, 126 Wn.2d 1 . (1995) , the State Supreme Court stated that nude dancing "remains far from the core of protected expression of :" and that ". . . nude dancing performed at an adults-only nightclub clings to the edge of protected expression." Also, a number of state court decisions, including ,the.:recent Superior Court decision on the Bellevue ordinance, characterized much of the activity at adult entertainment clubs as "conduct" and not protected expression. Sexual conduct is entirely outside the protection of the First Amendment and Article 1, Section 5 of State Constitution. 2. Tipping. The tipping provisions proposed for Federal Way are the same as in the Bellevue ordinance. These were upheld in the Ino Ino Superior Court decision by Judge. Schapira (CL 33) , citing Key. Inc. v. Kitsap County, 743 F.2d at 1061-62. Jack Burns refers to two problems he sees with the provision: (1) it would make the adult entertainers "employees, " rather than "independent contractors," and (2) it would.constitute a ban on tipping such as was found unconstitutional in the Snohomish County case he cites, PD&MK. Inc v. Snohomish County, King County No. 87-2-04201-4. Neither of these concerns is valid. As to the first, the City has a right to regulate time, place and manner of handling cash transfers between. the patron and dancers. This was established in Kev. Inc. v. Kitsap County. As to the dancer's "independent contractor" status, they could continue as independent contractors, but the ordinance requires that their tip be placed in' a separate container and not placed on the entertainer's body. . In addition, virtually every court which has considered this issue--and many have in -a wage and hour law context-has found the dancers to be employees, not independent contractors (see, e.g. , Reich V. Priba Corp. , D.C. No. Texas, No. 3:91-CV-2786-G, 3/27/95) . ' - On the second point, Mr. Burns' analysis is also, incorrect. In the Snohomish County case, the trial judge, Susan Agid, upheld .a total prohibition of tipping as to nude dancing. As to non-nude dancing; i.e. , table dancing, Judge Agid said only that "a prohibition on tipping" would not be permissible. She went onto ,say. that .". there may well be other methods of payment available, which will have to be developed to pay for erotic' dances of all kinds under the ordinance . . .". The proposed amendments do not prohibit tipping. The amendments establish an alternative method of payment, and the same provision . has already been upheld in the recent challenge to the Bellevue ordinance. It should also be noted that Judge Agid stated that the prohibition of tipping for nude dancing served a "compelling" state �• . interest. (CL 15. ) - Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 . . - - Page 7 • 3. Time Place and Manner Regulation. The cases cited by Mr. Burns on page 2 of his memo concerning "subject matter restrictions imposed upon speech" are not applicable in this situation. The Collier V. Tacoma case he cites, 121 Wn.2d 737 (1993) , is not on point. The State Supreme Court in Collier stated that the Tacoma -- -.._ %`ordinance requiring prompt removal of political campaign signs in residential areas was content based.. 121 Wn.2d at 752. This puts the ordinance in a fundamentally different category than time, place and manner regulations of adult entertainment, which have been consistently upheld as content neutral so long as they focus solely on regulating the secondary effects of adult entertainment and not on censoring its content. Renton v. Playtime Theaters. Inc., 475 U.S. 41 (1986) . • And, on the state law front, the Washington Supreme. Court has, as noted above, characterized nude dancing as a marginal expression clinging to the edge of constitutional protection. In contrast, the subject, matter regulated in Collier--political yard signs--is pure expression at the very core of the First Amendment and state constitutional protections. In any event, the public interests involved in regulation of adult entertainment qualify as compelling state interests. Even the 1987 Superior Court case concerning the Snohomish ordinance, cited by Mr. Burns on page 4 of his letter, found that the public interest in preventing crime, prostitution and sexually transmitted disease associated with unregulated adult entertainment can qualify as compelling state interests. 4. 'Narrowly Tailored. Mr. Burns cites several U.S. Supreme Court cases,;, as well as a couple of state law cases for the doctrine of "narrowly tailored" ordinances. Mr. Burns' analysis, however, is generally off the mark. "Narrowly tailored" does not mean that the least restrictive alternative must be employed. Narrowly tailored means only that the activities which are burdened by the regulatory measure must be those that are creating the problem. For example, if a municipality wishes to prevent sexual contact between patrons and dancers, a regulation prohibiting all live entertainment within the City 'limits would not be narrowly tailored. However, as long as the municipality focuses on the particular activity causing the problem, such as table dancing at. •a. 'club . like Deja Vu, the courts will not second guess how the municipality chose to accomplish its: time, place and manner regulation: So long as the means chosen are not substantially broader than ' necessary to ' achieve the government's interest, however, - the regulation will not be invalid simply � . . because a court concludes that the - l Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August- 9, 19.9 5 - - - - Page 8 government's interest could be adequately served by some less-speech restrictive alternative. Ward v. Rock Against Racism, 49. U.S. 781, 105 L. Ed. 2d at 681 (1989) . See also, United States 'v. "Albertini,. 472 .U.S. 675, 689 (1985) (least restrictive alternative not required under O'Brien analysis) . Burns' reference to the Worldwide Video v. Tukwila case is likewise not on point. The problem is Worldwide Video was that the Tukwila ordinance defined as adult entertainment- even businesses with as little as 10% of their stock consisting of X-rated materials. This definition would include mainstream video and bookstores. The City was unable to demonstrate that such businesses were likely to have the kind of secondary impacts that legally justify time, place and manner regulation. This is not the case when regulating live entertainment clubs like Deja Vu. The kind of adult entertainment they present is well documented as the type frequently associated with adverse secondary effects. 5. Increase in Stage Separation. The existing adult entertainment regulation required the stage be 18 inches high.and 6 feet from the nearest patron. The proposed ordinance now reads 18 inches high and 8 feet separation.1 Judge Schapira found that Bellevue's stage dimensions and distances (identical, to Federal Way's proposed dimensions and distances) adequately "allowed entertainers to convey their erotic, sensual message . ." Ino Ino. Inc. , FF25. She also found that the 8 foot separation (and 36 inch rail) was established by Bellevue after a test showed this distance prevented a "seven footer" from possibly touching a nude dancer on stage. ' Ino Ino, Inc. , FF10. The increase from 6 feet to 8 feet for nude dancing on stage also makes sense since non-nude table dancers must be 4 feet from patrons. 6. 2:00 A.M. Closing. The 2:00 A.M. closing hour is from the original ordinance and is not proposed.:to .be- amended. However, this closing hour is consistent with the closing time for bars. The City's concern is that inebriated bar patrons would travel to and enter adult clubs if' the clubs remained open past 2:00 a.m. There was testimony on this in the Ino'.Ino case,, and Judge Schapira 1Note that Mr. Burns is incorrect where he alleges on p. 3 of his letter that under the proposed ordinance "all dancing" must occur on a stage separated 8 feet from any patron. Only nude dancing is required to be on the stage. Non-nude tablei dancing may ( occur 4 feet from the patron. • - i j - Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 - Page 9 recognized the 2:00 a.m. closing as a content-neutral time, place and manner regulation. (Cause No. 95-2-02025-9, FF44 and CL 34. ) IV. CONCLUSION After the City Council's consideration of all the evidence in the record, including the secondary effects of adult entertainment establishments, staff recommends that the City Council enact the Ordinance. K:\COUNMEMO\ADULTENT.815 1 . r Memo to Federal Way City Council • Re: Adult Entertainment Code Amendments • ti August 9, 1995 Page 10 BIBLIOGRAPHY • Reference Materials For Review • • Studies • • Effects On Surrounding Area Of Adult Entertainment Businesses In St. Paul. Division of Planning, Department of Punning and Lconomic Development, St. Paul, Minn. June 1978. • Regulating Sex Businesses. William Toner; Planning Advisory Services, 1977. Study Of The Effects Of The Concentration Of Adult Entertainment Establishment • In The City Of Los Angeles. Department ot City Planning, City ot los Angeles, CA. June 1977. Articles • "Aggressive Erotica And:Violence Against Women", Edward Donnerstein, Journal of Personality and Social Psychology, Volume 39 Number 2.. "Cities Are Turning To Zoning To Regulate Pornographic Uses", The Building Official And Code Administrator, Feb/March 1978. "The Effects Of Aggressive - Pornographic Mass Media Stimuli", Neil M. Malamuth and Ed Donnerstein, Advances In Experimental Social Pyschology, Volume 15. "Is One Women's Sexuality Another Women's Pornography", • MaryKay Blakely, Ms., April 1985. "New Rules For Zoning Adult Uses: The Supreme Court's Renton Decision", Alan Weinstein, Land Use Law, August 1986. "Pines, Funk Offer Guidance, Based on Young Decision, for. Regulating Adult Entertainment Establishments", Burt Pines.and John Funk, The Municipal Attorney, December 1976. • . "Regulation Of Adult Theaters By Zoning", Howard Dobbins, Virginia Town and City, Nov/Dec 1976. • • "Regulating Pornography: Recent Legal Trends", Alan Weinstein, Land Use Law, .February 1982 . "Sex And Aggression: Proving The Link", Seymour Feshbach and Neal Malamuth, Psychology Today, Volume 12 Number 6. "The War Against Pronography", Newsweek, March 18, 1985. "Why People Don't Fight Porn", Harry Genet, Chronicle News, January 1, 1982. Memo to Federal Way City Council Re: Adult Entertainment Code Amendments August 9, 1995 Page 11 "Zoning For Adults Only", Bruce McClendon, Zoning News, August 1985. Other:Resources • Bothell Police Department, Material On Police Experience With Adult Entertainment Establishment, 1984. "City of Renton vs. Playtime Theatres, Inc., The U.S. Supreme Court Revitalizes The Regulation Of Adult Entertainment • Land Uses Through • Zoning," Daniel Kellogg. Cleveland Ohio Police Department, Effect of Smut Shops On Increased Crime Rates, 1977. "Community Impact Statements Required Of Certain Businesses", James H. Allendoerfer, City Attorney of Marysville. ,irley Feldman Summers letter to Nick Gallow • "Local Government's Control on Pornography", League Of Women Voters Of Lake Washington East, 1985. "Pornography Effects: Empirical Evidence", Victor Cline •Ph.D. Text of Talk Given By John L. Harmer President Of Citizens For Decency Through Law, on Tuesday, December 1, 1981 at Phoenix Arizona. Exhibit A . C � ORDINANCE NO. 8-9-95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE ADULT ENTERTAINMENT CODE TO PROVIDE FOR A DEFINITION OF ADULT ENTERTAINMENT, FINDINGS OF FACT, PROCEDURES FOR THE CLERK TO SUSPEND OR REVOKE A LICENSE, INFORMATION REQUIRED IN ADULT ENTERTAINMENT LICENSES, AND STANDARDS OF CONDUCT INCLUDING A MINIMUM FOUR FOOT SEPARATION BETWEEN AN ENTERTAINER AND A PATRON (AMENDING ORDINANCE NO. 90-55 AND 92-129) WHEREAS, the Federal Way City Council finds that the ordinance is in the interests of the public health, safety and welfare, and WHEREAS, based on public testimony and other evidence presented to it, the City Council has determined that the secondary effects of adult entertainment activities are detrimental to the public health, safety, morals and general welfare of the citizens of the Federal Way, and WHEREAS, proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes, and WHEREAS, concerns about crime and public sexual activity are legitimate and compelling concerns of the City which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare, and WHEREAS, it, is the intent of the ordinance to enact time, place and manner regulations which address the compelling interests of the City in mitigating the secondary effects of adult entertainment establishments, and ORD # , PAGE 1 WHEREAS, on June 1, 1995 .and on July 13, 1995, the Public Safety and.Human Services Council Committee reviewed the ordinance, • '1_ heard testimony regarding enforcement problems with the City's existing ordinance, and moved that the amended ordinance be forwarded to the entire City Council for approval; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL. WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:' Section 1. Federal Way City Code, Chapter 9, Article III is hereby amended as follows: DIVISION 1. GENERALLY Sec. 9-71. Definitions. For the purpose of this article the words and phrases used di n this section shall have the following meanings unless the context otherwise indicates: VA Adult entertainment shall mean an {,?<>:t v:::?:»r,::»?,:}::;.: :n}x.: `A` r o'r afl E or dance of any type :iemso ° " ;� .. exhibition z{:ai:,: :.z}}:-:-. .w: : <>::v,. } }} %}` ° conducted �..: remises where such exhibition or dancc conducted in P }, ,},::;FsFx:. ,:. vmmm§: :< :":k,,` ,m:,,:�:,,c: cx o3ure to vices of :pert : :>:v:<}: 0::F }}:=> :t ;>: involvc3 the P.. :{�..} . ;:.;:..;.:..,::':<>'.�;; .;� • ••::: .:�. �» b•=::: :tK{x{.}:.v.},;:ti:.•e:•}.. .r .i,.; .FC... :L1�`(�,I:�±�.♦ fit�fxy�f��y: yy.�r•� ,,'{ ?c.,f.� ::;:,r4eR...,... {.Y �Y :;aoi.?` ":`R��F.4Y:?k:ii.,..}.,.:+41Ff�ti;+•.: +i1t43took.x;?�c•'F:ww:a;a''m::�:}uo2aroRa�:sx: 'a{.•,.•,�,w„ :�:�'wt'��xt�=�:} �;}:.. .i�Y•.ry{:..v.... .. ,� . t.;.;.<:�..:,:....:�t.�.:«<;?::W the }},?.}.?:v:}}.,.�:..}v..{« ��{ } ? 4� ortion of ... :..}}:?�:}:' {_?_:<>:F..{} F'}?' y.;...;:;>}:e::.; ;o0e any P ..,><;<.'' ::::��:�:obi ` '} ���a� :.��a},}:.�.;;.?�'��:�„{. ;:tx�,;..:.�ax,::...}. . portion i��� `breast"below the top of the areola /for any vulva or of:{,,ham{r... }titi•.'F.4:i:.1::: :}}:. buttocks tie pubic . hair �e���a:�, anus, „�{,.Y::fv�v.}::�:¢:.;.}.,;�.:.�.y.::�.p;}}}}:�{!..�;:�.y,<'�rc}M.}:r���:; T+•ic,:•::{af:w:;,c:::?..}:aces,..:::•;.:o;.ca:! ; c.:.}{}Yith?;a..;;wv{yx:{.}w:a{...;},�:"}�`-:::} ^:•rr.'I!':1'f.�:,.F-n., :FFY.i4;'ti¢ {:.�>:• ; ::wean any;d L i or Ve g:F:<::F : ::::}:;:.e fl'2}:o genitals}rF:}.:��::;�.:.....,.::::::::::..... ... portion afr the ::...:.,?, :::; <?::.;;? :: :::: :>,:.,?::.:::.;. ate s�r.th `�..ap:•earanc y ��a�a :yxb:�cxsh��nul:.::::�:•:F:':::><:':>::;.}>,:e`..s>�:.�..r.,�`�,.r,;{.:•.;:,�:.::;;.r:�}� � any portion O breast below the to of eo a or .:.....?... ..:.:�:{..:,r:,�,...}: vulva P e to a or .h cks :::. ��?..;:.:;: :::......... but ofpubic hair tee•. �a�, anus, .� . :F•.k}>}}}.� the ......:<�::?`:.:.t ::: .:::�}}:..,}:.:.::;:}};>::>,..:.:.:�.}::>}:. wv«:. •:.w.:;;.. `�`�`yi �k {.}.4ti::{};•}:•:F} ;}:.,v,;::}:':•:?,?•}::::. ::};F::::k\:::a.•::•`"5.,:,�Ytii{{,'y} y {"�M y1��y.�{� ?yj�y[��.�.••'•.'`:Y•�S{4yl�t;!�µ�y,•:�i;4 ynar maw 'tti4Nx.::. +.7:i','•!kf::r:::: 57,4,:I..e,;1i M.Y..r�S{::.2,$.:h• v:{,:2titii•: enitals •: ::F�3t'k?4 .:}��:... <::,::::� F. ��:<:>�.}... {: :e'n::<« '�:><::cca�a�::leel:::: ��c�>vry:� ......rr.::rh•,ih..�;F.?.•:}}:',;•,•„ . ........:::.v:.v:•:::....:•:.; :::: :{:: :t`•':} F+;::i•�r::ry.. }:• .............:::.::.:•::::•::es:.::::.,:.:,.:.�:• :•:::::.•::::.�:.::{}F:?>. ,•'?::•.:}:} ?:}:}`}::. .:: .�:?•.•? .Fi;:v: ti':M`)<:�: '.e ....... :{:•:::...::{.{:.: .;:.,....}:.}':;.}:.}:::::e . : . ,..:: .:{.}:;,;dance};}}_ o :<{<:zany ::::?:.::.ype :«: fin.. �.....t.::::::�.::::.}:}:;.:..}':. ..:...t...t.:es......:.r�++yy��y�M, :::::::..:.:. �J ........ .{4.••}}:::. .�ii.•tiFF•:::.}f 47:�4M;:1:.:•.,:,.,} .�:;.,k ..c{:r,.rri :!.t,.. 4.FFi:?f•.. v ..1�..(„.(.+�, ..]�.�• .rr.......�i.i.{?}•:::...�:.•:::...F::��+•}:•..i:.:?i ::'{.i•::r'}.i•FF�Iti}},'<•SFe;Fo:2`.9:{::xf.',•vo;::i.4r.}:}sa?iF'•t:53{{h:{a;,.r..{?...::.:.:r.::}.•::::.. :S.. •......?;.:F'•:'i:•:f.•.rn;K:'.{>.Yat :{SF:}{{::::{•:.'i'U.;: :: 4�44.:'}. ..`y4{:. ...'Y'....:.....:.. •,.•: : .: . . :.err:>dan:�....?..........r:... 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Adult cntcrtainmcnt catabliahmcnt shall mean thc prcmi3cs whcrc an amuzcmcnt, divcr3ion, cntcrtainmcnt, ohow, performancc, cxhibition, display or like activity is held for thc use er bcncfit of a member of thc public, or advertised for thc U3C or bcncfit of a member of thc public, hcld, conductccl, operatcd or maintained for a profit, dircct or indirect, whcre such cxhibition or dance involves the cxpozurc to view of any portion of thc fcmalc breast below thc top . , . ... . of thc arcola or any portion of the pubic hair, anus,' buttocks, vulva or gcnitals. • ' • . • • . . . . ...."41'.."-*::4:latirer.eisitg''.A.Airrz-riin"Whwtiv"fr•›.;e Terrihm—$5"threfillitiwirt-eairvitsmaisitarc• •,1; a. . ::§w.:Imsw,:v.o..mswo•oi.:,.;Km.amme:pkww..:..Amia,.:.....-,iva:§pipm.o.m•k!imi:i •PaM:M: .W.i'M Pr3e.AntelgigiMAANWer•Mc.kroAv- :,..wl:r14110xacki9c:V.4:1,1WmP,!AfArglWAStaitTiloE: 4a 0•644tiAnti4ritga:, Wip,Otiet:11.A.• ..Wititrx:.!•124,41ttilts:ostaiiitga*$*iii:batetiii . wa., , . mv.I.K§04R-mkk:ev-- :•-imil:' • - ----- -• ---:: •:.::::•.-•:KA.,z0::::::.---•-,$..-.....z::.,:::•:;::::::=:::.1•;:u:::::::::*zim=wo PaVtW>U*PITOMPV0M-000.*00VWM-1 ......0:::::::::::kwo:e:.w,gw.aw::,....&Niaw&wmw.::::.At-:•::::eamss,:->x,p.m...,: 1 . ., WIEIEXNPISVifiMTAIWrdrdgfjhrifaVrgtEfdtiitWatar.ififiggWeaiEttfferCrM, : tilkt.-. gaggifiglipaggivitaggo in rikatt edio.pagit:tagaitillorsa.. . ,.........••...---.....:.::........ .........,,,ge,,...K.w......:4::::z,i::&:;•M ; .,.ii'4.•&$:40 ••••••••• ...,;••• ......)I.:::,.:..s..4.*1....p.,..•••.*:.:. :,.:.%:%w::•%:.:*:.:.:::.m.:•x•:.Aowx.m.,..x..%%:.,.v.,*.A.:•xtx. w.•,,y....."...,%: .>:::x.›.wm:.msx....:.::...:,.:. :.::::.,....%:.%:,:.w.,,,..%%%::,:.::.. ....w.y.x...m...:.: ti,PROVAA:Inakiltd. 5., nt.k0, 1146.?,, rS..: antfikiiiilatititleda0.3). 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' 4 Operator shall mean any person operating, conducting or• $0.•*;..i mantaining an adult entertainment establishment.. f:',:a•• Panoram or peepshow shall ' mean any „ device which, upon insertion of a coin or by any other means610.11$40.06A*4:*ittbale WeiliffiglITC'elfffireffiritig al. igiors ''"-"‘ - --•'' rp, „..„„...:::..,„a.,,....:„ ::.:„.. .,;.;kw,.,.,, .::.A...,::,, exhibits pi- _sp. , ..:, a picture or view' by film" videO.•iik'by 'any"Other meansimat.,.kid.-:1044g6V4ftMarti,Nittqf gaiNgOWEN*607468 .44e.o. ...;:,..,4kg4.11 ::::M::::::Z::::.•:::::,5.X:K•sn=:: . practe„byaz. m----.. pre.i.taraoparawmrttrptrrwrs'vcs474,.. griale3167:14.NroWistarea# 0,11,;s:Notaittil;laltrirti. ;a"! 1,401400)00004:14*aateimiati4regrooti N pia.a.R : .ofigisteic.iiiits*flami. .notiativiitioripliutzlivtir: ."- a'1'.—.$"- - --' g4Ttagniratatsovapo---r-glIsa:wpreisivtottaftwoverro, Els:, ilimantaktv‘vi ....fir.00.,:„.: eispme..N,I0:. rie . .iti:xioxi.v...§.§...,:::mommo...*1 x+.* ..sulz.::::F43.10-or .. ....:aiteam„,orem,i,iunakncompora•-•e .0.*Assocaia:.zon,§0.,..4,...,eAnanz.va.,. ::: : ...:.ii :.::::*:-.:::::*:::::::::.:::.::::::::,,m.::***::::::::::,....,..m:-..,:::::m*:.::::: 000matt.4040VFOttgreriftgaiverlitOntAtMeAtittAP$MOtheVrettarldt m1,,:,,1 . . 240,::: : . ti.:::: Ai-VA. gERMIPAROAOMOMMIWWWWWMAPAgP54 igm 5 2.....'affivita:e means i,a.§.gra e.:Avwlow,w:i..:::::::vim,z,.w:it ,vivevmws‘wiz:::::w.•x its: 6..W.AF.::::::,•::;:::: ;:;A:,;: :At••;,; :::::;.•;?:-,:•:. •;,-••••••:•-• ":7&-...:::::L:.::...,:*:ii!!*4.0*.:VIAINS:e14);";;"4,. ?:::;4471:.....er:P044LiQS:a§::ffleA2hartA ordinary.:i: oia§mk:bigt nttpv 0::?.:::.::.*.051.4§WArwleadetttliga,,:K,,:.l:*::::A:::,.,.f,r.:A::...igi,,..13 ...I.4...",...f.......fi...,..::.:ll,-...-t.,t,.e...•..,.1K..1,4 sel §mrgansgtfVrdwvexottgarP*Nehtbutabr610*RtOfCftottatetX tg)pppwago. oFrmtogoto , . gotgweow.wo,"miggrovate* r§ottatito tiotgbift$04iitititgtiNg*NR4100biitifillOtAthAigigliadkOMEN;400iMOV .§0::•:,:0:.i::.g:i:K:i: :W*;.;&::...:i:::ii:•.,::,,i:f.,i.MR. ::::§:ti: ::,:::::•::::§&;:z;:x*ik....,..64:"4:;:::::,M.;•,:$:::::,::::,::::•.:-.........v...:::;.:.,..:.:W:,:::: .•;:%%:,,,,i..,,:k,,,:,.,.::;:ki,,,L. Otegga*-4gn!Pg0fi.altSPAIMOtiONOMAMPA41 §..0=t...s,7. g.w....2,;;;,/,....gtvi=nrsi.:440.N.:, ...,: . .• . ' ' • Cross reference(s)--Definitions and rules of construction generally, § 1-2. - • Sec. 9-72. Findings of fact. • . . Based on public testimony and other evidence presented to it, the city council makes the following findings of fact: (1) Th .7,,,,:,•:•,:•:•••:•:•:•7••:•:••:•.:::mni,:::im,•••••,,,x....••••••• ,oi:§0,..:,,,,i.::E::•,,,,....:•.m. e .5-REVOINsKligogtRzwhilmt activities defined and reguisate4 in''thI6 article 'ae'detrimental to the public -health, safety, morals, and general Welfare of the ORD # , PAGE 4 . • citizens of the city and, therefore, such activities must be regulated. i (2) Regulation of "the adult entertainment industry is necessary because ' in the absence of such regulation significant criminal activity has historically and ' regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitutionIngipmeweiwyowe narcotics and alcoholic beverage law violations, breaches of thepeace; t ,;V &fl and the presence within the industry of .�;;..: : indivi`civa�s with hidden ownership interests and outstanding arrest warrants. ,..:.,,•:.,•:. •,y •:;.:.;;:,;a.}.:,v{,:{,,,;bra;';::»:w:.•'.:+'r"a•�'��,`K•'• �.,,•.. ...: •r-}:cam:a;A.,,::\k)^F..y.:cu,.:`:ua;:wL`.}.?,k;•i+.�'2`\�;tii��:`:.r.\\�.`\� +; }..h... . . +. } \ ,t.2:. .: ]�e• >� � :MGiLi'}VM: ai .i:. .}.•.:tr.{•... 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'���'p�b�Y�xk��a'lth; s af�et� a�y '� • - ::a:tia�sct;:•:;rs}..;:;v:<7::•}}i:;:;rStaw�'t i+:axt cis, The activities described in cubacction Olibaberai (2) ".ems,; +.., of this section occur, ' in the absence of "r`egu"�'ation, regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages. 5< It is• necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors; to ensure that each such entertainer is an adult and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible. f > : .{ It is necessary to have a licensed manager on the "'•` +• premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment, including the actions of patrons, entertainers and other employees. {4+4i ')' The license fees required in this article are necessary as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry. 7 . :$)' Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry ORD # , PAGE 5 • in the .absence . of regulation. These hidden ownership • interests have historically been "held by -organized and • white collar crime. elements. In . order for the city to effectively protect the public health, safety, morals and }:c.>A,A3"?:�Fa,.4Y:^`t;;:••}h'{•a\�"xti�)}J}�F.'�c°,T:•.{M1`': tow`FTYA.`...,�,T:`.k of its J. fetY :a ;4a" e . general welfare citizens a ;;' -.�"..:.' '.aic,fi?}c::;'�xyi \wyh�a}>y^.J,`..•„• �•t? :e�a\.:w,�C};r;;,?.vich�';ii,.+'k:`•'td. .?r , e v. y}N:- � `•} .J"•4.•� :""J�"y�' r�,�y its" is important that he . ::.:?Yy >;a ;,:.>v' ;`t>»y}}?' of: >' .4e actual ownership of >adu:.' }s':?':Y ` e fully a prised tihe }..•:.v:•:.s +.4:: city .. .:>.�. . . t4}:.w..:}'4•i:�:.�:.<}..:{���:+}�t.., n:?aex••�c4}1w:.'"Yt:Cv:"?at?4a•. ::a j?'`•?:;•i^•'.{'•'i yy .,•]`. r de t:':i�ii:$S`\,•{'r' " .t}•:^!•. ':.,�7�7�:.�..��i.. 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No. 4}0-55, 5 1, Sec. 9-73. Penalties. ., (a) Criminal penalty. Any person violating any 'of the terms of this article shall be guilty of a misdemeanor and , upon conviction thereof, be punished as provided in section 1-13. (b) Civil penalty. In addition to any other penalty provided in this section. or by law, any person who violates -any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed . by the city clerk. The city - clerk, in a reasonable manner, -may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator;. the gravity of the violation; the number ORD # , PAGE 6 • of past and present violations committed; and the good faith of the - ' violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure 'specified under this • article. • (Ord. No. 90-55, S 15, 5-1-90) Sec. 9-74. Additional enforcement.. Notwithstanding the existence or use Of any other remedy, the city clerk may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provision of this article. (Ord. NO. 90-55, § 16, 5-1-90) Sec. 9-75. Business hours. • No adult entertainment shall be • conducted between hours of 2:00 a.m'. and 10:00 a.m. • (Ord. .No. 90-55, § • 10, 5-1-90) • Sec. 9-76. Activities not prohibited. This article shall not be construed to prohibit: (1) Plays, operas, musicals or other dramatic works which are • not obscene as defined in section 9-126; • (2) Classes, seminars and lectures held for serious scientific or educational purposes; or . 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' p ndency<c offA t e< ap ea s : ORD # , PAGE 9 Ecc. 9 87. Authority of hearing examiner. bypartic3 The city hearing cxamincr i3 dc3ignated te hear appea13 • • ' it penalty pur3uant to this artielc. -The hearing examiner may adopt rcasenablc rulc3 or rcgulatien3 for condueting its buuinese. Cepies efableh e3 and ic. All dceisiefc ,and fi-nding3 of thc hearing examiner 3ha11 be rendered te the appellant in writing with a copy to thc city clerk. (Ord. No. 90-55, S 17(B) VW A K, 5-1-90) Sec. 9-88. Notice of appeal. Any person falling under the provisions of this article may appeal from any notice of suspension, denial or revocation or civil penalty assessment by filing with the city clerk within ten days from the date the notice is delivered or deemed received, a written appeal containing: (1) A heading in the words: "Before the Hearing Examiner for the City of Federal Way" ; (2) A caption reading: "Appeal of " giving the names of all appellants participating in the appeal; (3) A brief statement setting forth the legal interest of each of the appellants participating in lathe appeal; (4) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant; (5) A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside; (6) The signatures of all parties named as appellants, and their official mailing addresses; and (7) The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. (Ord. No. 90-55, § 17 (C) , 5-1-90) ORD # , PAGE 10 Sec. 9-89. Date, time, place for, hearing. As soon as practicable after receiving the.. written ,appeal, the hearing examiner shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than ten days *``"``"♦'"�```"-'' .� days from the date the a eal was nor more than b8 ) ���': <..y;� :; : �� .::<;,:..:..:;::v«.::.:<:. ::.;..:>::'F:.r:<::;�::PP::..:<:::<::::::,:.x�::;.:; :tikk•:..iv:k;•}•vL�.^?J::2<:{k.:'.!:u;.>;:.;�:M:viN.YR;:::.:;N•;>:<::>«:,:L;W4;:«<:;.;�:.:.::,..::................. ,::, rrt-ies a ;ee to an a eae „c�c filed with the city c�.er kfak4.•,k • �?�ss»rapa.:: �:;;, .. ,> N>4.. .:,<•:::k �<::;�:.:: � .:::.. t� }p Written notice of"the time and place of•Ythe hearing shall be• given. at least ten days prior to the date of the hearing to each appellant by the hearing examiner's office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. (Ord. No. 90 55, 5 17 (D) , 5 1 90) Ccc. 9 90. Rights of appcllant. At thc hearing thc appellant. ahall be entitled to appear in person a b gel-and-e!fe sueh-evidenee pertinent-and material to thc action of the city clerk. (Ord. No. 90-55, S 17 (E) : ( ) , 5-1-90) Sec. 9-91. Scope of matters considered in appeal. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal. (Ord. No. 90-55, § 17 (F) , 5-1-90) Sec. 9-92. Waiver of right to appeal. Failure of any person to file an appeal in accordance with the provisions of this division shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof. (Ord. No. 90-55, § 17 (G) , 5-1-90) Sec. 9 93. Stay of enforcement. Enforcement of any notice and order of thc city clerk zhall be stayed-dur- ng ter Bey e•€--an--appea t F r and timely filed. (Ord. No. 90 55, S 17 (H) , 5 1 90) Sec. 9-94. Action after hearing. Upon completion of the hearing, the hearing examiner shall: :..:........ ......:. (1) Accept m the city clerk's recommendation as •Ciiii:�•'n.ki;:-i:4}:ii;k:;;;ij}}>; prcccntcd ' dsin ;;..;for e se:::::t 140.dify:::the::>Gzt::.::;4 rk s r:ec sion� Determine no (2) Rev.;.� :::�;:.::.;;::.;:.;:>;:. :.:.:::�'•.;;� .: -: �' ',.:.:.:..............................:. . ...............:::::. .... action i3 warranted; or ORD # , PAGE 11 • (Ord. No. TD-55, § 17 (I) , 5-1-90) Sec. 9-95. Appeal from hearing examiner. An appeal from a decision of the hearing examiner shall be to the county superior court and shall be served In � the event within the 30 days of the decision of the hearing examiner applicant or license holder does not follow the procedures n of within the time periods shallf beth final this division, the hearing examinerfina9. (Ord. No. 90-55, § 17 (J) , `LkkSk`'.�..:•{ki'•,{•yw�1tt•,�:�}::.v}]:{;:+.:ii;�.:.v-:K•kCi'y:}`:;{fry}}kk::•h?:;k�'•+t - ,..::.. {;•...•- ) rv:n•}}}}}l{•:{{Ji:riihdC::::.•}.£tiii'•}.:v:ti}}}.• .1v:...v.r+::.vv{•n:r...}...':'}: M•kvi:irikv}r.•.v.{,M',.• :: 'Y.v'Kvvix t{{{.}}:<r:{rM;ttir;;:::C:i���;5{{;.R '%ti\�C:,�4,�,,{�L[Qf4 {:.,:v:.�r.a.;..,:.;sm�::c?�. }yam, r..•}:• };El�:"�•��'.. � '•t�# :vK+{.:Y .'LK{!f¢i4K:::r{{{N:{!.L?C\ :}\1. kk �•:��Yl?. '•''� fa fitiy1:}•.nwi ::-l:•w.kk}y:}::••n::}} � +{!': .,. ,•.,}f•:{{nf::r.Lo-\L:.•?•k::m:•.. t ♦y{n�•..?. :t.... .,. 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(a) Adult entertainment establishments shall not be` operated or maintained in the city unless the owner or -=l-e wawa has first obtained a license from the city clerk, em toas set holerator P `art ee or icle. It is unlawful for any entertainer, perform any service to knowingly work in or about, or to knowingly p unlicensed adult directly related to the operation of any entertainment establishment. (b) The fee for an adult entertainment establishment license in the city as required in this division is $500.00 per year. (Ord. No. 90-55, § 3, 5-1-90) Sec. 9-107. License for managers, entertainers required; fee. No person shall work as a manager or entertainer at an adult entertainment establishment without having fist obtained a manager's or an entertainer's license from the city clerk pursuant to sections 9-110(b) and 9-111. The annual fee for such a license shall be $50.00. (Ord. No. 90-55, S 4, 5-1-90) ORD # PAGE 12 • • Sec. 9-108. Due 'date for license fees. • , (a) • The license fee• required by section 9-106 is due and payable to the city clerk at least. two weeks before the opening of the adult entertainment establishment. (b) The license fee required by sections 9-106 and 9-107 are due and payable to the city clerk before the beginning of such entertainment or beginning employment. (c) Every license issued or renewed pursuant to this article shall expire on December 31 of each year. (d) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall•not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that • year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31 of each respective calendar year. (Ord. No. 90-55, § 5, 5-1-90) Sec. 9-109. Renewal of license; late penalty. A late penalty •shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such license as set forth in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8--30 25 31--60 50 • 61 and over 100 • (Ord. No. 90-5.5, § 6, 5-1-90) Sec. 9-110. License applications. (a) . Aduit entertainment establishment license. `:.„,'.,r: :: .:..>,:.>.,,,,,,'.>:,..»>:,..,,:,:,>,v #Xxtlatt na All applications for an adult entertainment'+"establishment license for placco which offer adult entertainment shall be submitted itaith{ i.erk vv:{{iifi+iC�::ii::{i'riv{v4::{Lw.{'•:{{JL•i. ORD # , PAGE 13 • • • in the name of the person or entityprepTILo conduct such pa adult entertainment AROVAtimnit on the busine prem ss ists and shall be si4hed bylsuch person or - his or her agent and notarized or certified as true under penalty of perjury. All applicaions - shall be submitted on a form supplied by the city, which shall require the following information: (1) Thc namc, home addrc33, home tclepheincnumber, datc . thc applicant if the applicant io an individual. (2) The bu3ine3s name, addrcsz and telephone numbcr of • thc c3tabli3hmcnt. • (3) The names, addrc33cz, telephone numbers, and Social occurity numbcro of any partncr3, corporate officers and dircctor3, or ether -per3on3 who have management rcsponoibilitioGin sonti.octi,n with the buzincs3 , Specifying . th-c management rczpon3ibilitiC3 of each. (4) Tcrm3 of any loanz, zecurcd tranzaction3 and rcpayments thcrcfor relating to the bucinc3s. . : aM"W64001504WOOkaaiMPIRM#M9 W144p' bii.4106:4#01***4*Agt#PZi:PrOggfgaRRIMN • • aggaitigeditiOrMetidavrtiverty*stroet4W400„a0 -• OtPt4200100.1*01,0,04-MOROVR6_MMT•FATOR#1115 gAWNAANNOisiNitiohdaiatiMAimpabsteeda4the OVIREVAN control person1 provide Names,- any aliases EigtmitoptuomagiattigitmiNtamtuweqwwwmptioalt- tit* 01/1Wfisiiglitiii6410treatgvAggownwtertimt ogiogatapitaii*, .00".00.00%,100,11401 66. owdonsaittaiiitOweestiUalwitilityl*,,,0 - • • andmbusofessatemepponampmeogi m AaMOBEIWOOMPiaailwatiata* 00,11meoltual general••••-•••••••••-••-•••••••—,,,,m~,..:§iii:smommiwvion,A*0.:*,,w::::::.,,,, ,,,.m,2Kti, c„,,,.. blida0400EloPatug9TiP•PrOMVOMYROPOR6MWAfifiR igetitiMg4aigiblgtOAWSS,*qggNMSNN9Afta tatiiiiiieiVeigAiagiaidaniiiWittniWaftgggokksiOS *** vioe rooess gR•v*RAtF•rm #APV:tatmlA6irAfAmirmy,,mmv,•=d. For the •,:::,z„m,.w::::,*•,m afitufidowalaraprmaghtmetimrta giiztIplittatvpotityhvirstdairsawiturttritlyqUald :fdeNiatiiiiI•StVAdtuOiWittetta4ntwatbAPERegNAO 00:Pt60":3$444410000-WfogocM4ARRAPPIPASEREI ORD # , PAGE 14 • • .;:Yr "G?.h,{. :� mom-}:T4.*h`p: i:.Ry`:t�+yi`.Y,+•.Y . 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ORD # , PAGE 19 :r i2 iGr Mh: V{ w; ti { `YM. ? .•v`w}y.:.' . ` raM .:{:savffSm+yQ. F Lh+:y 4 x�yG\; s. \: y�7i\Ss w. .4 uti \s. 3Q .W� :� kreprC : ti }V p :� ,,, .a:? \...:: .•.•. ; . {ar.t : �' '' 'i .SM,v..+\ C 1 ` }�v:+t\" �{hiiv:: a vi . i\+.tr:?4.4:n :} : . . , . � ; Arecrtif icatc of birth \' ,{{A{rii ,kNtitri1nvWS xsA :\.xv„ w:\ Z\ tiw,w.- I (c) Temporary manager or entertainer license. • (1) A tcmporary . • .._:h• .},:::: iV'f�V yaya�• filingandproof th at askv.} € 6Ve r SL j e:f� rk in., t— -i�Mnc ,hLae s bccn madc. The An: } IYL >� v h4 } n n+ptinv$ t wlaes' l• c se : a •\ } W ,4 { < F ,w :�� • i�iA„� �[:a: ti .:� ? ? } v:: .: v: it�� r.:::. : .:.J}:i.:>:k;.i::::�: h <»} ?J:ki>k:>:?kk:>:>::<.:::::,, :, k :•%.y:•}•:,,..„..,,....}r,M�.. h {...,..b}... Jjiiiv::�?:'+?jki':4w• rk•:hJ 'N\}rix 1wma ,?a lo � �� 1 ?w�i .\ �a� Nv e� oraryilicense wild: 0yR 0 fi00 4 ^ xx ? nkC v ^ . hM 4 vvTf � : vthe\�o *4#04 , � i>� � \A � 1w i ayt# ilR `itik }a �fa e \W{ „f{ 4 :: \ h # .. ; .v. i ti*, :��>:,��.,.r, '�k. G: t' tfl y itiw4. `.1'.��-!n.A :kxoaa..s ,: rmain cf fcciv.c iiritt.oAL,xtLMlx .,;s { i}:{,ti?:•$:„:{ itv .: ::. {{•: •iY,�wwk};v{:<:LAY•:v+:• �.•::„: t•}t.` Y :•. `•„.\ v dates: • a. The date of the fingerprinting appointmcnt, or •. T arty days �-evid a the �• r 3 • oo tment is •thr (2) In the event that the fingerprint a..ointmcnt4lis {not� mct, the icense shall ��?h:"•.�':�t:�;:�: ,.4' t;• ....{...<.,:,. {:.}�;<:}r.::..: tem}�.,/or arY 1 },f•.?}•::t?.;h{:kk;:.:l:�<;iC:%Y:'}:�r>.+M1{•.{{}:^.+'i?.£+:L},.}{?%a{.:�?:•:�:�:`•`{..•w::::?::::ti}y;...ti r'�x;�.::':�S.'<::•\k;'?k::...' ¢ .w�::.vr.....�:v:x^•.vrr?ii{t::{.v r0:•:4i,x .vrtltii%[!niy t'J-+C-•v:(�{?::;:i.•:}. .•M1}.}.. q�{.� ]�\f..;.{;t•i��� .:..iti�: � K ...4•. ::... :.' •.:::•....r..:•:::. � ..... :, ... v:•::�.i�G::ri?�ii��'.�.::.u} ���. •M: ..}:{:{:.?::�:r}::iF'....{6.k.:.}•:+}..:.J}:v ,:. ::{.. ..::. ., ... �r:,:::.��.t•t217�,1•�.:h.?•:::;......w:::v.......r..: 4?t\{.'R•::^t.•:4k?k�n {?v'ik?i:�}.. .:'??: ::::�•......:�:::::::•. t...:.:•.+•:•: •.♦kc•?:.:t:w:.}.;... i•.�.'•}:.}k:';.r.:;�t .. •,2•. jj��'.,,�?. aa��••��'.,+�L.::u .k.: ,jy ::�11i`•:'%:�r. �.lrti . .-: •:.n .: ::?�T>:'-' i}i. :�� ... •.v\••:..' ?i::lfi:,vk:Tij':4:j:::{{;.h v.: . N; � �:},., •�n.���...� .. ............:..:::::::::::n...v;...{nx}••:.}.......;:;::{:::.?.}M1 n�,:-•ii%v vi::�yY•':r'•:�}'': ..\4. 'SY.?.!•riK:::N•::.���.��;i�.:;{�..:::...:•Y:x:... :::��.::�::�::,.t.}::.Y,... x{}...}:'tt.. .fir..,-'r.. ;4 :.`�.:'. ...............::::::::::........:..,•::}::••:: .t:. :•:..k•:. t•S:�i`•::...:..r:.,:..::.::....:...rk:'::?.}}Jr:t:::}r}{•::..... ',...... •. '..:: a •. };�}.-:y} a�1'Ii ..::::.:.J+.......:....;.........r:.??:•}::::.:•}.w'{?r{n:.;k:k:...r........{ti....;,tif r..:�'s, v ;<;.. x`};'ad4i':-.••t: :oi,.nn,G�,.l;.: T-.;{.}.d,T+..••.''•::.:.. t;::::y.}}}'.::.;••.}!ti?:i\ti'•:?ti:S^ki-0ii:4}:i\Y:vJ:?•.,hx t \,:h•�n\\C:C.\`i J'•}t`JJ•:rv-n4..{h4tikt4'+,hv.�\1{4nV,^h,O:J?..'%ttitix`X^^'tititi�j?.h\ijtiki:iki�Vv`:\{+k?i`};?\{•:{i hii�•::•}ti.A ni k{ti�:.:::4 cxpii•c...,.,:..:....c .:.. ��.yl ik.:,{:o:,trp:.,a:. expire immediately as o� the date of tic mi33ed a pointment an no further tcmporary liccn3cs will be issued to that g • for a permanent license, but' thc permanent license 3hall issue only after full compliance with the applicvati subsection (b) of this zcction. A 3ccond temporary license shall not be permitted. 1 (3) Upen complctien of the f i ting, - „a requirements have been r a.. , I I (4) All fingerprinting shall be done at Prccinct 5i county police, by a designated agent of thc police. I (5). The city clerk shall issuc the temporary liccn3c promptly upon ' 1 the fingerprint appointment has been made in a method satisfactory to the city clerk. I. (Ord. No. 90-55, S 7 (A) , (B) (1)--(3) , 5-1-90; Ord. No. 92-129, S 1, 3-17-92) • • ORD # PAGE 20 Scc. 9 111. Issuance. The city clerk shall issue a managcr or entertainer liccnsc upon receipt of the application►, thc information required to be in the application and the .liccrit c fcc if thc applicant is 18 years or older. (Ord. No. 90-55, 5 7(B) (4) , 5 1 90) Sec. 9-112. Manager on premises. A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided. (Ord. No. 90-55, S 8, 5-1-90) Ccc. 9 113. Ctandards for denial, suspension or revocation of adult cntcrtainmcnt liccnsc. than one year, any adult cntcrtainmcnt license if thc city cicrk dctcrmincs that thc licensee or applicant has made any false statement or given any false information in connection with an application for a liccnsc or a rcnewal-ef—a--1-ieense--er-vie-lated--er permitted violation of any provisions of this articic. okc or suspend, for not morc than onc year, any manager's license '` the t e er det m nes that such manager has violated or permitted -violation of any of the provisions of this articic or has- made any false -statement or given any false in ermetien in eenncetien with thc liccnsc application. (c) The city clerk shall dcny, revoke or suspend, for not more than onc year, any cntcrtaincr's liccnsc if thc city cicrk of this article relating to cntcrtaincr conduct or has made any false 'statement or given any false information in connection with the license application. (Ord. No. 90 55, S 13, 5 1 90) Secs. 9-114--9-125. Reserved. DIVISION 4. REGULATIONS. Ccc. 9 126. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to thom in this section, except where the context clearly indicates a different meaning: Dramatic act to,-er eoneerned- pee ea y-e or the contemporary theater. ORD # , PAGE 21 } . .} L. , 1 can i ' j -- -' age parson applying Contemporary community standards the activity appeals to a prurient interest in Sex; unity standard , the activity • depicts patently offensive representation= of: a. Ultimate sexual aet , pe verGe' or simulated; 1 b. Exhibition of the genitals or genitali area; • c. Violent or destructive sexual acts; including .but not limited to human or animal mutilation, dismemberment, rape or torture; and! (3) Taken a3 a whole lackc serious literary, ary, artistic, =�ea1-ems-wren �e�= (Ord. No. 90- 55,. S 9 (E) , (E) , 5 1, 90) Cross reference(s)--Definitions and rules of construction generally, § 1-2. Sec. 9-127. Exception from division. This division does not apply. to taverns and premises A}}}}%L;::•i,i}:•vFx::,}}'r.:{:i::i::::'{':�.!jti:}Y}r}v;/;lr�{{w4ti ii{�)y{5�!�i?�:"Kti:k)k^ }'i{>.ryv�}i}•n :{+:u'+,'i?,.;:C:J'•k;i:. •:.:.WG\/MY'.GriG :i :ulesi� nd inin li uor licenses �:d.}:.::. '::::::: .::::::..:.}'::.::::-:::::.:::>.:}'::.}.>:..:::}::: < .. mainta g 9.......:.:n::....:vr.::::::::..v:::::.:::::::::::. .::..........:..... ....}.::..:..]:'.� ..:..:......P90.n. •::,; •}:..,;...,r,::•\. .. ::{{ .:.. rn .+ nt;F}v :v ..����:ai.<h{ri is F +v;i::.: �w'v}::i\` iti{•t[•1 G):M111;t.},�}{..1 {;:y.0 T-Yn::•}..,v'w: •�iit�.. Sec. 9-128. Standards of conduct and operation. The following standards of conduct must be adhered to by employees of any adult entertainment establishment which offers, conducts or maintains adult entertainment: {4} ON No employee or entertainer shall encourage or knowingly permit any person upon 'the premises to Son. >> :><:> }` . or.genitals of any other p r.:..c'_ .::..:..);;. .}.'•}}'i:.}::. ::.....i.,.,::•,.:....:...:::..} :ii ::}:.:.}:.::.:'}:<::::•.::.:.:,...:..::::::h ::;:::.. . ,. ::{« ::r. ::<complete:<?attire:,„:;cos e .:.:than{.}:.ca :'a.. .. e.;;.;#nd}}:. :...:;::.P•::::{.,}};:::.;.:.}.:.::: :>.:.: i{;:�.}v:{:::{.::{.}:'{: ' irwirirmi, its {:<t:.:. .;:;::of th <_<ar o..a:< xor ��e«��arenst:... :p`<{.v .}}f:.:�:'.}. ;».A;hw.}'.} .:.}}';r�.{}}.>v>:::,r{. :... i}�::>: . ...::. ::: .:.:.�»:.;:off:=���1��"=<€<. rr...... ..v.....r. ..:..:gen: .: :: ::.. ..A'.:., . .: :>'},. Fast vtip::�ra�:::«or.....9.:::::::::::::.,.......:::..�..:.: :.::.,::.::::.:...r... ..;:....:.....,::}:.}:.:;�..;:..;;>..<}':..,:r.:.<.:i:.,.:.{:::... . :>:.}}}::}: � :��<�v<`fit...... `} ot r :...�,:.' �ved:::::>at::::3.east�`eo�t:<`�i�:';• ..v.♦•.».n�„vw:nr.{•:ti4i:{4M•:{{,{{�W:{4 tetlitrie :::.::.. . ............. f{:::2vh�%::A}]i4k{irix+iv+ivi 4J�`:n\:•}}:{vii ORD # , PAGE 22 2P,Wle"Ve7011. , WaPeriniar,,, NPRINNOSItraaNg • ::;:•ZoN,,,IIM•:•;‘;evE.::t:•*,4•:-., oaqu.e 040110104414001000010000010410MABOM entertainer • KON1410• 0001041000410114111:0041W1 0110041400404****4444:gamoveat.141144WOX wiit%iiiirOott$W6M460Wat*Mittligitii*.a.ateeintb* • btaiteg +2+ tiv No employee or entertainer iiiiMiiiiPiattiaziatt410 shall wear or use any device or coVekin4 exposed to view which simulates the breast below the top of the areola, vulva e genitals, anus7 0 buttocks or any portion of the" pubic hair. -Hi- KM No employee or entertainer shall OSEAWMAWINi PSIMMISEMUMIVirttiii#68iiopolltiON SWeitg pu gaiRatiaMatitaa8Aii4. 406g,11,gateafistasgiagva 041MmOmftrimrs0$0.0440#P4Ommomgria§00* gglOgg040041 perfiiim . \actS of Or -a-eta- .ilThla iiüIac a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which arc prohibited by law; b. Thc touching, carcasing or fendling of the breasts, buttocks or genitals; or c. The displaying of thc pubic hair, vulva or genitals, anus and/or buttocks; cxccpt aa provided for in subsection (4) of this section and scctien +4} No employee or entertainer shall have their breasts below the top of the'arcola, or any portion of the pubic hair, vulva or genitals, anus and/or buttocks exposed to view cxccpt upon a stage at least 18 inches above the immediate floor level and removed at least six fcct frem7t7a7asa!est--pat-ren-.- ma$16416 WOMNIMPROWWWWW0WOMPOONI ▪ sgg No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section. poiftge§mmososAganoiliggoolli!iogiliigoo.,„#11§§404 • this Oing*ggtfONANNOPUMMIligNiallinAgNellig0 NOWbORTAMPOON0004040gAggtilk • ▪ MVV No employee or entertainer' shall remain in or upon the adult entertainment establishment who exposca ORD # , PAGE 23 rwr3 . or anus cxccpt as cfpres's * provided for in . 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V S3}: o: ti§:::,:i k••{k{:{v •.::83,hii}{T{,v,.;Y;iim.y.,nk}T;4.h.M.:,::§ .., +}r\{T •'\v}}}• i' v::r kv{.S\:. G\ v..:,h;tn+;; ,v•.' w� i�.��cl�.lY��S `�.c s •:.u:•• <y ..:r". .,'w.`L.';.�:( ::y:':i'Y4��;Yi4"A�F;4�:+.-.ter;.{�y� jj�k� i>'•i�..T,r,. {<: <t •;,.tM...:pe:,4•h.- ..v:\}:i.Tt`:$.?}.k}. ..��� 1yy.�..... ....... ;{,::•:5:}w{{;t•:G}};•{.:aK;•:Vt:4�:kv nit•�hx;.tt•}:}}:vi;:{CC:>:;:;x:::;.`;:ri:;i:�:•.;. �?Ti:{;{tiki:{tik{{i;}•,•v\$ '. -'':.v{,V.:Yrti:.,'v�vl{:}.};.�•:.}�:•.•4:.}i: :.\n. •v�:•{.v ..... .:.::•}'vS:}:{`:.ti;:^i{ir y`, �;"i :iYit�:�r: i...:;.�:;:{..a::::..t::;.}•:.}:;•:,;,;c••`SS:..v:: \i, c,\`;iJ•. ..t ., •.{ :;':k.. ;.•..::i;•:.;�..y.{.y:Y.�:��l ah �y. }\„} f;y:t:'toi{91:i {::': k2�r}i k::::•:rr. ira:-m.,r,:. . . ;� 4�k,. x !��j�Q n .�, ::erfyed?/,.{ t} .};tt az;\�,. ���. �JC:Fi�' iti:�4:ij'i�i:?:��,i��.��{;�w\N�„�,y•,\. T1110041�iZ7�Y?�5v7),` +�.,v,:?+Y)iri?'n" 'iS,:•.r':JY."n•TN�S'T`if.,\•`.•h�:`N`�v4`.kiv,k.'Lh'+\5'T�S1Tr�>hV�TSb,\:3k9537`:::.kb`i.Jii>S:JkVk:<i, :..•`r:5.5::. hw.t}}r:\\i?bvk:U�\bfST��:: t { AN ;{.. „y : g.,x : ::.•. �4..:.. n:y i: x:i: v ah T e •d ..a...r ^ ti:: v: r. a:.:..: 4:..}. :.i}:.:::.•}i.:kY.i..: ..:.i 5.:.{{y:•�:,�..�; � • }}:•i � a : :.:? ft. } : : yx: 5� uK {} :: t x : k k (: 4\ \ }: v :. ,> } Ortat3� #� 3 a v . R i � Pr t Ari } Qw � gi 5 iggg �vg,� r ti006w, : } r� Wi \R l\ ortryaO � T : »8td7 PWi MRCX0A000ti4 Y #F J 11 v 0cv 2 n fi i4OI � aut offeredktiT� 24S1 �o � vyp} .k : k iaWir 'atrokztam� 00 ± * n§.�*** y t e §: } n i „„ 0 stage �+. $ S O �i� � v ) ? x *1e \ P7oided or . :.:.xfi },.,•}, . � v 4::a itiirM �4r'r':}:� iter . j e .� : rid: . M 1 ^ .` � K\a: � : f • �.::.....-;. �:.y����� esa �0; uOt Mir >� : k ,� u 3anaa0 ron £duy. . .r: i :* riw^ M �. � ,x} w , .xr :* vt y dut : xv. vv :vk\ : n07N0; v: 1vvperformance, : r }0� o,3 { . : r {c iP FKi yy C : n5# 0C g y i ot : ydl} i ert e enit1�b.40me : : h : �ha " i ri :�r � < : tiy } > : k : : > ; T :: . : : :: iy : » yys: : y : 0i.{d. by : : . u ;t; a erta�rn: :>kad not n; t :: aQ .ka. v . . 0 : ., : » —. (Ord. No. 9.645;'`+§ 9 (A) ('1•)--( ) , Sec. 9-129. List of entertainments, fees. There shall be posted and conspicuously displayed in the common areas of each place offering' adult entertainment a list of any and all entertainment provided on the premises. Such list shall further indicate the. specific fee or charge in dollar amounts for each entertainment listed. (Ord. No'. 90-55, § 9 (A) (7) , 5-1-90) • Sec. .9-130. Physical layout of premises; sight obstructions. • Every place offering adult entertainment shall be physically arranged in such a manner that: , .i::ii:k}r::;.::}:k{:}i;:iYii:}kTrix•^:i:Yi''r:<S::i}i:kkk:i:•'i,'ri:ii;is ii.}}}. i:ik: Theerfr::::::::::::::: ::{.::: :::: :::.}:.:.:::: •::.. :::::::::.::::. (1) i::':iik:::i::::::k?:::ikiir::}•:.:riiii:;c::>:. fifiianaint }::::::::::::t•::ii{. i;:{y}.}..,... ;..:;..:. ;.}•.}•.}•.::.;..: �:.:��:.x:. a'/�«;Y� i.�� ;�:��':4.. x•;is................. 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ORD # , PAGE 24 vi ii{{:v:iv:x:•itiiMK•::..x vjP:;1.itiAK:M.vvn�\.,mv.Y,.v.{rnr:./..Ki.,.,.i'M�vvx;Y.�' ii::i{v::•,.vtiC::{isv{94J:iSii'•i:2;ii }� ,} :':�"{: tti•:{'j-v.M{::`.'iy,.•:i{{OC{:^MY;T!:^..:v..:..w.,nwC:i?f..::�i:..;�,... ri ..�::.'vC• r ....:... • :;. ;:i.. ..::-.•.... -: :tthe:>:>..a €ormaT:ce> :a<:s: a:. .:: '•:{{r,{.:Y�^:^:•::•rib::•.,v:: i`?i?{v':•iYv:J.•::?viitiv':.:�^:•i:4:?y.;vw:::.vvi•:i:ii.\\.}{x::7:::::.};:{:.,}•...;.n }{�;{:....i;..;,\:{:.;.;...: .{::v:��.v•::..; �::::nw:.v ::•.vv..v,•.. ..::-•?h::N..:4•• .S>k,. W ���.?5f4F: .-rr:.n�i'i�..v:�r�.M'A':�;1f:A,K„i{:i:{. :\<i � J:'oN\v�:':::i:':'.•v..•i..iv`.vSv:.•v:oi:in v.Wiruti'\\iT.., a'":::::'`'>`"`<:'< e :stwgew< dd`the retire me for portion of the areas>�..:.::.......:....:.......::::.:.. toot�is, cubicles, rooms or stalls wherein -adult entertainment is provided s mis > < e visible from the :<? :?::?: :ast >`pp ma g '` ` common areas of the premises .r.'��..:!•.:d...<:.:.:t.::::.�:::::::i::t.;::.�:;..;:::::::::.�:.;.>:.:...:::::::::: :�:::::.:.:t.;:::.: wawa. .--• Visibility shall not be bloek�ed••••or obscure C ? ` ru to by doors, curtains, drapes,- or any other obstruction whatsoever. (2) No activity or entertainment occurring on the premises shall be visible at any time from any other public place. (3) No cntcrtaincr of any place offering adult entertainment shall be visible from any other public place during the hours of their employment or apparent hours of their employment on the premises. (Ord. No. 90 55, S 9 (A) (8) , 5 1 90) Ccc. 9 131. Entertainers not to solicit fees. No cntcrtaincr at a place offering adult entertainment shall • demand or collect all or any portion of a fcc from a patron for entertainment, before its completion. (Ord. No. 90 55, S 0 (A) (0) , 5 1 90) Sec. 9-132. Notice to customers. • A sign shall be conspicuously displayed in a common area of the premises which shall read as follows: • This adult entertainment establishment is regulated by the city. Entertainers are:• o. Not permitted to engage in any sexual conduct; .,.v..:,......n..:M1.v...v:•....:.....vv..v..:.......v.v...v:.n.......v.vv...........:..v...v......v::.4:•:{4:v::8:nvvx,vvY:,.v.:v: b. Not permitted to expose their breasts below the top of the arcola, any portion of the pubic hair, buttocks, genitals or vulva and/-or anus except upon a stage at least 18 inches from the immediate floor level and removed at least six feet from the nearest...patron;:::,:and ...:. :::::::::::.,:.:::.::::::.:::. :::::.>:..::>:.: ::::.:::::::.:.::.::: :.: :.::..,:.., ...:. ...:::.:.. .....:................................:..............:....... c. Not permitted to demand er eellect all or any portion of a fcc from a patron for entertainment before its..completion. ..vv:v......u..........vv...n..nn:............:...........:.:...l:.,n rev.n....i:ik i:Nin.... ORD # , PAGE 25 �., , 'n, •w.,r..thy. :m., ,xx ��„wy„fit}�tyy. 'Fry yw�� ,' i +'i{{i?rtTT},:^ „): +Cti <?51 •: ir: :;Y}.✓+\v:{S vti ti,\::.}♦,h,+:::.}.{ v: �.. r'.. }v{. v ♦�{gyp x\v:�?:y:S-SM::k'i�y..: ..'}\+....\�4 .v.,...;.. ..Y. .:.n '�Lii:• .ti t' 4vv.}}v :S{Lx..... vv.\}:;n..v:�W�:{:..:. i{?hrih'iC::•;•Ci.{.+v.;..}v w:}k�.nY.L:'v..:{:v:r{ii�{;:ti.•'+\4%... ... v. ::'•:4vS:::v.}}:.4v.::,T>...:v•}::tiC}:{{{::S}T}:4}:ti{.}{{r v v .....y••��'fy� ''•%: 2S:+i,'::{,,.J.:] ,•;}. ..h.. ...14 `SOAFii:{•vT::.Sii::�i}:der }n .;..x.{: ;� �I!'I4��P��'�tp: S �<��? �::�;�:•n:v:<;,:Yri.:;;;:',.{rw::,,....,..:n.K,v.�..�,.�.n...,{..�:?.:n{,.�:n: (Ord. No. 90-55, 5 (A) C30') , �" ) Sec. 9-133. Additional requirements for peepshows. The following additional requirements must be adhered to at any panoram or peepshow: 1 (1) The interior of the panoram or peepshow premises shall be arranged in such a manner as to insure that customers are fully visible from the waist down, and all persons viewing such panoram pictures, shall be visible from the entrance to such premises. (2) The licensee shall. not permit any doors to public areas on the premises to be locked during business hours. (3) Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector: The alicensee shall maintain . adequate illumination ation : ..c:nr. :l:ly gatag ghtn s , p vded V gaols distributedin adaout; thenptsof • he premises at all times when the panoram is open or when thc public is permitted to enter or remain therein. ..:........:......... • ..}>••.:::.+.,.:.>.•.::.<}:.n}...:::::..}:::,.: . ::•.: • ::•. <... . .... 5:.; ..;,}:,... :.{}{. .. .::;ob:>;eo are<pla:{<.>.}::}:: ......,,}:.:::..::.. :.::...:. ::.:...{.. >}{..,5} . ., : . :{..s• :: >:}: had>T:::a gill :'::: ywo m::•+PA:I:k��se:i::::pmt47<i:*::::::::•:.,�.}•<•:::r}:` :i':::ii`::•i:.;<.;.,.; w..:...:::?•>._.N', Tr:Tr{:ti.F.•.... }, ,y� ::.::• e; .read`abl e.`. :b•Y.�•:'.:'< :.}e ... {`'�`• • �1'iJ' :•`:'Z�•est:? l:wa• 4 :.��11#� ��;�:.::�:<:;�?'�:�:t3``<'..''.u....,:.£�'.>�2�?::<'�'�:,::riv.�::k:>T}}:;.}}}}T}}}}}}TT::r:::::::::::r:nrr.::.:.....,}.n... (Ord. No. `.90}_55{:}.,... ::::9.�g.).: 5"=1-fin) Sec. 9-134. Additional requirements for adult; entertainment establishments. i At any adult entertainment establishment , which offers, conducts, or maintains adult entertainment, the! following are required: (1) Admission must be restricted.to persons of the age of 18 years or more. ' (2) Neither the performance °ra< dul n.::;.::r•<::>•:: xt> �;:•i l t .n:.{.... : ll . : «:: »::» >: i :::;::.::>':;i::>}::» :.:. .'.:.{.:..:.::.::.: bow es k#400rit n r any photograph, drawing, sketch ott er``• pictorial`. or graphic representation thcrcof diap-laying any portion of the brca tc below the top of the arcola or any portion of the pubic ;hair, buttocks, genitals and/or anus may be visible outside ofithe adult i' ORD # , PAGE 26 , • ,a;a.x V •+u.,'^�ifff UN.C,•'•"ff;.�.,.F�;. 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Wsedthepublic 0404`0 S are opeii�}�`to.::;ancr� by �'::«««:. :.:;}�:}<.:.:,.::.: :.:: e lainl visible at all times, a dns to do ob'acts ar .,�?,.. +..�' v+,�; :}:�.;,::,,}},}.},}.,..}><;..: + }....:y v;::aT:•T:•....a. ...,,,,.>TY.T:.}.....;:ynm;.::4:n}}:+T}}}Tw::'.:•k}}:•,•.. '.v:•• •..}. .. r?.}}}Tp}:i}:ff:±h N}T v\:v •.ram.' �:�m::;:�..:.�en'�:..r:.�r,��• ;,.� ,.:A•.}T:} .,.n ::k. ::f:. .�......T.,}} \.}ti.YA}... "YTT::vff'•Yr.:•T::L''T>fvT'•.''4 ... C yin y� yT�we e t +'};OT:i;}•iT'r' vvv:::::' ..v•,;{:.�•vnvC.}i� O:i•+vvWvw"v:4+ri+v>n�`m••+.;,•••:\tin;+:+ ;iv}.. 'i•Jh1{� �;;4::�: iT:J:•:;i�)..v+. {•;{.}:;;;;.}„F•.itJ.vv3vvJM30�vM+\vv.riyA .�4G;rihvvvmv%Y•ii;;'iiwK:vi;•:v�M:imvv . (Ord. No. 90=n.S5, S 9 (C) , 5-1-90) Secs. 9-135--9-155. Reserved. Section 2. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3 . Ratification. Any act consistent with the authority and prior to the effective date• of this ordinance is hereby ratified and affirmed. Section 4 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 1995. CITY OF FEDERAL WAY MAYOR, MARY E. GATES ORD # , PAGE 27 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K\ORD1N\ADULT.ENT I y ORD # , PAGE 28 Exhibit B _ _ EXHIBIT "B" FEDERAL WAY ADULT ENTERTAINMENT DOCUMENTS Exhibit B-1 Declaration of J. P. Covey Exhibit B-2 Summary of Prior Deja Vu Arrests Exhibit B-3 Deja Vu Criminal Complaints and Police Officer Reports (3/95 - 7/95) Exhibit B-4 Memorandum dated July 7, 1995 addressed to Public Safety/Human Services Council Committee from the City Attorney Exhibit B-5 Federal Way Hearing Examiner Decision/X-Otic Tan dated September 30, 1995 Exhibit B-6 Resolution No. 94-189 regarding X-Otic Tan Exhibit B-7 Police Officer Reports regarding X-Otic Tan Exhibit B-8 Deja Vu Publication/Advertisement ( K:\COUNMEMO\ADULTENT.EXB BEFORE THE CITY COUNCIL FOR THE CITY OF FEDERAL WAY, WASHINGTON DECLARATION OF J. P. COVEY I, J. P. COVEY declare as follows: 1. I am over the age of 18 years and am competent to testify to the statements in this Declaration based upon personal knowledge. 2. I am employed by King County as a police officer. I have been a detective in the Vice Control Unit for approximately 12 years and have had substantial experience in operating in an undercover capacity at adult entertainment facilities during this time period. 3. On August 1, 1995, I testified at the regular City Council meeting in Federal Way, Washington regarding the City's proposed amendments to its adult entertainment ordinance. 4. The City's existing ordinance has a prohibition on "touching" between an entertainer and a customer. I testified that this "no touching rule" was difficult, if not impossible to enforce by the police department on a regular basis. An officer cannot simply walk into a club to determine whether or not violations are occurring. An officer must enter a facility in an undercover capacity in order to determine if violations are occurring. 5. I further testified that in the five years that I have had an opportunity to enter the Deja Vu adult entertainment facility in Federal Way, in an undercover capacity, there has always been a criminal violation occurring, either an act of prostitution, or a violation of the City's adult entertainment ordinance. 6. I further testified that a minimum lighting rule was needed in order to properly enforce the ordinance. For example, at Deja Vu, the majority of the table or couch dances are being conducted in low light secluded portions of the facility or in the VIP second floor section. The VIP section has secluded cubicles with low lighting. EXHIBIT Declaration of J. P. Covey - 1 d K:\Pleading\Covey.Dec B-1 AUG 09 '95 10:17AM CITY OF FEDERAL 4J T '" j- r.c • 7. _ have compiled a summaryof arrests that occurred at pea Vu in Federal i Way during 1990, 1991 and 1992 which s attached to my , Declaration as Exhibit A. The sting Goodly police Vice Departmenti consists of 48urlsn, Woodinville, covering Federal Way, Sea Taco county. Woodinville, are Shodetectives,lneMing Y Shoreline and all of ongoing undercover operations at any insufficient officers to perform � one adult entertainment facility® nt was occupied with During 1993 and 1994, the Vice Department 9 in enforcing its existinglaws assisting the City of Federal Way d accordingly, did not perform regarding massage ationsbusineateDejanvu' I undercover investigations v the vice Department conducted) an investigation ifl. During1994, sAt facility• at X-otic Tana an adult eatertainm the adult entertainment ordinance 11. The proposed amendmentst® police officer, whether undercover or not, to enter an will allowe any P to determine if contacto stataking ble placeace a betweennar nter ainer and t a patron during Couch and/ be County polies March 1995 through July 1995, the King.Each time police department Durconducteding undercover investigation;• E undercover undcover fcran the facility to perform j undercover officer entered one or more criminal or code violation® KBe occur= • investigation, The city has filed 24 criminal, complaints in connection with such investigations. LAWS OF THE STATE OF UNDER P . I DECLAREENALTY of PERJURY UNDER THE FOREGOING IS TRUE AND Cp�$CT• yQASg=riGTON THAT THE FOR801995. Signed at J C. Ce 45A , Washington, on August s / -o77E3 se ve J• P.; • K g County Pi iiiii � I ' I Declaration of J. P. Covey • 2 a V taadirowvcv.pee EDIT "A" Deja Vu (F.W. ) 1990 Arrest Record DATE NUMBER TYPE OF VIOL. 02/27/90 90-051996/ Ent. Viol. J055861 02/27/90 90-051999/ Ent. Viol. J055862 7/19/90 90-202607/ Ent. Viol. 7/19/90 90-202628/ Ent. Viol. 7/19/90 90-202606/ Ent. Viol. (2) 7/19/90 90-202638/ Ent. Viol. 7/19/90 . .9.0-202631/ Ent. Viol. 7/19/90 90-202608/ Ent. Viol. (2) 7/19/90 90-202648/ Ent. Viol. 7/19/90 90-202616/ Ent. Viol. (2) 7/19/90 90-202617/ Ent. Viol. (2) 7/19/90 90-202626/ Ent. Viol. 7/19/90 90-202629/ Ent. Viol. 7/19/90 .- 90-202627/ Ent. Viol. 7/19/90 90-202604/ Ent. Viol. 7/19/90 90-215327/ Ent. Viol. 7/19/90 90-202551/ Ent. Viol. 7/19/90 90-202620/ . Ent. Viol. 8/29/90 90-247732/ Ent. Viol. J002510 . 8/29/90 90-247744/ Ent. Viol. J002509 10/30/90 90-314731/ Ent. Viol. J018962 10/30/90 90-314730/ Ent. Viol. J018961 K: \DejaVu.Arr EXHIBIT B-2 • Deja Vu (F.W. ) 1991 Arrest Record DATE NUMBER TYPE OF VIOL.' 12/09/91 91-387601/ Ent. Viol. K047654 I 3/26/91 91-090546/ Ent. Viol. J002725 3/26/91 91-090547/ Ent. Viol. J069540 3/26/91 91-090543/ Ent. Viol. J069543 3/26/91 91-090550/ Ent. Viol. K001528 3/26/91 91-090548/ Ent. 'Viol. K001527 3/26/91 91-090544/ Ent. 1Viol. J069542 4/15/91 91-112704/ Ent. iViol. K005084 4/15/91 91-112704/ Ent. Viol. K005083 4/15/91 91-112686/ Ent. Viol. K005127 4/15/91 91-112683/ Ent. Viol. K005128 4/15/91 91-112728/ Ent, Viol. (2) K005085 4/.15/91 91-112729/ Ent. Viol. K005086 12/20/91 . 92-005732/ Ent. ; Viol. K036502 12/20/91 92-005733/ Ent. Viol. K036503 ' • 12/21/91 92-005734/ Ent. Viol. K036504 _ • j i I Deja Vu (F.W. ) 1992 Arrest Record DATE NUMBER TYPE OF VIOL. 1/07/92 92-007998/ Ent. Viol. 1/07/92 92-008000/ Ent. Viol. • 2/15/92 92-053592/ Prost. K036505 3/09/92 92-081741/ Ent. Viol. K036508 9/24/92 92-332127/ Prost./Ent. Viol. L017117 9/24/92 92-332126/ Ent. Viol. L017115 9/24/92 92-332135/ Ent. Viol. L030277 9/24/92 92-332134/ Ent. Viol. L017113 9/24/92 92-332137/ Ent. Viol. L030278 9/24/92 92-332136/ Ent. Viol. L030276 9/24/92 92-332106/ Ent. Viol. L011263 9/24/92 92-332133/ Ent. Viol. (3) L017112/ L017114/ L017116 9/24/92 92-337205/ Ent. Viol. (2) L017111 9/24/92 92-005732/ Ent. Viol. K036502 9/24/92 92-005733/ Ent. Viol. K036503 12/21/92 92-005734/ Ent. Viol. K036504 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION 2 NO. QP20086FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 - 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about_05/02/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public. place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast, 14 vaginal area and anal area contrary to Federal Way Criminal Code 6-238, .and against the peace and dignity of the State of 15 Washington. 16 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attorney 17 90 days in jail WSBA #21 51 and/or 18 a $1,000 fine. 19 Date: 20 The above-signed Prosecutor does certify, under penalty of 21 perjury, that he/she has reasonable grounds to believe, and does believe, that the defendant committed the offense, contrary to 22 law.. . 23 24 25 26 27 , 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT EXHIBIT 33530 First Way South Federal Way, WA 98003-5006 8-3 (206) 661-4027 i 1 4 2 e 3 IN THE KING COUNTY DISTRICT WAY DIVISION THE STATE OF WASHINGTON 4 FEDERAL 5 CITY OF FEDERAL WAY, ) NO. CP20086FW ) 6 Plaintiff, ) AMENDED COMPLAINT COUNT II 7 i vs. ) i 8 - - ) 9 Defendant. ) 1 ) 10 I, Paul D. Wohl, Prosecuting Attorney for. the! City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 05/02/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area' for Thirty and 15 00/100 ($30.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor, Prosecuting Attorney 18 90 days in jail WSBA #2 5 and/or , 19 a $1,000 fine. / 20 Date: & 0795 21 I 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 28I FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 I— ti S• . ' CRIMINAL TRAFFIC NON-TRAFFIC •KING COUNTY WASHINGTON IN THE ❑WASHINGTON $MUNICIPAL COURT OF (�p 2 D 8 6 STATE OF DISTRICT I •PLAINTIFF vs.NAMED DEFENDANT v COUNTY OF KING ER CITY/TOWN OF F�'.o L'R.A V wn►'Y . ' ART No. Kw 1-E-A.NO. 2-17-000 THE UNDERSIGNED CERTIFIES AND SAYS THATiPI INRETHE -7S- i • EMPLOYER HAIR I RESIDENTIAL PHONE NO. - - . ' . 1 I TIME E. AoSS 0 INTERPRETER VIOLATION DATE moiini . DAY YEM - C) Oa 24 HOUR l/0 0 AT ORO ABOUTIONM.P. - CITY/COUNTY OF AT LOCATION P.L 1. ('• reD A�- WAY 314 SCo FJ rr • DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND • VEHICLE LICENSE NO. ATE EXPIRES VEH.YR. MAKE 'MODEL STYLE 'COLOR - • TRAILER Si LICENSE NO. STA EXPIRES TR.YR. TRAILER/2 LICE NO. STATE I EXPIRES ITR.YR. CITY STATE ZIP CODE OWNER/COMPANY IF.OTHER THAN DRIVER ADDRESS • • ACCIDENT 1 BAC I COMMERCIAL ❑ YES I HAZARD YES I EXEMPT 0 FARM 0 FIRE . PLACARD 0 NO VEHICLE 0 R.V. 0 OTHER NO NR R I F READING VEHICLE ❑ DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES I.VIOLATION/STATUTE CODE 'WC) ( . %-g I S T1ANO AROS OF COP3t u CT s ET more'S o o ae-067'LASE 2.VIOLATIOHSTATUTE LADE 'f •1` ; 1 II i;"013.{11IIltiL+11ie? Ai!?! !!IIRi140110.31 i 41° Fuj o or�,39 L.A)u, f o s r r-rt r G -ii 31.L A1nre"S ft Eve f2cS BAIL `SS• I I• 0 / 0-a MANDATORY?. U.S.FUNDS$ �7 APPEARANCE ' MO. ' DY. '' YR. 'TIME A.M. RELATED I DATE ISSUED . ' DATE P.M. OS-o3.95 WITHOUT ADMITTING HAVING COMMITTED EACH ICE-MIFF UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE • THE ABOVE CIS�MY REPORT WRITTEN ON TOVE.BUT I HAVE PFICSAELE CAUSE TO HE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATHE ABOVE NAMED PERSON MAIMEDf- RESPOND AS DIRECTED ON THIS NOTICE. r R IERTM5 G TRUE MDCORRECT. P 6771 aux n xtt . . X =wvesrCC. rcof l M... �./ DEFENDANTS SIGNATURE R CO PLAINT!CITATION FIND/JUDG DATE g 1 G NG G NG D BF S S CRG PLEA CNG FINDINGS FINE SUSPENDED LS SUB-TOTAL ABS.MLD TO OLY CD S TO SERVE Op62 G ND G NG D BF $ $ CR OTHER COSTS S WITH DAYS SUSP. (TOTAL CREDIT/TIME SVD OSU RECOMMENDEDSIONONEXTENSION (LICENSE SUR-RENDER DATE COSTS$ �OF SUSPENSIONE. i PSC''y"" WASHINGTON UNIFORM COURT DOCKET-COURT COPY August lase KING COUNTY POLICE KING COUNTY PaucE WASHINGTON UNIFORM COURT DOCKET-DOL COPY •• MRCoumPOUCE WASHINGT•O_1 J UNIFORM�041AT DOCKET-DEFENDANT COPY August 1994 OFFICER REPORT 4 • • r et) PAras 0.1F__...171112 ..ANAMMY .Citkinzr 04604§L tamAL _Al2. -111(,4)) 0 t..u24-NG A C-t4C14. cE &1E 10 rNI col4 c,T_,.. _ _ _ ::: • • CMM3G 5 ,s Lv,.41... CP m n4c-L____wEnf tio Egco •t.se.r4 rEno .o•1 12,_cmg..0 • (2_ (4 FIFE , ao- oo , cw IOca)EFQ_4_Ert_.ss_narr_m _c1,1 teLR szci time I C, 1141:1‘vi srat. 1 \La) T-AP . . 3000.0000004.00100.400.100 • • TRAPPIC. .VEATHER S-A„• LT MED F-t• _I CL Fr: SN •".: C.SK DK • .• • WITNESS NAME(LAST.FIRST M I -0:4E mALcIAVA ADDRESS • CITY SI(IP 8,2-0 AuG, • StrArrLE V). 98104 • • • _ I .._ . . • . 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I IOnKerts sporting A /1 Serial No. Unit No. Supervisor reviewing Date Copes to /- (- cii(3 o�G' 1 1191 P -0f! "2 1128) age � V J • __ _ _ _ w,aaentNUMOW St Continuation King County Police 9 5- 1 3 8 4 5 3 ❑ Statemsm oat® Tim® Mears Witness Statement Continuation/StatementO.R. A., 05-03-95 1250 Ner RReportResidence Phone BusinessPlwne Name(Last.First.Middle) • � Residence Address City State Zip ; Occupation Race Sex o0 To Ivy DIRECT Su i•e1 1 CASE FILE 1 I am a Detective with the King County Department of Public Safety currently . providing technical support to the Criminal Intelligence Unit. My responsibilities include the operation and maintenance of �the audio intercept and video recording equipment assigned to this unit. i On 05-02-95, I was contacted by Det. Steve Ellis of thelKing County Police Vice Control Unit who requested my assistance in video recording the interior of Deja Vu (Topless Club) located at 31656 Pacific Hwy. So. in an attempt to record standards of conduct violations of the entertainers employed there. He said that he would like me to be at Pilct. # 5 on 05-02-95 at 1900 hrs. for a briefing. At approx. 1715 hrs., I prepared the equipment to be used by placing a new Maxell GX-M 120 8 mm video tape in a Sony GV-U5 8mm video cassette recorder and attaching to it a Chinon video camera. i At 1900 hrs., I arrived at Pct. # 5 and met with Sgt. John Lindner, Detectives Steve Ellis, Pat Covey, Joe Fitzgerald, and Mike Gillis. At this time, the plans were discussed for the assignment. At approx. 1946 hrs., prior to my arrival at Deja Vu, I activated the Sc video recorder. As I arrived at the target location I walked into this establishment and took a seat along with Sgt. Lindner at one of the tables which was located fronting the center stage on the first floor. During this period of time, I observed several dancers to be performing on the stage. Upon completion of their dances, they would lie seen gathering up their costumes and walking nude off the stage (stage left%audience right) and past the area where Detectives Ellis and Covey were seated. At times, I could see Det. Ellis speaking with these dancers and an exchange of money between them. I also saw numerous dancers to be approaching the male patrons who were seated in the near vicinity of me and asking them if they would like a dance. Throughout this time, I saw many of the dancers providing private dances for the patrons who were seated at the couches and upon completion of these dances, the patrons were seen giving money to them. From my vantage point, I could see many of the dancers while dancing for these patrons to be rubbing their bodies against each. patron. In some instances, some of the dancers were rubbing their buttocks and breasts against the crotches of patrons simulating sexual intercourse. During this time, I attempted to point the hidden videolrecording device at the dancers as they left the stage and approached Det. Ellis. At approx. 2035 hrs., I took a seat on one of the couches on the south wall of this club. Det. Covey, at this time, was seated at another couch next to me to my left and was with one of the dancers I knew as "Nikki" as I had sr her earlier perform on stage. She was a White female, blonde and was wear'.-:., a two •iece bikini that a••eared to be •ink and ellow inl .l•r • - tt - Mi.. . dft Serial No. Unit No. pervisor reviewing Date Copies to Det. a colm C anq t ' 'I #291 '� KCP (C-102C) tail a Pape I` `iof I G - PAGE TWO 95-138953/COMMERCIAL VICE • MAY 5, 1995 began to perform a dance for Det. Covey and I pointed the hidden video 'recording device towards Det. Covey and this dancer. During this dance, I could see this female sitting on Covey's lap "grinding" her crotch into his simulating sexual intercourse. I could also see her rubbing his genital area with one of her hands. I also saw this female push her breasts into the face of Det. Covey. While the dancer was facing away from Det. Covey and standing between his legs, she was seen to bend over, pull away her bikini bottom to the side and expose her vaginal and anal area. Also at this time, she was seen to rub Detective Covey's genitals in a up and down/and circular motion. At the end of this song, I saw Det. Covey give money to this dancer. The dancer then left and Det. Covey told me that she was going to get a condom for him. A short while later, this same dancer returned and took a seat to the left of Det. Covey. She was seen to hand something to Covey by placing it in his left hand. When the next song began, this dancer performed a second dance for Det. Covey with basically the* same type of conduct performed as in the first dance ie. sitting on Covey's lap "grinding" her crotch into his simulating sexual intercourse, massaging his genital area with one of her hands and pushing her breasts into his face. Upon completion of this dance, Covey was seen to be paying money to this dancer. At about 2105 hrs., I exited this business and deactivated the video recorder. I removed the video tape from the Sony video recorder and marked it as evidence item # MAC-1 keeping it in my possession. -- ,On 05-03-95 at 1000 hrs., I prepared a Master Evidence Record of this piece of evidence and made an original working copy of this tape by placing it on a Maxell ST-126 S-VHS and duplicates by placing them on Maxell T-120 VHS video tapes. Two of the copies were given to Det. Covey. I then submitted evidence item # MAC-1 to the King County Property Management Unit. • EQUIPMENT USED: Sony GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GXMP P6 120 8 mm video tape Maxell ST-126 S-VHS video cassette tape Maxell T-120 VHS video cassette tapes \\L-- Det. Malcolmt hang #07796 #291 2.CASES E I E N I KING COUNTY POLICE • r-- — 1 1 . I r ; MASTER EVIDENCE RECORD U I4— J }--� :I.r�CLASSIFICATION , SKATE •.TIME E. F. C. IL s. Elsie -- L 1 .\ 00 7.LOCATION OF OCCURAI¢E B.TYPE OF PRBL ill.NAME IF OWNER OSU*'ECT'' Ce SECURED BY .A 13.PACK 1:MARKED BY. PERS.D S.INV UNIT ASSIGNED(777e16 0106\ .• 1 7 / �.I si 3 ' ' �tJ NVI ,1'1 cc,_� • F SPA�J(� 14. E NevRDENc1 • ouNo P110►BiTY a.K.o.-owNOR a00KED'IKf`.1 frT1aL A-1Ea COMPLETED•LEFT WITH KNOW D YEE 0 NO 8 BLUE COPY PRESENT®TO OWNER FOR IMMEDIATE DISPOSAL i STATUE DISTRICT COURT B PROPERTY LEFT WITH FINDER OWNER ADVISED WHEN.WHERE t UNCLAIMED SAPOMiO (CHECK ENO. SUNERIO COURT PROPERTY STORED AT LOCATION) HOW TO CLAIM PROPERTY D.V.ORDER BOXESTRAFFICTAFICR COURT .0 OWNER'S LAST KNOWN MARUNO CIML UNIT ACTION BOXES 111 DIN ADDRESS&PHONE USTED Bf30W OTHER NET) APPUC. PENOIN6 INVEST. ' 1 SECTTIIOON) NpT Ep T R VEHICLES.BICYCLES.pq pN M ON g n p I cited on DO a FORM SIT4 N cant to Photo LAO. NOWA&Shell Kied on FORM�G1lb unless MayyonM. 'at ani eotlir+� f lal~ 1 HEN POSSIBLE UST EVIDENCE IN THE FOLLOWING ORDER: A.Fingerprint lift cards B.Money C.Items requiring processing for fingerprints f D.Items requiring other processing E.Other evidence ° 11.ITRN I CITY 111.DESCRIPTION:(USE A SEPARATE ITEM NUMBER FOR EACH ITEM.DO NOT UST MORE THAN ONE ET®M PER LNNE E.dt him MUST be Nuribad.t.00s{. : /� ��I and saparat.h Mdtagad..Do.aibo sling fallowing form.:What is ILL Brand.MARK Serial F.Cadm. 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THE STATE OF WASHINGTON FEDERAL WAY DIVISION 2 CP25051FW CITY OF FEDERAL WAY, NO. 3 Plaintiff, AMENDED COMPLAINT 4 vs. 56 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 , do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 05/23/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed the areola of 14 her breast contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 5 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21 1 17 and/or a $1,000 fine. 18 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 . 8 - FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 CRIMINAL 1111 TRAFFIC in NON-TRAFFIC 96-• /63 50 oZ IN THE 0 DISTRICT $MUNICIPAL COURT OF KIN //G��COUNTY,WASHINGTON ElSTATE OF WASHINGTON ,PLAINTIFF VS.NAMED DEFENDANT C 12 5 0 51 ❑COUNTY OF KING 154 cITY/TOWNoF reowl:1AL• wAS1 rAURTNo. • NOD LEA No. 2-17•000 THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON IIRIVFR'C I w BIAus W. I STATE I EXPIRES I ID N0.ISSN d CV) U II-NEW ADDRESS EMPLOYER u • HAIR RESIDENTIAL PHONE NO ' MONTH DAY YEAR TIME , ❑ INTERPRETER VIOLATION • DATE r7 24 HOUR ATE a Q O ON OR ABOUT O S 11L�AA1 ` AT LOCATION CITY/COUNTY OF 31G,S o P-I4• /•.• FLzL'nAL �Y DID OPERATE THE FOLLLOWINGJVEHICLEIMOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE UCENSE NO. STATE EXPIRES VEH.YR. MAKE MODEL STYLE COLOR iIITRAILER El UCENSE NO. STATE EXPIRES T TR.YR. TRAILER R UCENSE NO.I STATE EXPIRES TR.YR. . OWNEFVCOMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ' ' I ACCIDENT BAC COMMERCIAL ❑ YES HAZARD 0 YES EXEMPT I ❑FARM ❑FIRE • NO NR R I F I READING I VEHICLE 0 NO l PLACARD ❑NO VEHICLE 0 R.V. ❑OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE Fuio- 4. p38 .5n rJoAROS 6F cOiJO LCT I I . 1 • L t P.)c nrs 6 idR E1) 72SI_ n,,....k{ 2.VIOLATION/STATUTELADE I OW .ens tI�''a ?I? 0MA. gr13,y.,$� ikiiigt?'i?? ii: I 1 I 1 I BAIL • 6s7 . }4. ,c) . Q_a, MANDATORY U.S. FUNDS$ I APPEARANCE MO. DY. TIME A.M. RELATED A `- DATE ISSUED DATE P.M. OP,2o O�j r(/ (35•073 - 9S-- WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY WIDER PENALTY OF PERJURY UNDER THE LAWS Of THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED T IS ON THE DATE AND AT ME LOCATION ABOVE.THAT I HAVE RKIBABLE CAUSE TO BELIEVE THE ABOVE NAMED PERSON COMHRTEO THE ABOVE OFTENSEIS).AND MY REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK OF Tw WENT IS TRBE-AINp CORRECT. OFFICER N n i 7 6,7 0 X .CM 0€-3 r EF.a rC>t11.1 .v OFFICE A DEFENDANTS SIGNATURE COM INT/CITATION � CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE 1 G NG G NG D BF $ S S ABS.MLD TO OLY C) 0 2 G NG G NG D BF $ $ $ TO SERVE CI OTHER COSTS S — WITH DAYS SUSP. I—"'" `" RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS$ II kmco`tnypr WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 4- aNG coLTNnPOLICE i KING comfy POUCE WASHINGTON UNIFORM COURT DOCKET-DOL COPY KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 _I • OFFICER REPORT ' K•/,390 .. a. le EF Q�tr FoQmel) 1`CmtiO4 b1313Ct AM gNGAGb6 .ra ._Cau4ucs Laen.% Rio Ar.. ...0 ku.G_ .ocAr&I3 1 -nJ.---•FG.pegAL. WAYS K-C_i wA. it•3._.._ll.00 t, LA OP TUE _ trA r off/a—CQO tr`, —. . .---' -- --' • L -! Arrocidiv Orr. war: .S.PaPb*f e)T £c 'e H .. • . mu CoR pGaV ' d V R�*F - , _ - _..;;T i..' Pt. FG SN r .. ' E. .. •..'i8: PSK OK ;ylrNES^NAME OAST FIRST M I) PF+Oiv_ ---- airy .. ZIF ---- I ' .71;= Hc,.tic✓"7AT:Jfv:PiFrC';,. .. _ /. ,, A'.••, .9r !6.390g 1 C/1 d004 �/ . , Incident number • Continuation King County Police 9 ,s - 1 ,L 3 , 1,o .z, O Statement ' Due ' Time 7" Ott wsteft . 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Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 KingCounty, Washington, That the defendant, in Federal Way, 11 on or about 06/21/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast, 14 vagina and anal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Paul D. Wohl Maximum Penalty: 16 Misdemeanor. Prosecuting Attorney 90 days in jail WSBA #21 51 17 and/or a $1,000 fine. 18 r-- 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 281 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Ways, WA 98003-5006 (206) 661-4027 • 2 i 3 j IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 i FEDERAL WAY DIVISION 5 CITY OF FEDERAL WAY, ) NO. CP20097FW ) 6 Plaintiff, ) AMENDED COMPLAINT ) 7 ; vs. ) COUNT II ) 8 f ) • ) 9 Defendant. ) ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 06/21/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Thirty and .5 00/100 ($30.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attorney 18 90 days in jail WSBA #212 and/or 19 a $1,000 fine. 20 Date: 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 28 ! FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 . i lj 1 CRIMINAL .. IIII TRAFFIC Pam/ NON-TRAFFIC IN THE In DISTRICT gEKIUNICIPAL COURT OF AO 1 G!61/ KING COUNTY.WASHINGTON STATE OF WASHINGTON ��ww.,,PLAINTIFF VS. NAMED DEFENDANT ^/�O •0 rI r CITYCOU/TOWN OFNTY OF W ��` r+L ` • HOC LE.A.NO. 2-17-000 COURT NO. \ f/ THE UNDERSIGNED CERTIFIES AND SAYS'THAT IN THE STATE OF WASHINGTON _ ` paNca•c I Ire W+ I S♦ A I EXPIRES II E l/A/, INITIAL I 0 IF NEW ADDRESS EMPLOYER • QCa VI . HAIR ocancunal a•rwc kin ' VIOLATION DATE ABOUT Q� 1 1 • p yT YEAR TIME A O 5- INTERPRETER ON OR ,� 24 HOUR�(f�Ji1' .lJ AT LOCATION M.P. C/—c.u/. GI J7J' Y. / 31� sc PAC. Nwrso . DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND \) VEHICLE LICENSE NO. ATE EXPIRES H.YR. MAKE MODEL STYLE COLOR . 1 TRAILER/1 LICENSE NO. ST TE EXPIRES TR. TRAILER/2 UCENE O. STATE EXPIRES TR.YR. , OWNER/COMPANY IF OTHER THAN DR ADDRESS CITY STATE ZIP CODE ` ACCIDENT BAC COMMERCIAL 0 YES 0 YES EXEMPT \❑FARM ❑ARE NO NR R I F READING' VEHICLE 0 NO 0 NO VEHICLE R.V. ❑OTHER DID THEN AND THERE COMMIT EAC F THE FOLLOWING OFFENSES JCS ' • • ,,„zi'L�?4;i segi!z d.IR I�?li� th it/HI0 ,0311 2.pOC✓cC T �' 1�1�dDLD( OP :. y};; v Lpi yJ © BAIL �- MANDATORY if U.S. FUNDS$ APPEARANCE MO. DY. YR. TIME AM. RELATED/ DATE ISSUED, DATE I P.M. WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY LIVER PENALTY OF PERA/IY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S),I PROMISE TO ISSUED INS ON TEE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE • THE ABOVE RUED PERSDN CDIYTTED 1HE ABOVE OFFENSEISI.AND MY REPORT WROTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACX OF TNS COWMEN!IS TRUE AND CORRECT. y �/�' ^ X -ug�„i i •-an-- L/cicu e, / . / , •-L/ \ /13 DEFENDANTS SIGNATURE • iii 3 COMPLAINT I CITATION . A CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE CD 1 G NG G NG D BF S $ $ ABS.MLD TO OLY • 2 G NG G NG D BF $ $ $ TO SERVE ce OTHER COSTS$ WITH DAYS SUSP. • RECOMMENDED NONEXTENSION LICENSE SUR• TOTAL CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS$ — MOPS ING cowry T°"' WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 — KNG COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY L__.XINC C011HTY POLICE WASHINGTON.UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 _ . • • • 1 • 1 - -- r — --- 1-Fi-Teir RE.PfYr • 1' I • Gifiv 6vaRet2N-- 6 41. 4- • . 144,05L 411. 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' . . .. - , . , CASE NUMBER Pogo I of 2 OFFICERS REPORT KING COUNTY POLICE 95-198477 ATEFCR NUMBER DISTRICT °A� VICE CONTROL UNIT 06/22/95 16:11 655-0-0 SUBJECT 9 TO case flle direct dance violation': 1 On 06-21-95 at about 2025 hours I went to the Deja Vu club located at 31656 Pacific Hwy. So. in the City of Federal Way. The purpose of the visit was to conduct an undercover inspection of the .business. I paid the five dollar cover charge and took a seat along the South wall of the club. I sat there for about 7-80minutes before I was approached by a white female dancer who I!_knew from a Drevious contact (see case # 95-100447) to be : uses the stage name of Dna. Dana was wearing a bright yellow or green florescent type one piece suit. The bottom had a small v in the front with about a half inch string in the back between her buttocks. The suit had.two straps about two inches wide in the front that covered her nipple and areola area. The string then went around her neck. Dana has light brown hair. ! Her hair was curly as apposed to being straight on my last contact.f She sat down next to me and asked if I would like a dance. I said yes and she said lets go back to the corner. I followed her to a couch in the South East corner of the club. She introduced herself! as Dana. She said that she had recently returned from working at the Deja Vu in Las Vegas. She told me she has been working as a dancer .for a year or so. The next song started and she asked if a twenty dollar dance was al right. I told her yes. Dana began the dance by facing me and leaning forward and with her hands she pulled the straps of her dress to the side exposing both her nipple and areola area of both breasts to me. She took her right hand and began to rub my genital area on the outside of my pants. Dana moved to the side of me and slid across my, genital area with her breasts and vaginal area. Dana then pulled the string of her bottom to the side exposing her vaginal and anal area to me. Dana straddled my legs facing towards me and began to grind her vaginal area into my genital! area. Dana then turned around with her back to me and laid back on me.with her buttocks in my genital area, and her head on my shoulder. She then began to grind her buttocks against my genitals. She then pulled the strings covering her nipple and areola region straight out in front of her exposing both of them. Dana continued to', lightly rub my penis with her hand on the outside of my clothes off and on throughout the dance. She alternated amongst these types of activities until the end of the song. At the conclusion of the song she asked if I would like another dance? I asked heriif the thirty dollar dances were any better? She said they are more intimate. I said if they are any more intimate than that dance I had better put a condom on or I will have a big wet spot on my pants.! Dana said o.k. I asked her where I should meet her and she said upstairs in the back darkest corner. I told her I would follow her upstairs and then go to the bathroom. Dana led me upstairs and walked to a booth in the North East corner however, it was already occupied. She then said lets go to another corner. She sat down at a corner couch located upstairs along the North wall. I told her I was going to • the bathroom and she said she would be waiting for me. I asked Dana if she did anything outside the club. She told me she does extras in the club but not outside. She went on to say she does not "fuck 1 SIGNATURE OF REPORTING OFFICER I����IUNIT12� ISUPERNSOR REVIEWING ICOPYPoCHT O CTW RESEARCH INC. SEATRE.WA REV 12/tse Ea 1 I I i • 1 • CASE NUMBER Page 2 of 2 OFFICERS REPORT KING COUNTY POLICE 95-198477 FCR NUMBER DISTRICT DAB VICE CONTROL UNIT 655-H-0 06/22/95 16:11 SUBJECT case file direct dance violation - -- guys, suck their dicks, or let them lick her pussy" . She also said she could do either a one thirty dollar dance or three for sixty • dollars. I told her lets see how the first one goes and I went to the bathroom. I waited in the bathroom for several minutes and then returned to the couch where she was waiting. Dana began the second dance by rubbing my penis area with her right hand. She leaned forward and pulled her strings covering her breasts to the side and placed her bare breasts into my face. Dana began to grind her vaginal area into my penis with great force. At one point she asked me if she was rubbing to hard? I said no and she continued. Dana then went to the side of me and while sliding across me she continued rubbing my penis with her hand. Dana then pulled the strap covering her vaginal and anal area to the side exposing both to me. Dana looked up and said "oh shit, there' s the manager" . At this point the dance changed dramatically with her only making brief contact with my penis until the manager left the area. Up until that time she had stayed in constant contact with my genital area with either her hand, buttocks or vaginal area. After the manager left the area she went back to grinding my penis with her genital area until the dance was over. The second dance was different than the first dance in the amount of contact with my penis and the force she used in touching my penis. I paid her the thirty dollars. Dana said she did not want to do another dance in that area and that she would come back to me later. I left the club at 2125 hours and after contacting other members of the King County Vice Unit I went to af Kingm eCountyrVice Office and confirmed Dana' s true name as y Entertainers license #037. S as cited into Federal Way Court for prostitution and Standards of Conduct violations. . -)_4---- d( . 709 SIGNATURE OF REPORTING OFFICER 'NUMBER ��. SUPERVISOR REVIEWING COPIES TO E.LC,�-s, sr rJ CE A 1UNIT 263 I 1 I 'COPYRIGHT O CTW RESEARCH INC. SEATTLE.WA REV 12/89 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OFFWASHINGTON FEDERAL WAY DIVISION 2 CP25070FW CITY OF FEDERAL WAY, NO. 3 Plaintiff; AMENDED COMPLAINT 4 vs. 5I 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County Washington, 11 on or about 06/30/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed the areola of 14 breast and vagenal area contrary to Federal Way Criminal Code 6- 238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21 1 17 and/or a $1,000 fine. 18 19 Date 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 28I FEDERAL WAY CIITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 1k 2 3 IN THE KING COUNTY DISTRICT COURT DIVISION OR THE STATE OF WASHINGTO N FEDERAL WAY 5 CITY OF FEDERAL WAY, ) ) NO. CP25070FW ) AMENDED COMPLAINT 6 .I Plaintiff, ) 7 vs. ) COUNT II ) 8 I ) 9 Defendant. ) ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in a - mhe authorit of the otof Prostituti e of Washington, bon, do theaccusea above-named defendant the crime 12 committed as follows: That the defendant, in Federal Way, King County, Washington, 13 engage in or on or about 06/30/95, did intentionally offer or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact 1th genital to Federal WayaCriminallrty Code 6a contrary 15 00/100 ($30.00) Dollars, 239 (a) (1) , and .against the peace and dignity of the State of 16 Washington. Paul D. Wohl 17 Maximum Penalty: prosecuting Attorney Misisdeemeanor 18 90 days in jail WSgpl �2 51 and/or 19 a $1,000 fine. 20 Date: 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe,, that the defendant committed the offense, contrary to law. 24 25 26 27 I l 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 CRIMINAL MI TRAFFIC ►A NON-TRAFFIC Q a/08W IN THE 0 WASHINGTON MUNICIPAL COURT OF FLD WRY �1 P2 5070 (�KING COUNTY, GWlN ❑STATE OF .PLAINTIFF VS.NAMED DEFEND `/ COUNTY OF KING. I CITY/TOWN OF F MI W A kii COURT NO. ' HOC LE.A.NO. 2-17-000 THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON ' DRIVER'S LICEN.SF Nn - STATE EXPIRES _ID NO.ISSN d rl l I i LIA I I IAL • IF NEW ADDRESS • EMPLOYER - I HAIR RFGIflF IAA~INF NA . I 1 • VIOLATION DATE MONTH DAY YEAR TIME �)3j ❑ INTERPRETER ON OR ABOUT O .30 5 s 24 HOUR —L K S— M.P. CITY/COUNTY OF AT LOCATION . Ft✓�EVA k W ASJ 31�aSG, P•N•S• DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE I MODEL STYLE ICOLOR TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TRAILER S2 LICENSE NO. STATE I EXPIRES ITR.YR. STATE 21P CODE OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CT' i El FARM El FIRE ` • ACCIDENT BAC COMMERCIAL 0 YES NO NR R I F READING VEHICLE ❑ NO I HAZARD 0 YES PLACARD ❑NO I EXEMPT VEHICLE ❑R.V. ❑OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE ' DWI, " CS a38• I 5 ANO A2os of Comoacr uc-o�• J .. S' iUOT S o i Q&k7&cC . ti 2.VIOLATION/STATUTE CODE �I 1•., )li:fit jj lliaa ? • i PIA)0 •239 0V0 PeosrC1'urE k l i I .Sri 061 ecTV =7258 . BAIL 0•T2 MANDATORY 6�• I. 0 U.S. FUNDS$ APPEARANCE MO. I DY. I YR. ITIME AN, RELATED/ DATE ISSUED �� , DATE P.M. 07 G A^�•cf►� WITHOUT ADMITTING HAVING COMMITTED EACH !CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS Mlle DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE . TIE ABOVE NAKED PERSON COINGTIED THE ABOVE OFFENSEISI.RAND MY REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK O IS ENT IS TRUE CORRECT. I X DJU SrLZ4r J DFF1 I"D , / 1 0776,3 0OF ER I 13 . DEFENDANTS SIGNATURE I ^' COMPLAINT/CITATIO �Ia'. CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE Q ABS.MLD TO OLY I G NG G NG D BF S S S .� 0 2 G NG G NG D BF $ - $ S TO SERVE OTHER COSTS$ WITH DAYS SUSP. `2 RECOMMENDED NONEXTENSION LICENSE SUR• TOTAL CIREDIT/TIME SVD '11 "'OF SUSPENSION RENDER DATE COSTS$ KCDPSGI53eat WASHINGTON UNIFORM COURT DOCKET-COURT COPY August i994 KING COUHTY POLICE . IONGCOuNTYPOUCE' WASHINGTON UNIFORM COURT DOCKET-DOL COPY - _ la&Ai Y KiPOLCE. WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 • 1 • • OFFICER REPORT .70 eF. ri4L: Ca-T.? otr U72134. CA.111 blsO exPo4E PAATS F7..„H_VZ Ak.)47tois, Oat--0144 OF ASi ,cub UAGiv44L... .114eztria)-ro_ . Rlo 'bv,itcmG. A Caucci bgce " . ... Akst CrFeket AN° _02 AGae.6!..0:_ . I A Pee- Cto.00 4-416 40 r&731_, - ! .cta anaPoRArk71) ‘i .40,10;imiiogiatwookil siT HET 1 LIGHT • Rr: .G Sr. C I ; CSK I I''.71.r7E.0—7 .0FF,.._ _ssrlig.grrr. " CI.40 POite • • - • i -I . . • • • G ^°^uauo^ KingCounty Police s,-,a, o , �,t1 , p Statemem to L?3SS rsWitsStatement Continuation/StatemenVO.R.� ; Q G •30.15 ❑ Officers Report Residence Phone Business Phone I Q 'Name(Last.First.Middle)) mEs P % 75 3S ' j0 .�O1} rA City State .Zip Occupation Rau x DOS Residence Address S e Ar M.EW A 9840`1 I ben 51W 3` A<St; Se FUi To I I)Oat: I PRo3T• A22t,Sr AT tbeiAVu ()v o6• 3o•gc Ar APP rts5.4 . ;7,240 urns r . 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(o,JFMir r7Je- I BA) rA-rileNA " A47- co'33 ••/JPJ. %1 n1O?UA" NA �R) «P GCr C/Ja/16 CZ) cosi-unnv1 A-NI r iX 7) MG' L 0 Wcr1J 14-/7i&VA" .L71 'L0 - t'JL•rl/ A 6•o•E . of I tort-2 r`.G ri , M S -C J _Fo 2 P2_osrr rurca 0 A•�1.D . S 0 A.c c p F Ci ucr t c�-o,� rzflil r'Jr4 Pi . �)A S� uuC. Cot[2T. Otticsrfs)!Wooing n al No. Unit pervisr r reviewing Da» Copies to cu.+.rd / LK r 0.77(;3 o2(c y K 102B) 1A1 // Page [Ye 13 1 IN THE KING COUNTY DISTRICT COURT WAY FOR HE STATE OF WASHINGTON FERERAL ON 2 NO. CP25053FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 � vs. Si 6 ' Defendant. 7 I 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the ccrcrime etof Vi Violations ion f Adult Entertainment--Location Restricted, 10 KingCounty, Washington, That the defendant, in Federal Way, 11 on or about 05/26/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed the areola of 14 one breast and her vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of 5 Washington. 16 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecutin Attorney 17 90 days in jail WSBA #21 and/or 18 a $1,000 fine. 19 Date: 20 The above-signed Prosecutor does certify, under penalty of 21 perjury, that he/she has reasonable grounds to believe, and does believe, that the defendant committed the offense, contrary to 22 law. 23 24 25 26 27 i .,. a. IFEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 - (206) 661-4027 1 2 n 3 IN THE KING COUNTY DISTRICWAY DIVISION E STATE OF WASHINGTON 4 . FEDERAL 5 CITY OF FEDERAL WAY, ) NO. CP25053FW) 6 Plaintiff, ) AMENDED COMPLAINT' ) ) COUNT II 7 vs. ) 81 _ ) 9 I Defendant. ) ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 1 1 13 That the defendant, in Federal Way, King County, Washington, on or about 05/26/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Twenty and 15 00/100 ($20.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of .the State of 16 Washington. 17 Maximum Penalty: • Paul D. Wohl Misdemeanor. Prosecuting Attorne 18 90 days in jail WSBA #2 5 and/or 19 a $1,000 fine. 20 Date: 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 28I FEDERAL WAY CITY PROSECUTOR ,', AMENDED COMPLAINT 33530 Fiirst Way South - Federal Way, IWA 98003-5006 (206) 661-4031 CRIMINAL II TRAFFIC 0 NON-TRAFFIC 9 4J • 1 44 7a O • KING COUNTY,WASHINGTON IN THE 0 DISTRICT T .MUNICIPAL COURTED C P2 5 0 5 3 W ❑STATE OF WASHINGTON .PLAINTIFF VS.NAMED DEFENDANT ❑R COUNTY OF KING l •Iry CITY/TOWN OF r�IDt• .AL W MY COURT NO. • . NCIC LEA NO. 2-17-000 \ THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGT N ` nRIVFR•S LICENSE NO. I STATE I EXPIRES I - -- W INI 0 IF NEW ADDRESS �ElbLTAvu.. C F.W• . 1 DAY YEAR TIME r ❑ INTERPRETER VIOLATION DATE Co (�S 24 HOUR / W O C ON OR ABOUT Q 1 CITY/COUNTY OF AT LOCATION M.P. Ftr�L'TL4L WAY 3 1to SRO p.N•S. DID OPERATE THE FOLLOWING VEHICLEIMOTOR VEHICLE ON A PUBLIC HIGHWAY AND • VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MARE 'MODEL STYLE 'COLOR TRAILER/1 UCENSE NO. STATE EXPIRES TR.YR. TRAILER 42 LICENSE NO. STATE I EXPIRES ITR.YR. OWNEFVCOMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT BAC I COMMERCIAL 0 YES I HAZARD 0 YES I EXEMPT 0 FARM ❑FIRE ›,40 HR R I F NGVEHICLE ❑ NO PLACARD ❑NO VEHICLE ❑R.V. ❑OTHER DIDID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATIOWSTATUTE CODE FWo 6•a3SCA')a) 12osrcrurco►J • SrAe NoraS C54.1 Qellta?AS6 . 2.VIOLATION/STATUTE CODE c (I M�a g2oS nF CO Nk)� ' grmi •7i511tlIN�I!! 1?t?11i47?p H ("j F11d4?�? 4ir11 F W O (O•�3 6 1 S I S elf Vry BAIL Ca cS' ,f,0 / O•Z MANDATORY U.S.FUNDS$ /'� RELATED I DATE ISSUED APPEARANCE I MO. ' DV, I YR 'TIME A.M. ®�a4•yS • DATE P.M. v WITHOUT ADMITTING HAVING COMMITTED EACH I ISSUEDUNDERSTME PENALTY AT LOCATIONR THE O WS ATE STATE PROBABLE CAUSE TO THATBELIEVE OF THE ABOVE OFFENSE(S),I PROMISE TO NE ABOVE NAMED PERSON COLWRTED THE ABOVE OFFENSES).AND MY REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACX OF THIS OCCIAlENr Is TgNE AND CT. '1 04 �~ OFFIC 11f/�J I 0 a X So U •r�1x OFF C A 7� DEFENDANTS SIGNATURE • r.,j, C PLAINT/CITATION 01 rz FIND/JUDG DATE CRG PLEA CNG FINDINGS FINE SUSPENDED- SUB•707AL ,`^� S ABS.MLD TO OLY 4� 1 G NG G NG D BF S S u 0 2 G NG G NG D BF $ $ $ TO SERVE �SI c�i OTHER COSTS$ WITH DAYS SUSP. 40 yLICENSE SUR• TOTAL CREDIT/TIME SVD • m RECOMMENDED NONEXTENSION (RENDER DATE (COSTS S �OF SUSPENSION PO C (COPS C-1578 WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 CJ KING COUNTY POLICE KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY KING COUNTY POLICE WASHINGTON UNIFORM QOURT DOCKET-DEFENDANT COPY - August 1994 I I -=_-----.---- , OFFICER REPORT --1 •I • - \ b EF. sp.) i--en) ezga. 03..fly,_...pcom6 cothA.11 us. 1 ) .; 0 _ _ P.ocsff_ A a 3 . 0 F. _Win AM AI 1131v1Y rw._i __813 NI w.r. mil. az rne Lao mbrior ,i P bttr/c/SCALLV • . HIM kJ&fit 61.3_41-___Ed9-tfl.;___AV 0 . ._A 2 CM LIR OF 0.4_4.71 • • I . c5F ihnilL B ae1-• • aic jjo46tz _-7 .: rt..) a t,rXU.Rt. 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AR li • n Is ■ : N6 A No ilia - .u..R•y • attCN• U. . a • tka r • 4 :2 . a I : / p . . w' 3 •• v� • r + 0 .00 c li S S . i era. [• To r. V P _ el, 9 •t4 a• a% r ii SA tr .G S : _ • l. 01.1 G]' o ■, cu (AA •M ,4 T t,-�, Ord' a w• Dr o • PPeb , � 0 IfYI1U • _ ON m � �/: '•� t at A� • kA r r ' .. 4' Nra tm. ■ 61.M rC nri�•1 MID tr N . 4141720 ■ ►, a' cat at ■ IT. W. •,. NIG01..Ay ►�0 go F. L3oa •_ . • n4 .i� \. ., - -tJ 4 b tllZ + `'ril • , r . 0 ' r EN ��� -1Jrt12-. • 6t3 t S• c MG a... r i �_ - . '3 _NO4c •0 ; �tJSPG f<. . s L 3 u rti _ 1"- rn�2. AS • - _aC tn�w • _e _ - . . a• L K .. PH ANO S -• t tr"1JS�1- • Oro 2. P Robrcru. IL. AN O .N t. �. 1 a cTco GrLt• -. : • gr.`v, al% A. a. .ro • ` • 14 ni IIIII . I L nal No. Unit No. per,,or nvie•nnp Date Copies o I. r(�reporting i ' 07763 e2 G 9 Page I?�ct i - .- -` lJ kg' *loam wet • � \ 1 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION j 2 j CITY OF FEDERAL WAY, NO. CP25067FW 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of i Violation of Adult Entertainment--Location Restricted, committed as follows: 10That the defendant, in Federal Way, King County, Washington, 11 on or about 06/21/95, failed to remain on a stage or 'other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a: public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breasts and 14 i vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 ! Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21251 17 and/or a $1,000 fine. 18 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 ! • 23 ; 24 25 26i 27 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, IWA 98003-5006 (206) 661-4027 1 2 3 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 ; FEDERAL WAY DIVISION 5 1 CITY OF FEDERAL WAY, ) NO. CP25067FW ) 6 Plaintiff, ) AMENDED COMPLAINT 7L vs. ) COUNT II ) 8 I ) 9 Defendant. ) ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 06/21/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Thirty-five 5 and 00/100 ($35.00) Dollars, contrary to Federal Way Criminal Code 6-239(a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attor -y 18 90 days in jail WSBA #212 and/or 19 a $1,000 fine. • ' • 20 Date: I 3 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 )8I FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 . 1 'CRIMINAL 1111 TRAFFIC 0 NON-TRAFFIC SS•/58'1 73 El STATE O❑F DISTRICT TON14 MUPLAIPTTIAFF VS L COURT NAMED OF E�DEFENDANi ❑COUNTYOFKING C■KI 2 w WAF KING COUNTY,WASHINGTON 5067 F I QI CITY/TOWN OF 7-t�. W Fl Y LE.A. COURT NO. c NO. 2-17-000 I S THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON • I STATE I E7(PpIRES ID NO ISSN d MA t.-- • . 1 I ❑ IF NEW ADDRESS • EMPLOYER .. • vu '1 _•YES HAIR]RESIDENTIAL PHONE NO. .. VIOLATION DATE MONTH DAY �IYEAR TIME 0 INTERPRETER .N OR ABOUT G(o 1 S. HDUR oso AT LOCATION M.P. CRY/COUNTY OF 31�5(o P.O.S• Fc-1302AL 1 Li ' wo < DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGNWAY ANC/ • VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE (MODEL STYLE I COLOR TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TRAILER/2 UCENSE NO. STATE I EXPIRES ITR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY I STATE ZIP CODE ACCIDENT SAC COMMERCIAL 0 YES HAZARD 0 YES EXEMPT ❑i FARM 0 FIRE >NO NR R I F I READING I VEHICLE ❑ NO I PLACARD ❑NO I VEHICLE ❑I R.V. ❑OTHER • DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES; I.vlGunowsTATurE CODE I .N 1 Q 20 ti o.N.. • FEa3 C s ra.104nas 05 cantoucr) - I • 5 = mor S ON (Ztz1 tc '7 ��}} 2.VIOLATION/STATUTE CODE t31iu;HLT ' q ii tl iii jil tlN+sihjlt lflh3"u.r.isl. FUR)&'a/S4o)lz 0aoSri T■s1�z� ' sec- IVCS C&J eet/J./cc)L' BAIL (aS •f4C) C).a MANDATORY, U.S.FUNDS IS APPEARANCE MO. DV. YR. TIME A.M. RELATED/ DATE 0ISS EDII.ci J . DATE P.M. . WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY MS RPE A Y MUER Ile LAWS OF T THE L S ABOVE,TMTE STAEp STATE FWNSA CAUSENGTON TO THAT T I HAVE AVE OF THE ABOVE OFFENSE(S).I PROMISE TO THE NAMED. ... .'THE ABOVE OFFENSE(S)..NE MYI REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. THs'' �1/y~ � , /a ,S TO X ()U / C:6Ara:-Y OFFICER / V DEFENDANT'S SIGNATURE • - • 3) COMPLAINT/CITATION 1^�! 19 CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE • 1 G NG G'NG D BF $ $ $ ABS.MO TO OLY On 0 2 G NG G NG D BF S $ $ TO SERVE i OTHER COSTS$ WITH DAYS SUSP. • _� ! RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS$ I COUNTYa KING WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POUCE WASHINGTON UNIFORM COURT DOCKET-DOL COPY LKBLGCOUNTYPOLICE. WASHINGTON UNIFORM COURT DOCKET-.DEFENDANT COPY August 1994 ( 1OFFICER RFT.OR " • • • • •..„: -• • • " "I . I Ek.Pose PAtarS•'OF" 1402_ _A144179.!.tc511 ticfrz_ 13.1_43-148r . u AGmAL AaciA .Cauca bluccr. _ F. ALSO oFrovea A144 012.. AG ate.° 13' C14#046t7 zexuAi.... cow rAcr Fara wtert4e1 • u007.1.4 .Cf.sex• Z_tre" gritarEweN16 ANO. ()COM RAM_ wer gritrunievr. Arnr a, P4J6' • zi.)c_cinkanArct it%? RAI"' . • • • • •.! • 41.100).40.6.010.44140001.50 . ' * STREET LIGHT • - % DWI' S I DSK DK • PhONE -- e AP/40G MA ACC4.014- Cberi age-Ara Ai /-- S7ATE ZIP 3" A-dC Scwn .c401 98/03Y f" - STA:E 6, , . $651?3 • 7;• • • • • •• • • "• ••• ;•:' • i ■ antiquation --•_ _ tatement Km County ncident Number _ • Er 0 9 Police 9 ; 5 _ 1 s 8 •fflcers Witness Statement _• ears Report ContinuatioNStatemont/O.R. 16/21/95 Bate ime © ame,(Last,First,Middle) "320 DETECTIVE C.R. CLARK Business Phc esidence Address City 05-7815 .16 3RD AVENUE State LP I •ccupation Race Sex SEATTLE WA 98104 DETECTIVE illMilHiliMIIIIIIIII'ub)ectl . RREST DEJAVU DANCING ESTABLISHMENT ON 6/21/95, DET HENTEL AND I ENTERED THE DEJAVU 'DANCING ESTABLISH APPROXIMATELY 2020 HRS. THE DEJAVU IS LOCATED AT SOL 316TH AND P.H.S. WE REQUESTED TO CONDUCT AN UNDERCQVER VICE INVESTIGATION, ALONG WITH SEVERAL 0', VICE DETECTIVES. SEE MY CASE 95-1 9 482 FOR THE FIRST DANCER THAT I HAD CONTACT L AND THE ENSUING INVESTIGATION. FROM THAT INVESTIGATION, I WAS LOCATED IN THE AREA, IN THE UPPER AREA OF THE DEJAVU. ATTHE CONCLUSION OF THAT INVESTIGATION, 14 APPROACHED BY A FEMALE, IDENTIFED TO ME AS "SARENA WHO ASKED IF PURHASE A TABLE DANCE. "SARENA"WAS DESCRIBED AS A WHITE FEMALE, APPROX MATE D YOA,APPROXIMATELY 5'05", 11 5#, BLACK HAIR AND WEARING A BIKINI.TOP AND BOTTOM Vi, VERY BRIGHT FLORAL PRINT. I STATED THAT I WOULD LIKE TO DO SiO,AFTER TELLING THE FEM, THAT I WOULD PURCHASE A $30.00 TABLE DANCE. UPON THE START OF A NEW SONG, - FEMALE GOT UP ON THE COUCH AND STRADDLED MY LAP AREA BY PLACING HER KNEES ON - COUCH ON EITHER SIDE OF MY LEGS. SHE BEGAN BY GYRATING HER GROIN AREA IN MY GR+ AREA WITH A GREAT DEGREE OF FORCE. SHE WOULD DO THIS FOR SEVERAL SECONDS AND TI- WOULD TURN AROUND AND WOULD STAND ON THE FLOOR AND WOULD STRADDLE MY LEGS A WOULD ONCE AGAIN GRIND HER GROIN AREA INTO MY GROIN AREA, WHILE FACING AWAY FR( ME. SHE WOULD THEN GET UP ON THE COUCH AND WOULD STAND WITH A LEG ON EITHER S OF ME AND WOULD PUT HER VAGINAL AREA WITHIN SEVERAL INCHES OF MY FACE AND, GYRATING, WOULD PULL ASIDE HER BOTTOM TO EXPOSE HER VAGINAL AREA TO ME. "SA EN WOULD THEN, WHILE STANDING ON THE COUCH AND STRADDLING MY LEGS, TURN TO FA( AWAY. SHE WOULD THEN BEND OVER AT HER WAIST AND WOULD,PUT HER BUTTOCKNAGINI AREA-NEAR MY FACE AND WOULD PULL ASIDE HER BOTTOM TO ,REVEAL HER VAGINAL ARE AGAIN. THIS SERIES OF MOTIONS CONTINUED UNTIL THE COMPLETION OF THE DANCE. SF WOULD ALSO PULL DOWN HER TOP TO EXPOSE HER BREAST, INCLUDING HER AREOLA. "SAREN/ THEN ASKED ME IF I WISHED FOR ANOTHER TABLE DANCE. I STATED THAT I WAS SEXUALL EXCITED AND WISHED TO MEET HER AFTER WORK FOR SEX. SHE REPLIED THAT SHE WOULD NC DO THAT. I THEN STATED THAT, DUE TO MY SEXUAL EXCITEMENT, IT FEARED EJACULATIO DURING ANY DANCES AND WOULD LIKE TO PLACE A CONDOM ON. SARENA STATED THAT WOUL BE ALL RIGHT AND I STATED THAT I WOULD GO TO THE BATHROOM TO DO SO. "SARENA" STATE THAT I SHOULD BE SURE TO RETURN. I LEFT MY COUCH AREA FOR SEVERAL MINUTES AM WALKED DOWNSTAIRS TO TAKE SEVERAL MINUTES BEFORE RETURNING UPSTAIRS. MY COUCE WAS TAKEN BY ANOTHER CUSTOMER SO I WAS DIRECTED TO A COUCH AT THE NORTH END Of THE UPPER AREA,TO ANOTHER COUCH. I SAT ON THE COUCH AND ONCE AGAIN "SARENA" BEGAT` TO DANCE FOR ME. SHE WOULD DO ALL THE ACTIONS AS DESCRIBED IN THE FIRST DANCE WITI- THE EXCEPTION THAT SHE PLACED HER BARE BREAST INTO MY FACE AND INTO MY MOUTH.ALSO, WHILE SHE WOULD TURN AWAY FROM ME AND BEND OVER AT HER WAIST AND PULL ASIDE HER BATHING SUIT BOTTOM TO EXPOSE HER VAGINAL AREA,SHE WOULD PUT HER FINGERS INSIDE HER VAGINAL AREA. THIS OCURRED AT LEAST 3-4 TIMES. AT THE CONCLUSION OF THE DANCE, SHE ASKED IF I WISHED FOR ANOTHER DANCE AND I REPLIED THAT I DID NOT. SHE COMMENTED ON • cer s -eporting ena `o. Inn •o. l ._DETECTIVE C.R. CLARK 01315 •_ : " op,es to - { 206 • CRC 6/21/95 '^,^e�,, iRIGIN Page III of 1 1 1 1 • • 95-19g482 • Page[I]offf • A MY ERECT PENIS AND STATED HOW NICE IT WAS. ASKED SO THAT MOWED HER S70 OO. I HER P ND HER D SHE STATED THAT BOTH DANCES WERE 535.00 DANCES, AND LEFT THE ESTABLISHMENT SHORTLY THEREAFTER. RENAO AND H VICE. R DESCR PTION ACROSS THE STREET AND GAVE THEM THE STAGE NAME OF SA DE THEY RETURNED WITH A PHOTOGRAPH AND IDPOSITIVELY IFICTIIENTION OFIED THE PHOTO AS THE DANCER 5'04", 105#, BRO, HAZ, SS# "SARENA" WHOM I HAD DO TWO TABLt DANCES FOR ME, AS DESCRIBED ABOVE. • • • • Q 1G^ P 1 IN. THE KING COUNTY DIFSTDREI� A T FOR YD VIS THE STATE OF iWASHINGTON 2 CITY OF FEDERAL WAY, NO. CP25181FW 3 Plaintiff, AMENDED COMPLAINT 4f vs. 5 ! IE 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State ofl Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County,IWashington, 11 on or about 07/12/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and lat least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney j 90 days in ail WSBA #21251 17 and/or a $1,000 fine. 18 I 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, lcontrary to law. 22 23 24 25 26 27 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 Fist Way South Federal Way, WA 98003-5006 (206) 661-4027 • 1 . t 9.' 2 3 IN THE KING COUNTY DISTRICT FEDERAL WAY DIVISION STATE OF WASHINGTON 4 " 5 CITY OF FEDERAL WAY, )) NO. CP25181FW Plaintiff, ) AMENDED COMPLAINT 6 ) COUNT II 7 , vs. ) 8 ) 9 Defendant. Attorney for the City of Federal 10 I� Paul D. Wohl, Prosecuting of the State of Washington, 11 � Way, in the name and by the authority . do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: ton, That the defendant, in Federal Way, King County, Washing 13 did intentionally offer or engage in or on or about 07/�5� person for a fee 14 agree to engage in sexual activity with another are for Twenty and or hire, to-wit: make contact with g 15 00/100 ($20.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 16 Washington. Paul D. Wohl 17 Maximum Penalty: prosecuting Attorne Misdemeanor WSBA #2 51 18 90 days in jail and/or 19 a $1,000 .fine. 20 Date 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 ' _28I FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 i • ,.;• \�3.. 4;p -T )+i• 0,, 41i:Li.::T;•. - NON-TRAFFIC : ',,.;� ::. ':,;g'r. r,r <;-..:•.'..• .•4.•�- ., . . CRIMINAL TRAFFIC S/S• 2 2.4 3/O IN THE ❑DISTRICT WA MUNICIPAL COURT OF F-W- • KING COUNTY.WASHINGTON STATE OF WASHINGTON :.PLAINTIFF VS.NAMED DEFENDANT COUNTY OF KING I C P2 5181 If cci CITY/TOWN OF FeomILA L UJ A4 . NCO , • 2-17-000 COURT NO. • • . THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON • DRIVER'S LICENSE NO. I STATE 'EXPIRES ; P. '•.."-r... , .':. Sit C;f y?l;•! ' . ...al-CYj, • I 0 IF NEW ADDRESS r .; •-.•'''.!...:••;'•4;....:•••,• 'EMPLOYER ' ...':•i t.44'!11.-.�.+: .. . :4341:'': ',N '�;:.^'• HIANL�RESHOB+TIM Punter bin 'q,M.I I I`/y ,._ !•'•1�'', + . w,/:` • . l tl:¢,,.h a • ^n1,1':'v.j•:.Ni'•• ViOLATIDN DATE MONTH DAY YEAR TYE ' 0 NTERPRETER . ..,,.-.: 67 IN� 93 SS • ;.,' ;:•A.!'irli-:: . / ON OR ABOUT ..'cup , � `;i''I^;::•.: / AT LOCATMON M.P. 'CTTYICOUNTY OF .......... ....• ,.t Z3%( `n •P.it.S , F�-n►FRAL W A�' .:• •01::,,,;;••;• u• DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND .t. • -Ydr :; vE19CLE LICENSE NO. •STATE EMPIRES VEIL YR. MAKE MODEL STYLE COLOR i-' TRAL.ER El LICENSE NO. STATE EXPIRES TA YR. TRAILER 02 LICENSE NO. STATE EIS TA YR. . •, , OWNE(COMPANY IF OTHER THAN DRIVER ADDRESS 'CITY STATE ZIP CODE ACCIDENT BAC COAIALENCIAL 0 YES Fovea 0 YES EXEIaFT 0 FARM 0 FIRE • . NO NA R I F READING VEHICLE 0 NO PLACJUID 0 NO LVENICLE 0 R.V. 0 OTFA DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES • •:•-'' •• I. VIOLATION/STATUTE VIOLATIO/ST CODE ••''2, ,��.H� 5.9i4 :Hy n�a14N � fw0 G 3 a' SoF c�NOu r - ;� y: . : : . • t .. , S 00 KI:V�2S(' X.VIOLATION/STATUTE CODE 44?,4 l : , A . F '. .� • •' Sry YH' ° � ' MIL • •.•- ' • ( 514.0O a • MANDATORy U.S.FUNDS$ • •' .::..:•.. APPEARANCE MO. Dr. YR TIME A.N. RELATED I I V DATE/ISSUED .•�:,%•:....,.. DATE P.M. R . of• I S .. • WITHOUT ADMITTING HAVING COMMITTED EACH 'CERTIFY WWI PENALTY OF PERJURY IMERG E CAWS OF THE STATE OF WASIGIOTCN TINT HAVE OF THE ABOVE OFFENSE'S).I PROMISE TO SEJED All ON TIE DATE AND AT THE LOCATION ABOVE THAT I NAVE PROOAEE CAUSE TO WSIEVE THE A90.Y NMED PERSON CDWTTED THE ADDYE ORTIEEISI.NO MY REPORT WITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK• THS MOMENT;j uE AND CT• . oFFI/ 077f'3 S • X zNv��rc�a14rao�S 0wJ R C DEFENDANTS SIGNATURE •• PLANT i CITATION r FIND/JUDGDATE c CRG PLEA CNG FINDINGS FINE SUSPENDED SUBTOTAL 1- I G NG G NG D BF S $ S I ABS.MLD TO OLY 1- 6 2 G NG G NG D BF S S S TO SERVE • OTHER COSTS S ! WITH DAYS SUSP. F Q RECOMMENDED NONEXTENSION LICENSE SUR- 'TOTAL; CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS;S• Ic KNIT L Y WASHINGTON UNIFORM COURT DOCKET-COURT COPY Auyue 1ta9 • ' MO COUNTY PCMCE WASHINGTON UNIFORM COOWPDOCKEr'-DOCLOPY— h .. • • . . • • i .4- •••• • :.....;;•.,,,,lazziry.r...,,..,.......„...„..vivv,.k."..prk.)....Y!'....I.d.)!!"N.Y.Mtill. • f••tfl.ilf.., .!,•••". ••!.••r••-.1..1.:.V''i ‘..• • .. ...'..41:.4 t:...i:.'...•,- - -. - - .....-,--- OFFICER REPORT, ... .: .•r••••1 -• , ..... ., • •• I ' ... ' ' . 1 • ..L, • 1-81- qa) . • •• • - • ' .. • • • .• , . . • N• . ' . . •. • 1.)E 141.E. 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Date IIrs,,. .� MMiows Witness StatementConti nuation/StatemenVO.R. 07• I.'�•4S l 1$S/c� O tars N.port 'Residence Phone !Business Phone -- , Nam.(Last,First.Middle) .? 6.7�35 � �, 210CnO u t3�, Tra m a� '� \ City State Zip tan Race x Do - 6. • ,=��t • Wi• Nog _I iPr F;l COVZS) AlI •via + To I CFF aii r: �rmr btect CA-St* Ir�� � apt - Q tJ o'7•lg. •9 S t,�_14 6'}„ts rat N C sLCTa�6 A N ue1A 1� t0-c� raoN of Deln=1 vu Ar R!('S-6 A/J-S. i7U Fri 872/k RV r dr (,UA•S CON n d1 O Sy A w9F w� o U£ O 114W,. WA 6 .. • fig QM7 cos ran , 4 wii ern'6nt6 I/ S /1 j3a�� " 6 A R e EIS " rVal" co rat scr wiTri4 IMP' (A ; ro Azle me t is A-11PTO A Am Ca 1.Q14_01.1T r tuAA d Mi A a.Qr/N I s to CO P.M 0 F rug �� • ar14613, .C. D Er1 jJ Z) srxs LPL 1� -Q.A2sr" wituatro Awns/. - . 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W r1`l4l r a ARB r ..• instill A S • II- . u f114 (a 11.0. Q. OF oG•04.YES . OFF. tiJa MAO •r.fF't;0 nee MGQ Ad lArrvasO J ,AkD3 CNMG ! ware A •o•$. OF 1o•a4• yG APJ(S- riNIE Oooa01/94 At : Rt+w6►1ffA2r, met.r4AEt (JU t,a-rtJ A . 4•o.g. of I Lc r' Q Cou F r~r2rv1 t"b g ARA C' St)E1JrLTV r RAM l•a'L E PIJom AS MS• _ A U 4 c E-nrcl 14 b-12 s • CU t3&rEZDA rt3t3 IJ , ct�ro F•w. Mumi Co-u,er 4:-d(2_ flemAR.Os OF Co1. OUcr t zi rii Ali Q )rZOSrert d l � I • • i I jmc.r(s) mooning Serial No. Unit SupervisorNo. Supsrvis reviewing Date Copies to KCY (C-1028) 1/91 Pape of r • 1 IN THE KING COUNTY D FED IERCT AL WAY DIVISION STATE OF WASHINGTON� 2 NO. Cp25068FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 6 . Defendant. 7 Paul D. Wohl, Prosecuting Attorney for the City of Federal 8 I, Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 06/21/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and stlace feet from the nearest patron, while appearing in a publicpc 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breasts, 14 vaginal area, and anal area contrary ando dignity Federal derl Way yofthe CrimSnal ode e 6-238, and against the peace ,5 Washington. 161 Maximum Penalty: Paul D. Wohlprosecuting .Attorney Misdemeanor 21251 17 90 days in jail WSBA # and/or 18 a $1,000 fine. /i /1,� 19 Date: L�'7� 20 Halt of The above-signed Prosecutor does certify, under Pe y 21 perjury, that he/she has reasonable grounds to believe, and does believe, that the defendant committed the offense, contrary 22 law. 23 24 25 26 27 L8I FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 . (206) 661-4027 1 I . I ' 1 2 3 IN THE KING COUNTY DISTRICT COURT FOR THEJ STATE OF WASHINGTON 4 FEDERAL 5 CITY OF FEDERAL WAY, ) NO. CP25068FW 6 Plaintiff, ) AMENDED COMPLAINT ) 7 vs. ) COUNT II I 8 4 ) 9 f Defendant. ) ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County Washington, on or about 06/21/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Twenty and 15 00/100 ($20.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 161 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attorne 18 90 days in jail WSBA #21 1 1 and/or 19 a $1,000 fine. 20 Date: r'`e I?5 21 i 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense,i contrary to law. 24 25 26 27 I 281 . FEDERAL WAY CITY PROSECUTOR \ AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 • CRIMINAL III TRAFFIC Ei NON-TRAFFIC gs• /S 9 y a 3 IN THE 0 DISTRICT S4 MUNICIPAL COURT OF veil WAY KING COUNTY.WASHINGTON A. I STATE OF COUNTY OF KING WASHINGTON PLAINTIFF VS.NAMED DEFENDANT C^2 5068 O68 F WI KCRY/TOWNOF FLU, L )A11 �+ MCC L.E.A.NO. 2-17-000 COURT NO. THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON DRIVERS LICENSE NO. I STATE I EXPIRES I ID.N[1 SSN II CVI wA • 1 -J4LIA. • • SI IF NEW ADDRESS - EMPLOYER . .aE,Avu C F•w 1 . HAIRnccinFPJTIAL PHONE NO. . I VIOLATION DATE MONTH DAY YEAR TIME ��S El INTERPRETER ON OR ABOUT D(o 07/ ' 9S T HOUR AT LOCATION M.P. CITY/COUNTY OF 31GS( AU-S • • FtFo• wAY we 1 • DID OPERATE THE FOLLOWING VEHICLEIMOTOR VEHICLE ON A PUBLIC HIGHWAY AND ` VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE MODEL STYLE COLOR • TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TRAILER/2 LICENSE NO. STATE EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT SAC COMMERCIAL ❑ YES HAZARD ❑YES EXEMPT ❑FARM 0 FIRE • NO NR R I F READING VEHICLE ❑ NO PLACARD ❑NO VEHICLE ❑R.V. ❑OTHER • DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES • 1.VIOLATION/STATUTE CODE is wo G•0/3K Is t•I r. artA. u at LA rt-o k1 C S ill..)o,a2os of coN 3ucr' 5 - - Nore'S or.1 aeu rzsc 2.VIOLATIOWSTATUTE CODE 40011.140000001004011A trWo 6• r 4It/ 1� r rcru rtz . -5 air NorCS O/V /2CZ1 L BAL 67 7.14.0 O• . MANDATORY U.S. FUNDS$ APPEARANCE MO. DY. YR. TIME AM. RELATED/ DATE ISSUED/�(; �j DATE - P.M. Ofn . 7• I S WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S),I PROMISE TO BSUED MG ON THE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TD BELIEVE THE ABOVE RIMED PERSON COJYETIEO THE YE OFFENSE(S).AND MY REPORT WRITTEN CN THE RESPOND AS DIRECTED ON THIS NOTICE. BACK OF TRUE AND X �:rwl-lrcrnrz�o►� R 0-77g4 C) DEFENDANT'S SIGNATURE OFFICER • TI COMPLAINT/CITATION S/ CRG PLEA CNG FINDINGS FINE SUSPENDED SUBTOTAL FIND/JUDG DATE ci 1 G NG G NG D BF S S jS ABS.MLD TO OLY 0 2 G NG G NG D BF $ $ IS TO SERVE OD • OTHER COSTS S WITH DAYS SUSP. 00 `M RECOMMENDED NONEXTENSION LICENSE SUR. TOTAL CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS S • E. MOPS COUrmYPOUCE WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 • ______Zi7.-F_ ___Abt.70.1_ Or 62727.67e44__ /”.4, •. oF /vee AutityomP, dbr . de.p9sr oz_pvigi.i_iticio Attick titeen'S (.4.445:ce 4oLzfUCI 1 .., k . ) A cocdcw . 444.<6-• ._iFpg 4)6.7- c6iputC,..., - 1 I beF. . /4(44-o. ._OF.)547.W.617 /4040 .42 itiG 24-044 IC' L-IX.COsiuGg" .__S-4-www-.___Comi74cr___&uizu 4(4-r cRictiC r 420.00). , cc ca-r: 6,14re4erivr A•ui. Uceri7() • • -_1_70..g._____AlalL_ G. M5 E- !FAIT ._ rlfclkiV Akio isNCORfaae.of 'ger.' 1 , • . . r 1 r '.".-..:•kerii4 1 ! : ; r TRAFFiC I VI. THEM STREET i LT LE D HV I . DI_ RN F.; SN D W :•?:! -I . 1 WITNESS NAUE'LAST.FiR.ST I.:Li • ADDRESS •- Cli V • .. • STATE ZIP . I 1 WITNEQS 1.4LIF,LAs r 1,;:4T- ,• . -....)?.i.1 . • I ADDRESS . - - ! DEr4T r :.:i;E:. _. . . . ..,.. , ...• , •. . • . • .... . • 0 Continuation King County Police ❑ Statement Dag '5 Officers Witness Statement ® - Continuation/Statement/O.R. 06-22-95 . 1640 Officers Report ame(Last,First,Middle) Residence Phone Business Phone dance Address City § State Zip 'Occupation Race Sex DOB To ia Subfect CASE FILE VDIRECT - I am a Detective with the King County Department of Public Safety currently assigned to provide technical support to the Criminal Intelligence Unit. My responsibilities include the operation and maintenance of the audio intercept and video recording equipment assigned to this unit. On 06-15-95, I was contacted by Det. J. Pat Covey of the King County Police Vice Control Unit who requested my assistance at the Deja Vu (Topless Club) located at 31656 Pacific Hwy. So. in an attempt to observe violations of the King County Code 6.08.050, Standards 'of .Conduct for Entertainers. He said that he would like me to meet him on 06-21-95 at a prearranged location at 2000 hrs. for a briefing. On 06-21-95 at approx. 2000 hrs., I met Det. Covey along with Detectives Fitzgerald, Ellis, Clark and Hentel. After a brief discussion took place, I left that location and arrived at Deja Vu. At approx. 2027 hrs., as I walked into the business, ' I paid the doorman $10.00 for a VIP pass and entered the downstairs level of this club. I took a seat at one of the tables located in the south/west portion of the club. During-this period of time, I observed numerous dancers to be approaching the male patrons who were seated in the near vicinity of me and asking them if they would like a dance. Throughout this time, I saw many of the dancers . providing private dances for the patrons who were seated at the couches and upon completion of these dances, the patrons were seen giving money to them. At approx. 2040 hrs., I walked upstairs to the VIP section of this club. I took a seat at one of the tables located fronting the shower stage. From my vantage point, I could see many of the dancers while dancing for these patrons to be exposing their bare breasts and vaginal areas while rubbing their bodies against each patron. In some instances, .some of the dancers were rubbing the crotches of patrons in an up and down motion, masturbating their client from the out side of their trousers. At approx. 2125 hrs., I was approached by a female that appeared to be Hispanic/White. She was approx. 5' 6" in height, 120 lbs. short above the ear blonde hair, tan complexion, tatoo on the middle portion of her back between the shoulder blades, wearing a light colored sleeveless tank top type t- shirt, light colored bra top, light colored bikini g-string type bottom, and dark colored high heel shoes. She asked me if I would like a "two for one" dance for twenty and I said that I would. We then took a seat in the far south/west portion of the VIP lounge and before the music started she asked my what my name was. She then told me that her name was "Carmen" and began to perform a couch dance for me which included numerous, continuous, and purposeful violations of the F.W.O. 6.238, Standards of Conduct for Entertainers. Those violations include her exposing her full breasts to my fu 1 iew by ling down her top. She also exposed her vagina to me r orti Serial No. Unit No. Supervisor reviewing Date Copies to - 1 m ang 796 #21 • KCP (C-1o2C) 1A/ Pa �iof 2 PAGE TWO 95-199422/VICE, ALL OTHER JUNE 22, 1995 several times by pulling down the bikini bottom she had on. While facinrT away from me she pulled aside the bottom she was wearing exposing her anus ' my view on at least two occasions. She rubbed her vagina and buttoc,..... against my crotch in an up and down motion for extended periods.. of time throughout her dance simulating sexual intercourse . • She place her right hand on my genitalia and moved it in an up and down motion masturbating me from the outside of my trousers. She placed her mouth within inches of my crotch while moving to the music being played. Upon completion of both songs, she asked me if I would like to have another, however, I told her that I would not. I then handed her a $20.00 bill. I asked her if she would be dancing on stage at this level, and was told that she would not as she had broken her foot (motioning to her right foot) in a jazz dance class she was in. At about 2135 hrs., I exited this business and met with Sgt. Linder and Detective Fitzgerald and gave them the name of the dancer that performed for me along with .her description and clothing. At approx. 2225 hrs. , I met with Sgt. Lindner and Det. jFitzgerald who had just left Deja Vu. They showed me a colored photograph of a dancer that had given them her name as being aka "Carmen" � I identified this photo• positively as being � dancer tnat- had performed a dance for me earlier in the evening. Contact was also made with Det. Covey and I related to him what had transpired during my contact with "Carmen" . It was determined that this subject be cited for Standards of Conduct violation (F.W.O. 6.238) due to t'-- defendant' s. exposing her bare breast, vagina and anus tolme during her cot dance; and Prostitution (F.W.O. 6.239. (A) (1) because iof the defendant' s offering and agreeing to exhange sexual contact with me in exchange for a fee which was $20.00. On 06-22-95 at_ approx. 1800- hrs. , a check with the King County Police Vice Control Unit files showed a with a dob of 5' 6", 120 lbs., brown hair, brown eyes, alias names of as a last name and and . . i • • - I ‘11D t�lalcol Chang #07796 #291 • • 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY. DIVISION 2 CP25062FW CITY OF FEDERAL WAY, NO. 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 ; 6 i — - -A Defendant. 7 ' 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal ' Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 ' on or about 06/21/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 5 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days i ja il ail WSBA #212 17 and/or a $1,000 fine. 18 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 28 � FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 , 1 . 1 1 , 2 3 � 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 FEDERAL WAY DIVISION 5 CITY OF FEDERAL WAY, ) NO. CP25062FW ) 6 Plaintiff, ) AMENDED COMPLAINT ) 7 vs. ) COUNT II I • 8 IV ) 9 Defendant. ) . ) 10 I I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 1l Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime 'of Prostitution, 12 committed as follows: • 1 13 That the defendant, in Federal Way, King County, Washington, on or about 06/21/95, did intentionally offer or ;engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Twenty and 15 00/100 ($20.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , ' and against the peace and dignity of the State of i 16 Washington. 17 Maximum Penalty: Paul 'D. Wohl Misdemeanor Prosecuting Attorney 18 90 days in jail WSBA #2 51 and/or 19 a $1,000 fine. 20 • Date: 21 22 The above-signed. Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense; contrary to law. 24 • 25 26 27 28 1 AMENDED COMPLAINT FEDERAL WAY CITY PROSECUTOR 33530 First Way South Federal Way, 1WA 98003-5006 ' (206) 661-4031 . CRIMINAL j TRAFFIC � NON-TRAFFIC 9S /9.9 'O IN THE ❑DISTRICT I:•MUNICIPAL COURT OF FEDt-/ (Mr KING COUNTY,WASHINGTON . i ❑STATE OF WASHINGTO ,PLAINTIFF VS.NAMED DEFENDANT C P2 5 0 0 2 lF❑COUNTY OF KING v.CITY/TOWN OF FEtie .AL► WAIF NCtC L.E.A.NO. 2.17-000 COURT NO. THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON EVFR. SIICFNSFN/I { • IST!-' IEXPIRESi —�/V INITIAL • ---^ ❑ IF NEW ADDRESS EMPLOYER 1".w• bEa-A vu . HAIRTI RESIDENTIAL PHNF..inn CAW vNLA MN UAIE MONTH - C DAY YEAR TIME ❑ INTERPRETER ON OR ABOUT O( D2/ �1 24 HOUR p2/.20 AT LOCATION M.P. CITY/COUNTY OF 31(oS(o P.tU•S . 're-hi.-,tiab WAY • DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBUC HIGHWAY AND • VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE MODEL STYLE COLOR TRAILER Si LICENSE NO. STATE EXPIRES TR.YR. TRAILER 02 UCENSE NO. STATE EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT BAC COMMERCIAL ❑ YES HAZARD ❑YES EXEMPT ❑FARM ❑FIRE . • NO NR R I F READING VEHICLE ❑ NO PLACARD ❑NO VEHICLE ❑R.V. ❑OTHER • DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE Fait) 6.239(A)G T2osrc.rurmL1 S I+ Npftz ov•J Q 6VeRse . 2.VIOLATION/STATUTE CODE Ih a?;iiii:;a? ? _... ;►,i Fu:o 3 F! 4 t�2.L1z o C tl c T '' •a • V • s g g Not-S o#J QEQ E C. BAIL V Sr.I1'0 a•.2 MANDATORY U.S.FUNDS$ APPEARANCE MO. DY. YR. TIME A.M. RELATED/ DATE ISSUED``- JJ Gc • DATE P.M. OCo.42L• /V • WITHOUT ADMITTING HAVING COMMITTED EACH ICERTIFYtINDERPENAITMOFPERIURYUNDERTNELAWSOFTHESTATEOfWASHINGTONTIMTIIMVE • OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED TEES ON THE DATE AND AT THE LOCADON ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE • THE ABOVE NAMED PERSON COMMITTED THE ABOVE ORFBGE(SI.AHD MY REPORT WRITTEN ON THE RESPOND AS.1DI'RaE�CTTED ON THIS NOTICE.T BACK OF THIS DOCUMENT IS/ID,UE AND ECT. /��{ . X r.-N�JesrairOrcoAi OFFI L.--.. ( / 077AiL/ 0 F ER A V DEFENDANTS SIGNATURE >- oMPLAINT/CITATIO IV � CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE t1 1 G NG G NG D BF $ $ $ ABS.MLD TO OLY i 0 2 G NG G NG D BF $ $ $ TO SERVE 01 P- OTHER COSTS$ WITH DAYS SUSP. IN.)"' RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDR/TIME SVD �OF SUSPENSION RENDER DATE COSTS S • KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY =KINCCOuNrePOLxE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY . August 1994 Of-I-,cti RC i'Uti I. • . I . . '--- . 9 /985/to ••le F. skl c.P11,,A1.17:$_...___ME SMNOrlgOs OF comdc(Cr se.crpp.1.1 ,.1 I Of __Me. .....15-or ogo . sv ir:KPospiy6 eAgrS oF_ . , _ /gag AfJAroolifi; seeccFm#44:4 MG= 49471;.) 6,6-90 1- ,_AktO_____dil.6..LIA.L il_Le_ buRco6 11 ccreiciii bil4ce . A10. • • I --j) F__ 441.5.0 OFF&-rn, 04)40 ciet /16,1677-0 r0 EX I ,,* C#1446E SeeuAL comagcr F.oe Atcwey c jo•oo) Z.u cril Lb . .5Erc: eyAPits- (AiL7-, rptderAirr AN, ..., . c-be r-ciet1l5N .c7JF0, cA41171 A cos" o life • 1 _SalrEllttA2T—ArrliA4fa____ &4c7ucogiolgoreo , ), • • : Risr, I I . 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UP Pei'L t urn) CsGS , 'P•+IF ourFCT sog tJ. &S w0420JG Au0 Liela PwiSCCAL 5L=scacPrcc . VIP _Co1)JFUSMI) AJZ-0USE tV h11EA PIiO roG2A�Pi4 OF f, w)F e13rERI?ar14E-R ci 1.)G r14c stray.E E N wAS Q 1 uGHT our ANa r. rn►-r SCE _1,CND1J1 roar rr cons afar ruc t_u rt-iz riq cap nz r u A O A U naL.Ar ctn t.1 0[J. sG r LCOIRA AND E4 ro r u 3 CI- AN0 rDpr A - PW &A ' orO PH pF NASTASS uPt0 MY SCE E 4G S(act PIAQP0GRAPN r CDt,iF42MET nue LB. . T_ COMP1,E rn MY pc-l`rxeR'S vicr{J€cS s MT Mt?)ST 11 NQ I, ccm) rns• : • _ ! rim Ftlt2AI. L.tMY Mu#JIL c cPi.S cou1r i a/1 I pie osrcrurco&I A10 A snaNO4/2DS or C9,Uaucr di OIArcolv. 1 i • i 1 i i OMlc.r(s)r (trig Serial No. Unit No. $upiMsrx rwa. nta i Oats �CcW.s to • l &"1.., O776� 076�i _KCP ( ) ,,g, Pap i a i L I i 1 • 1 T IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION 2 CP25052FW CITY OF FEDERAL WAY, NO.. 3 ; Plaintiff, AMENDED COMPLAINT 4 ' vs. 5 : 6 , - . Defendant. 7 . 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, • 9 , do accuse the above-named defendant of the crime of Violation of • Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, .in Federal Way, King County, Washington, • 11 on or about 05/24/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her vaginal area 14 contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 • Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #2 5 17 and/or a $1,000 fine. 18 19 Date: 20 : The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does • 21 believe, that the defendant. committed the offense, contrary to law. 22 • 23 24 • 25 • • • 26 27 . 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way. South Federal Way, WA 98003-5006 (206) 661-4027 1 CRIMINAL 1.1 TRAFFIC 4 NON-TRAFFIC 7s• /Co Si q 0 6 IN THE ❑DISTRICT tOMUNICIPAL COURT OF KING COUNTY!WASHINGTON • • ❑STATE OF WASHINGTON _PLAINTIFF VS.NAMED DEFENDANT C P2 5 0 512 Ur (0❑COUNTY OF KING %- L Ir 'IA CITY/TOWN OF ) L) NCR: 1 •NO. ' 2-17-000 CO SAT NO. THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON / , DRIVER'S LICENSE NO I STATE I EXPIRES 1='- '--•-""'• i . Vw. INITIAL '— ❑ IF NEW ADDRESS I •EMPLOYER is vu , . HAIR RFen.cnnu owwc NA _ • I vNLAIRAY vwlt MONTH DAY YEAR TIME I El INTERPRETER ON OR ABOUT 06. a�/ 9 C. 24 HOUR 0 4 O ' AT LOCATION M.P. CITY/COUNTY OF 314sta p.N•S FEDERAL WAY • DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBUC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. `MAKE MODEL STYLE , COLOR . , TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TRAILER/2 LICENSE NO. STATE EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT BAC COMMERCIAL El YES HAZARD 0 YES EXEMPT 0 FARM El FIRE >NO NR R.I-F READING VEHICLE, ElNO PLACARD ElNO VEHICLE ❑R.V. El OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE FWO (o. �l3V 4Nrn, OWROS o_ CONoucr • is er WOCES ON fJ5UozsE �� u�k Hi�' ZI;r},••' I 2.VIOLATION/STATUTE CODE .!:`?'1 ,(Sitlr7!!t13'?Si;] ;i2i}lilil�I .II • ... BAIL s7 }I-Q 0 • a MANDATORYtj9 U.S. FUNDS$ APPEARANCE . MO. DV. YR. TIME A.M. RELATED/ DATE ISSUED G C DATE P.M. 06�94"]V WITHOUT ADMITTING HAVING COMMITTED EACH I CERTWY UNDER PENALTY OF PEFUUFIT UNDER'ME LAWS OF IRE STATE OF WASHINGTON IRAT I HAVE . OF THE ABOVE OFFENSE(SL I PROMISE TO ISSUED THIS ON THE DATE AND AT TIE LOCATION ABOVE,THAT I HAVE PROBABLE CAUSE TO BELIEVE THE ABOVE NAMED PERSON Cp&I TED THE ABOVE OFFENSES).AND MY REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK..THIS DOCUMENT IS TRUE CORRECT. . OFF)" R �] / OJ63i /� " X .ravu&srcz�;� c�r +.� 7! CER / • DEFENDANTS SIGNATURE �I r OMPLAINT/CITATIO ro CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE CFI • a, t G NG G NG D BF $ $ $ ABS.MLD TO OLY ;.,T 0 2 G NG G NG D BF_S $ $ TO SERVE OTHER COSTS$ WITH DAYS SUSP. CREDIT/TIME SVD "n � RECOMMENDED NONEXTENSION LICENSE SUR. TOTAL .I \OF SUSPENSION I RENDER DATE COSTS$ I I l NTY POLICE WASHINGTON UNIFORM COURT DO -COURT COPY Au KING COU CKET gust 1994 KING COUNTY PCCCE WASHINGTON UNIFORM COURT DOCKET-DOL COPY LKEIGcOU?ATPOUCE WASHINGTON UNIFORM COURT DOCKET_-DEFENDANT COPY August 1994 • . . . I_ . ____ . .. . • • ., ....._ ....1.,1•;•:R REPORT • - • . i ' .. 1 F a .GA 1/41 6:- R./.o..__ 1Fizer ,..CT.E.Y.AS 1-M6 5-41: ....7-1.. 2. . Ibiti4Ce C 01AC4) -fir . ..1 .•.151;*A.Niu, ...to. .F Et t12.111.. 1 41 K 03G cp. , WA• . _4;oo... _.1 . ._410.00 _two . . , L•1Z 6,3C,E .Ar _rue. _SA .wi _Vo_r_c_xio . . . %.1)*-F. r.___Els_P_os Vt• -- I4ER vAGINIAL__juz_tiot .. ..**1- korAzuGL. _IEAC...“.2__b_F TIAC_____COmtc. _te3t4M Mau= cjipe , OFF. WIT. csn,jr4-7i AoljT • ' . a.).C..sSif4P!‘ _61 IZt--F• . . . .• ,,.. . . . . . . . . . . . .. . 4§10100,000410;::::.,811101iiiii.ffsiol!i•A! . 0041 . 1---- , . . . . . . . . . . .. . .. WEATHER - STREET LIGHT • ... . .• ' : . ' I LI ri?: FC, SrN C VI ; S • . DSK DK . • . ., . 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Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State ofiWashington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, IWashington, 11 on or about 06/30/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed the areola of 14I her breast and vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of 15 Washington. 16 Maximum Penalty: Paul D. Wohl Misdemeanor, Prosecuting Attorney 17 90 days in jail WSBA #2 5 and/or 18 a $1,000 fine. 19 --- Date: 20 � The above-signed Prosecutor does certify, under penalty of 21 perjury, that he/she has reasonable grounds to believe, and does believe, that the defendant committed the offense, contrary to 22 law. 23 24 25 26 27 28 AMENDED COMPLAINT FEDERAL WAY CITY PROSECUTOR 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 i CRIMINAL TRAFFIC ►a NON TRAFFIC- S• ' 1 • blur COUNTY.WASHINGTON Wa7 IN THE 0 DISTRICT �I MUNICIPALLAIFF VCOURT .NAM NAMED ND T `'P 2 5 0 6 9 F B STATE OFF KING WASHINGTON t COUNTY OF KING CITY/TOWN OF - COURT NO. . NCI: LEA.NO. 2-17-' O THE UNDERSIGNED CERTIFIES AND SAYS THAT IN'THE STATE OF WASHINGTON • STATE INITIAL ( Cm.moimENIMIN0• • ❑ IF NEW ADDRESS EMPLOYER • •,• ES HAIR REcu,crmu Y•4nA6 ran YEAR TIME o INTERPRETER MONTH DAY /� ON VIOLATION DATE S G 0 24 HOUR V AT ORO ABOUTTIONMP. GRYICOUNir'RAJ- OF�/� AT LOCATION t-I;, � L KM DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AN�MODEL OR EXPIRES TR YR. • BAC ACCIDENT READING COMMERCIAL ❑ YES CI NO VEHICLE 0 N.Y ID OTHER • HAZARD 0 YES EXEMPT CIFARM 0 FIRE NO NR R I F • VEHICLE NO PLACARD ❑ DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 7.11 . • CC i • '.► , .-i. 4 .41 .L. • ' . MANDATORYN. US.FUNDS$ m • ► RELATED• DATE ISSUED 07•• g• 5 • ICERTIYUNOERPENALTPEVPDAS UNDER PENALTY OF PERJURY UNDER THE LAWS T THE HAVEE OF PROB BLE CAUSE TO BEU_"VE WITHOUT ADMITTING HAVING COMMITTED EACH ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE OF THE ABOVE OFFENSE(S).I PROMISE TO THE ABOVE NAMED PERSON CDIWI TED THE ABOVE OFFENSES).ANO W REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK• THIS DOCUMENT IS TRUE AND CORRECT ^OFF I�� XT1.51J L Tom'•-DEFENDANT'S SIGNATURE I` COMPLAINT/CITATION r FINDIJUDG DATE C ®SUSPENDED SUB-TOTAL ABS.MLD TO OLY � PLEA CNG FINDINGS S 1111 G .NG G NG D BF S S TO SERVE +�©G NG G NG D BF WITH DAYS SUSP 101---OTHER COSTS S = TOTAL CREDITRIME SVD LICENSE SUR- COSTS S m RECOMMENDED NONEXTENSION RENDER DATE S � OF SUSPENSION S KClws G^�"" WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POLICE Y IF KINGwuImF FaL�cE WASHINGTON UNIFORM COURT DOCKET-DOL nCOP _••r . . ' . ) . . . . 1 . I 072-altea;52t57 Cr.4 3:;!..:J,'',.' ii..4:',f7 1 I !'rd 3S.VIN"..7.,..:siec 3% r.31..la.r.1'.:1:V 17,..i.L .. • 1 1 _______ d:7 :,...:.7. 1 .:it:"., - t•.-',a1:::....,4 . 1 ._a2:13Fkli_ . a)j...... ......S..-ii:_.-O I dI2 3.:YL.F. P.NONd t.II 1.2d•-.! IS‘r.:EirVeN tic:3N1../..s, : "IC >ISC NMO La I : I V. 3 ! r‘S O. Nd '..3 1 I ! 1.H011 I .F..b.':: f 1 dF.41i.3:4 i :".:•:!_r:t.t.. 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I . . . . . -.. .. . inuoent Number King County Police - a n o g 4 3 p 'Continuation , ,, tig o staters l p 7 p • S. p WetnessC COntinuatiOnlStatement/o.R. :Business Q Reelaerxe Phone 0 ma"R•p� ess S'G 7�� Name(Last.First.Middle) . t x 2 C 01/41�t A YY1:tt. state zip •.. patios City 8goy I Der r._..+ence Address Sty W 51Cv 3 A�� ta - vu my, L rib wA4 Ili • To ASC f=CLE > ICI' - . Nk — tat ► ■ 5 .0 : Li. al3 n o . S. . ter. . - ' : " C A T 14P020 • 0 r .• . - '' •' t r� ■. 14 I. " 31J [:1f . t1.1 en_ CA) -I - II n al a• a : . c a el 00 ..r C t J t.. R - �, I 0 , IIII - - M G ate' 1 wA' 444 • ./0 a s t, ,► €= T60K ` 1 c `a- Z. . AM CAIe 1 �4 4 ■. 7 \L._.r L // � 11 ! ��+ � I`IIIA .. A�// LrJ N� ,, C r�•S IUD ♦ , . a N I cS 4 "a '�w 2O'0O " I ■ . S/�C e ; it1 t1 V I / C s O/Le rv1 _ . r I!Cr ,/ ■ ,l r i.i1 1 ' 0 ',moan r : : [WU a1111 :�1u0tlJC; a 4GS W • • • n ,� ' ••I P i ♦ cS i20Cc -, - ♦ W• i. 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A T&?2. 1N tr P A✓1L rbro TN C CUJ R , co-krrn Ct 1 I &-FF S r74 R.QL rT (ENO 14A\ 1+eVt 5--.6E.-0rcFY hCAR.tISi•1( " , f44.50n.iE-rt -bAtOCE'l2 ( Sea CASE a. qS•62101044 ) ANo r-Wc rd16R'3 r-LICLu.01 Cz rMtr MGR.. kA3 ( I4At) ArCm.7-0 porzrEnOS OF `aC!I R ZN S a lC'c CH IJP1.1C(" . .L rUE?J µAn OFF SrneaE rr QL -l-Urv2 TI4L r03 • b1srAvu AOD Rti-C - ra cI —NE rt.)0 6UU Mu c i.S r LAI c4.1 rut =A L-1.3 r eSr Lr D in utsiztsFY The- CtsInLYrCf, W14S COrLLL-t. 1401) Peru.ot .6T ro• 6E SO• 1E: 1.3tG.14T MGQ of ntE rII.(IA cuAS zp'im A-S ' 1 FL-pt-t i L. wr�� , wA y �0Q3 TN C FL.602 MGR. W A 5 rp i et A S = I i<our; ccIA. 1 IJ n:-R. C. r e'L 1r0 N R'GtN ", cb 'l:.`0 ft S i __1. 1 wtcr)l A• p• t!•6• a F Q ScANOARa.S OF ICcsau.cr- Uc� , . '... :Office s)reporting/J Sinai No. Unit No. I .SuM�• '^0oat. to l' � ti 7763 .2 E 5 (Copies —� K (C.1028) 1A1 Page I of I 11 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION t I 'CITY OF FEDERAL WAY, NO. CP25179FW 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 --- 6 ' Defendant. 7 8 I, Paul D. Woh1, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 06/23/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her left breast 14 contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #2 51 17 and/or a $1,000 fine. 18 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 3 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal``Way, WA 98003-5006 (206) 661-4027 CRIMINAL III TRAFFIC 4/ NON-TRAFFIC IN THE 0 DISTRICT MUNICIPAL COURT OF } � (_ w 2G c517 g SH�I_NG'TON ❑STATE OF WASHINGTON ,PLAINTIFF VS.NAMED DEFEN_DARi -� 2 W ❑COUNTY OF KING - e" • _ CITY/TOWN OF woe" HOC LEA.NO. 2-17-000 • COURT NO. ! ` - -- '(Y/ THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON ` - I ••••••r.. .Meuee.1. I STATE A I EXPIRES I ID NO.ISSN d CV) '— 0 IF NEW ADDRESS EMPLOYER _ '-H/UOAIR�/.REESiI/DDENTIAL PHONE NO. • /' �7DAY a YEAR TIME 7747...., ❑ INTERPRETER VIOLATION op AABBODUTT� MONTH C Lk LS 24 HOUR /COUOF - AT LOCATION MR. DID OPERATE THE FOLLOWING VEHICLEIMOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE STYLE COLOR TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TRAI ENSE NO. STATE `EXPIRES ITR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE • ACCIDENT : C COMMERCIAL . YES HAZARD 0 YES EXEMPT Q FARM El FIRE - NR R I F READING VEHICLECI NO I PLACARD 0 NO VEHICLE ❑R.V. 0 OTHER • DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES I.VIOLATION/STATUTE CODE P‘.J Cr, c.Z;$ I STIV I)60-11S op CcottAC7r V :toLe1'nor.) .fitgr ltikiiii }Allii.,Y7i,I}i}?fi} 2.VIOLATION/STATUTE CODE • • BAIL I COS1 _Vk..0 -20 MANDATORYI4 U.S. FUNDS$ APPEARANCE MO. DY. YR. TIME AM. RELATED/ DATE ISSUED DATE P.M. 7 otNT�`/ WITHOUT ADMITTING HAVING COMMITTED EACH !CERTIFY R D THIS CN THEPENALTY AND AT TM LOCATIONE u .THAT I HAVE w5 ��uuSEioTTI HAVE VE OF THE ABOVE OFFENSE(S),I PROMISE TO, THE ABOVE NAMED PERSON CDMMRTED THE ISL MO NY REPORT WRITTEN oN THE RESPOND AS DIRECTED ON THIS NOTICE. SACS OF TES DOCUMENT IS TRUE CORRECT. FICER /1 l S ccO 0 IA OFFICER I 15 DEFENDANTS SIGNATURE COMPLAINT/CITATION I r,, CrF g CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FINDNUDG DATE �", S ABS.MLD TO OLY 1 G NG G NG D BF $ S ----10 2 G NG G NG 0 BF S $ $ TO SERVE MOTHER COSTS$ WITH I DAYS SUSP. CO RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL " CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS$ I — KCDPSG1539Isi WASHINGTON UNIFORM COURT DOCKET-COURT COPY; August 1994 1KING comp/POLICE . KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY ; _ bNNG COUNTY POUCE WASHINGTON UNIFORM-COURT-DOCKET;DEFENDANT COPY . August ma C KINGDOmTfPOU E WASHINGTON UNIFORM COURT DOCKET-LEA COPY .. j . I • • L , OFFICER REPORT . , . _A-t •___31.c,sco..._Pietts.,___ArvN-441,...__viftt • :14)(7 c0iu.77-{' .. . . . ,• • 1-Tvi NU' oS‹ OF We_ ‘,ks cc wits ' to) ad/xi-a:veil_ , t • , . • . ..zzcks 2, How I _ 1 :, 11 vois offeeD Ft tiovx-c- ..6Y. . sqc tolvevo rolLot,- .., .4t14.4(,.„.ft-eb,rxts-•• ipAri .- 600 • _. I- . • .1)o_tftlea.) _LefoS..__ALA___ettav__.. .. .: . ..:. al. ,•___ 41>S5aD____11 -__LkitAI. 640i-• . • . s' , . , __AcelOoN!L Otroccit T41. . . . . . . . ,. _ULLA:10 tlrofisJ 'it_4_60_4-__ArdpfharT- . . . ..., , 1 t- _1125 _ __ikdk-L--bletItEL_ ..1 . . bortit hich___9_ , rio_o___ksc-!.77._ ,• • . • ! 21_0a161- i.o_A__,. • 1.43-v,7_c..._______ • . . • • : - ! • \)tc- —COX' gSreqa 5 - . , . . . ! i . . . ! .4 . . : ., . ..:. . . . . T. .._...___ . . . . • . _ ._ • .tiiii:ogiooe.0.1,44.4000001.0iii . . ...::::,;,..., . . . . . . . . _ • .. . , . • • • -• • - 1 - LIGH, • CL . FG SN 0 '.': • '. i :L• 0,.'.':: DSF' DK WITNESS NAME•L:.:;-- r:PF .,•,, , . •. . :•...:, • . . . 1 A Z./0-.i-... . • i....., ..,_,. .:. . . ,• • . 1:......._ .T.'.'':. -:. • ' .. :: ' . . . ' 1 .__ _ :. _ _....._-___-_.... _. .. . _ ...._..----. . „ .. , . • . • . ' , . . . .. . . . .; . . . . . . . . . . . , , , ILti Uo^«discloseKing County Police �r -2 �,� ❑ Dortlestic violence involved 0...2 ��: FC v�imlolo... .I.nw Incident Report &S-7 —r —sb o —Z --Month Day Year 1N Time• Type of Incident ❑ UNINCORP.KING COUNTY o Reported on 0(0 cS �,‘ Z3-tS V�CJ of C�'Y{f 1 ER CITY OF FO V Month Day Year 'DOW Time AddresS/locatibrl o Incident l — �t •Z t(n4(, PI�CIt.C. 1-t >J`C CO or between n 2cg? �` Business/Apartment Name Business is a victim or between Day Year lime ❑ Yes OC T CIS r 1 27-57• D v U. Residence Phone 4Business Wane Information provided V IName(Last.First.Middle) �� (t����1t�� I ._ `.ki. i �� �1:11e f�Y1L W City f State ZIP OaWatbn Race Sex DOB Residence Address ' Into/ mation provided Fi.sidena Phone Business Phone aNam. '- First. D. t-)ti t43 c.Ibl o-r [Zed--z � F I `�Residence Address City State Zip OcctiPapon 3 RI • Prtl u� SPP r / WIN 9K t.a-f P ot.�c�' ) uL4 A- > Nam.(list.First.Middle) 11nf0m5210fl provided Residence Phone (Business Phone City State ZS) Owjpation Race Sex DOB Residence Address , Race Sex I Date ofBirlh Mgt. Wgt. Hair Eyes � -uS _R es d jN $La5LZILM '1* enoe)rddress r-- State ZIP IResidaroe Phone Business Phone I 'Employer/school Address"- Gas Names) ' - 1 Dri s licensenu clad no. Islets LA - c6th""'`u W Social Security Plbmber y y ` ❑Booked ❑K d) �� peculiar marks of identification 1CtWe(5)CloMirg,tattoos.sears. ❑Cited 0 YSC v V 20 'C‘COY'CC. crtca i II2t1 S 4`�bD' L`l" �.�cCD 7 bat IHelr IEy.e w Neme(Last.First.Middle) (Race [Sex (Date of Birth fHgt S-2 1yStet. ZIP Residence Phone Business Phone . _ • N Residence Address . Alias Name(s) Drivers license/ID card no. l EnmployeNxfineol Address 1 liar marks of identification Social Security Number Charge(s) ❑Booked 0 KCJ Clotting.tattoos.scars.pea ❑Cited ❑YSC Type of weapon•instrument or force 0 Injury involved Trademarks of suspect(s) __ ❑ Aid required . /,�( OFo if),tcl AU t•" eP -1 r r TotalEloss aired 2 y 1 t?f premisesT� �u D e` 0 Premises locked Method to gain entry and point of entry — � Typo of �,,,��_ I� _ l ;,D Mat 1 i)k.kC C:Oltrit��►M 6►�� Irk Oceupent(s)present QP P Color o Suspect 0 Stolen 0 Wear license No. [State I veer Make Model ❑ Victim 0 Recovered 0 Impound I VIN Additional description or features 1LegaI owner Address W Registered owner Address 0 If towed,list towing company.address and phone) Ho ld Reason for hold = Vehicle disposition( Yes uJ ❑ Estimated t Value Radio notified CNdk No. Date/Time Stolen vehicle ❑ Divorce or separation in progress ❑ Payments overdue 0 Keys in ignition , 0 Doors unlocked 0 Ignition unkxk.d - ❑ HBD ComplainantOwner notified by Date/Time Recovered vehicle condition(damage,items stripped.etc.) • Other agency/Case number Other persons/units notified Other related reports c c O F p recommended ecom en SS S' Mt CID Saeener Officer/Investigator assigned fJJ Follow-up Otticer(s)reportting 0 Supervisor reviewing 0 CID Saeener LJ`^ T. -. W �� ❑ l Assault 0 Dng End• . at 0 CIS 1 0 Copies to O Burglary/Larceny 0 CCPU 0 Checks/Fraud specie �� fIC II; iw 0 Proselcul O ❑ Crime Analysis O Auto theft O Robbery C HomiciderA ..;to Offieer(s)reporting Serial No. Unit No. 6�f {0C,, 00240E _b,--_---a2.s&& ---- - - Page of I ���i C-118 1/93 \` I i _ — iiiiiidentNumber Use'ormats on reverse side when listing additional victims,witnesses,and suspects. 1.list additional victims.witnesses and reporting persons. 5.List properly taken,damaged.etc. 2.List additional suspects. 6.Victims injunes-details and where medical exam occurred. 3.tilt additional vehicles. 7.Physical evidence-what and where found,by whom,disposition. 4.Vehicle Inventory. 8.Reconstruct incident and describe details of investigation. • Item/CUM Mick Brand Model Serial Miscellaneous(color.size.caliber.etc j Dollar Value 7 W -1 k14 fa r7131-cQd S1►M+e- ? SS t-LofLQS . Prr "z ct3 AO 27.52 1. uRS -Tr c Paackhicsc0 QYc("S FILOvvl. SttS Ozcr. nAPc,gs w » v .ou'no►) oC- c vF Ddiirt, • c�fL4 P r, W > cc cc • • • CC • Z I-- W a. 0 • rr • • • • • • • • a I,the undersigned,hereby declare this to be a true and correct report.I understand that filing a false report can be considered hindering,obstruct- • ing or delaying a police officer,a crime punishable under RCW 9a.76.020.I understand that I must notify the police department immediately upon = the recovery of any items reported stolen or missing.I wig testify as a witness against the defendant when he/she is charged with a crime. W0 I desire my vehicle to be impounded for safe- 0 The described vehicle has been released to me and I will protect the Director keeping,at my expense If it Is recovered and I of Public Safety from any and ad suits,costs,damages or any expenses am not immediately available to claim it whatsoever which might occur with the release of this vehicle to me. to Signature Date In consideration.f being allowed to exercise the option of waiving impound on the vehicle described,I hereby relieve and release the County of King,its • officers and er.ployees from any and all responsibility for the described vehicle and its contents,and from any damage or liability which might arise as a W result of the se of said vehicle by the party to whom I have released it,or from any claim of damage or loss which might arise as a result of leaving said > vehicle par;:ed alongside a county street or road at my direction. I further agree to hold harmless the County of King,its officers and employees,from any 31 and all claims which might arise as a result of my election to waive impound of the described vehicle. Signature Date 0 Registered Owner 12 Legal Owner 0 Agent of —_— _ • o Continuation King County Police ,9 s, 5 5 54 ❑ Statement a Date Time 0 Officers Witness Statement Continuation/Statement/O.R. 06-23-95 2355 ❑{ Officers Report Residence Plane 'Business Phone Name(Leaer.First.Middle) . City t State Zip Occupation Race Sex DOB Residence Address 1 via Chain ro0030(ficer Witness Stateme..L: To ease File I j -On 06/23/95 at 2155 hours I entered the Federal Way Deja ;Vu located at 31656 Pacific Highway South. After paying the $5.00 cover charge I took a seat on a couch in the main seating area. I then purchased a coffee for which I paid $5.00 with a $1.00 tip. At 2230 hours I was approached by a white female who identified herself as "two She solicited me for a for one" dance in exchange for $20 .00 . I accepted and "Porshe" then danced for two songs, one right after the other. While dancing, Porshe was in very close contact with me,! rubbing against my groin, legs, abdomen and chest. There were no violations of Federal Way Ordinance 6.238 during these two dances. Following her dances I paid and dismissed "Porshe" . At 2238 hours I was approached by a white female who identified herself as "Isabella" . She sat down next to me and I asked her what the difference was between the main floor and the "VIP" room. Isabella said that the VIP room was more private. I then asked Isabella how much her dances cost and she told me $20.00 and $25.00. I then told Isabella to lead me to; the VIP room and we then went to the VIP room where we took a seat in a semi-private booth. Isabella was a white female who I estimated to be between 22 and. 26 years of age. She had dark hair which fell to her shoulder blades . She was wear. 1 a very tight fitting white dress which stopped just below her buttocks. dress was supported by a thin strap tied around the neck!. Isabella wore twc rings, one on the ring finger of each hand. She also !wore a watch on hex right wrist. This watch had a round black face with a gold colored rim anc a black band. At 2243 hours I told Isabella that I would like a dance and she began to dancE for me. In a manner similar to Porshe, she danced between my legs, frequently rubbing against my groin, abdomen, legs and chest. ! During this dance, Isabella purposely exposed the nipple of her left breast in violation of Federal Way City Ordinance 6.238 . • j iFollowing the dance, Isabella sat next to me and we' discussed the problem: involved in being a celebrity. We specifically discussed Michael Jackson anc his sister. At 2252 hours Isabella asked me if I would like another dance and I saic "yes" . She then performed a dance very similar to her last dance but with the addition of fondling the nipple of her left breast in violation of Federal Wa, City Ordinance 6.238 . Following this dance I paid Isabella $55.00 (two $25.0( dances plus a $5.00 tip) . Isabella said that she had to leave and she did I exited the Deja Vu at 2300 hours. ' I later checked Vicemcontrol Unit record- and lea 'ekthat Isabella was r aka � ' j ' D( i a copies to m": lfilra G. Dan on 2Utr0.Na 44; - v. �, /��g 7L KCP (C-102C) 1N1 Pape 1 of s 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION 2 NO. CP25066FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 , vs. 5 _ 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 06/21/95, failed to remain on a stage or other surface raised at least eighteen inches above. the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breasts and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 5 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorne 90 days in jail WSBA #2 5 17 and/or a $1,000 fine. 18 19 Date 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that thedefendant committed the offense, contrary to law. 22 23 24 25 26 27 �8 - FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 _ (206) 661-4027 t CRIMINAL a TRAFFIC ri NON-TRAFFIC Ira J g2./e 2 IN THE 0 DISTRICT `E]MUNICIPAL COURT OF Feb• L,A)VMi KING COUNTY.WASHINGTON • STATE OF WASHINGTON PLAINTIFF VS.NAMED DEFENDANT COUNTY OF KING C P2 5 O 6 6 tii CITY/TOWN OF GIN• t LIM NC1C LEA NO. 2-17-000 COURT NO. I - THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON N\ •'_F ER'S LUNSE NO I STA'a I ATE EXPIRES �,'u, I . s3 lurtu, ❑ IF NEW ADDRESS EMPLOYER .tSAV ( r=lt.z`� HAIR RESIDENTIAL PHMIc un I A J 1 _ _ . VIOLATION DATE - MONTH DAY YEAR TIME 0 INTERPRETER ON OR ABOUT b G .2/ •`•' 24 HOUR 4030 . AT LOCATION M.P. CITY/COUNTY OF 3icosCo P-/1•S- Fro. w,W, wA DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND' VEHICLE LICENSE NO. STATE EXPIRES I VEH.YR. MAKE MODEL STYLE COLOR TRAILER PI UCENSE NO. STATE EXPIRES TR.YR. TRAILER 42 LICENSE NO. STATE EXPIRES 'TR.YR. I OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE ACCIDENT MC COMMERCIAL . ❑ YES HAZARD 0 YES EXEMPT ❑FARM ❑FIRE NO NR R I F 'READING VEHICLE ❑ NO PLACARD ❑NO VEHICLE ❑R.V. ❑OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE . c A a0. 6 7�i38A Cur. oat). uirol,.Ar at 1,3 STANS6ARAS -OF comotccr>. • t✓Z NO2-S ON Qcrr evens ' 2.VIOLATION/STATUTE CODE Ir t i i' iltii liiiill#i!{, iRll1':? 1 :fiiiiirtb it:1il�?iii.liiitp.11#3, i. $iO4! . BAIL t� 7•W O 0•a MANDATORY I, U.S.FUNDS$ APPEARANCE MO. DY. YR. TIME A.M. RELATED I DATE ISSUED �1�j' DATE .P.M. O r .ac 1.Ig S • .. • WITHOUT ADMITTING HAVING COMMITTED EACH , I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S),i PROMISE TO ISSUED THIS ON THE DATE NC AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE T. ABOYE NAMED PE is THE ABOVE OFFENSEIS).AND MY REPORT WRITTEN ON THE RESPOND AS DIRECTEDON THIS NOTICE. BACK DF TwS B COI: uro�ECT. 3 X �V ,(S rc Ar rrv.1 OFFICER 7 1 I /c 0 DEFENDANTS SIGNATURE • 13 %A COMPLAINT/CITATION r g CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE `-•� 1 G NG G NG D BF $ $ $ ABS.ML,D TO OLY .' 0 2 G NG G NG D BF $ $ $ TO SERVE Cn `Ud OTHER COSTS$ WITH I DAYS SUSP. 11 ``i RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT TIME SVD n OF SUSPENSION RENDER DATE COSTS$ i KCDINGPC C COUNTY POUNT PO KING WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY 'KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 OFFICER REPORT .sZ_FF-.-1)=13-7-1M1--j-V-PF—CLTEY—CW—FeVardk_ _11-750005C-7.___AAn ofr- ifv&-p AciArad /.1 _ U/1617a1,44/ir 4019 7P_Cia-ag‘l_A-._.C.crAcw bAdocr f4:4g - I :bet.- CA-Ag-f‹. - - • Fb ADD cr:roam _s remn4INT n i1eQAm Ja3CenzPiar2 A reD BLi te.F: • ,:. ..441.04o* STREET • D VI I S • DsK DK 0 4446 _XtAkCOLAill (/ler). c6_1_7(07 S7 CI le-4° -AOC 611- ‘41,1 %flay _I ' 989,01 • • • 1 _. incident Number - —Continuation King•CountY Police 9 : 5 l_I 1 ; 9 : ? : 4 : 8 : 2 —Statement , I I I I I t� Date � Time �Otficer'a Witness Statement 06/21/X ContinuationlStatement/O.R. -=0fflcer's Report 95 2250 k Name,(Last.First,Middle) Residence Phone Business Phone W 1 205-7815 ;: DETECTIVE C.R. CLARK City State Zip ccupatlon Race Sex DOB Residence Address WA 98104 DETECTIVE 516 3RD AVENUE SEATTLE ubject To is • RREST- De'JAVU DANCING FILE ESTABLISHMENT I ON 6/21/95,AT APPROXIMATELY 2020 HRS, DET HENTEL AND I ENTERED THE DEJAVU, 316TH AND PHS TO CONDUCT AN UNDERCOVER VICE INVESTIGATION.WE TOOK A SEAT ONE ROW BACK FROM THE STAGE ROW OF SEATING. WE WERE THERE FOR SEVERAL MINUTES UNTIL A FEMALE APPROACHED ME AND ASKED IF I WISHED TO HAVE A TABLE DANCE. SHE WAS A BLONDE FEMALE, APPROXIMATELY 5'04#, 11 5#,WEARING A WHITE BRA,'WHITE PANTIES AND WHITE NYLONS AND A WHITE GARTER BELT. I.STATED THAT I WOULD PURCHASE A TABLE DANCE SO I WAS LED TO A COUCH AT THE SOUTH END OF THE FLOOR. I WAS DIRECTED TO SIT ON THE COUCH AND WE WAITED UNTIL THE NEXT SONG STARTED.THE FEMALE BEGAN THE DANCE BY GETTING UP ON THE COUCH AND PLACED ONE LEG ON EITHER SIDE OF MY LEGS, AND FACED ME BY SITTING ON MY LAP. SHE BEGAN THE DANCE BY GRINDING HER GROIN AREA INTO MY ;GROIN AREA AND WOULD CONTINUE THIS FOR APPROXIMATELY 10-15 SECONDS. THE FEMALE, WHO IDENTIFIED HERSELF TO ME AS "CANDY" WOULD THEN TURN AND WOULD FACE AWAY FROM ME AND WOULD STAND ON THE FLOOR AND WOULD SIT ON MY LAP AND WOULD PLACE HER LEGS ON THE OUTSIDE OF MY LEGS AND WOULD GRIND HER GROIN INTO MY GROIN AREA. SHE WOULD PLACE HER BREASTS UP TO MY FACE, HOWEVER DID NOT EXPOSE THEM AT THAT TIME. "CANDY" WOULD GET UP SO THAT SHE WAS STANDING ON THE COUCH AND WOULD FACE ME AND WOULD PUT ONE LEC EITHER SIDE OF ME AND WOULD PUT HER VAGINAL AREA WITHIN SEVERAL INCHES OF MY Fi-.:.c AND WOULD GYRATE. SHE WOULD THEN TURN AWAY FROM ME AND WOULD PUT HER BUTTOCKS WITHIN SEVERAL INCHES OF MY FACE AND WOULD BEND OVER AT HER WAIST AND GYRATE HER BUTTOCKS. AT THE CONCLUSION OF THE DANCE, I PAID HER $20.00 FOR THE DANCE. SHE ASKED ME IF 1 WISHED TO GO UPSTAIRS TO THE V.I.P. ROOM. I ASKED HER WHAT THE DIFFERENCE WAS AND SHE STATED THAT THE DANCES WOULD BE MORE TOUCHING AND THAT I WOULD BE ALLOWED A LITTLE MORE FREEDOM AS FAR AS WHAT I DID WITH MY HANDS AS THERE WAS LESS SUPERVISION. I STATED THAT I WOULD LIKE TO GO UPSTAIRS SO SHE LED ME UPSTAIRS. I WAS DIRECTED TO A COUCH AREA JUST WEST OF THE STAGE AREA. THE DANCE BEGAN AND ONCE AGAIN "CANDY" GOT UP ON THE COUCH AND ONCE AGAIN PLACED HER LEGS ON EITHER SIDE OF ME AND SAT ON MY LAP. ONCE AGAIN, "CANDY" BEGAN TO GYRATE HER GROIN AREA IN MY GROIN AREA. SHE CONTINUED THIS FOR SEVERAL SECONDS AND THEN PULLED THE BRASSIERE DOWN, EXPOSING HER BREAST AREA TO ME INCLUDING•HER AREOLA. SHE WOULD PLACE HER BARE BREAST UP AGAINST MY FACE. "CANDY"WOULD GET UP AND,ONCE AGAIN, STAND FACING AWAY FROM ME AND WOULD GYRATE HER GROIN AREA WITH A SUBSTANTIAL DEGREE OF FORCE INTO MY GROIN AREA. "CANDY" WOULD GET UP AND STAND ON THE;COUCH, WITH ONE LEG ON EITHER SIDE OF MY LEGS AND WOULD ONCE AGAIN GYRATE HER GENITAL AREA WITHIN SEVERAL INCHES OF MY FACE, HOWEVER THIS TIME "CANDY" WOULD PULL ASIDE HER PANTIES TO REVEAL HER VAGINAL AREA. SHE WOULD ALSO TURN AROUND AND, WHILE STILL STANDING ON THE COUCH, WOULD BEND OVER AND WOULD PUT HER BUTTOCK/VAGINAL AREA WITHIN SEVERAL INCHES FACEOF PULL ASIDE HER REVEALING HER IRE TO ME. THESE ACTIONS CONTINUED THRU OUT THE ENTIRE DANCE. ASKED VAGINALL AREA 1 pfficer(s) Reporting SeriaFWo. Unit No. . iSupe �sor Reviewing Date (Copies to DETECTIVE C.R. CLARK 01315 206 nr I CP(C-102) 11192 Do • ,Pt 11�_;; , CRC 6/21/95 Page����.�.+�,..i • 95-19848: PagemoC • t • "CANDY" IF THERE WAS A POSSIBILITY FOR GETTING TOGETHER AFTER SHE GOT OFF WORK FOR SEX AND SHE REPLIED THAT SHE DID NOT DO THAT. CANDY ASKED IF I WISHED TO PURCHASE ANOTHER TABLE DANCE AND I TOLD HER THAT I FEARED THAT I WOULD HAVE EJACULATION IN MY CLOTHING AND DID NOT WISH TO DO SO AND THAT I SHOULD PUT ON A CONDOM TO PREVENT SUCH AN ACCIDENT. CANDY STATED THAT MAYBE I SHOULD HAVE ANOTHER DANCE BY ANOTHER DANCER. I THEN STATED THAT I DID NOT WISH TO PURCHASE ANOTHER DANCE IN THAT EVENT AND PAID "CANDY" $30.00 FOR THE DANCE. THE DANCE WAS LATER IDENTIFED AS /FA 5'02", SHE WAS IDENTIFIED AFTER I DESCRIBED HER TO SGT LINDNER ALONG WITH HER STAGE NAME OF "CANDY CRUZ" AND HE ENTERED THE ESTABLISHMENT AND RETURNED WITH A PHOTOGRAPH THAT I WAS_ABLE TO STATE THAT IT WAS THE SAME SUBJECT THAT I HAD PURCHASED THE DANCE FROM. • 1 IN THE KING COUNTY DISTRICT COURT D OR THE STATE OFWASHINGTON FEDERAL WAY ISION 2 NO. CP25065FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 ? vs. 5 6 Defendant. 7 8 I, Paul D. Wohi, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 Count Washington, That the defendant, in Federal Way, King y, 11 on or about 06/21/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and'at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Paul D. Wohl Maximum Penalty: 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21251 17 and/or . a $1,000 fine. 18 19 Date 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 • 23 24 25 26 27 281 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 1 1 2 ' 3 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 FEDERAL WAY DIVISION 5 CITY OF FEDERAL WAY, ) NO. CP25065FW ) 6 Plaintiff, ) AMENDED COMPLAINT 7 vs. ) COUNT II 8 f 7 9 Defendant. ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 06/21/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Forty and 5 00/100 ($40.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attorney 18 90 days in jail WSBA #21 1 and/or 19 a $1,000 fine. 20 Date• C' 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 !8 AMENDED COMPLAINT FEDERAL WAY CITY PROSECUTOR 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 CRIMINAL 1. TRAFFIC pli NON-TRAFFIC cis/ j7Fq fis's IN THE ❑DISTRICT 'I MUNICIPAL COURT OF fro•Lunt, KING COUNTY.WASHINGTON 0 STATE OF WASHINGTON .PLAINTIFF VS.NAMED DEFENDANT C P2 5 0 E 5 I F co OF KING Ly CITY/TOWMOF FI_'t1• IURT• mum'NO. --- N IC LE.A.NO. 2-17-000 THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON DRIVER'S LICENSE NO. I STATE I EXPjL —r I-n NO.ISSN HNO.fSSN�l CV) WA ❑ IF NEW ADDRESS EMPLOYER�1:.sn & (/' v. rco.). - EYES HAIR ecc.ne.•n.,..u+wc.ri VIOLATION DATE MONTH DAY YEAR TIME ❑ INTERPRETER A: ON OR ABOUT OG 2/ 9 S 24 HOUR� pZ/O O AT LOCATION M.P. CIT� / OUNTY OF 3/(vslo P•N•S - Fcraca� WAS', w� `/\ DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. • STATE EXPIRES VEH.YR. MAKE I MODEL STYLE! I COLOR • TRAILER/1 LICENSE NO. STATE EXPIRES TR.TR. TRAILER/2 LICENSE NO. STATE. 1 EXPIRES ITR.YR. I OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY I STATE ZIP CODE 'ACCIDENT BAC COMMERCIAL 0 YES HAZARD ❑YES EXEMPT 0 FARM 0 FIRE ' NO HR R I F READING I VEHICLE ❑ NO I PLACARD 0 NO VEHICLE ❑0.V. ❑OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES I.VIOLATION/STATUTE CODE 1 Fu C co• .a3Fr I ENT o tO ucrou4'rtoA) SraatoA .os OF Cot34UCr) • 2.VIOLATION/STATUTE CODE ilHilll! Iit+l;�ii - ..,,..___,„..„,,,,,A„,.._: i1" •� 111"r F0.0 6.•,/35?(n)() P2OSreu ranQ _cG? Avore5 of 0. o.Z. coP✓ BAIL G s•S.x,0 o? MANDATORY A U.S. FUNDS S'! APPEARANCE MO. DV. YR. TIME AN. RELATED/ DATE ISSUED DATE P.M. Q/ •�CG�r WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I INYE • OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS ON DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE THE ABOVE D PERSON COMMITTED THE OFFENSE(S).AND MV REPORT WRITTEN ON ME RESPOND AS DIRECTED ON THIS NOTICE. BACK OF ENT Ls TRUE LORRE �y� �T�J��(� OFFart ,( / 7� X .,CXC.T 1-.]( LLJI'F!cavJ O IC R n` `�-.]! 0 DEFENDANTS SIGNATURE COMPLAINT/CITATION PO g CRG PLEA CNG FINDINGS FINE SUSPENDED SUBTOTAL FIND/JUDG DATE `_� 1 G NG G NG D BF g g g ABS.MLD TO OLY `--1 TO SERVE 1.' I 0 2 G NG G NG D BF S S g Lil..r g• OTHER COSTS$ WITH ! DAYS SUSP. �. m RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD OF SUSPENSION RENDER DATE COSTS$ KING C p WASHINGTON UNIFORM COURT DOCKET-COURT COPY August tssa Ed KING COUNTY POLICE L . KING COUNT/POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY; August 1994 -._ I . • or _ 4.,UOY Le.C - 7— 1-1 • 7_14=_t __expoac _,040.24 „vex._AA)A—MPNY I/frIZ - gtee-7KT /1(10 t14Got.heu An /.10 bc=r ,iilbaleacs6 A Coucii oAtice• Aso OFR..ricrz A-NO ;f4 LO • SicC_(41+9=4_< .2.5.tM(4/44. 00,uretcr- .pore_____/1,40X/61,/4g \ I c- A/O•cro Gucrni cber; My-awry-J.- - • cuz-r: cstritemelur P72 5412raYte 77 __CrAS e3iSe: thlarr &Air Afriotell CV 40 VO Zvt 60g0 07e,I fen 4)1 aitTA: 1 -- J 40001/00011 40,614040041.040.00_000 ,VE,A7-Er,, STREET 7 •'" Pr, St, DWIS DV:`, DSv rw ' WITNESS NAME ',HONE ets1A416, Amif-cokki _ oe96-7412 C I _ - ZIP rs517_(11 oc.q1: _ _ 644 ___few 1 _ _ I ' Continuation " + lncluen[Numoer' 'Statement ® King County, Police g 5 I_I 1 9 8 ; 4 ; 8 ; 5 )officer's Witness Statement Date ! ime . Continuation/Statement/O.R. 6/21/95; 230 hrs Officers Report Name,(Last, First,Middle) jResidence Phone i Business Phone HENTEL, HAROLD �205-7816 - Residence Address City State Zip ccupation Race Sex DOB 516 3RD AVE SEATTLE WA 98104 POLICE W M DETECTIVE To is Subject ARREST FOR PROSTITUTION AND • STANDARDS VIOLATION As part of an operation with the King County Police Vice Unit, I entered the establishment known as Deja Vu located at So 317 and Pacific Highway South in Federal Way on 6/21/95 at 2030 hrs. I paid a $5.00 door fee, after which I entered the business and took a seat at a table near the front of the dance floor. I was then approached by a white female, approximately 25 years of age, 5'2, 100 Ibs, with long blond hair and wearing a red and white bikini type outfit. She.asked me if I wanted a couch dance, and I asked her about the price. She told me that the dances'were $20, $30, and $40. She told me that the more expensive dances were upstairs in the VIP area, and that they involved more contact. I told her that I would first take the $20 dance. We sat in the seating area downstairs, and•she started the dance in which she sat on my"lap and first thrust her crotch area into my face. She then rubbed her breasts against my face, all the time keeping her clothing on. She then thrust her crotch area against my crotch area and rubbed against my crotch area as well as rubbing my crotch area with her hand. After this first dance, she then asked me if I wanted another dance, and I asked her about the upstairs dance. She told me that they involved more touching, and I told her that I would now take a $30 dance upstairs. I asked her at this time what her name was, and she told me her name is Shelly. We then went upstairs to a corner booth where she again performed a dance while sitting on my lap. At;the first of the dance, she exposed her breasts and rubbed them against my face and put her breasts up to my mouth. She also pulled away the lower portion of her bikini outfit, putting her bare vagina up to my face. After agr covering her vagina, she again put her crotch up to my face and made contact. She did a movemt. , with her crotch against my crotch, and continued to rub my crotch over my clothing. She rubbed her crotch against my crotch and rubbed my crotch with her hands at the same time. She then took my hands and placed them on her again exposed breasts. At the completion of this second dance, she again rubbed her hand over my crotch and remarked that I appeared to be getting an erection. I asked her about the $40 dance next, and she told me that it involved even more contact. I told me that the last dance had been so good, that I almost reached a climax and did something in my pants. I told her that if I was going to do another dance, and that it was as good as she said, I would have to go to the bathroom and put on a condom to keep from making my pants wet. She told me that there was a lot more contact, and that maybe I should put the condom on. She gave me directions to the bathroom, and stated that she would wait for me. I went to the restroom, and returned after a reasonable time during which she would assume I put a condom on. When I returned, she stated that "that was fast". After a short delay while she performed on stage under the stage name Shelly, she returned to the sofa and the third $40 dance was performed. She again exposed her breasts and put them up to my face and up to my mouth. She also again exposed her bare vagina and put it in front of my face. She again covered her vagina and put her clothed vagina up to my face. She then performed a rubbing motion with her crotch against my crotch simulating the act of sex. She rubbed my crotch over my clothing while she performed this action. She also put her face in my crotch area and rubbed the side of her face against my crotch area. During this dance, she also at one point took my hands and placed them over her bare breasts. Following the dance, I asked her if she would make a date for after work, and she declined to make any date to meet later. I then ended my contact with Shelly, and I left the premises at 2120 hrs along with Det Roger Clark. We went to a meet with Det Pat iCovey at a location across ! tficer(s) Reporting Serial No. Unit No. upervisor Reviewing Date ICopies to DET HAROLD HENTEL 03314 203 i ll �CP(C-102)11/92 Page age mofE • 95-1R485 Pagemofj Hentel, Harold the street from the Deja Vu. At that location, I gave him the information I had and the description of the woman I met named Shelly. He returned to the premises, and again returned to our location at approximately 2215 hrs. He had in his possession several photos, and I identified one oithe photos as the female I met named Shelly. She was identified to me as phone She is 5'2, 105 Ibs, on air, blue eyes, 7She will be cited under PROST FVVO 6.239(A)(1) and ENT ORD FWO 6.238.for prostitution and entertainment violation. I completed this report and secured from the scene at 2300 hrs. 1 IN THE KING COUNTY DISTR FED IERCT AL COURT AY FOR THE STATE OFjWASHINGTON ISION 2 NO. CP20098FW CITY OF FEDERAL WAY, 3 � Plaintiff, AMENDED COMPLAINT 4 ; vs. 5 ' . • 6i — Defendant. 7 � 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed las follows: 10 That the defendant, in Federal Way, King County,, Washington, 11 I on or about 0 6/21/9 5, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and !at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed[ her breasts 14 contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 1 16 Misdemeanor, Prosecuting Attorney 90 days in jail WSBA #212 1 17 and/or a $1,000 fine. / P 18 19 Date: 8r �� 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense,j contrary to law. 22 23 24 25 26 27 l 28I FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 1I 2 - 3 � IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 ; FEDERAL WAY DIVISION 5 CITY OF FEDERAL WAY, ) NO. CP20098FW ) 6 Plaintiff, ) AMENDED COMPLAINT ) 7 vs. ) COUNT II ) 8 ) 9 Defendant. ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 06/21/95, did intentionally offer or engage in or 14 agree to engage insexual activity with another person for a fee or hire, to-wit: make contact with genital area for Sixty and L5 00/100 ($60.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attorney 18 90 days in jail WSBA #21 1 and/or 19 a $1,000 fine. 20 Date: 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 i I CRIMINAL TRAFFIC I NON'-TRAFFIC j IN THE ❑DISTRICT I�MUNICIPAL COURT OF F60641`I..JA i KING COUNTY.WASHINGTON ❑STATE OF WASHINGTON ,PLAINTIFF VS.NAMED DEFENDANT ^^O O �� o COUNTY OF KING /��� e�,/ �+c 0 CITY/TOWN OF IJIJA& t.4 / COURT NO. NCIC LEA.NO. 2-17-DDD \ . THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON ` DRIVER'E..U,CS '•m"-- ST,ATE �� I EXPIRES ID"^'^^•"^"` ►,' - A INITIAL I ❑ IF NEW ADDRESS i EMPLOYER , HAIR I:meineurw 13.1"R6 un VIOLATION DATE • MONTH v DAY oYEA TIM HOUR E I T I 0 0 INTERPRETER ON OR ABOUT 6 6 . . I I AT LOCATION M.P. / Y CITY/COUNTY YOOOF'7 '/^'��J Acr.c 3 D OPERATE THEFOLL� HICLFJMLOTOR VEHICLE ON A PUBLIC HIGHWAY AND • VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE MODEL I STYLE COLOR I TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TR LER R LICENSE NO STAT EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE BAC FIRE • NO ACCIDENT C EXEMPT FARM ❑I F READING VEHI LE El PLACARD NO HICL NR R E 0 R.V.ROTHER DID THEN AND THER OMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE Ica CC_ G -23i C�) () PLe J4rrir I . OLATIOWSTATUTE COD /�I� i?i¢i;i;'tility?1Stik?ps fiiii3?Ni �•'.�`!!ii?�7tii}si?}53i ziiFi;siri{3�il�s3i CL / - 3 S / Ill c or CO'S/,Q1 C4 vf)`4I' h `1I1�i1 . . 6ss . I ,D MANDATORY BAILU.S. FUNDS$ APPEARANCE MO. DY. YR. TIME AAA. RELATED/ DATE ISSUED DATE P.M. WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS,OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S),I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PPABABLE CAUSE TO BEUEVE THE ABOVE NAMED PERSON COMMITTED THE ABOVE OFFENSEISI.AND WY REPORT WRITTEN ON THE RESPOND AS DIRECTED/ED ON THIS NOTICE. BAO(OF THIS(COCUMENT IS TTRRUUEE AANO CORRECT. i /� �.J/� /� X yJ u€ I L-4�fa�.Gw OF IC .5 ,, � V 9.4 •9 .13 (� ' DEFENDANTS SIGNATURE COMPLAINT/CITATION i 8 ®: g CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL I FIND/JUDG DATE o IS ABS.MLD TO OLY CD' 1 G NG G NG D BF $ $ O 2 G NG G NG D BF $ $ $ TO SERVE CO OTHER COSTS$ WITH DAYS SUSP. m RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVO a OF SUSPENSION RENDER DATE COSTS$ KCDPS C-1Sm. WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 �J KING COUNTY POLICE 1 • L „OM G -24sar _4r •: •ny (AA c,u44 zv Pc.00142c.. c* IL - coc....m-if 6p kvvi,.. ...._.Pe4g6,0740 re-tio . OA1SJC-6-ti Pot 4-)0 ON. 1.W eiga(16 .E/VaJtV '5L .614.*g21_ ..ece,CD ‘ • - - 1_,60r0 4 /ve -s _i_X_4570.,_ 44.42 Je140, . Pthz-f A/w.2 ‘eAt abaz,4- tv.z # _ e s • _42461w icA _ : Alai4tard7 sok - Zc - Xx.' 44o _<11-AipieZr- ci*iiiii160144040**400.i00401 . ____._. _• _••_____•_ , .• ; '16!:(.7 • r••• • • ' I • I/Y f VP • CASE NUMBER Page 1 d 2 OFFICERS REPORT KING COUNTY POLICE 957198479 FCR NUMBER (DISTRICT DATEVICE CONTROL UNIT 655-H-0 -' 06/22/95 17:19 VIA SUBJECT TO dance violation case file direct On 06-21-95 at about 2025 hours I went to the Deja Vu club located at 31656 Pacific Hwy. So. in the City of Federal Way. The purpose of the visit was to conduct an undercover inspection of! the business. After having relieved a couple dances I was sitting in the VIP lounge upstairs at the club. I was sitting in a couch located in the North East corner of the club. At about' 2110 hours I was approached by a white female. She was wearing a white bra type top and cut off jeans shorts that were cut about half way up her buttocks. The shorts were not buttoned and were folded' down at the waist exposing part of her white bikini top bottom. She introduced herself as Tasha and asked if I would like a dance? I 'said yes and she sat down next to me. Tasha had light brown curly hair. She began her dance by placing her breasts into my face. and with her hand lightly rubbing my genital area. She pulled away from me and with both hands pulled down her bra top exposing her nipple and areola area of her breasts to me. Tasha then straddled my legs facing towards me and began to grind her vaginal area into my genital area. She then slid down my chest and stomach and began to knead her breasts into my genital area. she stood up in' front of me and slid her jeans off revealing her white bikini bottom. Tasha then turned around- with her back to me and leaned forward and began rubbing her vaginal area with her fingers. She then sat down on my lap and laid her head back on my shoulder and started grinding her buttocks into my genital area. Tasha turned around facing me and straddled my legs and grinded her vaginal area into my penis. She continued these types of activities until the conclusion of the dance. At the end of the dance she asked if I would like another one? I told her if I had one more like that I would probably explode in my pants. She started to laugh. I told her I had a $100.00 bill and she said she would get change. Tasha ;came back a few minutes later handing me five $20.00 bills. I told her I would give her sixty if she would do another dance for me. She agreed and I paid her sixty dollars prior to the dance starting. !During the second dance Tasha did not have her jeans bottoms on at all . The second dance was similar to the first with the exception that she spent more time grinding her buttocks and vaginal area into my penis. At one point she had her back to me and was sitting on my lap withsher head on my shoulder grinding her buttocks into my penis. I told her that felt good and she continued this for a considerably longer' period than the first dance. Tashi also rubbed my penis with her hand more often and with greater in tensity than the first dance. She also exposed her breasts to me at several different times during the dance. At the conclusion of the dance she asked if I would like another one and I said no. She said she would check with me later and then she left. I exited the club at 2125 hours and contacted Sgt. Lindner and Det. Fitzgerald of the King County Vice Unit and provided them with Tasha' s stage name and a description of her and her outfit and asked SIGNATURE OF REPORTING OFFICER (NUMBER 'UNITSUPERVISOR REVIEWING I 5,1263 r 1263 I COPIES TO COPYRIGHT O CTAI RESEARCH INC.SEATTLE.WA REV 12/E9 CASE NUMBER P89.2 of 2 OFFICERS REPORT KING COUNTY POLICE 95-198479 DATE • FCR NUMBER DISTRICT • VICE CONTROL UNIT 06/22/95 17:19 655-H-0 O VIA SUBJECT case file direct dance violation them to identify her for me. They went directly to the club and returned a short time later with a polaroid picture that I identified to be Tasha. They also had her true name that they had obtained from her. Her true name being . I then went to the King County Vice Office where I veri ie om her -- Entertainers License picture. I also ran her name nn the computer and found her name and stage name to match. ;ntertainer' s . Lisence # is 8682. as cited into Federal Way Court for Prostitution and Stdr aras of Conduct Violation. 0 • SIGNATURE OF REPORTING OFFICER NUMBER UNIT SUPERVISOR REVIEWING COPIES TO : L r .`5 ;reLi k nogg 263 COPYRIGHT 0 C1W RESEARCH INC. SEATTLE,WA REV 12/89 1 IN THE KING COUNTY DISTRICT URDR THE STATE OF WASHINGTON FEDERAL COURT FOR 2 i NO. CP25180FW CITY OF FEDERAL WAY, 3 . Plaintiff, AMENDED COMPLAINT', 4 vs. 5 ' 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City'of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the07/12/95 defendant,failed in Federaltoremain Way,on Kinga Countystageor o; Washingherton, raised at least eighteen inches above the level of the floor upon 11 on or about , t surface 12 ' which the closest patrons are seated or standing andiat least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Paul D. Wohl Maximum Penalty: 16 Misdemeanor Prosecuting Attorney 90 days in jail ::: 2: / #21 17 d 4 s~ 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense,i contrary to law. 1 • 22 i 1 23 24 25 26 27 28 FEDERAL WAY CITTY PROSECUTOR . . AMENDED COMPLAINT 33530 First Way South Federal Way, TWA 98003-5006 - (206) 661-4027 1 1 • 1 ; 2 3 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 FEDERAL WAY DIVISION Si CITY OF FEDERAL WAY, ) NO. CP25180FW ) 6 Plaintiff, ) AMENDED COMPLAINT ) 7 vs. ) COUNT II ) 8 ) ) 9 Defendant. ) ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 07/12/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Twenty and 15 00/100 ($20.00) Dollars, contrary to Federal Way Criminal Code 6- 239 (a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting Attorney 18 90 days in jail WSBA #2 and/or 19 a $1,000 fine. . 20 Date: 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 25 26 27 281 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 - 1 (206) 661-4031 • • • A). •' tS.+v'i.54,3°Atydr•VA1:.:•,• . — •-- - .. r CRIMINAL TRAFFIC Ell NON-TRAFFIC qsB H?2G308 • IN THE STATE a WIASHINGT ONAMUPWNTIFF VS.NICIPAL UNAMED DERT OF TF E�ENDANT KING COUNTY,WASHINGTON COUNTY OF KING C P 2 518 F W • crTYrtowNOF Fec) DAL WAY I NCIC L-EA.NO. 2.17-000 COURT NO. THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON • ' . MNER•S I Ifl xc w I STATEe �. I E%FIRES � .,u,ee ,ten i W A I .XT)AL . '• . •. .. ��IF NEW ADDRESS •••::..':'''''':''i• ,.....;.;-:' ;14' 't. .Vk.,&.`...',,l'...•;I :rbTrA V a ( Fq.).3 . '•''' VIOLATION DATE MONTH DAY (,YEAR Tt.E , O• 0 INTERPRETER ON OR ABOUT it 7 l a ]S 24 HOUR jt` AT LOCiATION M.P. CITY/COUNTY OF • 3145-4, 441.3. ! Fry W Y ,...:,:.. .:. DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEH.YR MAKE MODEL STYLE COLOR . • - • TRAILER/l LICENSE NO. STATE EXPIRES TA.YR. TRAILER AS LICENSE NO. ' STATE EXPIRES TR.YR. OIRNER/COMPANY IF OTHER THAN DRNER ADORESS CITY STATE ZIP CODE • . ACCOENT BAC COI EACIAL 0 YES HAZARD ❑YES IOCEIAPT 0 FATIM 0 FIRE NO NR R I F READING • VEHICLE 0 NO PLACARD 0 NO VEHICLE 0 R.V. 0 OTHER • DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES I.VIOLATION/STATUTE COOS �V• :. :� �., •.a:.7.;:i * :-: Fwo 6..073X S ANCArZ.O QN CONoucr • • self - Nor�3 .o J Aeveri 6 , ... 2.VIOLATION/STATUTE CODE • FLOO 6•;rt CA)6) .412oarcrurc U YrS ; ; ,. :: .• :` ' •;: i. .. .. O' 2MANDATORYys BAIL (Q SS- f -0 U.S.FUNDS$ APPEARANCE MO. DY. YR TIME AAL RELATED/ DATE ISSUED DATE PM. oB•O! 7 c • S WITHOUT ADMITTING HAVING COMMITTED EACH I GERTIMICIER PENALTY OF PENURY UNDER DE LAWS DF DE STATE OF wAS*GTON THAT I NAVE OF THE ABOVE OFFENSE(S).I PROMISE TO 651FD INS Gil TIE OATS NE AT TIE LOCATION ABOVE.THAT I NAVE PICGAEIE CAUSE TO BEUEWE TIE ABOVE NAMED PERSON CDIMTTFD TIE ABOVE OPFENSEISL AW MY REFOR=MITTEN ON TIE • RESPOND AS DIRECTED ON THIS NOTICE. BADE OAF TIES MG.IS RAMO CORI,ECT X r.N0t-srcbArcu 4... A oT1Co.7 DEFENDANT'S SIGNATURE A COMPLAINT/CITATIcri..-- CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE I G NG G NG D BF S S S ABS.MLD TO OLY A 2 G NG G NG 0 BF S S S TO SERVE Y OTHER COSTS S ' WITH DAYS SUSP. 4'RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD ' \OF SUSPENSION RENDER DATE COSTS S pip CDUATYDICE WASHINGTON UNIFORM COURT DOCKET COURT COPY August 1994 • KM CCIuRY PaICE 'WASHINGTON UNIFORM COURT DOCKET=DOI COPY - . .... .. .. ,, • - . • . 8 .. •-- ' wire-. .•lye* . . - .', ... .. . . • •.•:.',..:4.7..,,./..-:-.•. ' ,''••••: 1,,,A••-•,i1.,..).t.il..•••4:!.,:•..T./4•,-0.....ik. •.-- • - .• ' • .f ,. OFFICER REPORT .• . • • • r.-. . • . . . • - - - . • • 1 t..."C1 I .. • . . . . • isi .... 1 •• •. . • . • . . . • . . • . !. :.)',p ••. V.. •., ' • . i , w Fa(*vow :. 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S cAts rtskS u.t-D a.I SP c3t.T c Ar r0 I.144192. l3X.arE3D 131E W.L8 Ar APpante. 013 WA., ComrAGrstl OFF. E'&GMIA.0 1Geu0 1470 11irrn .r/MA IY ( TI4 E �/F 13ur6Tt, v 42 No. r.N. ..t -1-&SsA "oat. rap». to Otfwr .voronc 67760 o267 l 1028) 1A1 Page n d j Y__ I . . 1. ,Crunweon King County Police 9 g - as G 3 0- a ° 511N""" '' Continuation/StatementlO.R• O?•(a• O otINN emr Repor.sut.m.nt R.sideno.Phoe. •ewirwss MomDi (� Name(Last.First.Middle) , x :�: '. .,. tlOt1 p v . � State - • tiO4•' a me Address To 131512,1TTr O A'. CA) ' CI'rSG ram � �D la.. ■:� t [���� all a . !. 1; - .ref • /dAW�U • • i 1111: .. W F CO �r • IA .:1' . AO AY, -r :;!II r1_.:1 A.!'--1 .• 0 • J. ruarm ►gfl7 i of : _ . g+un 5e14i.1 ate c 8 c a' $! ..db 2 . • li V • rf. a 1 . .-1_, • . . ox lij .. • a . • . • • . a 1 . .-I_ .A 1 .. • a , i . . . .. . rial No. •- P � viw r. in at. Copies to . . reporting • 160 a 6 y _ papa of 1(C.1026) 1N1 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION 2 CP20085FW CITY OF FEDERAL WAY, ' NO. 3 Plaintiff, AMENDED COMPLAINT 4 '. vs. 5 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of! Violation of Adult Entertainment--Location Restricted, committedjas follows: 10 That the defendant, in Federal Way, King County, Washington, . 11 on or about 04/12/95, failed to remain on a stage or ;other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #212 17 and/or a $1,000 fine. 18 lip �l 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (;206) 661-4027 r° • -- -- _ CRIMINAL, 11.TRAFFIC P NON-TRAFFIC IN THE 0 DISTRICT NtrolUNICIPAL COURT OF KING COUNTY,WASHINGTON STATE OF WASHINGTON ,PLAINTIFF VS.NAMED DEFENDANT A wA O O I �r I .. • mY/OWNN OFNGF D AL. &JAY • `LJLJ 'HI/',Vlr NOG 1 P.NO. 2-17-000 COURT NO. THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON n ,..�.,.....__...._... STATE EXPIREm.�.��-.�. MS 3 I _,A I - . INITIAL • 0 IF NEW ADDRESS • ' EMPLOYER ' . j0C.7i4 - Uu pHAIR RESIDENTIAL PHONE NO. AR 0 ON OR ABOUT 0% - /1 . lY,,,� 24 MHOUR a 03 0 INTERPRETER AT LOCATION M.P. CITY/COUNTY OF %6S6 P4 c:�.— f/e i 3e . Fe�,a. l,si9 Y. DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE UCENSE NO. STATE EXPIRES VEH.Y MAKE MODEL TYLE COLOR TRAILER RI LICENSE NO. STATE EXPIRES TR.YR. TRAILER I2 LICENSE NO. S TE EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN IVER ADDRESS CITY STATE ZIP CODE ACCIDENT BAC COMMERCIAL 0 YES HAZARD YES EXEMPT 0 F 0 FIRE >NO NR R I F READING VEHICLE 0 NO PLACARD ❑ VEHICLE 0 R.V. ❑OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES t VIOLATION/STATUTE CODE 144 0 6-Z39 ,51i4/..vp e.tls iE ig. c.omo LA cT- u c LA1 )N 6S? ^ IA- © © -g, 9S- J203 .1S i Ui izio. ' : ii`2: 2.VIOLATION/STATUTE CODE ;??»�ifiltiriliii3'i, titSjillirttt:,;t(ii?�ilizes L1ts Sisetidl�fi . +4$ I\ \ • BAIL MANDATORY!: U.S. FUNDS$ APPEARANCE MO. DV. YR. TIME A.M. RELATED I DATE ISSUED DATE P.M. WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON 1HAT I HAVE OF THE ABOVE OFFENSE(S),I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE RESPOND AS DIRECTED ON THIS NOTICE. BA THE ABOVE NAMED PERSON TRUE �E ABOVE OFFENSE'S].AND MY REPORT WRITTEN ON THE ` CT. XLIj OL-s T , AIMP 3.-Ls- it �YJC..�;o 1C ; o -ocif C) DEFENDANTS SIGNATURE TI z COMPLAINT/CITATION 1\3' CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE CD P, 1 G NG G NG D BF S $ S • ABS.MLD TO OLY CD 0 2 G NG G NG D BF S $ S TO SERVE Co U : OTHER COSTS$ WITH DAYS SUSP. Cr "' RECOMMENDED NONEXTENSION LICENSE SUR- RENDER TOTAL CREDIT/TIME SVD � OF SUSPENSION DATE COSTS S _ KING COU nroLICE . WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 L KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY TONG COUNTY POUCE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 I I (OFFICER REPORT -.-OA?- oy__!;Z y,s- A r .. 4.,0our�4 34> . -•(.5---.. /0---4J`_sc •6i 1)'`' /.JD Ce< -covet _-_.Z .sl_Ec co4,• of i P c r.NDu ct��.• .[P(Lf CA(O A'fio. o) Coct j4 okto.rc .,iV l.,,i:'Zrff 4'. 0 <<'4 � ,E-/ :€1 Fob( D6iIIL 3�. A; G�ttz(.g I Pd Uou-i zx,4 i V e_40A:N_ce _£ Pv�_o_.. .. 11 t�. ,3,Le9fr i • A u 1_ 6_A �� .A46 - 1l <r dccIe‘,ccp • ' / H j • 1 1 0 1 I ; i - ;. i I I• - t- i i.c"T.i_ l2c3.1b • • `O Statement King County Police 0 3 ? s O ousWitnessStatement Continuation/Statement/O.R. �" Tin,. offi ❑ officers deport ( •/3 • 9 S Name(last.First.Middle) Residence Phone Business Phone race Address City State Lp Occupation Race Sex DOB To Via Subject (Ass FJ.cr Oz4ccr- 04N«- v_oCA r . 04-12-95 at about 2030 hours I went to the Deja Vu club located at 31656 Pacific Hwy. So. in the City of Federal Way. The purpose for the visit was to conduct an undercover inspection of the club. After gaining admission, I went and sat down on a couch located at the east side of the club. A few minutes went , by and several dancers had asked me if I wanted a dance I accepted from She led me over to a couch in the north east corner of the club. As I sat down I asked her name. She - said her name was Kat. Kat is a white female, light colored hair, about 502, thin build, and was wearing a two piece outfit. During the dance Kat exposed both of her breasts to me, .and at one point rubbed her right breast in my face. Kat also stood over me and. pulled up on her string bikini which exposed her pubic hair and part of her, vaginal area. ' She straddled my lap with her back to me and began to rub her buttocks into .my groin to simulate intercourse also during this time she reached with her hand and rubbed my penis from outside my clothing. After the dance she asked if I would like another one? I declined and went back to my seat. On 04-13-95 I was able to identify Kat from her Federal Way entertainers license #094 and King County license # 4115. Kat shows two names the first name is the second E Joth with- the same birthday and physical description. . is the name she is currently using. Kat is listed as • stage name on her renewed Federal Way license card. ' cited into Federal Way Court • for Standards of Conduct violation via citation #CP20085FW. /// /' . • • C fig' `71 r7 Officer(s)reporting Serial No. Unit No. ISupervisor reviewing Date jcopies to E< < = • c" �. ._'( KCP (C-102C) 1/01 Page ' 0t L 17 IN THE KING COUNTY DISTRICT FEDERAL COURT DIVISIONOR THE STATE OF WASHINGTON WAY2 NO. CP20083FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 vs. - 5 6 1 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 03/22/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her breast 14 contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21 1 17 and/or 1 a $1,000 fine. 18 l//c1 19 Date: 20 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense, contrary to law. 22 23 24 25 26 27 I _ 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, IWA 98003-5006 (206) 661-4027 w t CRIMINAL 1.1 TRAFFIC `� NON-TRAFFIC ' IN THE ❑DISTRICT iAUNICIPAL COURT OF D • LP)AY KING COUNTY,WASHINGTON STATE OF WASHINGTON ,PLAINTIFF VS.NAMED FENDANT ^w^O O^ ^ ir Nac LINTY OF KIN LC� _ , fV fI c VM J{ CITY/TOWN OF { � ���=rA. e.1 p 4 6 z-n-000 COURT NO. THE UNDERSIGNED CERTIFIES ANDSAYS THAT IN THE STATE OF WASHINGTON Q°p nIICIMFN.SE NO. lliISf/,///1� . I v'••,,ro.,I1,0 WMAL • 0 IF NEW ADDRESS EMPLOYER • • yi• d RESIDENTIAL PHONE NO. /Y � l,�A�v,� VIOLATION DATE MONTH. _ -_-DAY /';YEAR . TIM El INTERPRETER ON OR ABOUT 02 al, M.P. M S 24 HOUR nD.0a� /� AT LOCATION /COUNTY OF 3 j FJ PA-C �ILI/y cJ(D Cm r C:0 L 4 5 DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES IN VEH.YR. MAKE MODEL LE COLOR TRAILER/1 UCENSE NO. STATE EXPIRES TR. R. TRAILER/2 LICENSE NO. STAT EXPIRES TR.YR. OWNERICOAIPANY IF OTHER HAN DRIVER ADDRESS CITY TATE ZIP CODE ACCIDENT I BAC COMMERCIAL ❑ YES HAZAR ❑YES EXEMPT 0 FARM ❑FIRE NO NR R I F READING VEHICLE ❑ NO PLACARD NO VEHICLE 0 R.V. OTHER DID THEN A THERE COMMIT EACH OF THE FOL OWING OFFENSES 1,LIOLATIONISTATUTE CODE hAIA. 6 (0 •�3� SirAbofrtni 6 p or- b -•• n S---7 _II, a r) • A. 2.VIOLATION/ST T E CODE iti n:i41:I:i?IIt.100;:iti8138ria>is�i ittt#?$IfViL;Siiii!?iai iiiii> r BAIL MANDATORY 0 U.S.FUNDS$ APPEARANCE MO. DY YR TIME A.M. RELATED/ DATE ISSUED DATE P.M. - WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UIGER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE IHE RESPOND AS DIRECTED ON THIS NOTICE. SACS ABOVEF TFIS DDawe�TRUEAANDCCORREa VE� IS)''W/D}yw REPORT WRITTEN ON THE XVCC�+ { OF l—Ls. t / VDEFENDANTS SIGNATURE OFFICER // ( f(fl 10 >• PLAINT/CITATION I\Z A 0 CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE 1 G NG G NG 0 BF $ $ $ ABS.MLD TO OLY 6 2 G NG G NG D BF $ $ $ TO SERVE Cam' td OTHER COSTS$ WITH DAYS SUSP. C.A) `rS RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD '-rf OF SUSPENSION RENDER DATE COSTS$ — 4 KINGS COUNTY POUCE WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 1 KING cowry mum WASHINGTON UNIFORM COURT DOCKET-DOL COPY L KING CC POPgxE. WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 • .. 6FFICER—SIEPITR---.---T . -- ------ . . . ---- -OM 03 q-5- A I ____h_cl.c_NI-7___a_g_,t1,....tv,.5___4,7________ . 1 NO.0460._A if X‘1 •?.':' C A ft.,C 0 .0A 4 I Cce. ._e_a 4, Art. _DI/404K__ line. __,f);+:46-. _ .6 .;:.:_e 64 le I:tic .511i9.6ekniag_ or _ . 1 . . caatair o_vx:-.A-imia zw K. e.,--71- cs *- Pealac i • . ..$ .• A ti o 0 Icmt P&IZA;(4.," .• AO „04/-icel 671A..f eW I g 1 jje L A .1.g111L__. /...29 I 1 • '1V—it.""---- _...._______ ,. . it' I S i ,--.------ ----------------.--------H------2"---I . • 1 .--.-------------------------,---.--------.------ I . . i : .1 1 I , ----------- • . 1 -------------------L____. ----_--7- ,; , 1 : -------'_-- 1 ,------------ _ , i -.------------- , 1 1 .***4100444044k38 : ziliil . 1 • 1 - . . , 1 i . I • I 1. TRA=FIC NI-.17 r•E• STAEE i i LT 10'..-M HV C.. Rt. r C. SN 1 VI i S 11 D DWN DEK DK • NITNESS NAME.LAST.FIRST NI 1, -- PriONL . I ••••:,.)FikoS '.1"• i 1 • . I . • II• . — ... - . . . . .. . 1 . , ❑� cO"ti`"o. ` ' King County Police 9 ,5 ,-"I., 0, 0 4, 4, 6 , • - ' ❑ Officers Witness Statement ' Continuation/StatemenVO.R. I-I Officers Report 3Residence Phone (Business Phone C Name(Last.First.Middle) • . City Slate LP OccupationOB Race Sex D Sense Address To case file I Via direct re* prostitution On 03-22-95 at about 2010 hours I went to the Deja Vu club located at 31656 Pacific Hwy. So. in the city of Federal Way. The purpose for the visit was to conduct an undercover inspection of the club. After gaining admission I went and sat down at a table at the east side of the club. A few minutes ( later a dancer later to be identified as asked if I would like her to dance for me? I said, maybe in a few minutes I just walked in. .After about 3-4 minutes went by —. :ame to me and said they were having a two for one' dance if I wanted one. I said o.k. _ :old me to come with her. She led me over to a couch in the north east corner!a club. As I sat down I asked her name. said her name was I asked her how long she had worked at the club? She replied about two years. Toth said she also worked applying make-up. It....„J is a white female, in her early 20 's, light brown hair, about 507-508, thin build, wearing a one piece outfit. During the dance ant down in front of me and put the top of her head in my lap and started moving her head back and forth running over the top of my penis. `jexposed her left breast tome while laying across my lap. She also straddled. my lap with her back to me and began to rub her buttocks into my groin to simulate intercourse. After the dances were concluded . tsked if I would like another dance? I declined and went back to my seat. On 03- 23-95 I was able to identify ' from her Federal 'Way entertainers license #059 . -wimili cited into Federal Way Court for Standards of Conduct violation via citation #CP20083FW. / ' / .--- ./ w ow . IOfficer(s)reporting Serial No. Unit No. !Supervisor reviewing Date Copies to I & (-4-;L 3. S • i Cyq-o k' 2C ? KCP (C-102C) 1/91 Page ( of FT • t 1 " IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION 2 CP20084FW CITY OF FEDERAL WAY, NO. 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 6 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of' Violation of Adult Entertainment--Location Restricted, committed; as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 03/22/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and, at least six feet from the nearest patron, while appearing in' alpublic place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed heir breasts and 14 vaginal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 Misdemeanor. Prosecuting Attorney 90 days in j or ail WSBA # 251 17 and/or a $1,000 fine. u �( C 18 #/ 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense; contrary to law. 22 23 24 25 26 27 28 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, *A 98003-5006 (i206) 661-4027 'hi S — - ."" CRIMINAL 1.1 TRAFFIC a NON-TRAFFIC IN THE 0 DISTRICT }MUNICIPAL COURT OFDEFE—CA f j .1 KING COUNTY,WASHINGTON • ❑STATE A NHINGTOnTPLAINTIFFPNTIFF VS.NAMED MT CP20084 anCI"CITY/TOWNOF moo. toA4f 4'LS 1no'K7 --- NC LEA.NO. 2-Ti-000 COURT NO. . THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON rwn�r•c„ecuce X ES D A_rA Ec I�7 _ INITIAL • 0 IF NEW ADDRESS TOYER • HAIR RESIDENTIAL PHONE NO. iSt ( —) uti'k VIOLATION DATE — MONTH DAY YEAR TIME ❑ INTERPRETER ON OR ABOUT O •2`,-- T �/ 24 HOUR 1[-1 AT LOCATION 31 bs6 Y/I M.P.�G`I/ se, Cfil'ICOUMY OF 6 DID OPER TE THE FOLLOWING VEHIOL.FJMOTOR VEHICLE ON A PUBLI GHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEIL YR. MAKE MODEL S COLOR . TRAILER/f LICENSE NO. STATE EXPIRES TR. R. TRAILER/2 LICENSE NO. STATE EXPIRES• TR.YR. OWNER/COMPANY IF OTHER TH DRIVER ADDRESS CITY ST ZIP CODE • ACCIDENT BAC COMMERCIAL 0 YES HAZAR 0 YES EXEMPT ' 0 FARM FIRE NO NR R I F READING VEHICLE ❑NO PLACARD NO VEHICLE ❑R.V. THER . DID THENANC THERE COMMIT EACH OF THE F �L/OWING OFFENSES pt.) C!TATVIE CODE 4-1.?S -4•r /./�A0i OF CcAipcci U 6(A-T • 2.VIOLATION/STATUTE CODE ' :Ii:I4NO.Nilfivtih;%8RiiiiliL: /P H~itiUliil�i?4i$68I10 0 i2t}ti1t'RI • • ' BAIL • MANDATORY U.S. FUNDS$ • APPEARANCE MO. DV. YR TIME A.M. RELATED I DATE ISSUED DATE P.M. WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERAIRY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF OVE OFFENSE(S).I PROMISE TO ISSUED INS CN THE DATE AND AT THE LOCATION A�THAT I HAVE PIKOSABLE CAUSE TO BELIEVE ABCNE NAMED PERSONPORT RESP DIRECTED ON THIS NOTICE. BACK THE THIS DOCUMENT LS TRU=MATTEOCORRECT. f NE ABOVECOL ANDMY� WRITTEN ON n DEFENDANTS SIGNATURE A...• / 1113 COMPLAINT/CITATION I\) CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATECD R I G NG G NG D BF $ $ S ABS.MLD TO OLY O 6 2 G NG G NG D BF $ $ $ TO SERVE CO Sa OTHER COSTS S WITH DAYS SUSP. RECOMMENDED NONEXTENSION LICENSE SUR. TOTAL CREDIT/TIME SVD .� OF SUSPENSION RENDER DATE COSTS$ _KCOPSr 1 Kl cowrrvFouca WASHINGTON UNIFORM COURT DOCKET-COURT COPY . August 1994 I �. KING COLMTYPOUCE WASHINGTON UNIFORM COURT DOCKET-DOL COPY " I _Ken. couRY POLICE_. WASHINGTON UNIFORM.COURT•DOCKET-DEFENDANT COPY_ _August I994• i • OFFICER REPORT • 0/0 _Oa: Le/ 41..S. Aô 3 fric -azti661.)_zd_a =. __ --- • . __fiefice__ce•sA__v_k_omes±_citifIe Isvcd- ,Oce 444.. N.zW1 _e_fhiighhat - OF.00.906.0-1__OXIDZ?ft_0 -ti`t:I _• 1TAICIle-V___.6 Folk _ 40Ado,gictz,v 171-6 folYe V 4 A Xtee-- •1#271- o'cr_z1 )Cr•i9 Gq_ 1 I 03104.4if:431i*noii)emoilivIE • • : LIGHT LIZZ' I .7._ •. Dv.,71 TSK DK -•••AMF CAS IP:sT • PHONE -^ — •• . . • • 15 • Inw dent Humber ,— Continuation King County Police 9 ,5 ,-�, o, 0 4, 4, 7 p stat.matt ® D,te rim. p Officers Vine's Statement ® Continuation/Statement/O.R. 03-22-9 5 to Officers Report Residence Phone Business Phone Name(Last,First.Middle) ' mice Address City State Zip Occupation Race Sex DOB To case tile Iva direct rucleo dance violation On 03-22-95 at about 2010 hours I went to the Deja Vu club located at 31656 Pacific Hwy. So. in the city of Federal Way. The purpose for the visit was to conduct an undercover inspection of the club. After gaining admission I went and sat down at a table at the east side of the club. After receiving a dance from another entertainer I returned to my table at about 2025 hours. After a few minutes another dancer approached me and sat down on my lap. She said her name was Dana and asked if I had been in the club before. I told her I had been there a few times. While I was talking with Dana she had her -right hand on my penis on the outside of my pants. Dana was wearing a long slinky dress that had a slit up the front of it that went to about her waist. A waitress asked if I would like to buy Dana a drink? I said not right now she is going to dance for me. Dana then -led me by the hand to a couch located on the south wall of the club. Dana told me she was going to be leaving soon as she might go to work down in Las Vegas. During the dance Dana exposed both of her breasts to me and rubbed her clothed breasts in my face. Dana also luring various parts of the dance had her' hand on my penis on the outside of ny pants rubbing back and forth. At one point in the dance Dana straddled my lap facing towards me. She then laid back and arched her pelvis up and with her left hand she moved her underwear to the side exposing her vaginal area to me. After the dance was completed Dana laid in my lap with her hand on my penis and said lets go upstairs. I told Dana that I was just about out of money. She said go to the cash machine. I told her no. that I needed to get going and she let. I then left the club. On 03-23-95 I was able to identify Dana as name is Dana) from her Federal Way entertainers license #037. was cited into Federal Way Court for Standards of Conduct violation via citation #CP20084FW. OftiaatpQortia. R.. Ellis #0 7 6B90102 6 3 Unn No. Supervisor reviewing Date .Copies to - f KCP (C-102C)'1A1 Pape rid 11 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 1 FEDERAL WAY DIVISION t I j 2 NO CP20087FF= 1 CITY OF FEDERAL WAY, . 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 6I I Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County, Washington, 11 on or about 05/02/95, failed to remain on a stage or ;other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in al public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her vaginal area 14 twice contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 1 15 Paul D. Wohl 1 _' Maximum Penalty: 16 Misdemeanor. Prosecuting Attorney jail days in WSBA #21 5 /)1(114/ 17 and/or a $1,000 fine. /18 . lew-Y)-::: 19 Date: 9 95 I 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she, has reasonable grounds to believe, and does 21 believe, that the defendant committed the offense', contrary to law. 22 23 24 25 26 27 28 FEDERAL WAY CITY PROSECUTOR . - AMENDED COMPLAINT '3 3 5 3 0 F1irst Way South - Federal Way,: WA 98003-5006 1(206) 661-4027 1 • CRIMINAL" 1.1 TRAFFIC ! NON-TRAFFIC KING COUNTY,WASHINGTON IN S4 �1W''S HINGT *MUNICIPAL PLAINTIFF N IF COURT OF C P 200 8 7,Y I 11 SINE vr-wASHINGTON PWNTIFF VS.NAMED DEFENDANT^ L�W ,06UNTY OF KITj ,=10 C �Qc H CrtYrtOWN OF `+�'+L/[�' WRY NO. ' OG L.E.A.NO. 2-17-000 \.• THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON \l nmvFir¢I Y,r•, - _ it STATE EXPIRE ISSN B CV) - . r J Is- s u,r,e, • ❑ IF NEW ADDRESS EMPLOYER • . • *ES HAIR Ree,ncunu o,4,4,4 un . • VIOLATION DATE MONTH DAY G`YEAR TIME I �S� ❑ INTERPRETER ON OR ABOUT O S - O�. _ 1.-` 24 HOUR AT LOCATION CITY/COU ,J 016S( PPcijz - �iy S- r/J. C Ay DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBUC HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEX.YR. MAKE IMODEL STYLE ICOLOR TRAILER 41 LICENSE NO. TATE EXPIRES TR.YR. TRAILS /2 LICENSE NO. STATE 'EXPIRES ITR.YR. OWNER/COMPANY IF OTHER THAN DRI ER AD SS CITY STATE ZIP CODE ACCIDENT BAD COMMERCIAL YES HAZARD ❑YES I E PT El FARM ❑FIRE NO NR R I F READING I ❑VEHICLE ❑ NO LACARD ❑NO VEHIC ❑R.V. ❑OTHER • . DID THEN AND THERE COMMIT EACH OF'THE FOLLOWING OFFENSES VIOLA"`ON/STA E DE (,.I O - 6. ) 15 i MNROS.)r r ioA)01{. ri Via)CA1-2 6/f /S`1 \ -0 qY- 13(LIC,`( ; _, .ig)1�::*.,6`i/ll2iit444;i.33.38!)>00;i4iiii1i?:0,1,iii i§liiilNii Z. iOLATIOWSTATUTE CODE I BAIL MANDATORY 0 U.S.FUNDS$ DATE P.M. I MO 1 DV I YR. 'TIME RELATED I DATE ISSUED WITHOUT ADMITTING HAVING COMMITTED EACH I CERRFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED TIES ON THE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BEUEVE THE ABOVE NAMED PERSON COMMITTED TIE ABOVE OFFENSFISL MID W REPORT WRITTEN ON THE RESPONDON AS DIRECTED ON/THIS NOTICE. BACK OF THIS DOCUIENT IS TRUE AND CORRECT. ,e� V)E5 .1-2 PI la)(1Q1 °EN , yy DEFENDANTS SIGNATURE 113 COMPLAINT I CITATION N � FIND/JUDG DATE CRG PLEA CNG FINDINGS FINE SUSPENDED� SUB-TOTAL CD G NG G NG D BF S $ S ABS.MLD TO OLY 6 2 G NG G NG D BF S S S TO SERVE 00 0- OTHER COSTS S WITH DAYS SUSP. `2 RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD "" OF SUSPENSION RENDER DATE COSTS S• KCDPS C-ISB EEl WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994,,,,,eL--1 XRIGC NRTTI POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY _ KING COUNTY PDUCE WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 __ •••,••••••••••.•••••••1•-•IMAI,C,1••••,..,,... • I • I • „,„;::,.iiiiiirvoni .-----:---- • —4-- : I OA) .C: 9-_._q-5 — A (._ .2_6 tso. ____ .._. _ a, I Pi DAYAi CE.. F.ON ../-.)0 A f.__I-P 47_64/-IA v..i t.. ....__ H.. ..7 rc, F ).6.,o2. L . ..(.43.r.v... .,<1 cz l e.A-r6v i .I ' cW4OAW or (a)Ducr eo.41916 ./7/1 erL DdiUce% _ . i 5 .El 41fAirD __GFC... ..40.s.1C_ Cog. 4eart-c - . . . ..: "I : ,,--- 144 it - u..#6:DA( ifrx 669 TZ de.4e- ::', I OCC..cala_ Z.-1,41 ikZa‘ 4 0 • , , . . 1 • 1 ' I i I . • I • • 1 ' 1 i i'0.0**001114013004840W*i [ . . 1 1 . , _... . _._ .. _. . e - ..... • !-- • ....-.7;-7:7:1-::---7— >;•P'E:E.' I I I 1 .. PC. St4 .-L-- .• ..... ---...- . . .. . . . . . i• ..-..... .. . _ - .. I. • ,:i TY . , .!':' i.i:.,i-.. .. ".:•.•:::-... :.. I .. 4 sT • 13 7V6.V • • , ...._. ... ... . .... ...... . . . . • • 1 ... . . .. . . Indent Number ' ' '_ ° 'on ® King County Police - St feanent ® 9. S - ., 3 4 6 4 o 's" Statement Date Continuation/Statement/O.R. 03-22 95 n Officers Report -' les(Lest,First.Middle) Residence Phone 'Business Phone R, »Address City State Zip Occupation Race Sex DOB • To CASE FILE a DIRECT • DANCE VIOLATION P . On 05-02-95 at about 1945 hours I went to the Deja Vu club located at 31656 Pacific Hwy. So. in the city of Federal Way. The purpose for the visit was to conduct an undercover inspection of the club. After gaining admission I went and sat down at a chair to the south of the stage and watched the stage show for about a half hour. I then went and sat on a couch along the south wall. At about '2045 hours a dancer by the stage name of Kala sat down next to me and started talking. A few minutes later the announcer said there was a free dance. Kala asked if I wanted one which I agreed. Kala performed the free dance in which she straddled my lap and was grinding her buttocks into my groin to simulate intercourse. After the free dance she asked if I wanted to pay for, one? I accepted the dance. During the dance Kala continued grinding her buttocks into my groin. Twice she exposed her vagina to me. The first time she was straddling me facing forward and she slid her black bikini bottom to the side fully exposing her vagina. The second time Kala was straddling me with her back to me and again pulled her bikini bottom to the de exposing her vagina. After the dance was over she asked if I wanted .pother one? I asked her what that would get me? She said we could go upstairs I said what would I get up there? She said a better dance but would not be specific. After a few minutes of conversation I declined and then left. I contacted Reserve Officer Mike McCoullough and asked him to identify Kala for me. I gave him her stage name and a description. Kala was an Asian female, 20-25 yrs. old , wearing a grey tank top cut of at the stomach and black bikini panties. She had medium length black hair. A short time later Ofc. McCoullough returned and said he identified Kala asf On 05-03-95 I verified her name from D.O.L. I then found her name and picture in the Vice Unit files. On her entertainers license;`-uses the last name of I was able to identify her from her picture and all her other information matched. Her entertainers license number was #8805. was cited into Federal Way Court for Standards of Conduct violation via citation #CP20087FW. ck_2 �g Officer(s)reporting Serial No. Unit No. Supervisor reviewing Date Copies to ELz s.k 01.c9a 26 3 KCP (4102C) 1191 Page 1 of I 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION I 2 ! CITY OF FEDERAL WAY, NO. CP20080FW 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 Defendant. 7 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime of Violation of Adult Entertainment--Location Restricted, committed as follows: 10 That the defendant, in Federal Way, King County,. Washington, 11 on or about 03/14/95, failed to remain on a stage or lother surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in a public place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed her left breast 14 contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Maximum Penalty: Paul D. Wohl 16 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21 5 17 and/or a $1,000 fine. 18 &a 19 Date: 9 95 20 The above-signed Prosecutor does certify, under penalty of perjury, that. he/she has reasonable grounds to believe, and does ' 21 believe, that the defendant committed the offense, contrary to 22 law. 23 24 25 26 27 28 AMENDED COMPLAINT •FEDERAL WAY CITY PROSECUTOR 33530 First Way South Federal Way, WA 98003-5006 (*) 661-4027 • CRIMINAL MI TRAFFIC 0 NON-TRAFFIC IN THE 0 DISTRICT ig MUNICIPAL COURT OF 1 )-WA// - KING COUNTY.WASHINGTON ❑STATE OF WASHINGTON .PLAINTIFF VS.NAMED DEFENDANTC^f�O®8 O ❑COUNTY OF KIN�� Q P c r • CTTVROWN OF l Lw L f.I(tY -j+S 613 51'T No Nac2.17-000 THE UNDERSIGNED CERTIFIES AND /i SAYS THAT IN THE STATE OF WASHINGTON --..— INITIAL I s /% I E2 RG. .......,r...s .� L INITIAL "� ❑ IF NEW ADDRESS { EMPLOYER ��ij (�;/ C Lair' HAIR RESIDENTIAL PHONE NO. __ - . B( ( - ) UN' VIOLATION DATE MONTH D/yJY YEAR TIME El INTERPRETER ON OR ABOUT O 3 M.P` -/ s 24 HOUR OZ o 3 O AT LOCATION �� . ` CT'/COUNTY OF PAc.zrrc. //wY s 0 DID OPERATE THE FOLLOWING VEHICLE/MOTO VEHICLE ON A PUBLI HIGHWAY AND VEHICLE LICENSE NO. STATE EXPIRES VEH.YR. MAKE MODEL TYLE COLOR TRAILER/1 LICENSE NO. STATE EXPIRES TR.YR. TRAILER/2 LICENSE NO. ST TE EXPIRES TR.YR. OWNERICOMPANY IF OTHER N DRIVER ADDRESS CITY STATE ZIP CODE • • ACCIDENT BAC COMMERCIAL ❑ YES HAZARD YES EXEMPT ❑FAR ❑FIRE ' >1/0 NR R I F READING VEHICLE 0 NO PLACARD 0 NO VEHICLE 0 R.V. 0 OTHER DID THEN AND THERE COMMIT/� EACH OFj�THE FOLLOWING'` OFFENSES/ EN _I' yWOUT0 TATUTE CODE ' ll�WD/�, V copuju`f �.1-O/4 - • C(S?- /- . o o -z • Took oss4.4 t0i4.41ivoii;im z4iiiNiz3 .8i$ 2.VIOLATION/STATUTE CODE • BAIL MANDATORY S. FUNDS$ APPEARANCE MO DV. YR. TIME A,M. RELATED• DATE ISSUED DATE P.M. • WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE.THAT I HAVE PROBABLE CAUSE TO BELIEVE THE ABOVE NAMED PERSON COMMITTED THE MOVE OFFENSEISI,AND MY REPORT WRITTEN ON THE RESPOND�� ASIDIRECTED ON THIS NOTICE. BACK OF THIS DOCUMENT IS TRUE AND CORRECT. �YJVi. SI�,A'rT�N OFFICER nJ{� •O�O'fC P DEFENDANT'S SIGNATURE ,C COMPLAINT/CITATION NI X CRG PLEA CNG FINDINGS FINE (SUSPENDED SUB-TOTAL FIND/JUDG DATE C) CD 1 G NG G NG D BF 5 $ $ ABS.MLD TO OLY 0 2 G NG G NG D BF S $ $ TO SERVE CO OTHER COSTS$ WITH DAYS SUSP. C) m RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD `` OF SUSPENSION RENDER DATE COSTS$ KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY _ • KIN.000UNTY POUCE WASHINGTON.UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 1 , . • _ . .....:._ - . . . : . •:.7..'.... Z,Y,:.-J.:,.: . -- 1 -• '. :.:.. :..1 -_,:::_-_::.i ...: '1 ilIvIci ,L.• 1 .. ... ..., ,• ••• . I ^,:-,- n...J '.:, - : "• ::.' - I 1 _ _ I , I . 1:144f401;li`q4,40.g.tlit.f01titit•WSittihRiOig / I._ I — - , ----- I — . -raYV--,fir;r755W:r7girerr°57F-- .-9,Vd r --- :-a-143-37/21y--677-67---ismr--37,7)—y-sr72cogri iLlyu----i,-;-3--1-t--70 --ricr4J—g)7Y9V—fr-m, -Verii-V57/11,,LW-, 0--/7-17Cri-3W1 '-# —19PP"-7W/,'Pri /11I677-35-4e77-15? '—'-'r-41r---'"VA;9T—rir-2—C-93-; - 1 NO --$7,77---s--47)- • s.6• - . . . . °n King County Police p sum + n, R r a p Officers Witness Statement Continuation/Statement/O.R. 03-14-95 07 Officers Report • A—Name(Last,First.Mom) Residence Phom Bus mu Phom lance Address City State Zip • Occupation Race Sex DOB To Via CASE FILE DIRECT ANCE VIOLATION On 03-14-95 at about 2020 hours I went to the Deja Vu club located at 31656 ' Pacific Hwy. So. in the city .of Federal Way. The purpose for the visit was to conduct an undercover inspection of the club. After gaining admission I went and sat on a couch on the East side of the club. After a few minutes a dancer later identified as asked if I would like a dance. I told her not at this time but maybe in a few minutes. About 5 minutes later returned and asked if I would like a free dance, as the club was offering all the customers a free dance. I accepted and . told me to follow her to a couch in the North East corner of the club. told me her name was Rochelle. During the dance Rochelle exposed her left breast to me and rubbed it in my face. Rochelle then reached under my sweatshirt and began to search for my belt. After a few seconds she asked what I was wearing and "I told her overalls. Rochelle then reached in the side of my overalls with her right hand, she went under my underwear and began fondling my pubic hair, as she could not reach my genitals because of the reach. when the dance was over she said she would continue but that she had to go on stage. I went back to my original seat and heard the announcer introduce Rochelle on stage. After a few minutes I left the club. I returned to the Vice Office and found full name and date of birth in the entertainers file Federal Way #124. _ was cited into Federal Way Court for Standard of conduct violation via citation #CP20080FW. • IOfticer(s)reporting Serial No. Unit �Supervmsorreviewing Date ICopies to 1 ; 1 KCP (C-102C) 1/91 Page 77 of I \ 1 • 1 2 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 3 FEDERAL WAY DIVISION 4 CITY OF FEDERAL WAY, NO. CP14606FW 5 Plaintiff, - AMENDED COMPLAINT 6 vs. ., 7 8 Defendant. 1 9 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 10 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Violation of 11 Standards of Conduct, committed as follows: 1 I 12 That the defendant, in Federal ,Way, King Count , Washington, on or about .4/16/95, did: touch the genital area ofla patron with 13 her breasts contrary to Federal Way City Code 9-128, and against the peace and dignity of the State of Washington. 14 Maximum Penalty: Paul D. Wohl 15 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #21251 16 and/or • a $1,000 fine. 17 a`li / 18 Date: . �/�/5— 19 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 20 believe, that the defendant committed the offensel, contrary to law. . 21 22 23 24 25 26 27 28 _ • FEDERAL WAY CITY PROSECUTOR 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 CRIMINAL al TRAFFIC MNON-TRAFFIC 95—/ZO®y 9. I IN THE pDISTRICT 0 MUNICIPAL COURT OF F-1A.A1-1A-4- KING COUNTY,WASHINGTON • STATE OF WASHINGTON PLAINTIFF VS.NAMED DEFENDANT C P 1 6 Q 5 f� • COUNTY OF KING CITY/TOWN OF 751). NHoc L.E.A.NO. 2-17-000 COURT NO. • • / THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON ' DRIVERS DCENSF.AID. STATE EXPIRES ••••/I:V1 INITIAL INN 0 IF NEW ADDRESS EMPLOYER • 1,1..._J Wr-U Vim_ ' HAIR' ^ Pcertuwrw PHONE NO. r VILLA I KIN DATE MONTH DAY YEAR TIME ❑ INTERPRETER ON OR ABOUT Qy I c-. S.S 24 HOUR ZZ, 5 AT LOCATION M.P. CITY/COUNTY OF • -3t(p 1 Nki-. F 1=e1,-wYkv,.! / K t irs (-r • DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. STATE E IRES VEH.YR. MAKE MODEL STYLE LOR • TRAILER I1 LICENSE NO. EXPIRES TR.YR. RAILER e2 LICENSE NO. ST EXPIRES TR YR. OWNER/COMPAN THER THAN DRIVER ADD CITY STATE ZIP CODE ACCIDENT BAC COMMERCIAL 0 YES HAZARD ❑YES EXEMPT 0 FARM 0 FIRE J�O NR R I F READING VEHICLE NO PLACARD �NO VEHICLE ❑R.V. 0 OTHER TDID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES 1.VIOLATION/STATUTE CODE • • FWU% R1- %) • v 4.S� S dP e r s-�k...._c- - `Pt-c‘..) b`�eQhPYT1(�OJ • • 2.VIOLATION/STATUTE CODE ,. :•.1j::HT•Cpj1jN:•.balk)??Ij:,i17?:11y:,:j::-78,.:•,,::.y; (/s)1ai117j BAIL 6 / 'f G Z., MANDATORY j U.S. FUNDS$ APPEARANCE MO OF YR. TIME AM. RELATED• DATE ISSUED DATE P.M. WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASiHINGTON THAT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE.THAT I NAVE PROBABLE CAUSE TO BELIEVE - RESPOND AS DIRECTED ON THIS NOTICE. THE CK ABOVE NAMED �µD D1142 ABOVE ENSEISI•AND MY REPORT WRITTEN ON THE - OFFICER X S.UVgT-% 6-w-r �t o 0 - R`� � ' , g i L- • bS��B () >.- DEFENDANTS SIGNATURE OF IC R • . COMPLAINT/CITATION CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE 1 G NG G NG D BF $ S j S ABS.MLD TO OLY CII 0 2 G NG G NG D BF S S 1S TO SERVE Q U k) OTHER COSTS S WITH DAYS SUSP. 0) OF RECOMMENDEDEN NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD .}I RENDER DATE COSTS S 1 E ' K C-IBD KINGING COUNTr POLICE WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 Imp COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-DOL COPY KING COUNTY PDLCE .WASHINGTON UNIFORM COURT DOCKET-DEFENDANT COPY August 1994 • • o/002/ _ . _•• - P,t:* , ,;g8Mciti:itielti,stzz•••‘• . _ P/4 ;n0r-7-40-3 -ri-6EM,C2.5--- -2/ ( z:,-/ 12W-• :!)z,77-v---/45- - • • fr-- ' ei•tep 77- 14/2,47,- _22e41)-4V -)77-7/277•777-717--7-07 eid-a -yedirtcv• .3-/:/ 71%/Z.Z9ee,...7firOD —1P-/%1 A-e/lacfff 2iV .. z*C1-61.,;747 e - ee--›fie.-- Wti-g".7- c--102ti 7-7,64/ _LV.L/LAV" -7.971*97(7-7-71 d0 3ge pos--70•327- 7-3-074- -+41Z1' 7-2/gAfe azsr-iyvy e •••Rj.° • Alfir, /1,,7 to a • / 1 " 2 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 3 FEDERAL WAY DIVISION 4 CITY OF FEDERAL WAY, NO. CP14605FW '5 Plaintiff, AMENDED COMPLAINT 6 vs. 7 8 Defendant. 9 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 10 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Violation of 11 Standards of Conduct, committed as follows: 12 That the defendant, in Federal Way, King County, Washington, on or about 04/16/95, did: simulate sexual intercourse with a male 13 patron contrary to Federal Way City Code 9-128, and against the peace and dignity of the State of Washington. 14 Maximum Penalty: Paul D. Wohl 5 Misdemeanor Prosecuting Attorney 90 days in jail WSBA #212 16 and/or a $1,000 fine. 17 C� 18 Date: 4/ 19 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 20 believe, that the defendant committed the offense, contrary to law. 21 22 23 24 25 26 27 18 • FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 - HCRIMINAL TRAFFIC za NON-TRAFFIC 91= / zoo/9, IN THE kr DISTRICT ❑MUNICIPAL COURT OF "D-W V}V (KING COUNTY,WASHINGTON • ❑STATE OF WASHINGTON .PLAINTIFF VS.NAMED DEFENDANT C P 14 6 0 5�►.� ❑COUNTY OF KING rI CITY/TOWN OF COURT No tICIC LFJL .NO. 2-17-000 . ( VEa.S THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON LICENSE NO. __ STATE^_ I EXPIRES INITIAL ❑ IF NEW ADDRESS MPLOVER - dHAIR RESIDENTIAL PHONE NO. • . _ pQ • VIOLATION DATE L t MONTH DAY YEAR , TIME I 0 INTERPRETER ` ON OR ABOUT 0 '[—`(-`�[� S 24 HOUR 7.:.2..3S- AT LOCATION M.P. CRY/COUNTY S- 3.6. / I wy . - - ,..(.,- DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE UCENSE NO. _STATE EXPIRES VEH.YR. KE MODEL 1 STYLE C R TRAILER I1 UCENSE NO. STATE EXPIRES R.YR TRAILER I2 LICENSE NO; STA EXPIRES TR.YR.' OWNERICOMPA F OTHER THAN DRIVER ADDRESS CITY STATE ZIP CODE . ACCIDENT BAC COMMERCIAL ❑ YES HAZARD 0 YES EXEMPT j 0 FARM ❑FIRE NR R I F READING VEHICLE ®•NO PLACARD jia NO VEHICLE I ❑R.V. ❑OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES • I.VIOLATION/STATUTE CODE - I , War, ct-\2g '�-� .d�C2 S C)'' Co of-- :.t cT )m") r,(2ER :tov -- - SG.F c-\7"P" - 2.VIOLATION/STATUTE CODE i!I t: .i.I.hiuj;:HTVililii$I.:4)il�i8*.I..ia17:, :>ii3I:1•„1jl;1tyl9 i BAIL GS-A__ - O / -le- MANDATORYr U.S. FUNDS$ • APPEARANCE MO. DV YR. TIME A.M RELATED I DATE ISSUED DATE P.M. I WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PENURY UNDER THE LAWS OF N THE STATE OF WASHINGTON THAT I NAVE OF THE ABOVE OFFENSE(S),I PROMISE TO ISSUED THIS ON TILE DATE AND AT THE LOCATION ABOVE.THAT I NAVE PROBABLE CAUSE TO BELIEVE .. THE ABOVE NAMED PERSON COMMITTED THE ABOVE OFFENSEISI.AND MY REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK OF THIS DOCUMENT IS TRUE AND CORRECT OFFICER I I XM.0 i -r -* .b�J CA-SPAR 4 talus,I L, L. I os3�$ C) F IC R i I �.�`' ^2 DEFENDANTS SIGNATURE / ZiJ♦l ma ›. COMPLAINT/CITATION j - FIND/JUDG DATE� CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL I 1 G NG G NG D BF $ S $ ABS.MLD TO OLY Crr 0 2 G NG G NG D BF S S S I TO SERVE CI c�i OTHER COSTS$ WITH DAYS SUSP. CFIm RECOMMENDED NONEXTENSION UCENSE SUR- TOTAL ! CREDIT/TIME SVD \ a OF SUSPENSION RENDER DATE COSTS$ KCDPS C-153 B94 I L. KING COUNTY POLICE WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING COUNTY POUCE WASHINGTON UNIFORM COURT DOCKET-DOL COPY L__KING COUNTY POLICE WASHINGTON UNIFORM COURTDOCKET-DEFENDANT COPY August 1994 • ••• c:•1/4-k- SSVc * L 2r2.S - 4 •ers ta, Eta.1/43 t 6- . ••••7619L e- ez,c S.' l(7,1tL r . I...AN-El 7,erc-k•-acN-- • • et k CIS •• • __ . • • _ --ao . _ -k—t.42_717:1+ ey.3,4Az _ b- _ ••a%.,:_‘AS_*_c:Y.._/.....k<..k. .)_‘..- • e-tn • 1 . _ 1 TRAFFA: • . ••••i . et.,ME-2 •• I • •• cp.. • •. . WITNESS%AT.* L r •• kaiESS.---- • .- : . . - , •• . . • - . _ . . . ....;• • • • - . • „ - • • • 1 IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON FEDERAL WAY DIVISION 21 NO. CP20100FW CITY OF FEDERAL WAY, 3 Plaintiff, AMENDED COMPLAINT 4 vs. 5 ; 6 Defendant. I 7 ;I 1 8 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal Way, in the name and by the authority of the State of Washington, 9 do accuse the above-named defendant of the crime ofIViolation of Adult Entertainment--Location Restricted, committed as follows: 10 I y CountyWashington, That the defendant, in Federal Way, King , 11 I on or about 06/14/95, failed to remain on a stage or other surface raised at least eighteen inches above the level of the floor upon 12 which the closest patrons are seated or standing and at least six feet from the nearest patron, while appearing in apublic place 13 unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, to-wit: exposed iher breasts, 14 vaginal and anal area contrary to Federal Way Criminal Code 6-238, and against the peace and dignity of the State of Washington. 15 Paul D. Wohl Maximum Penalty: 16 Misdemeanor, Prosecuting Attorney jail days in WSBA #21251 17 and/or / j a $1,000 fine. 18 19 Date: 20 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, l a e, and oes 21 believe, that the defendant committed the off law. I 22 23 I 24 25 26 7I 2 I -.. 281 FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4027 1 1 1 1 ' 2 3 ' IN THE KING COUNTY DISTRICT COURT FOR THE STATE OF WASHINGTON 4 FEDERAL WAY DIVISION 5 CITY OF FEDERAL WAY, ) NO. CP20100FW 6 Plaintiff, ) AMENDED COMPLAINT 7 vs. ) COUNT II 8 ) 9 Defendant. ) 10 I, Paul D. Wohl, Prosecuting Attorney for the City of Federal 11 Way, in the name and by the authority of the State of Washington, do accuse the above-named defendant of the crime of Prostitution, 12 committed as follows: 13 That the defendant, in Federal Way, King County, Washington, on or about 06/14/95, did intentionally offer or engage in or 14 agree to engage in sexual activity with another person for a fee or hire, to-wit: make contact with genital area for Thirty and .5 00/100 ($30.00) Dollars, contrary to Federal Way Criminal Code 6- 239(a) (1) , and against the peace and dignity of the State of 16 Washington. 17 Maximum Penalty: Paul D. Wohl Misdemeanor Prosecuting rn 18 90 days in jail WSBA #21 and/or 19 a $1,000 fine. 20 Date: 21 22 The above-signed Prosecutor does certify, under penalty of perjury, that he/she has reasonable grounds to believe, and does 23 believe, that the defendant committed the offense, contrary to law. 24 • 25 26 27 28 - FEDERAL WAY CITY PROSECUTOR AMENDED COMPLAINT 33530 First Way South Federal Way, WA 98003-5006 (206) 661-4031 CRIMINAL - ' as A• IN THE ❑STATE OFOF W SHHIINGTONICT ila M.PLAINTIFF VS.NAMED COURT OFDE FNDANT ' • - KING COUNTY,WASHINGTON r ❑COUNTY OF KING r 6 CP2 0100 I F . ®'CITWTOWN OF F . 1✓R`l'- COURT No. I HOC L.E.A.Rio. 2-17-000 ` // THE UNDERSIGNED'CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON 1 . 11.�eo-�v.-.. ISTAT (EXPIRES `In N^�."'. _ 1I Il. . IA1TIAL ❑ IF NEW ADDRESS EMPLOYER . ' HAIR R IDENTIAL PHrwc.'^ . VIOLATION DATE - V ON OR ABOUT MONTH tie• DAY 31 C SG YEAR TIME ❑ INTERPRETER L • I • SM.P. 24 HOUR CffYICOUMY�F� ' AT LOCATION PAC.—��c 4L J A' t. . PO, 3'y. DID OPERATE THE FOLLOWING VEHICLE/MO OR VEHICLE ON A PUBUC, IGHWAY AND VEHICLE UCENSE NO. STATE EXPIRES VEH. MAKE `MODEL I LE (COLOR • TRAILER/1 UCENSE NO. STATE EXPIRES TR.YR. TRAILER/2 UCENSE NO. ST E 'EXPIRES rTR.YR. • OWNER/COMPANY IF OTHER THAN RIVER ADDRESS CITY STATE ZIP CODE ACCIDENT I BAC COMMERCIAL ❑ YES HAZARD YES I EXEMPT ❑FAR 0 FIRE >NO NR R I F READING VEHICLE 0 NO PLACARD NO VEHICLE ❑R.V. 0 OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES • • • 1.VIOLATIOWSTATUTE CODE RAW& •. G-259 IA-1 p10.5Tz174 pr.0.4i. . . I 2.a(IOLATIOWSTATUTE CODE//((��''WW,-fir CC • C•42438I S7ANL7AfOr CP ce.v0a cT v re[gfr'o^/ :IiL+iLiifB'Ls}iflf iif..ir040040tiLi 0.4ifigift fi iL`i1;t•. 1 6s-s--, f4 Q MANDATORYN BAILU.S. FUNDS$ APPEARANCE I MO I DY. I YR I TIME A.M. RELATED/ DATE ISSUED I DATE P.M. I WITHOUT ADMITTING HAVING COMMITTED EACH I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON GUT I HAVE OF THE ABOVE OFFENSE(S).I PROMISE TO ISSUED THIS ON THE DATE AND AT THE LOCATION ABOVE.TILAT I HAVE PROBABLE CAUSE TO BELIEVE THE ABOVE NAMED PERSON COMMITTED THE ABOVE OFFENSEISI.AND NY REPORT WRITTEN ON THE RESPOND AS DIRECTED ON THIS NOTICE. BACK OF THIS DOCUMENT IS TRUE AND CORRECT. / /��Qn •(/�■ . . �+ OFF( S, S u'CV t � triage%S X \!f�?"�C OFF(DEFENDANTS SIGNATURE IC._ it CZ.D 7 1 ^1 COMPLAINT/CITATION g CRG PLEA CNG FINDINGS FINE SUSPENDED SUB-TOTAL FIND/JUDG DATE 1 G NG G NG D BF $ $ $ ABS.MLD TO OLY 0 2 G NG G NG D BF $ $ $ TO SERVE OTHER COSTS$ WITH DAYS SUSP. CO " RECOMMENDED NONEXTENSION LICENSE SUR- TOTAL CREDIT/TIME SVD ` `OF SUSPENSION RENDER DATE COSTS$ I -- • 1 KINGCO NTYPO WASHINGTON UNIFORM COURT DOCKET-COURT COPY August 1994 KING LWNTY POLICE OFFICER REPORT . 1 1 rAr flyr_..c4n. of?- •1W)C.,1A-c,-Las, .c-A.,yeirt_c 0 •_.nte Pc /0 1 e _.04- iwo- vcsg-..r_tAtp. fo cat/0(Am- !AN togoeitc•ovisL offtftYfrvAl• o.v fitv• 9-43•rtirweg-tr' :. ,kio Lao hioAdA-c-M) dY 'lie '16 • Pe4P°4114V— , rLA o plyials 1'4)4. OW A 10. L Was-ad 146e. - lOcut.Q4_4_._eco-e-___004-Aices. A &so .46_Z____gc4ViackL...11/.0__ii_44_40,0_c__,97659_,siszo_ifjoj• 60grrfALI___,6.___Pgytieffieite0__fifer___ms-ecoAS2_____aei_Ur____ Litd..___ Ag__60110-PgAGZ.1.1g_t_o_o_2.___S44767.____047)_____M- ___06_ece_a_AVY_____ A pfeg____e_1.4___i_b_c0____ee:_V4()__1;__ o__e4a=_OAr II 2.2.6/g.06/4_a_mi_Lo__ ..g..).0To Porr: 4__c_o_v_ diti ctA/ 4,40-170--hOr-16/Z----AL iiie__ .Cite_os.60e _g403-4:15; . - • [4_ &A..__ ?Ag.50!--z--)17..e7z-roi. 09"10. _.,s7:-.1-es/ 44e,c,r o -- 1Crizsloc4_c.r_______(azo ci,IlreW._ 461044044101=64010001titniR0 Of*ii4iiii.. -------- - -- ----- ---- ----- --- - -- - - -- 1 1 _ , .„.. , ,. .,• • ,.,,ilra NAME(LAS' F :-; %'1-Gs • • -: :,--".:-. -- — - .•. •;A .,' ZIP . •. . . • - - — - . .!%.5.7-.QX.1.6g.(i - - - .-- - -- - -— —---— -- ------- :•---I • • • CASE NUMBER Page 1 of 1 OFFICERS REPORT KING COUNTY POLICE 95-217684 FCR NUMBER DISTRICT , DATE VICE CONTROL:UNIT 06/15/951857 655-H-0 VIA SUBJECT To dance violation case file direct On 06-14-95 I went to the Deja Vu Adult Entertainment Club located at 31656 Pacific Hwy. So. in the City of Federal Way._ The purpose was to conduct an undercover investigation ioneinr to the he practices of the business. i arrived and paid my s I went inside and sat at a couch located along the South wall. I ' sat and watched the stage and other dancers performing oaced for b taewhite customers until about 2215 hours. I was then app Y fema].eslancer. She sat down next to me and introduced herself as tsaid she had been dancing for about five years and taut she ad danced for quite a few -different clubs in the area. I then bought her a ladies drink and she told the waitress her name was ; The waitress and a manager came over to her a few minu es a er -and he told her to use the name Athena tonight as there was already a '''''''working. She said fine that! she usually uses her real name but it did not matter. "'— s a white female, 5' 04" , 125 lbs. , brown hair. She was wearing a wnite tank top that was cut off just below her breasts, and a white thong bikini with white high heels. At about 2225 hours she asked k if she! couldwdodd do a h dance for me? I said yes. She got up pulledY causing me to slouch in the couch. She then leaned forward and whispered into my ear, is a twenty dollar dance all right? I said yes. During the dance 46xposed her breasts twice! to me on purpose. She began the dance by straddlingmy legs and leaning forward placing her breasts into my face. She did this; several times during the dance. on two occassions she lifted up her tank top exposing her nipple and areola area to me. However, due to her cut off tank top any time she arched her back or staiglitened tau all or part of her areola or nipple area would be exposed *) me. continued her dance by turning around and sat on my lap with her back to me. She then began to grind her buttocks into ;my genital area as if to simulate intercourse. She then turned facing me and slid down my chest and began to rub her breasts into my genital area. She continued these activities until the song. ended. At the end of the song lifted up her tank top and placed her exposed breasts into my face and whispered into my ear, we should go upstairs. I said how come? She said she could do a real good dance for me up there and that it would be thirty dollars. I told her that if it was any better than that dance I would need to put a condom on or I would explode in my pants. She whispered in my ear well go slide one on. was then called to the stage upstairs. She told me she would meet Mb back at the couch when she was done. I got up and went to the bathroom and waited a few minutes be forrned fore returning to the couch. After she was done on stage e Lo a to the couch and she said lets go upa ir• I - SIGNATURE OF REPORTING OFFICER NUMBER UNIT SUPERVISOR REVIEWING COPIES TO 07098 COPYRIGHT O CTW RESEARCH INC. SEATTLE,WA REV 12J5 Ellis, Steve R. 263 • I CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum , DATE: 'July 7, 1995 TO: Hope Elder, Chair Public Safety/Human Services Committee FROM: Londi K. Lindell, City Attorney SUBJECT: Adult Entertainment Ordinance I. BACKGROUND At the last Public Safety Committee Meeting on June 1, 1995, you instructed the City Attorney to draft amendments to the City's Adult Entertainment Ordinance. These amendments were deemed necessary to address the fact that violations of the City's Adult Entertainment Ordinance are occurring on a regular basis. The King County Police have advised the City Attorney that every time they have entered an adult entertainment facility in the City, either a violation of the Adult Entertainment Ordinance or other criminal violation, such as prostitution, has been occurring. II. PROPOSED AMENDMENTS The proposed amendments are set forth in the attached, revised ordinance. Strike lines indicate deletions. . Shadowing indicates inserts. The following discussion summarizes some of the more material revisions. 1. Section 9-71, Definitions. I recommend that the definition of "adult entertainment" be broadened to include, as an independent basis for regulation, entertainment that is "intended to sexually stimulate" the patrons of the business. 2. Section 9-72, Findincts of Fact. The modifications in sub-part 1 are consistent with testimony of the King County Police which will bolster the defensibility of the ordinance, such as reference to "secondary effects", "compelling interest", and need to obtain additional disclosure of applicant background in order to properly allocate law enforcement resources. New findings address the police concern that proximity between entertainers and patrons facilitates sexual contact. EXHIBIT 1 B-4 Memo to Public Safety/Human Services Council Committee Re: Adult Entertainment Ordinance July 7, 1995 Page 2 3. Section 9-86, License Suspension and Revocation. A provision has been added to provide that the adult entertainment business license can be suspended or revoked based on the actions of servants, agents and employees "when the licensee knew or should have known of the violations committed by his servants, agents or employees. " 4. Section 9-96, Stay During Appeal. The decision of the City Clerk should be stayed during the pendency of certain hearing examiner and judicial appeals. However, this provision will apply only to a decision of the clerk refusing to renew a license, or to suspend or revoke a license. It will not apply to the Clerk's decision to refuse to issue a license in the first instance. The recent Washington Supreme Court decision in JJR v. City of Seattle, 126 Wn.2d 1 (1995) , required staying a license suspension or revocation during the pendency of judicial appeal. ! It did not address an initial decision not to issue an adult entertainment license. 5. Section 9-110, License Applications. The City's ordinance already seeks information concerning the partners, officers, and directors of the applicant who have significant responsibility for management of the business, consistent with World Wide Video v. Tukwila, 117 Wn.2d at . 392. I suggest seeking additional disclosure of information about the background of the applicant and each of the applicant's responsible lofficials or control persons. This would be consistent with the ; new Bellevue ordinance, and the scope of those provisions was upheld in the Superior Court decision in Ino Inc. v. Bellevue, Conclusions 24-27. 6. Section 9-128. Although Kent and Pierce; County have adopted a ten-foot separation requirement for all dncing, i.e. , barred table dancing entirely, I recommend the four-foot separation. This provision has been upheld in Superior court and will be the subject of an appellate decision in the; near future. (It should be noted that Kent has no operating adult clubs, and the Pierce County rule has been challenged in Superior Court and its enforcement is stayed. ) . 7. Section 9-134. The City of Bellevue's standard of 30 lux on ten-foot centers, that was just upheld by the Superior Court, is fairly bright and is being challenged on appeal. The! 8 point type requirement suggested in the City's ordinance is well established in the liquor board regulations and is a good choice for that reason. Memo to Public Safety/Human Services Council Committee Re: Adult Entertainment Ordinance July 7, 1995 Page 3 III. CONCLUSION In the event the Committee supports the proposed amendments, please move to forward the revised Adult Entertainment Ordinance to the City Council at its next regularly scheduled meeting on July 18, 1995. K:\COUNMEMO\ADULTENT.713 • E t EXHIBIT A BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY. . In.re the matter of: ) ) NOTICE OF REVOCATION ) OF BUSINESS REGISTRATION ) FWHE # 94-12 ) BUSINESS REGISTRATION. NO. 4082 . ) MS. BARBARA BURKE ) / THIS matter having come before the-undersigned Hearing Examiner for hearing, and the appellant appearing by and through her attorneys of record JACK R. BURNS and RAJ BAINS and the City appearing by and .through their attorney of •record MICHAEL SMITH and the Hearing • Examiner having heard the testimony of: 1. MAUREEN SWANEY, City Clerk; 2 . JOSEPH FITZGERALD, undercover police officer; 3 . DETECTIVE GILLIS, an undercover police officer; 4 . DETECTIVE COLBY, an undercover police officer; 5. BARBARA BURKE, agent for the applicant; and • 6. KARISA DEHRENG, and considered the Exhibits Presented: 1. Memorandum of Appellant 2. • Business Registration - 3 . King County Police Report 4. 2 page advertisement stating Exotic Tans dated August 30 - September 5, 1994 5. Advertisement for Exotic Tans dated September 13 - - 19, 1994 6 . Letter of revocation from Ms. Swaney, City Clerk, dated EXHIBIT 1 •I B-5 Cr :.;� '` If r ' • September 2, 1994 . 7. Letter from Burn & .Hammerly dated September 8, 1994 8 . Copy of Ordinance no. 93-160 9. Copy of business card from Fernando, city worker, and adult entertainment zoning chart, and _. The Hearing Examiner having heard arguments and being duly advised in the premises does now therefore enter the following Findings of Facts: • I. • On or about July 27, 1994, a Luwanus Stone submitted a Business Registration application to the City of Federal Way clerk office registering a tanning and lingerie • modeling showroom to do business in Federal Wa3r. II. •i Business registration no. 4082 was; issued to Avarice, Inc. , in August of 1994 and on September 2, 1994, Avarice, Inc. , was forwarded a notice of revocation of business registration no. 4082 by the City Clerk, Maureen M. Swaney (see Exhibit no. "6") . On September 8,. 1994, Avarice, Inc. , forwarded its notice of appeal to Maureen M. Swaney. Said notice of appeal was received on September 12, 1994, by the city clerk's office. • Testimony of Barbara Burke,, manager of the tanning and lingerie modeling showroom, indicated that shelfilled out at least part of the business registration application. IV. I • • The tanning and lingerie modeling showroom operates under the name Exotic Tans and is advertised as Exotlic Tans as indicated •in Exhibits "4" and "5" . Exotic Tanis is owned by Avarice, Inc. , The business name of Exotic Tans was not listed on the business registration application. V. The testimony of Barbara Burke and others indicate that no lingerie is sold at Exotic Tans in Federal Way. Further, each of the individuals who work at Exotic Tans furnish their own costumes or outfits for work. • 2 ( • I . _ . • VI. A showroom is defined in the. Webster' s Dictionary as "a room where merchandise is expos cl sale or y indicated where samples are displayed. " Testimonylear Exotic Tans is not a showroom. VII. Webster' s dictionary defines a model as . "one who is 'employed to display clothes or other merchandise. " The testimony of Barbara Burke clearly indicates cathes that o thr individuals were not employed to display merchandise. In the traditional sense of modeling the employees at Exotic Tans are not models. Further there was no evidence that any of the employees of Exotic Tans has a modeling background, was referred by a modeling agency, or had any type of professional modeling training. • VIII. • ument the employees of Exotic Tans were During arg referred to as dancers and entertainers. IX. . - Advertisements appearing in The Stranger indicate that Exotic Tan provides "Gentlemens entertainment and has an all female. staff featuring lingerie modeling." . X. the King County Three different undercoverts r On each occasion Police Department went to Exotic Tans they were met by a female employee who in icatd ae 30 that mi for $60 that each of the officers wouad g ute lingerie session where a model would join them that rhom and dance for them. in .her bra and panties,anything to could not touch the model, and they could themselves they wanted. The officers could take all their clothes off, and there would be lotion and towels in the room for the officers to use. After the session for aover, • they were offered the use of a tanning bed half hour which each of the offic trs in formsnof. bathrobes On each occasion the employee appearedwas the which were taken off displaying thath employee wearing basically a bra and underpants. On each on of the female employee displayed pubic hairs, portions their vaginas, and on two occasions one of the employees pulled her pants up and pressed it into her vagina exposing the edges of her vulva. The employee on at 3 . (" - (- least one occasion more likely two occasions, simulated masturbation with herself and on one occasion one of the employees blew air on the penis of ont of lot onthe offioers. On the same occasion the employee poured penis of an officer. On at least one occasion an employee exposed her anus. The police report and testimony of the officers provide graphic details of what actually occurred. These findings are but a brief summary and demonstrate the type of activity which is going on in these facilities. XI. • on of While the officers weretestifying, including blowing g ontan employees who had provided services officers penis, was sitting in the full observationof the Hearing Examiner who observed her nodding i�ggrr h in agre ement with the officer as he testified as to her actions. XII. .. Each of the officers described what they classified as couch dancing. The officer would be nude or partially,, • nude sitting on a couch. The employee would be scantily clad wearing a bra and underpants and would 1perform a dance by resting on her knees on the couch with her body sometimes as close as four inches to the officers face. The same employee would also lie on floor, spread her legs, and simulate self stimulation and masturbation. XIII. The testimony of Barbara Burke, the manager, who was less than credible, indicates that her rules area that the employees are not allowed to touch, they do not sell . clothing, that they do not want to be classified as an adult entertainment facility, that they spent �a .full day of training employees to avoid breaking the adult entertainment law, and that if she caught someone • breaking the law she would fire them. However, there was no indication that she fired either serviceshren to gthe or Sabrina, the girls who had officers in question. XIV. Testimony of Barbara Burke and argument indicate that this facility is strictly structured to avoid on thethe edadulget t entertainment section but to stayright the law with reference to adult entertainment. 4 l • XV. The testimony of the officers is uncontradicted. That testimony clearly indicates that these young ladies are not models, that this facility is as Officer Gillis • testified "a house of masturbation" where the employees intentionally expose pubic hair, anus, parts of the vulva, and where the employees clearly simulate masturbation in small rooms where only the employee and a male who probably is nude are confined and where the employee is scantily clad and masturbation by the client is at least permitted if not encouraged. XVI. • The appellant, voluntarily closed down the business pending the outcome of hearings to avoid further arrest of her employees. - • From the foregoing Findings of Fact the Hearing Examiner makes the following Conclusions of Law: 0 I. The Hearing Examiner has jurisdiction to hear this matter. , • • II. The appellant has failed to comply with the business registration laws of Federal Way by failing to obtain an adult entertainment•'registration; by registering in fact as a modeling showroom; and by registering under what is the corporate ownership name as opposed to the name it is doing business under. • r III. . • The activity conducted at Exotic Tan in Federal Way is the activity governed by and regulated by the adult entertainment ordinances and the conduct of this business endangers the public health, welfare, and safety as clearly outlined in the adult entertainment section of •lthe Federal Way Ordinances. • • IV. • The acts of the employees in simulating masturbation are in violation of Federal Way ordinances. V. The acts of the employees were intentional and not • • accidental. DECISION The business registration no. 4082 of Exotic Tans, ie Avarice, Inc. , should be revoked. DATED this day o epte . -r, - 994 . ..110gie NCE cCARTHY eeputy ,ing Examiner • • • • • • • 6 • RESOLUTION NO. 94-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CONTAINING ITS FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION IN CONNECTION WITH AN APPEAL HEARING, WHICH DECISION ADOPTS WITH MODIFICATIONS, THE DECISION OF THE FEDERAL WAY HEARING EXAMINER DATED SEPTEMBER 30, 1994 TO REVOKE THE BUSINESS REGISTRATION OF AVARICE, INC. DOING BUSINESS AS X-OTIC TAN. WHEREAS, on or about July 27, 1994, Ms. Luana C. Stone submitted a Business Registration application to the City of Federal Way Clerk's Office registering a tanning and lingerie modeling showroom to do business in Federal Way; and WHEREAS, Business Registration No. 4082 was issued to • Avarice, Inc. , a Washington corporation ("Avarice") , in August of 1994; and WHEREAS, on September 2, 1994, the City Clerk forwarded • a Notice of Revocation of Business Registration to Avarice stating that the business activity described in Avarice's application was not the activity being conducted at the business location, that Avarice had failed to comply with federal, state or local laws or regulations, that Avarice had failed to operate the business activity in accordance with such orders, rules and regulations and that Avarice had conducted a business activity in a manner which endangers public health, welfare and safety; and WHEREAS, on September 8, 1994,• Avarice forwarded its Notice of Appeal to the City. A hearing was held before the Federal Way Hearing Examiner on September 29, 1994. The Hearing EXHIBIT RES # 94-189 , PAGE 1 I (• ( . Examiner heard testimony and had an opportunity to review all a 1 exhibits; and 1 WHEREAS, on September 30, 1994, the Hearing Examiner issued his decision and held that Avarice ha "failed to comply with the business registration laws of Federal Way; by failing to obtain an adult entertainment registration; by registering in fact as a modeling showroom; and by registering under what is the corporate ownership name as opposed to the name it is doing business under"; and WHEREAS, the Hearing Examiner's Decision resulted in the revocation of Avarice's business registration 1.nlesS such decision i was appealed by Avarice; and , I WHEREAS, pursuant to Section 9-16 of the Federal Way City I Code ("FWCC") , the Decision of the Hearing Examiner may be properly I appealed to the City Council within fourteen ( 4) days of the date of such Decision; and WHEREAS, on October 14, 1994, Avarice appealed the Decision of the Hearing Examiner to the Feder 1 Way City Council. FWCC 9-46 provides that the City Council shall hear such an appeal within thirty (30) days of the filing of the Notice; of Appeal; and WHEREAS, after all public notice having been duly given, this matter came before the City Council on N vember 1, 1994; and WHEREAS, pursuant to FWCC 9-46, the CityjCouncil of the City of Federal Way, Washington, is the governmental body having I jurisdiction and authority to pass upon the approval, denial or modification of the Decision of the Hearing Examiner; and I RES # 9i - /'/ , PAGE 2 i I ( WHEREAS, FWCC 9-42 contains the decisional criteria for revocation of a business registration; and WHEREAS, the City Council having considered the written record and the Decision of the Hearing Examiner and additional testimony made during the appeal hearing on November 1, 1994; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Record Before the Council. The consideration by the City Council was based solely on the record which includes all staff presentations, Avarice's presentations, the Hearing Examiner's Decision, all Hearing Examiner exhibits, all testimony from the September 29, 1994 hearing and all testimony from the November 1, 1994 hearing relating to the record created at the September 29, 1994 hearing. No other evidence, testimony, or public comment outside the record was accepted by the City Council. To the extent that any improper submissions contained matters of an evidentiary nature, they were disregarded by the Council. The record consisted of the following: 1. Those portions of letter to City Council from Raj Bains dated October 31, 1994 addressing the record created at the Hearing Examiner's public hearing, including paragraph 1, paragraph 2 (excluding the last sentence) , paragraphs 3, 4, 5, and 7, and excluding paragraphs 6, 8 and 9. 2. City of Federal Way's Memorandum in Support of Hearing Examiner's Decision. 3. Decision of the Hearing Examiner dated September 30, 1994. RES , 9 V-/I)9 , PAGE 3 . . - ( 1 • _ 4. Transcript of Public Hearing on September 29, 1994 4c.5. Memorandum of Appellant (H.E. #1) 6. Business Registration Applic tion of Avarice, Inc. (H.E. Ex. 12) 7. King County Police Reports (H. . Ex. #3) 8. Two pages from publication " he Stranger" dated 8/30 through 9/5/9 4 with name a d advertisement for X-Otic Tan (H.E. Ex. #4) 9. Advertisement for X-Otic Tan om f publication "The Stranger" dated 9/13 through 9�/19/94; (H.E. Ex. #5) 10. 9/2/94 Letter of Revocation fro Maureen M. Swaney, City Clerk (H.E. Ex. #6) i i 11. 9/8/94 Letter from Burns and Hammerly, appealing revocation of Avarice, Inc. Businesls Registration (H.E. Ex. #7) 12. City of Federal Way Ordinance No. 93-160 (H.E. Ex. #8) 1 13 . Notes from Fernando Fernandez and FWCC 22-798 (H.E. Ex. #9) ; and 1 Section 2. City Council Findings of Fact,IConclusions of Law and Decision. Pursuant to FWCC 9-46 the City Council considered the Business Registration Applicat'on filed by Avarice 1 and after full consideration of the entire atter, on the record before the Hearing Examiner and based upon the recorid of its appeal hearing, the City Council hereby adopts by re erence the. Findings I of Fact, Conclusions of Law and Decision of th Federal Way Hearing I Examiner issued on September 30, 1994, follow.ng apublic hearing held on September 29, 1994, a copy of which i attached hereto as ence� Exhibit "A" and incorporated by this refer ("Decision") , which concludes that Business Registration No. 408 issued to Avarice, Inc. , d/b/a X-Otic Tan must be revoked, ith the additional 1 RES # 9$‘—/cP-9 PAGE 4 1 • . . - findings set forth in Findings XVII, XVIII, XIX, XX, XXI and XXII, and with the modification of Conclusions II, III, IV and the Decision as follows: FINDINGS OF FACT XVII. FWCC 9-42 provides for revocation of a business registration for any of the following reasons: (1) A material false statement contained in the application; (2) Failure to comply with federal, state or local laws or regulations; (3) Failure to comply with any condition imposed by the city on the issuance of the registration; (4) Failure to operate the business or activity in accordance to such orders, rules, regulations as may be applicable; (5) Conduct of the business or activity in a manner which endangers the public health, welfare and safety as determined by the city clerk and/or police chief and/or building official and/or fire chief who may be responsible for enforcement of the applicable law, regulation, condition, order, rules or ordinance. XVIII. FWCC 9-71 defines adult entertainment as follows: Adult entertainment shall mean any exhibition or dance of any type conducted in premises where such exhibition or dance involves the exposure to view of any portion of the breast below the top of the areola or any portion of the public RES # /T ^// , PAGE 5 hair, anus, buttocks, vulv or t genitals. 1 4 Adult entertainment ] establishment shall mean the premises where an. amusement, ) diversion, entertainment, show, 1 performance, exhibition, display or ' like activity is held for the u e or benefit of a member of the pu lic, or advertised for the use or be efit of a member of the public, eld, ; conducted, operated or maintained for a profit, direct or indirect, , where such exhibition or dance ; involves the exposure to view of any ) portion of the breast below .tht top ' of the areola or any portion o the) pubic hair, anus, buttocks, vulva or genitals. 1 I XIX. 1 , The FWCC prohibits adult ent rtainment establishments from operating in the ; City unless the owner has obtained a )sense and prohibits any person from working as an adult entertainer, or manager, without first obtaining an entertainer's license after making an application which contain* the entertainer's complete fingerprint i formation (FWCC 9-106 and 9-107) . d 1 XX. 1 1 FWCC 9-128 contains standards of conduct and operation for an adult entertainment establishment. FWCC 9-128(3) provides that no employee or entertainer shall perform ; acts which simulate masturbation, or the touching, caressing or fondling of the breast, buttocks or genitals. The uncontested testimony at the hearing on September 29, 1994 clearly provides that the employees were in violation ofi FWCC 9-128(3) (a) and (b) . RES I / ]` Vo4i , PAGE 6 XXI. FWCC 9-128(c) prohibits an employee from • displaying pubic hair, vulva or genitals, anus and/or buttocks except upon a stage at least eighteen (18) inches above,the immediate floor area and removed at least six (6) feet from the nearest patron. The "couch dances" that were described by the police officer's uncontested testimony at the September 29, 1994 'hearing are in violation of this section. XXII. FWCC 9-30 requires that a business registration contain a description of to nature of the business activity to e conducted. FWCC 9-42 provides for revocation of a business registration if an application contains a material false statement. N CONCLUSIONS OF LAW • II. The appellant has failed to comply with FWCC 9-42 (2) , the business registration laws of Federal Way, by failing to obtain an adult • entertainment rcgistration license. The appellant has violated FWCC 9-42 (4) , by failing to operate a business in compliance ' with the adult• entertainment code, including without limitation, FWCC 9-106 and 9-107 requiring licensing of managers and entertainers and FWCC 9-128 requiring standards of conduct and operation of an adult entertainment establishment. The appellant violated FWCC 9-30 and 9-42 (1) which requires that an applicant accurately describe the nature of the business activity and which allows revocation of a business license for a material false statement contained in the application by registering in fact as a lingerie modeling showroom; and by registering under what is the corporate ownership name as opposed to the name it is doing business under. RES i / T -/dP, , PAGE 7 III. The activity conducted at X-)tic Tan in Federal Way is a activadult lty overned by enterta ninent and regulated by the ordinances and the conduct of this, business endangers the public health, welfare, and safety as clearly outlined in the adult entertainment section of the Federal 1Way Ordinances, including FWCC 9-72. Revocation of a business registration is allowed pursuant to FWCC 9-42(5) when a business is conducted in a manner which endangers the public health, welfare and safety. IV. / The acts of the employees in simulating masturbation are in violation of Federal' Way Ordlhanees FWCC 9-128(31 (a) and (b) . • DECISION The business registration no. 4082 of Exotic Tana X-Otic Tan, i.e.., Avarice, Inc.j should shall be revoked pursuant to FWCC 9- 42 (1) . (2) , (4) and (5) . Section 3. Severability. If any section, sentence, • clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, Clause or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RES # ,5//c 9 , PAGE 8 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, thbs 15th day of November , 1994. CITY OF FEDERAL WAY )4/a)&a) MAYO , MAY E. GATES 1111 Ali F , • EN M. ^ANEY, CMC APPROVED AS TO FORM: RNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: November 8, 1994 PASSED BY THE CITY COUNCIL: November 15, 1994 RESOLUTION NO. 94-189 K:\RESO\AVARICE.REV RES I 9 7 _/d 9 , PAGE 9 E•0/01/9A 10:20 •8208 28 1�_____ LICE CID --7•••-- 42,10E13 �_-:::.•-: -::---------"---_- tpolice' — 17 3 `� Kin 0 .- g Coun y - f - _T 00 not dlattoee JJ•GOrM — /�'�O D � ' I b r~' Incident Report • G5� (� I •aneWuD 0 R4cone."^1 08 hi -cillf C"MIT3714 In° PV° 41.1412e_6244-0-ar-c-___ . a •au .-. . Astorrenirsecei ySoo P•N•S• �Su 0°scu �..,, w bat.d n O• bi q . .J 1'� C -.. - 0 Yex �ye.nt Karne n r Year `•' ors. .. �w' 9q I�noK1 X Po r.ct' 0 I �Phone Kane(List,n)Aldd`a)_ r ► el • (1Goy , • 1 .. 1 Fa,ee AdCreea { •r .• w, I ( frsL Middle) Phalle � % �1e1M _ I Residence Aad9a Goy state p I5 G 3`� � u � VP981 ' ELT > � Name(Lass.W..Middle) ormaresn� �R«seence T � � � g�11 Residence Me �� M b'MIL qA (31_^ Halr .x t MeaBirth 'Mgt. �30i 0 ` ct Name{tan.til>y.Wide; F VJ 67• 13.4 9 Phone Business Peons I ; sea 5 ro - �A A As��G-� „ti sutw t;'' ¢I G�3 99 •33Z�' '3 : • • 4 -9. Rat ci Ga Aodroas ksreas �s OQ.0 1 �Do I .L,,,,, o tend as Sow ' !yeaSo 5V'r�'^ ate s'] a—j i Ej�ptayerrae!►pol A icaps. UAl C ,.2.1114 R —f ..-.ram r_o A- gray•u •GrG tee �YSC ' moM:of iaandficaeon T O 7 9 (Et-Ise: e LL [ -0 ,.. � rooming,tattoos.ewers.;saltier !tea. Iwar. r"s" I� ({ ► Name III.Fvst 14lddtel ill' - • a eteinr. • Sp213 Uevr` A -9—r--c�ly ssa° a" I'�e"°°r,e'°„°'>. i NResidenceAodross InAvaro ,allp curl res. Sty µs Ksnle(S) Aedrow ❑KL.! 'er,yoyarrea+eot pnoet�od \-C16211---------"2. troy jllpneu9els) . ❑pied L YSC tasspos,scars,��mulls a aensliesdor+ i I Type et w ram. °f "u 10'111nolwd I �7 AA 1e0r+o'� • \ ; •ks of suspect(') �LOPQA ITaar c 1 ma(eportsrl •of manse LL�- 1� ; µanroa w a�1r aril Dan lo�ermy t [�Q t..-�.� Pr.rrlises IOCk.� flue`,�� YypeLprentses SpWOa ! Qrreseentistpresent Pc- T Maks odor I j uu1�tiJluc;�1G 1�® 1 •� O Stow n C Woolf UCetrae Ho. i I _� � u I�J I �_ .-------tit...I vlam �l Recovered y 'Ai. � �sa.ption or features `— ownerAddress w(ReGune`red owner Addrasa K010 Radon for rre�d J t —��— kid towing company.address end phone) I O Yes �— I CJ =— oataR►rm -- .V ends draps+aon(h toyred. _Esdtngted� 10 n __ Owe.No.W i men vatuCW � pivorca or seQ.ration in prover. ^ Poymerm'overdue ❑ t0 I ■*+ c niti3 I notneo try t> I 7 KBD Gortlo4 m _1—ettc.) � Door aorcY�fiber ���ruon(damson.a®ms wooed. I w - rsonstunits r noised reports 0 Lr / ��1_ U3-1-0 a �-�'z• h G_ CiicK112 V \g-g.___-A/3e.510--±1-2-q-.-2112-1nud ❑ �Ass+uh ❑Onq Enloroement 0 CIS�ro A. s 0 &no 0 Ct>wse g uN SI. Plosecttmrr ❑. ..co.a etas O �• l7 �� I y �• cn�+e� s D A� p• Q U�'� �O .. .. r W ov,.,,Dr.amm. EXHIBIT c►+rrrr rein 9c.onM 1 W O grrponr.s.+r re..e...nil O unit No.OIItrin.x towing send to. rr)tlroena)rapunmp .� .. I v_77Ci'S�•y B'7 Page I f ot! r /rnrJl .lAMtr3 r,_ • 1 e004 _ 09/01:94 10:21 $208 298 0913 KC POLICE CID �� 1 .•.."".M•wRMMr•��•I-NM••rid/r `���00.6al•. ifldWMtetouvi.by aW`^�"' c.�a r1v�1�� a 7.Pny� e AMrM d don Oour Yes. >tlrh '�v� f./4rroonsrNta a�elr yl.elr ooRx rk.I:MK.x1 I a.vehicle grind st-�o � --.,� I . ro VS1� t,ti� m • A s y F YYius�rvt,b-�fr (A) 1-! . p P. j I -�_rS 5 E •• rir74CW tii m� `"r • �j I I ouu� ��N >� �w1P� I rs. 0. 140 = A q'-i- • $7306 •iZ Aoocra At r FO • ��i rn��s t- .� � 0 33 yo � `. I -IJ . IJ •, . • � I IW _ t� I 1 ; . P \1 ..... . e 1 I I I I ; I understand that I may be churged with a violation at RGw 9A.1'a.o2O.one°�° j I p theundersigned .err si t,by herebyfaldeclarese r this to be rstan and sorted repay department immediately upon the recovery of any items repo • I— ��servant,by filing a tdo¢:report I understand that(trust notify the police W 1 missing. I will testily as a witness against the delendant when heishe Is Ct••atped Mitt a vines. ', I desire my vehicle to be imam unclad for sate- Q. The described vehicle has been released to me and I willprotect � I W I keeping.at my expense It it is recovered and I • of Public Safety from any old all salts,cost:.dama0 any expenses Q Yes 0 No v fi eC which might occur with the release of this vehicle to me. I am not immediately available to claim it . IC' I °at` impound with.VMhlde described.I i sereby,roUevc end release t eamr inntyillg of aIts In Oohs and em tofo being o any toand morose r eS the b�iiffro tot desor bed vehicle end its contents.and from any damage or 4abdity s a results end employees hem any and all reSponsi Ry el its corers aloe amptoyeee•hem any � result of the use of qld vehicle oy the parry w whom t nave released it•or horn any ctrrim d dama06 or.bss vuhich might arise as a rewh olleavinp sa • roe to fhold hartthlecs the CourttY +0• i vehicle parked alongside a county street or road at my directbn.I further a9 vehicle. 13 I and ll..Mlma which might arise as a rweutt of my a to waive Impound of the doWibed 0 Registered O• wn®r 0 Legal Owner A6eRt at I Sbnature cafeI {19/01/94 10:22 'o206 290 0913 KC POLICE CID !Zoos — �- -:� ` __.T T r�-�— `� ��Caun�j/ Police - �•� 7 a o �! &,� �r — King e. ) �aCI• ° ' � D Follow-Up Report �s — E.:— o D 1 L ' --.Dua OAO�n+tY (1 ONIMnU >$ �' r orv!M: C t. cicrr�' i.o ..,�a�wd.,a�0 irtiL'YICc d� (���-'E ProPenv I I.. % Cleared daera.�ca O Unfou� 0 Reooverf�d poa;�noe Plrona eu Puma Piano I =(� Cleared ar.• Mt O' down 0 _ Inlortnnan A I I lust.rv>,.Mdor.) A aolpo+fa, Rum Sax Dos I • l-Q -nAL o, so.. .od.M.., ...w= 1. 5Tol 1 NA 13 • " ,o C. 1 . dt`� 1; V►RK� tiz A-2A - b.o. \. '4 1• .•• • •• •••• •mm ... r Febt-rzAL Liza CyY1G S uJ zr Y1I1AllQ 1 Ve . 0`1Q. -1 l° Et....-.,.►� uA r W cI43 • 0 = I rGv Cs �.ti. .c= • • P a 7s S I C tuR 4� cy 0-0 V - ---II S• G .z - --I �auF S t . 1. Rt t4 -- o 01 Foe P M�'` Sa EN # 01_,— -�tri u4A 4kU3I 1 �{ 10`-1 AVL - . �����13 �I t _ w A I M put uJ CO O pO ---- 0 CS p l CCPU 0 CtweraFfavd fW O com a Cwotnert O N^OFlodaU nQw. Noa Co I offawewr P=oucvor O Dataort+a �- ,, ° LAOUl:Nr 73z y --r __ 071_ 6-- Kr" (aiOil) eSo Pam. — d 09101/94 10:23 2T206 206 0913 KC POLICE CID • ®007 --- KingCounty Pofice� — Z 7 30 �/ ' O ,wr..mor•. " • • I CI- Women I � . .C,r,r l 0 Continuation/Statement 0.R. o: O 'r~wee , gKldsnes Plana Business Phan _ o�1�.fa R.00n � I I a 9c,• 27�o � �, ti k Nunn flea. 0 r S TA MA , J 1._ c I `7� L � � � `'1 un, Su" A cos I �blctC o R'• °� r µ C. 1�C•C• P. vc5z,:3,.:,s GNP Tv I c,2�r As Fax I e c,ts r s5 c _7=,___.-----e22lr-------- -••;t•y%./ 5. Vq5"/ 1 .5• b .E."7r/P E • tc I 5Po c....�/?7/ ! a it { /' OIL/ /Vo S i5- 1 L {u'f7�•�F b l f. 5 r..IC 5G 1 '—I (k_i....... .._.5.26.._ ---------. ---.-4---------li /11(°le `/ -to -s44r1 c.A-,oie15 .fpr .Q-T miE 5 ° 1 o{ v --5-1 .Ler--e GDD�cc��/`T 7L' Gt.' , iN �E ,e�aa.14$ S 44o1.0 if ,v 49 csc v �.tne F-- 1 -,,mob. i . 1 Date Cows to ... 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C C'i. bGK Ltia�1 MS• �C142a�JE Arst A C032 rEi ant -12. out acti a-Nro r1tC KO-?J I i, cum rw sue F • r r 4 A r 2 5,5 S it"r b . (g c_ _ 2.�0 P a�pAizas ise fog. 1.77Jw mu- copy ro s 7V 0, m ur2A-L GJt; Om 'Copies to No. ra'w°^o ,,... ,.pro No. ES P F. col ICCP (c,628) inn IJ .09/01/94 10:24 '$206 296 0913 EC POLICE CID e008 O Conenaaden King County Policer4,_,G.1.8 7 3 p II TOM: . . MimeWen'N Statement f I-' Continuation/Statement/O.R. 68.3). 5q lovob Woofs(Lag. re •R.s.d?nos Phony 8utinfac Phone 7 — 1.vam.l►++a.rest. N i y to• 7sys „pa,,,I Race 541 We R�o �,o t G" wA y�lay i be!1-�=cr's�F S 1 3" (luC cS�sA To 1)aLco- ?2osr ! i:Nr arm uatv.• Aeat:=4-r- ASti FGttiE � • y 1 o UR.V. -Poo NJ is O t- c 1 t rt LZ1.G- Nt, • - C - LO =N rCtnikl Ar aiscob •y. . L1� `=-.Nf o l.. L '?, W A ro C o N Q U[T A Lli c.- `e uS C )& r1JS ett ni AJ. Tut! cLo `I.( • f SS _ r _ ras, - AT ArPP2o . � N �z:�1MI? v al 2480 X• 7741 ft•1N i . rtt u ruA%o . Ilk bar.'s _roo rUrr P yi4 ! J mPLOVL=aIS LatntE J UiJ.3b __&. At��5rrn.trDDtJ . 0 E0 _-_ CeteNS+ , £ AOv L, S SJ.16P MT; MS• 1J L'd Rica 6 T I ��•-r ,tr�..rz� � .r MC u�roc�. i (42R1" T- FOR. P2osr- I0145x.ti' 4LI• 9Z73eGCIQa33,4o7 .. .i_14twa.CeQ I APilS•. Xb1$O.1-71 At•�ND, 1 1 MC . P 4 c co 12_ OF- iLs� 'M cn.1414 C.I�NflW • ill rt uNo rtsroG0• -§c' 5LTZG672.AG.o mull . o �- u JU t1 �� VL {S,t2R�Sr lit p, rcnil.M J A-1. :(. , rrL� tIE 14•ao MS- �L�>zi�c,. uNO� � o two_INn-t'�2r74�1to4"t-'r t.- Ct.-asc o 0 G(l3 C . ' �(v' /1.4 Sa G10 �" w,S. P4c 2 N -024414r F6t2. Jltc: s Aim c rYpe. or Cµ144t-S 4N GFtc5FrAl. 9q.:_096$�/ L at.7�U tr'AS. 0 nach1G A�t(kfm L-F 150E couLo r�t.L.. IA cat ; 6 1 ownr��1Z of ruE IANo V GAt� tte-S AmpTyt_-t.1 roNU(-17.4.01 WrfN nit- 1 Ot4oM . A t=E-rAgk� ‘taGt.E wi•.o Lt* ' 1 i-estl..F 0 J.uA9a C C . S ro 14 ,allol I Y � Sb N - b . brONe [�t.Q tM� .. R6 R. _ - 2. 4 , Ap fat_ r ali--N •4`Qh1r 13Ct?J A-N o4flf12` 1-ft.- ,MOar 1...L. 1., L LF 17.1 t-Y r3 t:�r - =' , CFO 2. `I __Ialltgl r TN "E � I I lra O (N treA 55e tvk: U tJ.Ac`rij_ _ tM S. S r-o►s rs A Cy 1�ctJ Y��A�'i l rrtl r�l t--fl _t1Lfa t d' j rzN ti 1 .t- 'r Q rt rcru rra rJ `' Ala boSAtG ..IT. --o VA MS s 'NI: FAO Q 1 t=t"2E'm ct-uJ F N UCr N ti' S rD N r - Mr- P�ouG c'b�� w14S l'oN C�.uot: New r No inn R.IT,��.Ot�1G Nor 'riot) • . or iT - I14 e j .-. 14-n u ci . 14 N 6 ria 6". bISS La&-NSt--. i i , r,, awe t_ b L• R i, G. GµtW,C= i1a .•&cyrzr 7/E 1 reuses"Pd Dais Coors to Ortw,la rs9 +G p 11d ET ( ImoIA1 .09/01/94 10:25 12206 290 0913 . • EC POLICE CID la009 King County Police ~? �� 3 .o `/ • .rti■M Dau II I °' • Continuation/StatemenUa.R. off•31'4'>i 1 G caws R4co wawa. micas (M1. . firatofuta PHof)i [Bus AiIu PBOM .�»��■,.�.�.w .� t Ill azrr7r3S o �"Awllz P sue. I R. St94- wN lib ertFttQo To GTttZT ;r r&rI1 �r_ L'o�rr�uf�rm�J C�S� . Fes= l US Is o Rv C i l b Q'J 1J•1 C .Srom Er. 0) fl 1' W A j _ 1 ,-p NL tZCG l•11' S'Q r c�•t i w��S�t.�AN 0 b NC 6_ r t or ST o c _ u r - G usAti r REF►,b-rlag) OAS• .h� rL�-,.t T 1�r���JJ W-No o rA Ens E1 _fit P Y c rot hn me' g Lr %04 Kt3n bon o 0 3 07 Am MS• • -1 P`?C1`o2 aN CAW 4y• a&y /1~05a1Z r ur✓LL1Yvic5. �04P.M A ° • cvi-aRca 9F Peosr. at4 o r-Nr• ��S = ti A 1 414-_12MAI / i Foe suuvnrc?Arco FC.LalG. CL1 ar3;• yy lat AlaPR.OX aNOttCrun A oar0F'ByI ( N NI s �.LN o - r c SgU2V. osla:LD i • � I I. 1 a nnrro Dal. COD4t 67/0 ass Pap. a'd r laze) ,�, 09/01/94 10:25 .'8200 296 0913 KC POLICE CID I - Iouiu • • ( n WFRACTIONRININAL , ❑ TRAFFIC NON NON-TRAFFIC `D aawr:A V. 0 STATE OF WA6••NGTON •rLMNTIie VS.KAJ. D r' O rryera os r L 2 6 6 rrnoww IS ' KtIG COUNTY.WA tlNGTON I'- N THE 0 DISTRICT MUNICTFAL coon*op ' 'l Q KING g.• 2-17-000 T THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF�7 IN 1 N II.YKA'a Nc Y WO. • �—f I •1 { Te.4 IT MvrwTTra n _ r • d �/y ttCDrn fi4 Q// pF111 Ao w • .ors w _ aoutt.oFING COUNTYFM.12;51-" - OPE cep G� � HICLE ON A PUBLIC HIGHWAY AND IoPETUT THE FO OWING tnoa i TM i ...t Tr:- •A WA Aligliiii 1♦1Na • COOS gas r.4La.0 O K$ Y'- T 0 Ia per` I �� p•A •JC O No ..',I.,..— TEflc*E O&V. O OT►rA • �.6�THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES/INFRACTIONS rC'C4. *Pell .8•IC O fl.OAI. I.VVM110•HET.Mr�lo7 . _ v�;u "i 0 MOE .T • -A7 a GJ- i (. I ceEr arcs oki i4a.ii• C0P9 :Y104 OF TIOWST�TUTE GO - 0 3 ) �r"..Tn" • a/V 1 �— • M.O.Q.• tOPI us.Rims s TN1►�WBATtrR� - _.tE.7► • I OATS tanCE I NO. . ITC tR ME Ail rooa+Ie DAISI DATE „c rs.+r+a orn.•ll..00.•.r.t+r.a.,wr.c uMa w •wrrrrwl < .S •OH .nn a w..nw n..,.r.t_____a r •M.ac t 1/SOWS[•70 RESPOND 0•EGtiD � Y D Maw/lower. .p,c o POI",c amentD �-5r.. onf- 1 0 Ar• e mum 1 ...-r- arwertrot jot ,„''''' ' . . CO IlT/. inIIIIIIII■ Via; •H C:111C::M FeC II=r 0 SuafOTL r G MG u. . a. - a ••e p srs a C 0 PC o e _ T 5 r ' a . a rC II g ••. en S C -sT• •a Dmostt.v I oaw• 0.1•=bNgY rmyn tra ar cuwc• ioNaTONUNIFOPY CO JRT DOC KETY COPY WASNINGTON UNIFORM ABSTRACT OF COORT -COI COY•.• ... r•m�••ract ilAuRAN3T014 INWOPIA NOTICE Or PAPPIACTION-DEFERERANTS COPY . ...coo,r•• VALSKINGTON UWWORM°mice S REPORT-LEA COPY =.I Dean as I ' I . i I 1 i I - • • 09/01:94 10:26 f2206 296 0913 KC POLICE CID . Ci1011 . . •:- • .• ..• • -y, •t• 4 , . • . : : ..• LA••.,. '•••:;••14•V"'..A.. .•li,T,;.•':-.„:Z.";'••..7•;:W r• .•::•:.. .. .,.• •4' L.4",,... •.r',."- •'•::.:''.-4.:‘..;• ."• 'Z'1••••:'Wee.17.....• .sei 'e.• 0. ft" • ••••••', i.: •,..!..:•. . . 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DATIOT- . . . . .s. ..... .. • •----- - ...91 1 . --- v, ..-------- - -..--- . • • ' - ) 09/01/94 10:28 ty208 298 0913 KC POLICE CID qh012 WITNESS STMT KING COUNTY POLICE q4 846 OE I OFC W VICE CONTROL UNIT j 0$/31/9419:05 6t35-G•-0 PROSTITUTION ARREST 1 - 4 AT 1427 HRS I WENT INTO THE XOTIC TA.N SALON LOI sTD AT 00 3_ 9 WAY TO CONDUCT AN UND • 29500 PHS SUITE 0 IN FEDERAL HERSELF AS SABRINA. TGATION. I WAS MET INSIDE BY A WFAIWHO IDENTIFIEDHRY MINUTE. DANCEGET A FOR IGR TOLD ME �FWR RIXAY DOLLARS WOULD JOIN ME IN A ROOM AND, LINGERIE SESSION WHERE A MODELTHE MODELS NAME WAS KERI AND THAT KERI IN HER ' NO AND CHNMEEA D THAT I COULD NOT TOUCH HER; THAT "YOU CAN • WOULD' NOT TOUCH ME AND ANYTHING TO YOURSELF BUT • TAKE ALL YOUR CLOTHES OFF IF YOU WANT AND DO A � NO TOUCHING THE MODEL" -. �T THERE T�SEssIONWASNO� TOWELSCOULD USE ROOM FOR ME- TO USE; AND WANTED. I TOLD HER OKAY AND TONE OFIN W .00. SABRINA ASKED ING BEDS IF I NAME AND THEN WROTE IT INTO A . LOG RB BOOK. JUST THEN AN AFA WEARING. A BLACK DRESS CAME INTO THE LOBBY LTHROUGE A"D OR THAT LEADS TO THE "LINGERIE" ROOMS AND THE BACK TO BEDS.NESABRINAHLGERIE ROOD ROOM HAD ARSOFT COUCH NERI TOOK THATEATONET� HAD OFW THE TERIE ROOMS BOTTLE OF BABY OIL TWO WHITE A TABLEOWITH AELIGHTEDNG LAMP ACROSS THETHE ARM RES THET OTHER END A TYPE LOTION. KERI THEN REPEATED BE�L�OF LOTION P.ND�THE TWO HAND NA. EAT) JUST TOLD MX AS SHE POINTED OUT THE .OAN ME E GET TOWELS ' "FOR YOU TOUSE DYB IGHT. SHE THEN BACK. I STRIPPED DOWN; TO MY IFSCOMFORTABLE FTD TO THE ROOM WEARING A • BRIEFS AND AFTER 1-3 MINUTES KERI AETURN"r.D SILK-LIKE ROBE. KERI REMOVED C�TROKE 'AC.+ND, WAS AD THEN WEARING A WHITE BRA, BLACK PANTIES, B NEARBY AND; SHE IT N HED A OA OF AITIMEROTHATWAS SITTIINGRON THE TABLE AND T� ON. SHE ALSO INGSTARTEDA AWAS IDENTICAL BEGAN PERFORMING A DANCE TO THE VEDMUSICW FOR ME THAT 1JINVESTIGA INVESTIGATIONS S "COUCH" DANCES THAT I HAVE RECEIVED WHILE CONDUCTING INVESTIGATIONS AT NUDE DANCE CLUBS. KERI STARTED THE' DANCE BY STRAY AS SHE FACED ME, LEANED CLOSE TO ME AND PUSHEDDHER BONRAT COVE CH COD BREASTS TOGETHER AND PURSED HER LIPS. SHE THEN HER AESES YIvtFROMES 4-6 HES PULLEDAY AND AT OTHER THE CROTCH ABOUT 12 THE INCHESUP18 A AWAY ITEM MY FACE, AND FRTERV IVA SHE THEN EXPOSING INGERS ,UP AND DOWN EDGESE OF THE �� DG HER D V N FIRST R NSIDERRE( PANrIIESAIN AN THEN PSAANDDIDOO L D MIDDLE_ FINGER AWAY FROM THE COUCH TURNED A OUNDND BUTTOCKS. KERI IZgaITEX AT HHEW STD30 MINUTE PERIOD BENDING AT THIS SEQUENCE SEVERAL RTIMESIETHROUGHOUTOhT HER REPEATED BUT AT TIMES WOULD VARY THE SEQUENCE BY LAYING CN HER BACK DIMECHER PULLLY THE CROTCH PIECE OF HER PANTIES 1P IN OVHE I VAGINAIN FRONT OF EE AND D AGAINST A NEARBY WALL. AT ONE TIME AS StiE ROLLED HER EYES UPWARfl. ALSO INSTEAD R I RIGHTHE IN PULLS OFH R ROTSHE LEAVE ! WHEN SHE PULLED Ii1rRcR�CS�IBENTAW.�R�ACING AVfAY COMPLETELY F'ROMX,MES9HT;ED ME R VAGINA. EXPOSANOTHER D TIME, BRIEFLY EXFOSED HER ANIZABMTFERWMTIS II HODEFRSRO DI OWI NED . TOWARD HTH• IF I COULD TOWARD THE LOTION- I POURED SOME LOTION ONTO MY PENIS AND BREIFLY 1 IU FITZGERALD, NU UNIT 8UP£RV60"i1EVIEWI G FL Of REDsoGNAT OFFICER =Pygp}(T 0 CM/ilE6FJU INC.BEATTIE.WA REV WU ITZ JOSEPH 04421 262 I 09/01/94 10:29 $'206 296 0013 RC POLICE CID.-, .. j 013 • FC WITNESS STMT • KIN G COUNTY POLICE 94-2e9846 •,r NE VICE CONTROL UNIT g�S-G-0 „„ wQ ON ARREST CASE 9419:05 DIRECT PROSTITUTI TO • CASE FILE OK IF I MASTURBATED. SHE SMILED CAN I AND NDONED MYSELF. I ASKED IF SIHE, , W6 DO IT, FOR ME- BUT NODDED YES, I ASKED IF PURSUE IT WOULD FARTHER- TWICE DURING THE DANCE ROUTINET I CAN'T• _ I DIDN'T HHANDDSS AND ANY AND AS SHE FACED SppRMING LEANED1IIT N A F INCHES OF MY OPENED HER O FOR PENIS AND ANDY 0 IFTSHE WAS GOING TO PERFOR 4�' SEX,YOU'VE GOT FIVE IHTL BLEWAN AS A SHY T INFORMED ME TO GO TELLINGMINUTES">T 'MST WN AIR SESSION PENIS.NEARLY OVER. SHE SEEMEDTIME I HAD IF THES NG WASO ANYTHING TO 1"i'1�IF THAT WAS ALL THE STOPYEDDANCING AND TURNED O DO WAN GOING TO DO SOUNDED AND STOPPED NC BOOTH OR SEE TOTH IT.IN.IN- THETIME T SHE SAID I COULD NOW USE THEIF I KERI COULD Di7G_C ME. CHECK ON THE TANNING SEESTSIR PIECES WANTED. KERI OF ANY GARMENT GE OTHERE TDE NO AT WHAT SHE WORE, AND DID DISPLAYED SS LOBBY.ENP MOMENTS LATER DET LEFTTHAT RETURNED INTO TEE SLAY FROM MIKE GILLIS, IS, HTOGHADER��D AHEAD OF ME, cAME ANOTHER R • D HAD SABRINA WITH HIM. DET GILLIS AND I THEN JOINED TIF ROOM AND VICE DETECTIVES. WE IDENTIFIED Y EDETS AS KING PAT COVEY WHOHAD BEEN.WAITING OUTSIDE. KERI AND IN THE LOBBY BYTANNER LICENSES. THEY TWERE THAT THEY DID NOT HAVE ENTEFEDERAL WAY CITY ENTER gpLD TH TATD IN VIOLATION OF THE AmN- \ TOLD CODE Y�TE�Y WERE ALSO UNDER ARREST FOR PROSTITUTION. � MINT CODDING ICHRI` WAS IDENTIFIED FROM A MZCFIIGRN DRIVERS LICENCETO KING KARISA N ENT DOB 02-15-71• I CITED DEHRING. 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IS 1--a.).4-rriad-11.120C/te4D-OCU6 - 1 CERZIF Y j OR OECLAgE.'..NDER PENALTY or PERJURY uNOER THE LAWS OF THE SUITE OF WA.SHWIGTON .. ..4 NAT T FOREOONG IS TRUE NO COFIRECT. ir ---r.--I- 2 •,s,,.. ;a • -- 74:----J •••••• • 1 OP3iqe ieee'07S' _ ._._ . • • ... -•‘........ •- • ------ • • ‘ - • -vs.„, . . .. . ..• ...• • . ._, ... ••• .. •.. .,.., . •,.• •:-. 7-. ...,:.... :-....iorriom rgrovo,rx-e. -• : _ .,08/01/94 10:32 12200 296 0911 RC POLICE Lr umm~...g. * • . I King County Police V � r�� .� (% o: Stsboorani o Cont%nuatlon1Statementla•R� Q zeor7 mail. woo•1 • 11P L..ii--r— v. ino ► stow, • __ `C. • _r. — ! ,/� m ,,,, Aug f .." *J. A . . Ael fw- - Y 4111 ,r, . si, _ . . .,..-. .... 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OfFia' . •.. ••••.... .•-- .. ..• ' • ..:0•••Ca-. 0 WI • • WASI'llea• .• .••-• • (014-CECLAREAN0PENALcoms. TY°F:RjUR.. V.4ACER. . ..• 7 LAWS. 0 F THE::An- ICIF-.... "?_.a..:4'f.J............21-;%.*:. 4 g:44,*T Ti C FORGO • * ..ak ••.;•I...-. -.11.-0 ..-. . . :. .. .-itri .... '•...• 1.. MIMI 0.101°' 9 51 4' 3 . itn/C. I" .. # ••• i .., .. . ....• • . . ' • • , • • _ • ' • • ;09/01i94 10:35 12206 296 0913 HC POLICE CID `'"'�. :EXPLANATION OF RIGHTS p Icy Q AvE V�(• • `t Time 1(O.Hrs. f lace =v; A CIA WI St....Ifnent of: . EXP ,ANATION OF MY CONSTITUTIONAL R'G►tfi Q of any statement. I. u _ • have been advised and the making Before questioningQ rights: `;y of the followln g by '1- (1) I have the right to remain silent. Anything that I say or sign can be used against tamet Ii say c court go law. a be used (2) I uny ganything understand that a ifcriminaljuvenile,againstme prosecution in the event that Juvenile Court declines jurisdiction in my case. own choosing, and to have ' (3) I have the right at this time to an ingnand thof �matttny or signing of any him present before and during question statement. for me If I cannot afford an attorney, I am entitled to have one appointed (4) and to have him present before and during by a court Without cost to me statement.questioning and the making or signing of any, f th (5) I fanth ar understand that I have the right to exercise anyy o r hegabnveo frights at any time before or during any questioning a n ---7 statement. r Signature A WAIVER OF CONSTITUTIONAL RIGHTS not ve explanation of my constitutional rights and I•understoa un tSht m and wehout decided is for promises o exorcise I have mad the abo P me freely and these rights at this time.The following statement is mad. by •-+ e' Witnesses: of any kind. + ,e 4 ----) Signature L ---------------- t Mr APE a P�'K E o� X-p�cC Ai I-- r 4E M G2. NC rrJ1Jr'-1 II v ox,. L o �( 1 ,vr�mr S or io iU-I4C'J ,t om .16 A2 cK c sup ae Or , F L J r ?AA u c• s AN I. • US �� ��ti M���,• r ,GIJtJ cy r 2 _ Ar' -1 - u S m rt4e l A=�c �yf L�(Pr: :mil urJ. ".54- r n, 0 c-A «u cyu��� o E rH ys � • P r N �� 6 a r k' A - raucN /y1 • N a 0SC: ANC NQ `CrZ AGE trig . L 1)O r W :o' L \ •r.OP, 8...1 (7162) 09/01/94 10:36 13'206 296 0913 • ■{�� ITT- RC POLICE CID 020 y�� TI ., - .,r.,, King County Polio() 9!,4,—..2„ir 713,a sell Dm 1' '0 9 ® Continuation/Statement/0.R a 1. 5 0 1 42.% 1 Moire Raced SS Nu...(Lad. 'MOMoff sa 1 A A . R'O 1' S'71 I�W.nN add..d p V Ulble'1 1 L , '' '�./� T 1'ET7Q".'r(Lien J Fox 9 A J r .0 , M ' , • - rJb'7HdE- uc ro Feu., I crH a F/10 O : •. ,r. .si . •b• WA • . • OUP r � Lid- r ": . �t1 c�1 `r 9.,d • . w oAi�f! reluSaSair j . AuE R&7 O /- Sj riCA__6,_ v - Mel A _ .UP E�2 i, • •• p r sL �7/�h I � �,alG d rt"D MS A N. .. . 1 . l LI a ^` r 0 r. . A�.a • / eNr =• L A.GcANA •N -• R N: A T_, 1 I 1 j i 1-- Duo Cop..a (.1 t000rono iacr tc.1o.114 + ' I1 - 1 I 09/01'94 10:36 /2206 296 0913 SG POLIct. cam ti--'_ c«t..,. tCounty Polices r44:702.8 '7 3.a King Y ° ,van...stivonel 1 Cia.) Continuation/Statement/O.R. og y•y , Tans 8,.�.... ., i„ 5"1 ud44) - - 02 -7S�S �O (►� I.- • M M. sm. D9 0e rcuir //ff u/ w, Li •; St J ITS D45P(t,TEU �, o ' n C- rri E x'Gr�S 0 :•a-9 S car AP — x. 1 Oki k •S 7 ELE13,n III0 0 OS. A • /I. 01., 4.' ! WM/ r.ki - - ,> . - -Y.z -reb '_ - .43- - Gt � FTP 1.01 r nta1 � p � aSs 17 !uo to a vt' �t.� )1t Sr1F JCS "X�-aVV'-. .:S •.a ta► BY A• r'Ar.1 E�J'1'1 _ euL� MCC ," -722" •t.0 . m �• N. •r . . RW. 0.00 4N. z. - l4Ar cm)" Lai A PeavfifE ROOM Fog A r L N r a L= Aar ju( Gu''2L WO(LLOivt- r ArJD �r,Jc[rt� . c"7JA7� C COI ME. dE •5l:A� �`"1 • o4e woWO .. E .. 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C�rit NSA o>J r7JC No No repooloorreniinng ti.1r.Doro� PI" Md a G icffi1 t�Yt .09/01/94 10:37 12206 298 0913 KC POLICE"CID 022 lac;cion • R King County policy: 9, '�-,a.U 7 3.0.!o • 11 m' ' .....su• a continuation1Statement/O.R• ' or d9. 9f ' Moorsmcksel Res:t"'al WJ5L.�i li • 1�'til .T t:S GM sun. J0 I Dt�7tR"rs(1 fl x_ Ackireat • s R �i S Co V F -c OFF wcr: sn m gr a CCr - e E -n co.)N, be Co►yI� ID g1j J 1. J NCc r." OR rN.— li ' �� U — — C- WAS Of�I I. ( }d LC.H E. r- E ll �q r.r'�n-e QUI O�-�F OO R "T'W - • IJO c p b ClZ O N • u ._. • ' 0 d - R 7 �f2.0YlA N o�e• -Fr -ne sr CC a t�ib�S 1ti�aL i � ikt r pW o uv. � �=rz O/Y.cN- trio rro nn P COO- ,, SA t Wr 6 ~sSAt- I 1 . Nft C i-0---d4c1� _, s . � � - � ayu ca /o� (kg). n - b- . 4 � is ' EN pMvCrd I • W. � � .• u�2G" K s t+ 1,)(3 r ro�,0 v.), I � p n 6 i'q�� � �co�4�- � 2; A MO '• isb'(1S LLk) AST 2 ��� orLlall- c - K ns4. 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I.► a 77 - G y F.Q. gar. :`^ ��- l • to dif 89/01/04 10:38 '$206 296 0913 - KC POLICE CID _ 10023 ®StsWetint King County Police o Gteoare hreu.w a Continuation/Statement/0.R• V3•,2 y 9 4 Wan t Ip ,o,Poona Bu•im s Phone me M" 1wt. ) l (1 4IL }J O1 DLTeCtGUB` I rnr_r7� OFF !�0 �rcnuT (Cavr.) cS la R n'l• ' - �r�Pta/rl1 o�ie� OFF. 1 E2 b o 3 4 4 1:3 ce 610v-t\ A COS cr A- v NI5• s IAA an/1 114E Flr'avat WAN t.S oE__Lgrrcx1i nub Au0 u ,9S /DM0 1 N#r Y 1140 ` �.{� `, llb! C n r atY �0 eV stT . r ROSC t N& cymPl r ]�A r3rZ R.�S�� 1'1d • �(�A s' r s6� A•NQ N O .�Li�. CaKtrcoN�' NO3.54(57 w 2 I i I I 1 t •I r.00nro UM r.r.•.w0 Doe rpm n 07763 & r Peon T°' . - , ---•--�--�'�' .09/01/94 10:39 $ RC POLICE CID20G 296 0913 - .- 3 O --------r King County Police; .. • nee ContinuationlStatement/Ci.R. M j b,...Rwn. 4bAM(lam Fd.1AIAE R 0 C �=S fAw+A r �• n° • .coy °41,+oc5 oA=• I ,,,.,.,.,, C o ri'n�1CAL OAY W .µ `° ' Ui3C�1Q C� r: • .: . . ' n yet . • 5 PD c....3/J// ...: rr '_{ • it • j _ . 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FINDER AND EVENTS , 3 ��• ' ..k for the Vu nearest u! °; t ANGEROUS PRE .EDENT. . . . - 4 - , by does the Ku Klux Klan have rights .ut your naked body doesn't? ~ WE AMERICAN BEAUTY . . .. 9 •r herokee shows the world what the . - - hite man was missing `` _ Y ,' N'S SEXY FANTASY j e Princess of Erotica takes on the team k r i a � t the local watering hole- . x y ti � . ; ,ry,t r7 ' A EGENDARY GiO V 2 O • f n depth look at the sexiest striptease artist ,- ' t. a . r to grace Bourbon Street 1. EAR VU VIEW 31 Y ,, collection of the finest assets at Deja Vu - r RUNG IS PRECIOUS . . : 41 • rt •m's best kept secret comes alive...: ' - . • _ • Deja Vu's Centerview •. ,` ? r t aA 1, EBRATE ENLIGHTENMENT- - ;'' _ ; r:E' e American Library Association won't let e: •t .�' t ., I censors sleep tight.They want you to ' ' d a.banned book! ? • ERSTAGE 5 7 •ja Vu brings you six fine entertainers wait!• . . '' .;: .al. ..F j r you right now at a club near you! h v. / • , WORLD ACCORDING TO•JASMIN . `76 .- E >�;. ja VU's Showgirl of the Year brings you i = "_. -r own unique perspective on sex in the 90's c -EIGN MATTERS. - ' '..'-.:--,Where The Party ' sterdam is a city of free sex, lots of drugs Never.Ends... ;� t ,' d plenty of nudity,but is Dutch society crumbling? r • " r tV" dwa3. a; . Bigg is bigger than ever and rating th•e pics.! J: • ,4 :1 • _ ' iel:Harry Mohney • Stan Photographer:Travis Harvey • r '`" 1 ,. Asst.Production Manager. { :, ` °}i r. 11.... rig Editor:or:JovaY "' , ;.. ,-. ya.Tom Jones . Nicole Mastrovrtoit. _. i,,� {. TT — :per;Eric Delsman tom; ' ' ^k� 4 k r. . r 4 ., ; r •vertising Inform: . •,,call : _ , • I EXHIBIT "C" CITY OF BELLEVUE ADULT ENTERTAINMENT DOCUMENTS Exhibit C-1 Bellevue Adult Entertainment Ordinance Exhibit C-2 Amended Findings of Fact and Conclusions of Law in the matter of Ino Ino, Inc. v. City of Bellevue, King County Superior Court Cause No. 95-2-02025-9 Exhibit C-3 Declarations filed in the Ino Ino, Inc. case K:\COUNMEMO\ADULTENT.EXC ti.•WP0270C-ORD 11/19/93 • CITY OF BELLEVUE, WASHINGTON ORDINANCE NO. 211221 AN ORDINANCE relating to adult entertainment cabarets, and amending Bellevue City Code Chapter 5.08. , WHEREAS, the City Council is committed to laws a tin bitinthe general g obscenity, welfare of the City through the enforcement P indecency, and sexual offenses whileo rving testimonytandtotherly evPdencetand forms of expression, and based up public information before it, the City Council finds that: A. Regulation of adult cabarets is necesscriminary abecause ctivity hasthe absence of such regulation, significant historically and regularly occurred; B. Important and substantial government interests provide a constitutional basis for reasonabllt eon f s place and manner under C. Licensing of adult cabarets is necessary to ensure compliance with locational , zoning, and regulatory requirements for such businesses; ts is D. Licensing of entertainers exploitatione iof adult minorsabtoeensure that necessary to prevent each such entertainer is an adult; and E. Licensing of managers and es wheiadult their entertainment �s offered is the premises during all tim n necessary so that an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers, and other employees, will be available at all necessary times; _ F. The licensing fees required herein are nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the City in regulating adult cabarets; -. G. The provisions of this Ordinance shall not be construed as permitting any use, activity or structure that is otherwise prohibited, illegal or made punishable by law, nor shall it be construed so as to prohibit conduct or expression that are subject to constitutional protection; Now, Therefore, c-I - $.1 e. WP0270C-ORD 11/19/93 THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 5.08.010 of the Bellevue City Code is hereby amended to read as follows: A. "Cabaret"means any room, place or place or space whatsoever in the city in which any music, singing, dancing, or other similar entertainment is permitted in connection with any hotel , restaurant, cafe, club, tavern, eating place, dlirectly selling, serving, or providing the public, with or withoiut charge, food or liquor. The words "music and entertainment"; as used herein, shall not apply to radios or mechanical devices!. B. "Adult Cabaret" means any premises, including any cabaret premises, to which the public, patrons, or members are invited or admitted and where an entertainer provides adult entertainment to any member of the public, a patron or a member. C. "Adult Entertainment" means: 1. Any exhibition, performance, or dance of al,ny type conducted in a premises where such exhibition, performance, or dance involves a person who. is unclothed or in such costume, 1 attire, or clothing as to expose any portion, of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; or 2. Any exhibition, performance or dance conducted in a premises where such exhibition, performance, or dance, is performed within six feet of one or more patrons, and is intended, or likely-to, sexually stimulate any patron. D. "Employee" means any and all persons, including_managers, entertainers, and independent contractors, wholwork ,in or at or render any services directly related to the operation of any adult entertainment cabaret. E. "Entertainer" means an person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for entertainment. • F. "Manager" means any. person who manages, directs; administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret. G. "Operator" means any person operating, conducting, or �.�- maintaining an adult cabaret. WP0270C-ORD 11/19/93 H. "Person" means any individual , partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. I. "Clerk" means such city employees or agents as the City Manager shall designate. J. "Liquor" means all beverages defined in RCW 66.04.200. Section. 2. Section 5.08.020 is hereby amended to read as follows: A. It is unlawful for any person to conduct, manage or operate a cabaret or for any entertainer to perform in an adult cabaret unless such person is the holder of a valid and subsisting license from the City to do so, obtained in the manner provided • in this chapter. B. It is unlawful for any entertainer, employee manageror a to knowingly' work in or about, or to knowingly porf any service or entertainment directly related to the operation of an unlicensed adult cabaret. Section 3. Section 5.08.030 is hereby amended to read as follows: 5.08.030 License prohibited to certain classes. No license shall be issued to: A. A natural person who has not attained the age of twenty-one years, except that licenses may be issued to persons who have attained the age of eighteen years with respect to cabarets where no intoxicating liquors are served or provided. B. A natural person who has been convictedwofhan crime e invyeaolving or prostitution or promoting pros s pri to filing his or her application. . C. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same manager ofiansadultired of the licensee, or cabaret, the manager hasin obtainedse a of a manager of manager's license. D. A co-partnership, unless all the members thereof are qualified to obtain a license as provided in this chapter; • -3- WP0270C-ORD 11/19/93 • E. A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent thereof. Section 4. Section 5.08.040 is hereby amended to read as follows: Any person desiring any license required under the provisions of this chapter shall file written application with the clerk on forms provided by the clerk for that purpose. All applications shall be signed by the applicant and notarized or certified as . true under penalty of perjury. A failure to provide all information required on the form will constitute an incomplete application and will not be processed. The clerk upon presentation of a complete application and before acting upon the same shall refer such application to the police department for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which might tend to aid the clerk in determining whether or not such application should be granted. After the police department has reported back to the clerk the result of such, investigation, if the clerk if satisfied that the statements contained in such application are true and that the applicant meets all requirements of this chapter, the clerk shall issue the license applied for; provided, however, that if the clerk is not • satisfied that the application should be granted, then. the clerk shall deny such license application., Section 5. Section 5.08.050 is hereby amended to read as follows: 5.08.050 Cabaret license fees. A. Any person desiring to obtain a cabaret license shall first pay a license fee of four hundred dollars per year. B. Any person desiring to obtain an adult cabaret license shall first pay a license fee of seven hundred fifty dollars per year. C. Any person desiring to obtain an adult cabaret manager's license shall first pay a license fee of seventy-five dollars per year. D. Any person desiring to obtain an adult cabaret entertainer's license shall first pay a license fee of seventy-five dollars per year. Section 6. Section 5.08.070 is hereby amended as follows: 5.08.070 Standards of Conduct and Operation - Adult Cabarets -4- ..` WP0270C-ORD 11/19/93 A. The following standards of conduct must be adhered to by employees of any adult cabaret. 1. No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, • buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. 2. No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire, costume, or clothing as described in subdivision 1 of this subsection. 3. No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus, or genitals of any other person. _ 4. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, or genitals, anus, buttocks, or any portion of the pubic region. 5. No employee or entertainer shall perform acts which constitute a violation of the provisions of Chapter 10A.88 or the Bellevue City Code. B. At any adult cabaret, the following are required: 1. Admission must be restricted to persons of the age of eighteen years or more; except that for- adult cabarets where intoxicating liquors are served or provided, admission must be restricted to persons of the age of twenty-one years or more. It is unlawful for any owner, operator, manager, or other person in charge of an adult cabaret to knowingly permit or allow any person under the minimum age specified to be in or upon such premises. 2. Neither the performance nor any photograph, drawing, sketch, or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the adult cabaret. -5 • • WP0270C-ORD 11/19/93 3. Sufficient lighting shall be provided in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all' times. C. A licensed manager shall be on duty at an adultjcabaret at all times adult entertainment is being provided. The name of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying. that' any person who provides adult entertainment within the premises possesses a current and valid entertainer's license. D. It is unlawful for any adult cabaret to be operated or otherwise open to the public between the hours of two-thirty a.m. and ten a.m. • Section 7. Section 5.08.090 is hereby amended to read as follows: 5.08.090 License revocation - Hearing. The clerk may, upon the recommendation of the chiefjof police or his delegate, revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or .for the violation of any; of, or failure to comply with the provisions of this chapter by the licensee or any of his servants, agents or employees; or the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises in which his cabaret is conducted; or in the event that it is determined that the further operation of said cabaret would be detrimental to the public peace, health or welfare of the city. • -6- I • WP0270C-ORD 11/19/93 Section 8. This Ordinance shall take force and be in effect thirty days after its passage and legal publication. PASSED by the City Council this ,12r day , 1993, and signed in authentication of its passage this day of , 1993. . (SEAL) • Cary Bozeman, Mayor Approved as to form: • Richard L. Andrews, City Attorney Lori Riordan, Assistant City Attorney Attest: Myr L. Basich, City Clerk Published Nov. 2b , tqq3 -7- • pIp, I !�. l WP0421 C-ORD • - 01/23/95 CITY OF BELLEVUE, WASHINGTON • • ORDINANCE NO. 4735 • AN ORDINANCE amending Ordinance No. 346, Sections 1, 2, 4, and 8; Ordinance No. 2070, Sections 3, 4, and 5; Ordinance No. 4602, Sections 1, 2, 4, 6, and 7; Ordinance No. 4692, Sections '1 3,'5, 6, and 8; Ordinance No. 4695, Section 1; and Bellevue City Code Sections.5.08.010, .020, .040, .060, .070, and .090; clarifying regulation of adult entertainment;:and providing • time limits for issuance of licenses and appeals from licensing decisions. WHEREAS; the City Council finds it necessary to modify regulations for adult cabaret businesses to clarify definition; licensing and appeal provisions, increase their enforceability, and eliminate certain portions of existing regulations, Now, Therefore, THE CITY COUNCIL OF THE CITY OF BELLEVUE, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 346, Section.1, Ordinance No. 4602, Section 1, Ordinance No. 4692, Section 1 and Bellevue City Code Section 5.08.010 are hereby amended to read as follow: • 5.08.010 Definitions. A. "Adult Cabaret" means: Any commercial premises, including any cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public. B. "Adult Entertainment" means: 1 . Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is.unclothed or in such costumeiattire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or coverino exposed to view which simulates the appearance of any portion . . . . . . . _ . - ORIGINAL WP0421 C-ORD = • 01/23/95 • • • - li of the female breast below the top of the are la or any portion • of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; • • or 2. Any exhibition, performance or dance of any type e conducted in P a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: (a) human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual interbourse or sodomy; or (c) fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance which is'' intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private_dancing or straddle dancing. C. "Applicant" means the individual or entity seeking acabaret license in the City of Bellevue. D. "Applicant control persons" means: All partners, corporate officers and directors and any other individuals in the applicants business organization who hold a significant interest in the adult cabaret -2 . I • • •• • . . OR / G/NAL WP0421 C-ORD • • i • 01/23/95 1 5.08.040 Application.A. Cabaret License. Any person desiring a cabaret license required under the provisions of this chapter shall file written application with the clerk on forms provided by the clerk for that purpose. All. applications shall be signed by the applicant and notarized or certified as true under penalty of perjury. A failure to provide all information required-on the form will constitute an incomplete application and will not be processed. The clerk upon presentation of a complete application and before acting upon the same shall refer such application to the police department for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which would aid the clerk in determining whether or not such application should be granted. After the police department has reported back to the clerk the result of such investigation, and within fourteen days of the date of filing of the complete application, if the clerk is satisfied that the statements contained in such application are true and that the applicant meets all requirements of this chapter, the clerk shall issue the license applied for, provided however, that if the application does not meet the requirements of this code, then the clerk shall deny such license application. B. Adult Cabaret License. 1 . All applications for an adult cabaret license shall be submitted to the clerk in the name of the person or entity proposing to conduct an adult cabaret on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the City, which shall require the following information: a. For the applicant and for each applicant control person, provide: Names, any aliases or previous names; driver's license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number. b. If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws-of Washington, and name and address of any registered agent for service of process. -5- . . ORIGINA.L WP0421 C-ORD 01/23/95 - c. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the City,or another city, county or stater and if so, the names and addresses of each other licensed business. d. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor. i. e. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five (5) years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition. I f. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three (3) years immediately preceding the date of the application. g. Authorization for the City, its agents and employees to seek information to confirm any statements set forth in the application. ! h. The location and doing-business-as name of the proposed adult cabaret, including a legal description of•the property, street address, and telephone number, together with the • name and address of each owner and Ie;ssee of the property. i. Two (2) two inch by two inch color photographs of the applicant and applicant control persons,;' taken within six months of the date of application showing only the full face. -6- • . . • ORIGINAL WP0421 C-ORD • 01/23/95 j. A complete set of fingerprints for the applicant or each applicant control person, by Bellevue Police Department employees. k. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans which demonstrate conformance with Bellevue City Code Section 5.08.070. 2. An application shall be deemed complete upon the applicant's provision of all information requested above, including identification of "none" where that is the correct response, and the applicant's verification that the application is complete. The Clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter. 3. A non-refundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application. 4. Each applicant shall verify, under penalty of perjury that the information contained in the application is true. 5. If any person or entity acquires, subsequent to the issuance of an adult cabaret license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the City Clerk, no later than twenty-one (21) days following such acquisition. The notice required shall include the information required for the original adult cabaret license application. 6. The adult cabaret license, if granted, shall state on its.face the name of the person or persons to whom it is. issued, the- expiration date, the doing-business-as name and the address of -7- . . ORIGINAL WP0421 C-ORD 01/23/95 the licensed adult cabaret. The permit shall be posted in a conspicuous place at or near the entrance to the adult cabaret so that it can be easily read at any time the business is open. 7. No person granted an adult cabaret license pursuant to this chapter shall operate the adult cabaret business under a name not specified on the license, nor shall any person operate an adult cabaret under any designation or at any location not specified on the license. 8. Upon.receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and community development departments for their investigation and review to determine compliance of the proposed adult cabaret with the laws and regulations which each department administers. Each department shall, within thirty days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises complies with the laws administered by each department. No license may be issued unless'each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult cabaret license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult cabaret is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws. 9. An adult cabaret license shall be issued by the clerk within thirty days of the date of filing a complete license application and fee, unless the clerk determines that the'applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or.fraudulent statement of material fact on the application for a license. The clerk shall -8- • ORIGINAL WP0421 C-ORD • 01/23/95 • grant an extension of time in which to provide all information required for a complete license application.upon the request of the applicant. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult cabaret license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk fails to issue or deny the license within thirty days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days. C. Adult Cabaret Manager and Entertainer Licenses. 1 . No person shall work as a manager, assistant manager or entertainer at an adult cabaret without an entertainer's or manager's license from the City. Each applicant for a manager's or entertainer's license shall complete an application on forms provided by the City containing the information • identified below. A non-refundable application fee of $ 100 shall accompany the application. A copy of the application shall be provided to the Police Department for its review, investigation and recommendation. All applications for a manager's or entertainer's license shall be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application shall require the following information: a. The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by Bellevue Police Department employees, social security number, and any stage names or nicknames used in entertaining. b. The name and address of each business at which the applicant intends to work. c. Documentation that the applicant has attained the age of eighteen years. Any two of the following shall be accepted as documentation of age: -9- . . . ORIGINAL WP0421C-ORD ..... 01/23/95 • • i. a motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; ii. a state issued identification card bearing the applicant's photograph and date or birth; iii.. an official passport issued by the United States of America; iv. an immigration card issued by the United States of . America; or • v.. any other identification that the City! determines to be acceptable. d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations ;in this or any other city, county, or state within five (5) years immediately preceding the date of the application, except parking violations or minor traffic infractions. e. A description of the applicant's principal activities or services to be rendered. f. Two (2) two inch by two inch color photographs of applicant, taken within six months of the date of application showing only the full face. g. Authorization for the City, its agents and employees to investigate and confirm any statements set forth in the application. - I h. Every adult entertainer shall provide his Or her license to the adult cabaret manager on duty On the premises prior to his or her performance. The manager shall retain the licenses of the adult entertainers readily;available for inspection by the City at any time during business hours of the adult cabaret. 2. The Clerk may request additional information or clarification when necessary to determine compliance with this chapter. _ -10- j ORIGINALWP0421C-ORD . • 01/23/95 .... ..• ••••.. • - . - 3. An adult cabaret manager's or an adult entertainer's license shall be issued by the clerk within 14 days.from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the.application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the • clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing . and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for an adult cabaret manager's license within fourteen days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an adult cabaret manager in a duly licensed adult cabaret until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days. 4. An applicant for an adult entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the clerk extend the application review time for more than an additional 20 days. Section 4. Ordinance No. 346, Section 4, Ordinance No. 2070, Section 3, and Bellevue City Code Section 5.08.060 are hereby amended to read as follows: 5.08.060 Appeal. A. Denial of License. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the Hearing Examiner, or to such other hearing body as may hereafter be established by..the city council for the hearing of license appeals, by filing a notice of appeal -11- • ORIGINAL WP0421 C-ORD 01/23/95 with the clerk within ten days of notice of the refusal to issue or renew. The appeal shall be processed under Process VI, Bellevue City Code (Land Use Code) Section 20.35.600, et seq. The hearing Examiner or other hearing body shall set a date for hearing such appeal, to take place within 45 days of the date of receipt of the notice of appeal. At such hearing the appellant and' other interested persons may appear and be heard, subject to rules and regulations of the Hearing Examiner or other hearing body. The Hearing Examiner or other hearing body shall render its decision on the appeal within 15-days following the close of the appeal hearing. 1 _ B. Appeal to Superior Court. Any person aggrieved by the decision of the Hearing Examiner or hearing body may appeal to the Superior Court for a writ or certiorari, prohibition or mandamus as provided in Bellevue City Code (Land Use Code) Section 20.35635. Section 5. Ordinance No. 4602 Section 6, Ordinance No. 4692, Section 6, Ordinance No. 4695, Section 1, are hereby amended to read as follows: 5.08.070 Standards of conduct and operation - Adult cabarets. A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present: 1 . No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed ;at least eight feet from the nearest member of the public. 2. No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even • if completely and opaquely covered, or wear!or use any device or covering which simulates the same. -12- ORIGINAL • WP0421 C-ORD '. 01/24/95 3. No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top. of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks. 4. .No employee or entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer. 5. No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined:in this chapter, or any act which constitutes a violation of RCW 7.48A, the Washington Moral Nuisances Statute, or Chapter 10A.88 of the Bellevue City Code. 6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the non-stage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public. 7. No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by.the adult cabaret or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the non-stage area of the adult cabaret shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer. • B. At any adult cabaret, the following are required: 1. Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager-13- • • WP0421 C-ORD .. ORIGINAL i 01/23/95 _ -. __. _ - • or other person in charge of an adult cabaret to' knowingly permit or allow any person under the minimum age specified to be in or upon such premises. ' 2. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks; genitals, and/or anus may be visible outside of the adult cabaret. • i No member of the public shall be permitted at any time to enter into any of the non-public portions of the adult cabaret, which • shall include but are not limited to: the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas; EXCEPT that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into non-public areas to the extent required to perform their job duties. C. The responsibilities of the manager of an adult cabaret shall include but are not limited to: 1 . A licensed manager shall be on duty at an adult cabaret at all times adult entertainment is being provided or, members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license. 2. The licensed manager on duty shall not be an entertainer. 1 3. The manager or.an assistant manager licensed under this Chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance areas of the adult cabaret. Where there is more than one performance area, or the performance areas is of such size or configuration.that one manager or assistant manger is unable to visually observe, at all times, each ladult entertainer, each employee,,and each.member of the public, a manager or assistant manager licensed under this Chapter shall be provided -14- ! ORIGINAL WP0421 C-ORD • 01/23/95... .. .... • for each public or performance area or portion of a public or performance area visually separated from other portions of the adult cabaret. 4. The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with all requirements of this chapter. D. Premises—specifications 1. Performance area. The performance area of the adult cabaret where adult entertainment as described in Section 5.08.070.A.1 is provided shall be a stage or platform at least eighteen inches in elevation above the level of the • patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which members of the public have access. A continuous railing at . least three feet in height and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager's station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever. 2. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10 foot centers is hereby established for all areas of the adult cabaret where members of the public are admitted. 3. Signs. A sign at least two feet by two feet, with letters at least one inch height shall be conspicuously displayed in the public area(s) of the premises stating the following: -15- ORIGINAL WP0421 C-ORD 01/23/95• - • - THIS ADULT CABARET IS REGULATED BY THE CITY OF - BELLEVUE. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE • C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA 4. Record keeping requirements. A. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days' written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this ordinance. B. Each adult entertainment business shall'maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an adult entertainer, including independent contractors and their employees, as an entertainer. This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours notice to the licensee. 5. Inspections. In order to insure compliance with this chapter all areas of licensed adult cabarets which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed • -16- • • . ORIGINAL . . WP0421C-ORD • 01/23/95 _ . • • • premises are operated in accordance with the requirements of this ordinance. It is hereby expressly'declared that unannounced inspections are necessary to insure compliance with this ordinance. E. It is unlawful for any adult cabaret to be operated or otherwise open to the public between the hours of two a.m. and ten a.m. F. This chapter shall not be construed to prohibit: 1. Plays, operas, musicals, or other dramatic works that are not obscene; 2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or • 3. Exhibitions, performances, expressions or dances that are not obscene. • These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b). G. Whether or not activity is obscene shall be judged by consideration of the following factors: 1 . Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and 2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and 3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. Section 6. 'Ordinance No. 346, Section 8, Ordinance No. 2070, Section 4, Ordinance No. 4602, Section 7, and Bellevue City Code Section 5.08.090 are hereby amended to read as follows: • -17 • - ORIGINAL WP0421 C-ORD 01/23/95 - - • 5.08.090 License suspension and revocation--Hearing. A. The clerk may, upon the recommendation of the chief of police or his designee and as provided in Subsection B below, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of, or failure to comply with the provisions of this chapter or any of the provisions of Chapter 1IOA.88 of this code or any other similar local or state law by the licensee or by any of his servants, agents or employees when the licer see knew or should have known of the violations committed by his servants, agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances. (as that term is defined in RCW Chapter 69.50) committed on the premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises in which his cabaret is conducted when the licensee knew or should have known of the violations committed by his servants, agents or employees. B. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24 month period, and revoked for third and subsequent violations within a 24 month period, not including. periods of suspension. C. The clerk shall provide at least ten days prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the Hearing Examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeals shall be processed under Process VI, Bellevue City Code (L'and Use Code) • Section 20.35.600 et seq. The Hearing Examiner for other hearing body shall render its decision within 15 days following the close of the appeal hearing. Any person aggrieved by the decision of the Hearing Examiner or other designated hearing body shall have the right to appeal the decision to the Superior Court by writ of certiorari E -18- ORIGINAL ' • WP0421C-ORD 01/23/95 or mandamus as provided in Bellevue City Code (Land Use Code) Section 20.35.635. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in Subsection D below. D. Where the Bellevue Building Official or Fire Marshall or their designees or the King County Health Department find that any condition exists upon the premises of a cabaret or adult cabaret which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with Subsection C above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the Hearing Examiner or other designated hearing body under the same appeal provisions set forth in Subsection C above, provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. Section 7. This Ordinance shall take force and be in effect thirty days after its passage and legal publication. -19- ° . . . • . . ORIGINAL • WP0421 C-ORD = 01/23/95 • PASSED by the City Council this AM.day of , 1995, and signed in authentication of its passage this „?3'i. day of , 1995. (SEAL) Donald S. Davidson, DDS, Mayor Approved as to form: Richard L. Andrews, City Attorney . Lori M. Riordan, Assistant City Attorney Attest: My Basich, City Clerk Published LI tka.ry , lc1 5 -20- Chapter 5.08 CABARETS Sections: 5.08. 010 Definitions. 5.08.020 License Required. 5. 08. 030 License Prohibited to Certain Classes. 5.08. 040 Application. 5. 08. 050 Cabaret License Fees. 5.08.060 Appeal. 5.08.070 Standards of Conduct and Operation—Adult Cabarets. .5. 08. 080 License Term—Assignment—Renewals. 5. 08. 090 License Suspension and Revocation—Hearing. 5.08.100 Liquor Regulations. 5.08.130 Nuisance Declared. 5.08.140 Additional Enforcement. 5. 08.150 Severability. 5. 08. 010 Definitions. -•. . A. "Adult Cabaret" means: Any commercialpremises, including any cabaret C premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public. B. "Adult Entertainment" means: 1. Any exhibition, performance or dance of any type conducted in .a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view • which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or 2 . Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or Doc ID: 5-183777 Ver: 3 8468-1 474 EXHIBIT: fi 1/10/95 KK rf.;.e:! 2.7g q2.0 A Ei.0 �� • Characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: (a) human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual intercourse or sodomy; or (c) fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or I I 3 . Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not, limited to; any such exhibition, performance or dance performed for, -� arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and is commonly referred to as . table dancing, couch dancing, taxi dancing, lap dancing, private dancing 'or straddle. dancing. C. "Applicant" means the individual or entity seeking a cabaret license in the City of Bellevue. D. "Applicant control persons" means: All partners, corporate officers and directors and any other individuals in the applicant's business organization who hold a significant interest in the adult cabaret business, based on responsibility for management of the adult cabaret business. E. "Cabaret" means- any room, place or space whatsoever in the city in which any music, singing, dancing or. other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly selling, serving or providing the public, with or without charge, food or liquor. The words "music and entertainment" as used herein shall not apply to radios or mechanical devices. F. "Clerk" shall mean such city employees or agents as the city manager shall designate to administer this chapter, or any designee thereof. Doc ID: 5-183771 Vet: 3 8468-1 2 1/10/95 KK ��/ G. "Employee" means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly, related to the operation of any cabaret. H. "Entertainer" means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for such entertainment. I. "Liquor" means all beverages defined in RCW 66. 04.200. J. "Manager" means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret, and includes assistant managers working with or under the direction of a manager to carry out such purposes. K. "Operator" means any person operating, conducting or maintaining an adult cabaret. L. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. M. "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a cabaret. N. "Sexual conduct" means acts of (a) sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or (b) any penetration of the vagina or anus, however slight, by an object; or (c) any contact between persons involving the sex • organs of one person and the mouth or anus of another; or (d) masturbation, manual or instrumental, of oneself or of one person by another; or (e) touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. 5. 08. 020 License required. A. It is unlawful for any person to conduct, manage or operate a cabaret Runless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter. B. It is unlawful for any person to conduct, manage or operate an adult cabaret unless such person is the holder of a valid and subsisting license from the city Doc ID: S-183777 Ver: 3 8468-1 1/10/95 ux 3Ha to do so, obtained in the manner provided in this chapter. C. It is unlawful for any entertainer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment :directly related to the operation of an unlicensed adult cabaret. D. It is unlawful for any entertainer to perform in an adult cabaret unless such person is the holder of a valid and subsisting license 'from the City to do so. E. It is unlawful for any manager to work in an adult cabaret unless such person is the holder of a valid and subsisting license from the City to do so. 5.08. 030 License prohibited to certain classes. • No license shall be issued to: A. A natural person who has not :attained the age, of twenty-one years, except that licenses may be issued to -� persons who have attained the age of eighteen years with respect to cabarets where no intoxicating liquors are served or provided. B. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee, or in the ,case of a manager of an adult cabaret, the manager has obtained a manager's license. C. A co-partnership, unless all, the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof. D. A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued toithe manager or agent thereof. 5. 08. 040 Application. A. Cabaret License. Any person desiring a' cabaret license required under the provisions of this chapter shall file written application with the clerk' on forms provided by the clerk for that purpose. All applications shall be signed by the applicant and notarized or certified as true under penalty of- perjury. A failure to provide all information required on the form will constitute an incomplete application and will not be processed. The clerk upon presentation Doc ID: S-183777 Ver: 3 8468-1 1 Z3 1/10/95 KK 4 of a complete application and before acting upon the same shall refer such application to the police department for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which would aid the clerk in determining whether or not such application should be granted. After the police department has reported back to the clerk the result of such investigation, and within fourteen days of the date of filing of the complete application, if the clerk is satisfied that the statements contained in such application are true and that the applicant meets all requirements of this chapter, the clerk shall issue the license applied for, provided however, that if the application does not meet the requirements of this code, then the clerk shall deny such license application. B. Adult Cabaret License. 1. All applications for an adult cabaret license shall be submitted to the clerk in the name of the person or entity proposing to conduct an adult cabaret on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the City, which { shall require the following information: a. For the applicant and for each applicant control person, provide: Names, any aliases • or previous names, driver's license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number. b. If a partnership, whether general or limited; and if a corporation, date and place of • incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process. c. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the City or another city, county or state, and if so, the names-and addresses of each other licensed business. Doc ID: S-183777 Ver: 3 8468-1 /4 2."7 1/10/95 KK 5 d. A summary of the business history of the applicant and applicant control persons in owning or operating, the adult entertainment or other sexually oriented businesses, providing names, addresses and 'dates of operation for. such businesses, 'and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor. e. For the applicant and all applicant control persons, any and ail criminal convictions or forfeitures within *ive (5) years immediately preceding the date lot the application, other than parking offenses or minor, traffic infractions including the dates of conviction, natureiof the crime, name and location of court and disposition . f. * For the applicant and all applicant control persons, a description of business, occupation or employment history for the three (3) years immediately preceding the date of the application. 9- Authorization for the City, is agents and employees to seek information :to confirm any statements set forth in the application. h. The location and doing-business-as name of the proposed adult cabaret, including a legal description of the; property, street address, and telephone number, together with the name and address of each owner and';' lessee of the property. i. Two (2) two inch by two inch color photographs of the applicant: and applicant control persons, taken within: six months of the date of application showing only the full face. • j . A complete set of fingerprints for the applicant or each applicant control person, by Bellevue Police Department employees. k. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret, including a statement of the total floor space occupied by-the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, Doc ID: S-183777 Ver: 3 8468-1 1125 1/10/95 KK 6 restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans which demonstrate conformance with Bellevue City Code Section 5.08. 070. 2 . An application shall be deemed complete upon the applicant's provision of all information requested above, including identification of "none" where that is the correct response, and the applicant's • verification that the application is complete. The Clerk may request other information or clarification in addition.to that provided in a complete application where necessary to determine compliance with this chapter. 3 . A non-refundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application. 4. Each applicant shall verify, under penalty of perjury that the information contained in the application is true. �= 5. If any person or entity acquires, subsequent to the issuance of an adult cabaret license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the City Clerk, no later than twenty-one (21) days following such acquisition. The notice required shall include the information required for the original adult cabaret license application. 6. The adult cabaret license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing- business-as name and the address of the licensed adult cabaret. The license shall be posted in a conspicuous place at or near the entrance to the adult cabaret so that it can be easily read at any time the business is open. 7. No person granted an adult cabaret license pursuant to this chapter shall operate the adult cabaret business under a name not specified on the license, nor shall any person operate an adult cabaret under any designation or at any location not specified on the license. - 8 . Upon receipt of the complete application and fee, the clerk shall provide copies to the police, Doc ID: S-183777 Ver: 3 8468-1 7 240 1/10/95 KK • fire, and community development departments for their investigation and review to determine compliance of the proposed adult cabaret with the laws and regulations which each department administers. Each department shall, within thirty days of the date of such, application, inspect the application and premises; and shall make a written report to the clerk whether such application and premises complies with the laws administered by each department. No liciense may be issued unless each department reports 'that the application and . premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review, of the drawings submitted in the application. Any adult cabaret license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted, with the application. Aidepartment =- shall recommend denial of a license under this subsection if it finds that the proposed adult cabaret is not in conformance with the requirements of this chapter or other law in. effect in the city. A .recommendation for denial shall cite the specific reason therefor, including applicable laws. 9 . An adult cabaret license shall be issued by the clerk within thirty days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection,— or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The clerk shall grant an extension of time in which to provide all information required for a complete license application upon 'the request of the applicant. If the 'clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult cabaret license, the clerk shall deny thelapplication in writing,— and shall cite the specific reasons therefor, including applicable law. If the clerk • fails to issue or deny the license within thirty days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the. business for which the license was Doc ID: 5-183777 Ver: 3 8468-1 8 !2 7 1/10/95 KK sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days. • C. Adult Cabaret Manager and Entertainer Licenses. 1. No person shall work as a manager, assistant manager or entertainer at an adult cabaret without an entertainer's or manager's license from the City. Each applicant for a manager's or entertainer's license shall complete an application on forms provided by the City containing the information identified below. A non-refundable application fee of $ 100 shall accompany the application. A copy of the application shall be provided to the Police Department for its review, investigation and recommendation. All applications for a manager's or entertainer's license shall be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application shall require the following information: a. The applicant's name, home address, home - telephone number, date and place of birth, fingerprints taken by Bellevue Police Department employees, social security number, and any stage names or nicknames used in entertaining. b. The name and address of each business at which the applicant intends to work. c. Documentation that the applicant has attained the age of eighteen years. Any two of the following shall be accepted as documentation of age: i. a motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; ii. a state issued identification card bearing the applicant's photograph and date or birth; iii. an official passport issued by the United States of America; Doc ID: S-183777 Ver: 3 8468-1 1/10/95 KK 9 A Z • • iv. an .immigration card issued by the United ' States of America; or v. any other identification that the City determines to be acceptable;. • d. A complete statement of all convictions of the applicant for. any misdemeanor or felony violations in this or any other ,city, county, or state within five (5) years immediately preceding the date of the application, except parking violations or minor traffic infractions. e. A description of the applicant's principal activities or services to be rendered. f. Two (2) two inch by two inch color photographs of applicant, taken:within six months of the date of application showing only the full face. g. Authorization for the City, its agents and employees to investigate and confirm any statements set forth in the application. ( h. Every adult entertainer shall provide his or her license to the adult cabaret manager on duty on the premises prior to his or her performance. The manager shall, retain the licenses of the adult entertainers readily available for inspection by the City at any time during business hours of the adult cabaret. 2 . The Clerk may request additional information or clarification when necessary to determine compliance with this chapter. I 3 . An adult cabaret manager's or an adult entertainer's license shall be issued by the clerk within 14 days from the date the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required toibe supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the - application in writing and shall cite the specific Doc ID: 5-183777 Ver: 3 8468-1 1 O I 29 1/10/95 KK reasons therefor, including applicable laws. If the clerk has failed to approve or deny an application for an adult cabaret manager's license within fourteen days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an adult cabaret manager in a duly licensed adult cabaret until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days. • 4 . An applicant for an adult entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the clerk extend the application review time for more than an additional 20 days. 5. 08. 050 Cabaret license fees. A. A person desiring to obtain a cabaret license shall first pay a license fee of four hundred dollars per year. B. A person desiring to obtain an adult cabaret license shall first pay a license fee of seven hundred dollars per year. C. A person desiring to obtain an adult cabaret manager's license shall first pay a license fee of one hundred dollars per year. D. A person desiring to obtain an adult cabaret entertainer's license shall first pay a license fee of one hundred dollars per year. 5. 08. 060 Appeal. - __ -, A. Denial of License. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the Hearing Examiner, or.-to such other hearing body as may hereafter be established by the city council for the hearing of license appeals, by filing a notice of appeal with the clerk within ten Doc ID: S-183777 Vet: 3 8468-1 1 1 AI,,(J 1/10/95 KK • days of notice of the refusal to issue or renew. The appeal shall be processed under ProcessVI, Bellevue City Code (Land Use Code) Section 20.35.600, et seq. The hearing Examiner or other hearing body shall set a date for hearing such appeal, to take place within 45 days of the date of receipt of the notice of appeal. At such hearing the appellant and otherlinterested persons may appear and be heard, subject to rules and regulations of •the Hearing Examiner or other hearing body. The Hearing Examiner- or other hearing body shall render its decision on the appeal within 15 days following the close of the appeal hearing. B. Appeal to Superior Court. Any person aggrieved by the decision of the Hearing Examiner or hearing body may appeal to the Superior Court for a writjor certiorari, prohibition or mandamus as provided in Bellevue City Code (Land Use Code) Section 20.35.635. 5. 08. 070 Standards of conduct and operation - Adult cabarets. A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present: 1. No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast belowIthe top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the1immediate floor level and removed at least eight feet from the nearest member of the public. ! 2 . No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision 1 of this subsection, nor • shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, •or wear or use any device or covering' which simulates the same. j 3 . No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, - genitals, anus or buttocks'. Doc ID: 5-183777 Ver: 3 8468-1 f�/ 1/10/95 KK 12 I- I 4. No employee or entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer. 5. No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of RCW 7.48A, the Washington Moral Nuisances Statute, or Chapter 10A.88 of the Bellevue City Code. 6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the non-stage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public. 7. No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior -- to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the - entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage age must be placed into a receptacle provided for receipt of gratuities by the adult cabaret or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the non-stage area of the adult cabaret shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer. B. At any adult cabaret, the following are required: 1. Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult cabaret to knowingly permit or allow any person under the minimum age specified to be in or upon such premises. 2. Neither the performance nor any photograph; drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any Doc ID: 5-183777 Ver: 3 8468-1 1/10/95 KK 13 4132 portion of the pubic hair, buttocks, genitals, and/'or anus may be visible outside of the adult cabaret. No member of the public shall be permitted at any time to enter into any of the non-public portions of the adult cabaret, which shall include but are not limited to: the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas; EXCEPT that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into non-public areas to the extent required to perform their job duties. C. The responsibilities of the manager of an adult cabaret shall include but are not limited to: 1. A licensed manager shall be on duty at an adult cabaret at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted duringRbusiness hours. The manager shall be responsible for verifying that any person who provides adultlentertainment within the premises possesses a current and valid entertainer's license. 2. The licensed manager on duty shall; not be an entertainer. 3 . The manager or an assistant manager licensed under - this Chapter shall maintain visuallobservation of each member of the public at all times any entertainer is present in the public or performance areas of the adult cabaret. Where there is more than one performance area, or the performance areas is of such size for configuration that one manager or assistant manger is unable to visually observe, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this. Chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult cabaret. 4. The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees Doc ID: S-183777 Ver: 3 8468-1 1 4 �'33 1/10/95 KK • shall comply with all requirements of this chapter. D. Premises—specifications 1. Performance area. The performance area of the adult cabaret where adult entertainment as described in Section 5.08.070.A.1 is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least eight feet from all . points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager's station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever. 2 . Lighting. Sufficient lighting shall be provided and equally distributed throughout the public -c areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor on 10 foot centers is hereby established for all areas of the adult cabaret where members of the public are admitted. 3 . Signs. A sign at least two feet by two feet, with letters at least one inch height shall be conspicuously displayed in the public area(s) of the premises stating the following: THIS ADULT CABARET IS REGULATED BY THE CITY OF BELLEVUE. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA Doc ID: 5-183777 Ver: 3 8468-1 1/10/95 KK 15 AB • 4 . Record keeping requirements. A. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days' written notice. The purpose of such inspections shall be to determine whether the papers, 'records, and things meet the requirements of this ordinance. B. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an ;adult entertainer, including independent contractors and their employees, as an entertainer. This information shall be open to inspection by the clerk during hours of • operation of the business upon twenty-four -r hours notice to the licensee. 1 5. Inspections. In order to insure compliance with this chapter all areas of licensed adult cabarets which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises Are operated in accordance with the requirements of this ordinance. It is hereby expressly Ideclared that unannounced inspections are necessary to insure compliance with this ordinance. E. It is unlawful for any adult cabaret to ',,be operated or otherwise open to the public between the hours of two a.m. and ten a.m. F. This chapter shall not be construed to prohibit: 1 . 1. Plays, operas, musicals, or other dramatic works that are not obscene; ' i 2 . Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or 3 . Exhibitions, performances, expressions or dances that are not obscene. •Doe ID: S-183777 Ver: 3 8468-1 i.1 3� 1/10/95 KK 16 i These exemptions shall not apply to the sexual conduct described in RCW 7.48A. 010(2) (b) . G. Whether or not activity is obscene shall be judged by consideration of the following factors: 1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and • 2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2) (b) . 3 . Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. 5. 08. 080 License term--Assignment--Renewals. A. There shall be no prorating of the license fees set out in Section 5. 08. 050, and such licenses shall expire on the thirty-first day of December of each year, except that in the event that the original application is made - subsequent to June 30th, then one-half of the annual fee may be accepted for the remainder of said year. Licenses issued under this chapter shall not be assignable. B. Application for renewal of licenses issued hereunder shall be made to the clerk no later than thirty days prior to the expiration of adult cabaret licenses, and no later than fourteen days prior to the expiration of cabaret licenses and adult cabaret manager and entertainer licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter. There shall be assessed and collected by the clerk, an additional charge, computed as a percentage of the license fee, on applications not made on or before said date, as follows: Days Past Due Percentage of License Fee 7--30 25% 31--60 50% 61. and over 75% C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or Doc ID: S-183777 Ver: 3 8468-1 1/10/95 KK 17 / • she seeks renewal, and further provided ;that the application complies with all provisions' of this chapter as now enacted or as the same may hereafter be amended. l • 5. 08.090 License suspension and. revocation--Hearing. A. The clerk may, upon the recommendation off the chief of police or his designee and as provided in Subsection B below, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of, or failure to comply with the provisions of this chapter or any of thel provisions of Chapter 10A.88 of this code or any other; similar local or state law by the licensee or by any of his servants, agents or employees when the licensee kniew or should have known of the violations committed by his servants, agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, on transactions involving controlled substances (as thatj term is defined in RCW Chapter 69.50) committed on the 1' premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, orltransactions involving controlled substances (as that term is defined in RCW Chapter 69.50) committed on the premises in which his cabaret is conducted.— when the licensee knew or should have known of the violations committed by his servants, agents or employees. • B. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or; regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24 month period, and revoked for third and subsequent violations within a 24 month period, not including periods of suspension. C. The clerk shall provide at least ten days prior written notice to the licensee of the decision t!o suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the Hearing Examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeals shall .be processed under Process VI, Bellevue City Code (Land Use Code) Section 20.35. 600 et seq. The Hearing Examiner or other hearing body shall render its decision within Doc ID: S-183777 Ver: 3 8468-1 1 8 f j" 1/10/95 KK ,J 15 days following the close of the appeal hearing. Any person aggrieved by the decision of the Hearing Examiner or other designated hearing body shall have the right to appeal the decision to the Superior Court by writ of certiorari or mandamus as provided in Bellevue City Code (Land Use Code) Section 20.35.635. The decision of the clerk shall be stayed during the pendency of any appeal except as provided in Subsection D below. D. Where the Bellevue Building Official or Fire Marshall or their designees or the King County Health Department find that any condition exists upon the premises of a cabaret or adult cabaret which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with Subsection C above. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the Hearing Examiner or other designated hearing body under the same appeal provisions set forth in Subsection C above, provided, however, that a suspension based on threat of immediate serious injury or damage shall not -be stayed during the pendency of the appeal. 5. 08. 100 Liquor regulations. Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington- State Liquor Control Board shall control. 5. 08.130 Nuisance declared. A. Public nuisance. Any adult cabaret operated, conducted, or maintained in violation of this chapter or any law of the City of Bellevue or the State of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The City Attorney may, in addition to or in lieu of any other remedies -set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in. the manner provided by law and shall take such other steps and apply to such Doc ID: S-183777 Ver: 3 8468-1 1/10/95 KK 19 413q court- or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, . and restrain and enjoin any person from operating, conducting or maintaining an adult cabaret contrary to the provisions of this chapter. B. Moral nuisance. Any adult cabaret operated, conducted or maintained contrary to the provisions lof RCW Chapter 7.48A, Moral Nuisance, shall lbe, and the same is declared to be, unlawful and a public and moral nuisance and the City Attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, !remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided byIRCW Chapter 7.48A. 5. 08.140 Additional enforcement. The remedies found in this chapter are not exclusive, and, the City may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. 5. 08.150 Severability. If any portion of this ordinance, or its application to any person or circumstances, is held invalid, the validity of the ordinance as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected. • Doc ID: 5-183777 Ver: 3 8468-1 2 0 2431 1/10/95 KK • ..mne Honorable Carol A. Schapira IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR KING COUNTY INO INO, INC., ) ) Plaintiff, ) NO. 95-2-02025-9 ) v. ) ) CITY OF BELLEVUE, ) ) Defendant. ) ) DEJA-VU BELLEVUE, INC., a ) No. 94-2-22796-3 Washington corporation, ) ) Plaintiff, ) ) v. ) ) OF BELLEVUE, ) . ) Defendant. ) ) RONDA REMUS, et al., ) No. 94-2-27797-9 ) Plaintiffs, . ) AMENDED FINDINGS OF FACT AND • ) CONCLUSIONS OF LAW v. ) ) • CITY OF BELLEVUE, ) ) Defendant. ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 EXHIBIT A:1AXI.DOC C-2 THIS MATTER came on for hearing before this Court on March 13-20, 1995, on plaintiffs' motions for preliminary injunction. The preliminary injunction hearing was . consolidated with the trial on the merits under Civil Rule 65(a)(2). Plaintiffs Ino Ino, Inc., Remus, Silva, and McKnight were represented by Gilbert H. Levy. Plaintiff Deja Vu- Bellevue, Inc. was represented by Jack R. Burns of Burns & Hammerly. Defendant City of Bellevue was represented by Stephen A. Smith and Robert B. Mitchell of Preston Gates & Ellis. Having heard all of the testimony and reviewed all of the evidence, the Court now makes its findings of fact and enters its conclusions of law. FINDINGS OF FACT 1. Plaintiffs Remus, Silva and McKnight are entertainers'licensed to perform in adult cabarets in the City of Bellevue. Plaintiff Ino Ino, Inc. operates an adult cabaret in Bellevue known as "Papagayo's." Plaintiff Deja Vu-Bellevue, Inc. plans to open one or more adult cabarets in Bellevue under the name "Deja Vu-Bellevue." Ino Ino, Inc. and Deja Vu-Bellevue are Washington corporations licensed in Bellevue. 2. Defendant City of Bellevue (the "City") is a municipality located in King County, Washington, which licenses and regulates adult cabarets and the entertainers and managers of such cabarets. 3. Beginning in the 1984, the City began to study adult entertainment businesses, including adult cabarets. The City's Planning Commission held public hearings and reviewed various studies and other evidence regarding the regulation of such cabarets. The Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 w:wu.Doc Commission included three persons (Lukens, Blacker, and Hague) who, by 1993, were members of the Bellevue City Council. [Lukens; Exhibits 32 and 33] 4. In September 1987 the Planning Commission wrote a study discussing the adverse secondary effects of adult entertainment establishments, including live cabarets. The Commission concluded that police research from Detroit, Cleveland, Kent and Bothell showed increased crime in areas with adult entertainment uses, including prostitution and other sexual misconduct. The Commission heard testimony on September 16, 1987, from Seattle Police Lt. Lee Bartley and Bothell Deputy Chief Rudy Plancich concerning adverse secondary effects associated with non-alcoholic adult entertainment clubs. That testimony cited numerous arrests for prostitution, various forms of sexual misconduct (e.g., illegal contact), and other crimes. Lt. Bartley proposed that the City adopt regulations that would limit the proximity of live dancers to patrons. The Planning Commission's study and conclusions were transmitted to the City Council on January 11, 1988. [Ex. 33, Vol. I, tab 2; Lukens] At this point the city had no negative effects from the three adult uses in existence. 5. The city made no findings about adult entertainment clubs and focussed on the zoning of such businesses to avoid adverse effects on the surrounding community. 6. In November 1993 the City Council adopted the City's first adult cabaret ordinance, Ordinance 4602. That ordinance contained specific recitals that the City was committed to preserve "constitutionally protected forms of expression" and.that the ordinance should not be construed to prohibit such expression. The ordinance was enacted, according FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 A AK1.DCC to a recital, "because in the absence of such regulation, significant criminal activity has historically and regularly occurred." [Lukens; Ex. 3] 7. In the summer of 1994, the City undertook a study of adult cabarets in neighboring jurisdictions. Corporal Tony Dempsey of the Bellevue Police Department visited several area cabarets and discussed law enforcement problems with Detective J.P. Covey of King County Police and representatives of the Tukwila and Everett police departments. Based on his observations and the experience of the other jurisdictions, Corporal Dempsey concluded that adult cabarets were likely to produce prostitution, public sexual conduct and other crimes. He reported this to his superiors. [Dempsey, Covey; Ex. 12] 8. Corporal Dempsey's findings were included in information provided to the City Council before its meeting.on September 6, 1994. City staff and at least some City Council members also had access to a narrative report by Pierce County police alleging s!:bstanti Lillegal.cond'.ict.(e_g.,..drug dealing, prostitution and.other sexual_.conduct) at an _ adult entertainment club. [Riordan; Blacker; Ex. 12, 14, 16 and 32]' Council member ' Lukens had not seen the narrative while Council member Blacker was not sure if she saw it before the ordinance was passed. 9. The City Council enacted Ordinance 4692 on September 6, 1994. That ordinance revised Ordinance 4602 by, among other things, establishing a minimum distance of eight feet for nude or partially nude performances; a minimum distance of four feet for FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 w: JCLDOC any dance performance or exhibition off-stage (e.g., table or couch dances); and a minimum lighting requirement of 30 lux. [Lukens, Blacker; Ex. 1, 5] 10. The City established an eight-foot minimum distance between nude stage dancers and patrons and required a 36" rail separating patrons from such dancers after conducting a test which showed that a "seven foot" police officer might be able to touch the dancer on stage. [Riordan, Lukens] 11. During undercover operations, police officers purchased individually compensated adult cabaret dances, whether termed table dances, couch dances, or taxi dances. Performed in close proximity in conditions of low light, there were many examples of improper exposure of genitals, sexual contact, and some acts of prostitution. [Covey, Gillis, Dempsey, Thibert, Kleinknecht; Exhibits 24, 32 and 33] There was no present or historical evidence in court (or to the City. Council) of any improper touching on stage of nude dancers by patrons. 12. There was no evidence of unwanted or unexpected touching of dancers as a problem in any club. 13. The City established a four-foot minimum separation between entertainers performing non-stage dances and members of the public to place them just out of arm's reach and to permit visibility as to inappropriate sexual contact during dances. Consistent with this intent, the City interprets the four-foot standard as applying torso to torso. [Lukens, Riordan] FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 w X1.DOC 14. The City utilized Bellevue police officers and a lighting engineer to devise a lighting standard that would allow visibility to managers and law officers to adequately � g ordinances in an adult cabaret. Based upon tests, they determined that a minimum of enforce ' 30 lux on 10 foot centers would be appropriate. [J. D. Armstrong Declaration] 15. The City's predominate purpose in enacting its adult cabaret ordinances was to control the secondary effects associated with live adult entertainment. Before acting, the City received input from a variety of sources, including counsel for Deja Yu, an organization known as Washington Together Against Pornography, and citizens interested in the legislative process. The City has not attempted to put plaintiffs out of:business or to prevent � protected expression. [Blacker, Lukens] 16. The City found that the secondary effects associated with adult cabarets, including on-premises sexual contact, are not associated to the same degree with non-adult establishments. [Lukens, Riordan] Not all adult entertainment establishments have negative �f:=ts any plater. t e otr� nigtittime.e.stahli.F!'ments. _There was substantial..testimony that ., } other establishments, particularly those which serve alcohol have greater negative effects than adult cabarets, especially as to assaults, car prowls, etc. 17. Papagayo,s began operating as,an adult cabaret in January 1995. A club called "Babes" (having at least some owners in common with Ino Ino, Inc.) opened in December 1994 providing female entertainers; it switched to male entertainers in 1995. Babes has operated as an unlicensed adult cabaret. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 e:wci.nOC • 18. After Babes and Papagayo's opened, numerous instances of improper sexual conduct were reported by Bellevue police officers. This included exposure of genitals and breasts by entertainers within four feet of a member of the public, and entertainers' fondling of customers' genitals. Some entertainers rubbed their buttocks into the groin areas of undercover officers. Several of the Bellevue officers stated that the lighting in the clubs was so low that they had difficulty seeing whether violations were occurring elsewhere in the club. The distance between performer and patron, when less than four feet, also inhibited their ability to detect ordinance violations or other illegal conduct unless they were very close • to the violation. [Declarations of Hanna, Rasko, McIvor and Hoffman; testimony of Thibert and Kleinknecht] 19. King County police have conducted a variety of enforcement activities against adult entertainment clubs in King County. The clubs are owned by either the Deja Vu chain or persons associated with the Coiacurcio family of Seattle. Following a six-week undercover investigation.of one club in late 1991, Detective J.P. Covey made approximately 20 arrests, including'three or four for prostitution and 12 for illegal sexual contact. In an undercover operation by King County in 1993, 161 table dances were purchased. Of these, 160 contained either sexual contact or other violation. Nine prostitution cases were prepared as a result of this investigation, but when one defendant was murdered, only eight were presented for filing. The number of charges which could be brought for violations of adult entertainment ordinances in King County is limited only by the manpower available in law enforcement. [Covey, Gillis] There was virtually no evidence of convictions for any of FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 A Ar1.DOC these alleged activities. Detective Covey indicated more prostitution arrests at the Red Lion in South King County than in his years of surveillance of the adult entertainment clubs in the same area. The 1991 and 1993 investigations by Detective Covey and King County did not involve the Deja Vu club located in Lake City (now Lake Forest Park): 20. The 1993 King County investigation included the videotaping of activities at "Sugar's," Mr. Colacurcio's establishment in north King County. An unedited videotape shot on October 5, 1993, showed Detective Mike Gillis purchasing and receiving three $20 couch dances, which he termed "typical" $20 dances. The videotape showed the exposure of an entertainer's breasts and genitals, the placing of breasts into a detective's face, and the rubbing of his genitals with an entertainer's hand, leg and buttocks. I [Gillis; Ex. 24] 21. The lighting in the videotape was augmented by a neon sign above Det. Gillis's head, which has since been removed. The tape showed and the officers testified that , it was difficult to determine whether contact occurred at couch dances involving other patrons, due to low lighting, the angle of sight, and the proximity of patron and entertainer. [Gillis, Covey; Ex. 24] 22. Entertainers in adult cabarets typically operate as independent contractors. They sign contracts with the adult cabaret or an associated talent agency requiring them to perform nude or semi-nude and to pay rent, which typically amounts)to $65 or more per shift. [Bern, Ebert, McKnight] 23. As one entertainer performs on stage, typically nude, other entertainers who are partially clothed solicit and perform table dancers. There may be 50 or more entertainers FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 A:1AKI.DOC I ., performing simultaneously, only one of whom is on the stage. One or two managers track who is performing couch dances. [Bern] 24. Entertainer rents are the largest source of revenue for adult cabaret operators. Operators do not compensate entertainers. They claim that, if they did so, they would lose money. [Bern, Ebert] The four foot distance will affect the revenue the dancer could expect to make. This is a disincentive to work at the club which affects the rents and revenue for the club as well. 25. During stage dances, entertainers perform for patrons from 8 to 40 or more feet away from the stage. The entertainers convey an erotic, sensual message that is perceived by patrons at that distance. The eight-foot distance from the stage to the nearest patron at Papagayo's has allowed entertainers to convey their erotic, sensual message to patrons sitting beyond that distance. [Silva, McKnight, Wheeler] The only difference between the 6 foot and 8 foot minimum is the loss of some seating. [Ebert] 26. Papagayo's has not complied with the City's four-foot restriction on table and couch dances. Babes has not offered four-foot table dances, either. The table and couch dancing that has occurred at Babes and Papagayo's has been performed from four feet to less than one foot from the patron, and it has included exposure, touching, and sexual contact. It is difficult to determine the extent of contact because of the lighting and proximity of the entertainer and patron. [Ebert, Weisert, McKnight, Kleinknecht, Thibert and Wheeler] 27. Table dancing involves movement by the dancer and the use of space to create • a sense of erotic intimacy. The smell and "heat" emanating from a dancer constitute FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 w:wa.DOC • conduct; they may be involuntary. Sexual conduct does not constitute dance. A dancer's y movements can be performed at a distance of four feet from the patron's torso and still convey an erotic, sensual message. If the dancer is farther away, the patron can see the dancer's entire body and expressive activity. [Daniels] The distance does have some effect on eye contact and language heard over the loud music. 28. Entertainers may sit or stand next to, converse with, and touch patrons without violating an ordinance. 29. Increasing the light in the non-stage areas of an adult cabaret allows patrons to • see dancers performing table or couch dances more clearly. It also facilitates detection of improper conduct by managers and police officers. [Bern, Kleinknecht, Covey] 30. Dejalighting Vu-Bellewe's li hting expert conceded that a minimum illumination level of 10-15 lux would be appropriate. Papagayo's has not met even that level, according to test d of readings taken on ten-foot centers and testing on reports compiled by the.City using a grid March 16, 1994. Papagayo's has chosen recently to employ almost entirely red lights. If some of those lights were interspersed with white light bulbs, the lux readings would be significantly higher. Candles on tables would also affect the reading. [Kildow, Monson; Ex. 41 and 42; Court's site view] . I 31. The.City has a substantial interest in protecting minors that is served by the identification and registration provisions in the adult cabaret ordinance, as well as the City's prohibition of publicly visible nude performances and displays thereof. [Blacker] • FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10 A KI.DOC y , 32. The City has a substantial interest in assuring the correct identification of persons working in adult cabarets. It has found that aliases are especially common in that industry and identity cards are easily faked. The licensing requirements in the City's ordinance further its interest in assuring proper identification. [Blacker, Riordan, Hanson, Monson] 33. The City has a substantial interest in deploying its law enforcement resources in an effective manner. These resources are limited, particularly with respect to undercover investigations. Knowing criminal histories and prior license suspensions helps the City to focus its enforcement efforts where violations are more likely to occur. [Hanson, Covey, Riordan, Monson] 34. The City has a substantial interest in detecting and discouraging the involvement of organized crime in the adult entertainment industry. Such involvement has occurred elsewhere in the country. Persons associated with adult cabarets in the Puget Sound area have or-rated behind fronts and been convicted of income tax evasion. [Lukens, Riordan, Whitehead, Colacurcio]. There was no evidence to indicate the involvement of organized crime in the plaintiff organizations. 35. The licensing requirements in the City's ordinance, including required disclosures from applicant control persons, further its interest in detecting the involvement of organized crime in adult cabarets. [Riordan] 36. The City has a substantial interest in avoiding the transmission of sexually transmitted diseases and otherwise discouraging public sexual contact. [Lukens] FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11 A ME DOC ,_ • 37. The information that the City's ordinance requires of applicants for adult cabaret licenses, entertainer licenses, and manager licenses is not intimate information. Most of it is public. [Riordan, Monson; Ex. 36 and 37] 38. Since January 1, 1995, the City has issued licenses to'69 adult cabaret entertainers. The City has issued temporary licenses immediately to;these entertainers while their applications were being processed. No entertainer has been denied a license. [Monson] 39. It often takes 14 days to process an application for an entertainer or a manager's license. The City does not delay issuing any license, but rather does so as soon as it is processed or 14 days whichever is sooner. [Monson] 40. The City's license requirements have not deterred adult cabaret owners or entertainers from applying to be licensed. [Bern, Monson] 41. The City does not have discretion as to whether it will issue a license in response to a fully completed application, but must do so. [Riordan; Monson] 42. Neither Ino Ino, Inc. nor Deja Vu-Bellevue, Inc. has any plans to offer male entertainment. Ino Ino, Inc. representatives had no objection to the,City's prohibition of male entertainers or employees appearing in public with their genitals in a discernibly turgid state. [Bern, Ebert] 43. Neither Ino Ino, Inc. nor Deja Vu-Bellevue, Inc. has plans to place any representation or to present any performance that is visible outside their premises displaying the breasts below the top of the areola, the pubic hair, buttocks, genitals, or anus. [Ebert, Bern] FINDINGS OF FACT AND CONCLUSIONS OF LAW - 12 A:wa.noc f� 44. The closing hour mandated by the City's ordinance (2:00 a.m.) is the same as that required by Everett and Federal Way. The City adopted that time because 2:00 a.m. is the closing time for bars, and the City feared that allowing inebriated patrons to enter adult cabarets at that hour would lead to problems. [Bern, Blacker] 45. Although plaintiffs allege that the City's minimum distance and lighting requirements will prevent them from doing business, there is no evidence that they have attempted to conduct business under the requirements. [Ebert, Weisert] 46. There is a direct relationship between the revenue earned by the club and the number of dancers working. If dancers earn less revenue because of fewer patrons and less tips they will not work at that club. This effects the employability of other personnel at the clubs such as waitresses, security people, managers, etc., as well as the rents earned by the club. FINDINGS OF FACT AND CONCLUSIONS OF LAW 13 w:wa.DOC CONCLUSIONS OF LAW 1. Consolidation of the hearing on plaintiffs' application for a preliminary injunction with the trial on the merits of the claims presented is appropriate pursuant to CR 65(a)(2). 2. To the extent that the Court has been asked to resolve'in this proceeding fewer than all of the claims raised by the plaintiffs, the Court finds that it is appropriate to enter final judgment with respect to those claims raised and resolved herein. There is no just reason for delay of entry of such judgment under CR 54(b), because;substantial issues in this case are resolved herein and.:the enforcement activities of the City as they affect plaintiffs require a prompt and final adjudication. The Court hereby directs entry of judgment on those claims. 3. Stage, table, and couch dances are entitled to protection under Article I, section 5 of the Washington State Constitution.. JJR. Inc. v. City of Seattle, _Wn.2d (March 23, 1995) 4. The City is entitled to rely on prior studies of other jurisdictions in determining the adverse effects of adult entertainment establishments. Renton v. Playtime Theaters. Inc,, 475 U.S. 41 (1985). Alternatively or additionally,.the City may demonstrate its need for its ordinances With evidence presented at trial. BSA. Inc. v. King County, 804 F.2d 1104, 1111 (9th Cir. 1986). The City may reasonably rely upon such evidence as relevant to the problems such as sexual contact that the City is seeking to address, even though the evidence is anecdotal and unscientific. There was little evidence as to additional FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14 A:WCLDOC ff secondary effects, such as degradation of the neighborhood, drop in property values, or unusual amount of other crime in the area. 5. Allegedly improper legislative motives are irrelevant to the issues presented in this case, because the City has a valid regulatory purpose and its regulations are justified without reference to the content of regulated speech. Renton, 475 U.S. at 48. The lobbying efforts by Washington Together Against Pornography were in no way improper. 6. Plaintiffs have not demonstrated entitlement to a preliminary injunction because there is no clear legal right to a finding that the City's adult cabaret ordinance is unconstitutional, nor a showing that an immediate invasion of protected rights will occur in the absence of injunctive relief. An injunction will not issue in a doubtful case. Federal Way Family Physicians. Inc. v. Tacoma Stands Up for Life, 106 Wn.2d 261, 265 (1986). 7. The City's requirement that+iinclothed dancers and dancers exposed as defined in BCC 5.08.070(A)(1)perform-Oh:stage'elevated at least eighteen inches from the floor and separated from patrons by a railing and an eight-foot distance, BCC §§ 5.08.070(A)(1) & .070(D)(1), is constitutional.`gev 'Inc, v. Kitsap County, 793 F.2d 1053, 1061-62.(9th.Cir 1986) (upholding 10-foot distance requirement under similar challenge). Apart from a test involving a tall police officer, the City Council considered no evidence or study in implementing the change from 6 feet to 8 feet. 8. The City's requirement that no employee or entertainer perform any dance, performance or exhibition in or about the" $az+ea•of the adult cabaret unless at a distance otiiirelialAiiiFiegirOm his or her customer, BCC § 5.08.070(A)(6), is FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15 A:wu.DOC ''cobstifiifional• O'Day-v. King Co,, 109 Wn.2d 796 (1988)' r4_st a requirement-`= �_Y.t'3.(.,-r.s•._f,1.7 i:.-�!:�l- .r.. -Ns}..: aimedx.at keeping entertainer and'patron'eUrri `reach is''cons tutional). Neither dancer nor manager should have to worry about proximity as to persons who are not connected to the dance or exhibition. TE eV:titfinds_no.evidence to support a legislative finding that. _ wires disfaiice from other members of°the pubiic-during'a:-table'dance: To preserve the constitutionality of this section, the ordinance should be interpreted as so limited. 9. Tlistana :separation:requirements do not regulate expression but t -ather conduct. Entertainers may perform any non-obscene expressive activity at or beyond the minimum distance. .Conduct is not protected under either the Washington Constitution, Article 1, section 5,_or,the First Amendment to the United'States Constitution. O'Day, 109 Wn.2d at 809-10. The`Cityt.has a substantial interest in Protutiiting public sexual. contact., Id.; Everett v. Heim, 71 Wn. App. 392, 396 (1993). Regulation of the proximity between entertainers and patrons in adult cabarets is a reasonable exercise of the City's authority..ij iowever, the f foot distance, if t were the legal standard s not the 1 t restnctive_y means as ' entified per the City ttorney of Bellevue. 10. Because these distance and separation requirements regulate pure conduct, there is no need to engage in an analysis considering the distance and,separation requirements as time, place or manner restrictions. O'Day, 109.Wn.2d at 810. Even if such an analysis were undertaken, the City's distance and separation requirements would satisfy the analysis. The City's adult cabaret ordinances are designed to serve substantial governmental interests. City of Renton, 475 U.S. at 50. The distance and separation requirements allow FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16 A:WCI.DOC • com munication at the prescribed distance and do not significantly impair the ability of dancers to engage in protected expression. Id.; Key; 793 F.2d at 1061-62. 11. The City's adult cabaret ordinance is not generally unconstitutionally overbroad. BCC ch. 5.08 permits the full gamut of potentially expressive conduct, subject only to the requirements (1) that the expression not be obscene, (2) that entertainers not commit specified sexual acts, and (3) that licensees comply with'conduct regulations such as minimum distance and lighting requirements. -Tl% sexual*acts o1 entertauiera forbidden by the'ordinance are puree unprotected conduct. hisman, 33 Wn. App. at 813; O'Day, 109 Wn.2d at 807. BCC 5.08.070A(5) must be construed to permit simulated sexual acts as long as they are not obscene. Because the City's ordinance does not regulate constitutionally protected speech or expressive conduct, this Court need not examine whether the ordinance prohibits a real and substantial amount of protected conduct in contrast to its plainly legitimate sweep. State v. Halstien, 122 Wn.2d 109, 122-23 (1993). 12. The. definition.of "ob°scene". ?*.•.iht crd;nance;B3CC.§ 5.07.080(G), is not overbroad. The definition properly requires a determination that material or activity is "patently offensive" to be made according to "community standards." State v. Reece, 110 Wn.2d 766, 771 73 (1988). 13. The regulation of obscenity is within the City's powers and has not been preempted by the State of Washington. Washington Constitution Art. 11, § 11; Tacoma v. Luvene, 118 Wn.2d 826, 833 (1992). FINDINGS OF FACT AND CONCLUSIONS OF'LAW - 17 A:wa.DOC 14. The provisions of the City's adult cabaret ordinance are not unconstitutionally vague . plaintiffs have not met their burden of proving beyond a reasonable doubt their ations of vagueness. H al 'en, 122 Wn.2d at 1.18. Specifically, plaintiffs have not alle g rovision of the ordinance is framed in terms so vague that persons of demonstrated that any p ' com mon intelligence must necessarily guess at their meaning and differ ias to their application. Q'DaX, 109 Wn.2d at 810. 15. BCC §§ 5.08.040(B)(1) and 5.08.010(D) are not unconstitutionally vague. i "A licant control person" must be construed in accordance with Washington law, as a PP dg person with a significant management interest similar to an owner or manager. W rl Wi Video vkwila, 117 Wn.2d 382, 391-92 (1991). . i The prohibition of theue 16. BCC § 5.08.070(A)(5) is not unconstitutionally vague. 1 performanceof "actual.... ...o r--siiiii:t ateda4 s offSe•wa1t Cii idu ct" is—sub" ct t othe-exception foff . - .... . . . ... nonobsccne.expressionsand therefore gives plaintiffs sufficient notice of what conduct is prohibited: Pay, 109 WWr..2d a: S11. 17. BCC § 5.08.070(A)(6) is not unconstitutionally vague.,..Persons_of common . � - foot ce. intelligence do not need to guess at the'meaning"of.'fouir�fe�t:;� a four thy. .� requirement is measured torso to torso, from the dancer the customer:: Cit y's The Ci 's minimum illumination requirement for adult cabarets is cant) affect expression. The constitutional. The illumination requirement does not significantly illumination requirement regulates only conduct and is reasonably related to_a legitimate City I n a need for purpose. World Wide V lea, 117 Wn.2d at 392. The requirement is based upo 1 i i FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18 1 A:wa.noc 1 visibility in law enforcement which need not be proven absolutely. In devising a legislative solution, the City has broad latitude to regulate, and a court will not substitute its judgment for that of a legislative body. Adult Entertainment v. Pierce Co., 57 Wn. App. 435, 439 (1990). The ordinance does not require 30 lux at all points within the public areas. 19. The minimum illumination requirement is also constitutional even if analyzed as a time, place, or manner restriction. The illumination requirement is content neutral, narrowly tailored to serve a substantial state interest, and leaves open ample alternative channels of communication. Renton, 475 U.S. 41, 47. In terms of the analogous test established under United States v. O'Brien, 391 U.S. 367 (1968), the requirement is within .. the constitutional power of the government; it furthers an important governmental interest; that interest is unrelated to the suppression of free expression; and the incidental restriction on first amendment freedoms is no greater than is essential to the furtherance of that interest- -i.e., the requirement "promotes a substantial government_interest that would be achieved less effectively absent the regulation." Kev, 793 F.2d at 1059 n.3, quoting United States v. Albertini, 472 U.S. 675, 689 (1985). The plaintiffs have not met their burden in showing that the lighting requirement interferes with expression or that it is unrelated to a substantial governmental interest. 20. The City's licensing requirements, BCC §§ 5.08.020, .030, .040, .050 and .060, are valid. 21. The City's licensing requirements do not raise concerns under Washington Constitution article 1, § 5 or the First Amendment to the United States Constitution, because FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19 A AILDOC they do not inhibit the plaintiffs' ability or inclination to engage in protected expression. Key, 793 F.2d at 1060. 22. The 14-day waiting period for an adult cabaret manager's license is neither unreasonable nor an impermissible prior restraint. Worldwide Video,!, 117 Wn.2d at 392-93. Managers are not engaged in protected expression activities. 23. There is no evidence that the licenses required to operate, manage, or perform in an adult cabaret are unduly difficult to obtain or that persons have been discouraged from seeking them. 24. The ordinance provides adequate standards to guide City officials in processing license applications. 25. The disclosure requirements of the ordinance directly relate to the City's substantial interest in protecting.public health, safety and welfare by deploying law enforcement forces to mitigate the secondary impacts associated with adult entertainment �,,,�,.�k_i:�"•�.- :World.Wide V den,..117 Wn.2d at 39.1-92;.TK's Video, Inc. v. Denton.. County, 24 F.3d 705, 709 (5th Cir. 1994). 26. The.City is entitled to ask all license applicants about their criminal" — . • convictions in the past five years, and to ask ball cabaret l license applicants-about their recent . employment history.-This:information facilitates record checks, enables the City to deploy enforcement resources"in the most effective manner, and advances the City's interest"in "........ preventing the infiltration"of organized crime into adult-cabarets. Bayside Enterprises. Inc. v. Carson, 470 F. Supp. 1140, 1148 (M.D. Fla. 1979); Key, 793 F12d at 1061. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20 A:wa.DOC 27. The disclosure requirement in BCC § 5.08.040 do not violate plaintiffs' privacy rights. Disclosure of other licenses, business history, recent criminal convictions and employment history does not invade the realm of intimate personal information. Halstien, 122 Wn.2d at 125 n.8. Plaintiffs' privacy interest in confidentiality, to the extent such an interest exists at all, is not a fundamental right. O'Hartigan v. Dept. of Personnel, 118 Wn.2d 111, 117 (1991). The interests of the City are legitimate, and the City has demonstrated that its disclosure requirements are designed to achieve those interests. Id. at 118. The questions asked of licensees are no more intrusive than reasonably necessary to achieve the City's legitimate interests. 28. The plaintiffs have not challenged the City's license fees, found in BCC § 5.08.050. 29. BCC § 5.08.060 is not a prior restraint. The City may constitutionally require licensing of adult cabarets, adult cabaret managers, and adult cabaret entertainers, may constitutionally prohibit adult cabarets and adult cabaret managers from operating without a license, whether or not judicial review is pending, and may constitutionally require disappointed applicants to be responsible for initiating judicial review of any denial of a license. Key, 793 F.2d at 1059; TK's Video, 24 F.3d at 708-09. The ordinance provides for prompt final judicial review. 30. The adult cabaret ordinances do not violate constitutional guarantees of equal protection. Plaintiffs' equal protection claim is based on the City's failure to impose the same limitations on entertainers in other establishments that it imposes on entertainers in FINDINGS OF FACT AND CONCLUSIONS OF LAW - 21 adult cabarets. The City is not prevented by the First or Fourteenth Amendments to the United States Constitution, or by Article 1 § 5 of the Washington Constitution, from classifying and regulating adult-oriented establishments differently from:other places of entertainment. O'Day, 109 Wn.2d at 813-15; Heim, 71 Wn. App. at 3199-400; Broadway Books. Inc. v. Roberts, 642 F. Supp. 486, 490 (E.D7 Tenn. 1986). 31. The City's classification satisfies rational basis scrutiny. ,1The ordinance applies to all entertainers and employees in adult cabarets. The City has demonstrated a reasonable basis for distinguishing adult cabarets from other places of Public entertainment: • the secondary effects associated with adult cabaieti,'including on premises sexual contact, not associated with other entertainment establishments. The City's classification bears a rational relationship to the purpose of the ordinance in protecting the public health and safety of the City. Heim, 71 Wn. App. at 399-400; Young v. American Mini Theaters, 427 U.S. at 70-71. 32. The he use of'nude nerions oilthige.t'Of nude persons outside adult cabarets, BCC I 5.08.070(B)(2), is unconstitutional because kis not limited to that which is obscene or harmful to minors, nor mentioned in 5.08.070(F), 33. Section 5.08.070(F) is constitutional because it permits non-obscene expression including simulated acts. (Ordinance No. 4645.) 34. The tipping restrictions contained in BCC § 5.08.070(A)(7) are constitutional and are not unconstitutional time, place, and manner restrictions. K , 793 F.2d at 1061-62. • FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22 AMICLDOC 35. The provision of the City's ordinance requiring that adult cabarets be closed between 2:00 a.m. and 10:00 a.m., BCC § 5.08.070(E), is not an unconstitutional time, place, and manner restriction. Mitchell v mm'n on Adult Entertainment Establishments, 10 F.3d 123, 131-39 (3d Cir. 1993). The closing hours requirement is a content-neutral restriction, and it promotes a substantial government interest that would be achieved less effectively absent the regulation. 36. Valid regulations may have an adverse economic impact on a business or occupation, but that does not limit a government's power to regulate. Bolser v LiQuor • Control Board, 90 Wn.2d 223, 230, (1978). None of the plaintiffs are excluded from a business or occupation or prevented from charging a fee for services. 37. The availability of other civil, criminal, or licensing remedies does not affect the power of the city council to legislate in this area, or the constitutionality of this ordinance. 38. Plaintiffs are.denied a preliminary or permanent injunction. BCC 5.08.150 contains a severability clause for the limited portion of the ordinance found to be unconstitutional. The temporary restraining order entered by this Court on February 24, 1995, is hereby dissolved. . • ENTERED thist'-QPayof April, 1995. -, ge Carol Schapira King County Superior Court FINDINGS OF FACT AND CONCLUSIONS OF LAW - 23 A:WQ.DOC 1 2 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 3 4 ) INO INO, INC., a Washington corporation, ) No. 95-2-02025-9 5 ) 6 Plaintiff, ) ) 7 v. ) ) � 8 CITY OF BELLEVUE, ) 9 ) Defendant. ) 10 ) ) 11 ) DEJA-VU, INC. OF BELLEVUE, ) No. 94-2-22796-3 12 ) 13 Plaintiff, ) ) 14 v. ) ) 15 CITY OF BELLEVUE, ) • • 16 ) Defendant. ) 17 ) 18 )• No. 94-2-27797-9 19 RONDA REMUS,ESMERALDA SILVA, and ) OTHERS SIMILARLY SITUATED, ) DECLARATION OF CARL 20 ) KLEINKNECHT IN Plaintiffs, ) SUPPORT OF MOTION 21 ) FOR TRO AND IN v. ) OPPOSITION TO 22 ) PLAINTIFFS'MOTION 23 CITY OF BELLEVUE, " ) FOR TRO ) 24 Defendant. ) 25 • 26 27 DECLARATION OF CARL KLEINKNECHT-Page 1 28 EXHIBIT CITY OF BELLEVUE C-3 11511 Main Street P.O. Box 90012 apapviip WA 9R009 9012 1 1 • , , 2 ' S I, CARL KLEINKNECHT, DECLARE.AS FOLLOWS: , 4 1. I am over the age of eighteen years, and am competent to testify to the statements in this 5 i declaration based on personal knowledge. 6 i' 2. I am employed by the City of Bellevue as a police officer. 7 8 3. On February 16, 1995, I was at Papagayo's in Bellevue in an undercover capacity. 9 4. I observed a dancer on stage,known as Brooke, simulate masturbation while dancing on 10 stage by running a finger in an upwards motion through her vagina. 11 5. I observed two dancers, known as Brooke and Nikki, simulate an act of oral sexual _ r 12 1 contact on stage. Brooke's nose and mouth area were directly next to Nikki's vaginal area. 13 14 6. I purchased a couch dance from a dancer known as Sonya. During the dance, she rubbed 1 15 her buttocks up and down my left and right inner thighs. 16 7. I purchased a slow dance from a dancer known as Pandora. As we began the slow dance, 17 Pandora grabbed my genital area with her left hand and rubbed my genitals for approximately 18 1 6 seconds. She then rubbed her vaginal area against my crotch for 7-101 seconds. 19 1 20 8. Pandora put her left index finger into my pants pocket and attempted to stimulate my 21 genital area with her finger. 22 9. During the dance,.Pandora pulled down her left bra cup to expose her left nipple, and 23 then massaged her nipple to cause it to become erect. She then resumed massaging my genitals • 24 I with first her left hand and then her right hand. 25 26 10. Due to the lack of lighting in Papagayo's,I would be unable to distinguish at some tables 27 I DECLARATION OF CARL KLEINKNECHT-Page 2 I . , 28 • i 1 CITY OF BELLEVUE .. • 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 1 on the premises whether money or drugs would change hands. I was unable to closely monitor 2 the area used for couch dancing because of the•low lighting conditions and my angle of vision. 3 4 Low light conditions in the area of the slow dance floor concealed activity occurring on the slow 5 dance floor from observation at other points within the premises. 6 7 I declare under penalty of perjury that the above statements are true and correct. Signed at 8 Bellevue, Washington, this a. day of February, 1995. 9 10 n 11 CQ P 2 Carl Kleinknecht 12 - -' 13 14 15 16 17 18 19 20 21 22 23 24 • 25 26 27 DECLARATION OF CARL KLEINKNECHT-Page 3 28 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 • ‘\ 1 2 3 4 • 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 8 . IN AND FOR THE COUNTY OF KING 9 MO INO, INC., ) ) No. 95-2-02025-9 10 Plaintiff ) ) 11 v. ) ) 12 CITY OF BELLEVUE, ) ) 13 Defendant. ) ) 14 ) DEJA-VU BELLEVUE,INC., a Washington . ) No 94-2-22796-3 15 corporation, ) ) 16 Plaintiff, ) ) 17 V. ) ) • 18 CITY OF BELLEVUE, ) ) 19 Defendant. ) ) 20 ) RONDA REMUS, et al., ) No. 94-2-277974 21 ) Plaintiffs, ) 22 ) v. ) ,;.,,DECLARATTON OF KATHRYN L. 23 ) :DANIELS IN SUPPORT OF CITY'S CITY OF BELLEVUE; ) MOTION FOR TRO AND OPPOSING 24 ) PLAINTIFFS'MOTION FOR TRO Defendant ) 25 26 DECLARATION OF KATHRYN DANIELS IN SUPPORT OF CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' 44:4:114;PC1711BITX,W. &ELUS MOTION FOR TRO- 1 DrrER 98104 JA.SASISHOMEWMPOMO.DOC 4 23.75go 7°78 1 KATHRYN L.DANIELS, does hereby declare, under penalty of perjury of the laws of the 2 state of Washington, that the following is true and correct: • 3 1. I am the Chair of the Dance Department at the Cornish College of the Arts, and I make 4 this declaration on my own personal knowledge. 5 2. Since 1973,I have taught dance at several universities, including Harvard, the University 6 of Washington,Mount Holyoke,Boston University and Colorado College. I have performed with 7 ballet and modern dance companies at a principal dancer level since 1969,throughout the United 8 States and Europe. I have choreographed productions in the states of Washington, Colorado, 9 Louisiana,Massachusetts and California. I have served as a peer panelist on numerous occasions for 10 the arts commissions of Seattle,King County and Washington State in the evaluation of 11 choreography. I have a B.A. degree from Goddard College in Interdisciplinary Studies (including 12 dance), and an M.A. degree from Lesley College in dance kinesiology. 13 3. I have been qualified as an expert witness in King County Superior Court on the subject of i 14 dance. 15 4. I have been asked by the City of Bellevue to review the Declaration of Kris Wheeler in this 16 case, and to provide certain opinions regarding that declaration and other matters relating to adult 17 cabaret dancing within King County. I base my opinions not only on my professional training and 18 experience, but also upon personal observation of adult cabaret dancing within King County. 19 5. I have reviewed the provisions of Bellevue City Code sections 5.08.070(A)(1)and (6) 20 relating to the eight-foot and four-foot minimum distances required between performers and audience 21 for stage dancing and so-called "table dancing," respectively. In my opinion, those distances do not 22 impair the artistic presentations of the performers in any way. 23 6. Dance, as an art form, is the presentation of a human moving in space..In order to 24 properly see the whole body, and its relationship to the space around it, there must be a certain 25 distance between the performer and the audience, For example, dancers use the terms carving, 26 DECLARATION OF KATHRYN DANIELS IN SUPPORT OF CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' PRES ON GATES&ELLIS 3000 COLUMBIA CENTER MOTION FOR TRO-2 701 FIFTH AVENUE SEATTLE.WASHINGTON 98104-7078 J:ISASVHOM E10HPOMODOC TELEPHONE:(206)623-7580 FACSIMILE:(206)623-7022 1 "s1asIimg shapuig or stabbing to describe their expressive relationship.to space. An audience member 2 seated too close to the dancer cannot view properly the movements or the effect on the space. 3 7. Stage dance performances are rarely presented.at a distance less!than 12-15 feet from the 4 nearest audience member. Dancers can effectively communicate with members of the audience at 5 distances of hundreds of feet,but they cannot do so if they are too close tol the audience. A distance 6 of eight feet or less would be uncomfortable and ineffective, for a meaningful dance presentation. 7 8. I have reviewed the Declaration of Kris Wheeler dated February 15, 1995, prepared for 8 this lawsuit. I disagree with the conclusions in paragraphs seven through ten of her declaration. 9 Wheeler's paragraph seven discusses improvisational performances and they effect of a "four foot 10 setback requirement." A distance of four feet between performer and audience is absolutely close 11 enough to make the audience feel it is a part of the performance, and to develop a sense of intimacy - 12 between audience and performer. A distance of twelve feet, in fact, is extremely close in dance 13 perspective. 14 9. Paragraph eight of Wheeler's declaration discusses avant garde dance and "Street Theater." Distances ofgreater than four feet are necessarytopresent properly this a of dance, as well, for 15 P P Y tYP 16 the same reasons discussed above. If there is touching between performer and audience,what is the 17 artistic purpose of that aspect?- In almost all cases, the same communication and message between 18 artist and audience can be communicated without actual contact. 19 10. The table dancing discussed in Wheeler's paragraph nine can be performed with intimate 20 communication from a distance of four feet. If the dancing were any closer, it would impair the 21 viewer's ability to watch the dancer's whole body. From a distance of more than four feet,there is no 22 impairment of the performer's artistic presentation as a dancer. The intimacy and rapport between 23 dancer and audience is not impaired by a distance of at least four feet. 24 11. I agree with the conclusion in Wheeler's paragraph ten that illumination of the dancer is 25 sometimes assisted by the dimming of audience lights. The other conclusions in her paragraph ten are 26 DECLARATION OF KATHRYN DANIELS IN SUPPORT OF . CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' PRESTON GATES&ELLIS 5000 COLUMBIA CENIER MOTION FOR TRO-3 ' 701 FIFTH AVENUE SEATTLE,WASHINGTON 98104-7078 J:ISASV HOME OHPOMO.DOC TELEPHONE:(206)623-7580 FACSIMILE.MIA 671-7077 1 largely contradictory. Minimum lighting standards do not diminish the ability to illuminate the dancer. 2 The dimmer lighting does nothing to enhance the communication at table dances. When lighting on 3 the performer is varied, it must still be of sufficient quantity to ensure that the dancer is visible to all 4 members of the audience. Such visibility is not impaired in any way by minimum lighting standards. 5 DATED this 21st day of February, 1995 at Seattle,Washington. 6 KA YN . DANIELS 9 . • 10 11 - 12 13 14 15 16 • 17 • 18 19 20 21 • 22. 23 .. 24 25 . • 26 DECLARATION OF KATHRYN DANIELS IN SUPPORT OF CITY'S MOTION FOR TRO AND OPPOSING PLAINTIFFS' PRESTON GATES&PLUS IA CENTER. MOTION FOR TRO-4 '000 fl�AVENUE SEATTLE.WASHINGTON 98104-7078 J:SASWHOMEIOHPOMODOC TELEPHONE:(206)673-7580 e A rCt1Hl e•RM All'FM'1 • • - ' RETURN COPY 1 1 • •. .- - - 7 , - --D R E G.TE I'y "3 3 1994 • n L= B 2, .,rn ;rQ4 DEC 20199't r;�" '''• L 4 GILBER r �. L_.`{ x rA '7E DEPART-WWI� !,-, L. 5 BULLI TT a :i ,�:;i'N IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 6 i 7 ) 8 THE CITY OF BELLEVUE, j ,�3 32 cal 4-;1 .1; Plaintiff, ) '[i I 9 • ) v. ) DECLARATION OF 10 ) JONATHAN HOFFMAN IN FACTORIA CENTER INVESTMENTS, ) SUPPORT, OF MOTION 11 INC. , d/b/a/ "BABES ALCOHOL FREE ) FOR TEMPORARY PERFORMING ARTS CENTER; JOHN G. ) RESTRAINING ORDER - 12 ZAHRAN, and DAVID C. EBERT, ) AND ORDER TO SHOW ) CAUSE I 13 Defendants. ) I C 14 • 15 I, Jonathan Hoffman, declare as follows: 1 16 1. I am over the age of 18 years, and I am competent to 17 testify to the information in this declaration based on personal knowledge. 18 2 . I am employed by the Bellevue Police Department as a 19 patrol officer. 20 3. On December 13, 1994, I was assigned to Babe's Dance Club in an undercover capacity. 1 21 4 . After arriving at the club, I .paid the cover charge and 22 purchased a coke for $5.00. 5. I was 'approached by a dancer who identified herself as 23 "Shannon". She asked if I wanted a table dance. I said yes, 24 and she proceeded to dance with her face about 1/2 an inch from mine, and moved her thighs against me legs. 25 • 6. "Shannon" next asked if I wanted a slowidance. When I 26 said yes, we moved to a darkened dance floor. She-began to dance with me. and pressed her hips against me groin area. She . 27 said I could touch her "back and butt". 28 DECLARATION OF JONATHAN HOFFMAN IN SUPPOR •:,'= �;:ti OF MOTION FOR TEMPORARY RESTRAINING ORDER <,=;ate r- ):• 'j'�� ;;I. OF BELLEVUE AND ORDER TO SHOW CAUSE - Page 1 s. '-� %°B(1)"'?"'''i` . 1 Main Street , : /i.1 1 \\/7 • 1,,:..`: - . ••- . Box 90012 A 1 7. I was. next approached by "Holly" who asked if I wanted a 2 slow dance. I said yes, and asked what I would get for the $20.00 dance. "Holly" said I could touch her butt, back, legs 3 and "my boob if no one is looking". I then danced with Holly . and paid her $20.00. I then left the dance club. 4 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS 5 TRUE AND CORRECT. SIGNED AT BELLEVUE, WASHINGTON, THIS ,9r// DAY OF DECEMBER, 1994. 6 7 r"'/ .07FICER JONA HOFFMAN 8 9 10 11 12 _ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . 27 28 DECLARATION OF JONATHAN HOFFMAN IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER CITY OF BELLEVUE AND ORDER TO SHOW CAUSE - Page 2 11511 Main Street P.O. Box 90012 1 RETURN COPY 32 .... .�. :r..-°_3. D� .'y rl��_ R E C .r i w.r) 3 DEC*2 0 1994 ��, e. v 1 -69. . --G4LElE c a H. -V ..J C. RDD a ' :v1S 6 BULL!!1 & .ii'.::f?.A'tF!' ? IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 8 9 THE CITY OF BELLEVUE, ) - 10 Plaintiff, 044.2113 ' SUPPLEMENTAL 11 v. ) DECLARATION OF JONATHAN HOFFMAN IN 12 . FACTORIA CENTER INVESTMENTS, ) SUPPORT OF MOTION - _ INC. , d/b/a/ "BABES ALCOHOL FREE ) FOR TEMPORARY 13 PERFORMING ARTS CENTER; JOHN G. ) RESTRAINING ORDER ZAHRAN, and DAVID C. EBERT, ) AND ORDER TO SHOW 14 ) CAUSE Defendants. ) 15 ) 16 I, Jonathan Hoffman, declare as follows: 1°7 1. I am over the age of 18 years, and I am competent to 18 .testify to the information in this declaration based on personal knowledge. 19 2 : I am employed by the Bellevue Police Department as a 20 patrol officer. 21 3. On December 19, 1994, I was assigned to Babe's Dance Club in an undercover capacity. 22 4 . After arriving at the club, I paid the cover charge and 23 purchased a coke for $5. 00. 24 5. One dancer was performing on stage. She started out wearing a very tight, tank-top style dress which she removed 25 during the dance exposing a bra and bikini-type underwear beneath. After she was finished dancing onstage, _she came 26 down to the dance floor and approached a patron seated about 20 feet from me. 27 28 �y SUPPLEMENTAL DECLARATION OF JONATHAN H r4 ::#12AHIBit .u-z IN SUPPORT OF MOTION FOR TEMPORARY RES r d�`'' OF BELLEVUE ORDER AND ORDER TO SHOW CAUSE — Page r B(2°) 11511 Main Street iFin„�;�.r 3r - :. •,:.;,•'z.r:'�ci; P.O. Box 90012 1 6. She performed a "table dance" for him during which she 2 often placed her hands on the patron's thighs, and once put her foot on the back of his seat and moved her inner thigh to 3 the patron's face. I observed her rubbing her thigh rapidly , against the patron's groin several times. 4 • 7. I was then approached at my table by another dancer who 5 told me her name was "Macy." She asked me to dance and led me to a very dark dance floor. She was wearing a pair of cutoff 6 blue jeans, and a red checked top which exposed her midriff. Before beginning our dance she removed the cutoffs and put on 7 a sheer, waist-length "coverup. " 8 8. A few minutes into the dance she lifted her top exposing her beasts and continued her dancing. I asked her what the 9 rules were and she said, "I'11 let you know if you break one. " Several times during the dance she rubbed her hips rapidly 10 against my groin area. When the dance was over, I paid her $20. 00 'and sat down. 11 • 9. I was then approached by another dancer. She was wearing 12 a tank dress that came to the tops of her thighs. She told me - •.� her name was "Whisper, " and asked me to dance.• 13 10. I followed her to the dance floor where she put on a 14 "coverup." She asked me if I "Just wanted a twenty?" I asked if there were other dances, and she said, "Well. . .not really. " 15 I asked what the rules were and she said, "Just follow my lead." As we danced, she grabbed my right hand and placed it 16 on her breast. When the dance was over I paid her $20.00 and sat down. 17 • 18 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. SIGNED AT BELLEVUE, WASHINGTON, THIS 2ora1 19 DAY OF DECEMBER, 1994. 20 21 FFICER JON HAN HOFFMAN 22 23 24 25 26 27 28 SUPPLEMENTAL DECLARATION OF. JONATHAN HOFFMAN IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING CITY OF BELLEVUE ORDER AND ORDER TO SHOW CAUSE — Page 2 11511 Main Street P.O. Box 90012 + . , ,��.. _�- , � RETURN�paS.�� • �,ti,Gary rr:. e 1 t� 954 RE C I°'°` z DEC 1994 . 3 . r 1 i uij GILBEFt f ri. I.� Y .0� .: r :-:. 4 SUPER,�OR._.COURT•-OF-WA$HINGTON FOR KING COUNTY • 5 .. & I • En• •v i)- Li THE CITY OF BELLEVUE, ) . 6 .c " 2 0 24) No. Plaintiff, V ) 44, A r,: .,, = 92 .(R i i 6;.. 7 .'v. 3 i L • �'`L ! :a .,.,.-..::,)..1"'.DECLARATION OF J = 8 ) TIMOTHY N. THIBERT FACTORIA CENTER INVESTMENTS, ) IN SUPPORT OF . 9 INC. , d/b/a/ "BABES ALCOHOL FREE ) MOTION FOR PERFORMING ARTS CENTER; JOHN G. ) TEMPORARY 10 ZAHRAN, and DAVID C. EBERT, ) RESTRAINING ORDER ) AND ORDER TO SHOW 11 Defendants. . ) CAUSE . ) - - 12 - : I, Timothy N. Thibert, declare as follows: 13 1. I am over the age of 18 years, and I ,am competent to C 14 testify to the information in this declaration based on personal knowledge. . 15 16 2 . I am employed by the Bellevue. Police Department as a patrol officer. 17 3. On December 14, 1994, I was assigned to Babe's Dance Club 18 in an undercover capacity. . Upon my arrival, I !paid the cover charge and purchased a drink. • i 19 4 . I was approached by a dancer who identified herself as 20 "Whisper". .She asked me if I wanted to dance and I accepted. She then led me to a darkened dance floor. 21 5: I purchased a $20.00 dance. "Whisper" began to move her 22 crotch into my leg, and then rubbed her cro,'tch against my genital area. She rubbed my buttocks and encouraged me to kiss her neck. 23 24 6. At the end of the dance, she asked me if I ,wanted to dance again. I accepted, and asked her what another $20.00 would 25 purchase. She said that the performance would1get better, and be "like sex" . "Whisper" positioned me against a railing and ' 26 rubbed my genitals with her hand. She thenipositioned her buttocks against my groin, and took my handstand placed them on her breasts. She continued to rub my genitals during the 2? dance. • 28 . DECLARATION OF TIMOTHY N. THIBERT IN Sflimmilmill XHIBIT«���i=;`liis'''.�'i: Y OF BELLEVUEOF MOTION FOR TEMPORARY RESTRAINING OR .�rs?•xss�.^i;-;.�tiORDER TO SHOW CAUSE — PAGE 1 �. )� 1511 Main Street f . / r. .. `• : . P.O. Box 90012 I . 1 7. I paid her a total of $50.00 for three dances. 2 8. On December 17, 1994, I was again assigned to Babe's 3 Dance Club in an undercover capacity. After paying the cover charge I sat down at a table and purchased a drink. 4 9. I watched one dancer, "Mikel" perform a dance upon one of 5 the two stages during which she laid upon the stage in spread- eagle fashion and fondled her breasts and genitals through her 6 clothing. in a manner to simulate masturbation. 7 10. After "Mikel" performed on stage she approached me at my table and asked me if I was ready to dance with her. We went 8 to the extremely darkened dance floor and as we danced she pressed her crotch firmly against my upper thigh and groin. 9 11. As the dance was ending I asked her if this was a $10. 00 10 dance. She laughed and told me all slow dances on the floor were $20. 00. 11 12. She asked me if I wanted another dance and suggested I 12 buy a $30. 00 dance, as it was "much better. " I agreed to - r_ dance with her once again. She guided me to the corner of the 13 dance floor that was mostly obstructed from the main club- lounge area. She placed her hand directly onto my pants over 14 my groin. She massaged my groin and grabbed my penis in an C attempt to manually stimulate me. I moved away from her and 15 she then-began to rub her breasts up toward my face. She then turned her back to the wall and placed my hand on her 16 buttocks. She pressed her crotch against my leg and continued to attempt to masturbate me through my pants. 17 13 . When the song ended she asked if I wanted an additional 18 $30. 00 dance. I asked if she would be willing to give me a $30.00 for $20.00 and asked if she would give me "the works. " 19 She agreed, saying it was a slow night. 20 14. She again placed her had on my genitals and pressed her crotch into my upper thigh. Then, she climbed up my legs and 21 placed her breasts in front of my face, and pushed them into my face, around my mouth. She continued to vigorously massage 22 my penis. I asked her if she ever encountered an undesirable patron, and asked what she would do. She said she can stop 23 the dance when she wants to, but that was not the case with me. 24 /// 25 /// /// 26 27 28 DECLARATION OF TIMOTHY N. THIBERT IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND CITY OF BELLEVUE ORDER TO SHOW CAUSE - PAGE 2 11511 Main Street ^_ _P.O. Box 90012�M' 1 2 15. When the song was over we stopped dancing. I paid her a 3 total of $70.00 for the dances. I 4 I. 5 I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS ,TON�i TRUE AND CORRECT. SIGNED AT BELLEVUE, W ,�,.--. 'TS-2f/ DAY 6 OF 'DECEMBER, 1994. I 7 . /7 / ..--r- 8 OFFICER TIMOTHY N. THIBERT I 9 i' 10 11 12 I '.='~2 I 13 1 14 1 I 15 1 16 I 17 18 19 I i 20 1 • 21 I I 22 - 1 23 I 1 24 ' 1 25 26 ; .27 I 28 II DECLARATION OF TIMOTHY N. THIBERT IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND 1 CITY OF BELLEVUE ORDER TO SHOW CAUSE - PAGE 3 11511 Main Street P.O. Box 90012 1 gamin,. %ma Oann° cony, 105.1*:1 ." • RN COPY 1 • owl s 4 19g `j. -- . • JAN : 2 , . ^ 3 SUpES10S =' - IN THE SUPERIOR COURT OF T-• - ATE OF:WASHINGTON 4 IN AND FOR THE COUNTY OF KING ' : 5 THE CITY OF BELLEVUE, ) ) 6 Plaintiff, ) No. 94-2-32814-0 7 vs. ) 8 FACTORIA CENTER INVESTMENTS, ) DECLARATIOB i >-)��, INC. , d/b/a "BABES ALCOHOL FREE ' ) MARK HANNA 0 9 PERFORMING ARTS CENTER"; JOHN G. ) IN SUPPORT yA'I 3 e 1995 ZAHRAN; and DAVID C. EBERT, ) MOTION FOR 10 ) ORDER OF GILBERT H. f cvv Defendants. ) CONTEMPT 11 ) 12 I, MARK HANNA, being over the age of 18 years and 13 competent to testify, make the following declaration based 14 . on personal knowledge. C 15 I am a police officer employed by the City of Bellevue. 16 On Friday, January 20, 1995, I went to Babes in an 17 undercover capacity. I paid a $5 cover charge and sat down 18 at a table. I was quickly approached by a waitress who sold 19 me a soft drink. 20 I was approached several times by dancers who asked me 21 if I wanted to dance. I declined until I had been there 22 about 15 or 20 minutes, saying that I wanted to watch the 23 show for a while. 24 I then purchased a dance from a woman who identified 25 herself as "Evie. " She told me that the dance was $10 and 26 that no touching was allowed. She never approached 'closer 27 DECLARATION OF MARK HANNA IN SUPPORT OF MOTION 28 FOR ORDER OF CONTEMPT - PAG 1 =z 1,EXHIBIT.kz}z CITY OF BELLEVUE %o;:r�;z ' ;:•: 11511 Main Street g(4)'`.:';'.;;;',.``~• P.O. Box 90012 • r . 1 • than about a foot or so while dancing for me. 2 sat down at my Later, another dancer named "Harley" 3 1 . table. I agreed to a table dance from her and she led me 4 • over to a padded bench that ran along the length of the 5 north wall. She moved two tables out of the way and began 6 about an ' or two to dance between my legs. She gyrated 7 over. my .lap as if we were having sex, and the outer part of 8 her thighs almost continuously brushed my innerlthighs as 9 she did so. 10 11 I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF 12 THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND .-. Li. 13 I { 14 ` t[e`_ I -2t0-�'`,� z1.LwuQ� 15 Date and Place M rk Hanna • 16 17 18 I 19 20 . 21 I 22 . 23 24 25 i 26 27 DECLARATION OF MARK HANNA IN SUPPORT OF MOTION • 28 FOR ORDER OF CONTEMPT - PAGE 2 , I CITY OF BELLEVUE 1, 11511 Main Street I P.O. Box 90012 i • • • • 2 • 3 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 4 INO INO, INC., a Washington corporation, ) 51 ) No. 95-2-02025-9 6 I Plaintiff, ) ) 7 v. ) ) 8 CITY OF BELLEVUE, ) 9 I. ) Defendant. ) 10 ) ) No. 94-2-22796-3 11 DEJA-VU, INC. OF BELLEVUE, ) 12 ) >.. Plaintiff, ) • 13 ) v. ) 14 ) CITY OF BELLEVUE, ) 15 ) 16 Defendant. ) ) • 17 ) RONDA REMUS, ESMERALDA SILVA, and ) No. 94-2-27797-9 18 OTHERS SIMILARLY SITUATED, ) 19 ) DECLARATION OF Plaintiffs, ) CURTIS MCIVOR IN 20 ) SUPPORT OF MOTION v. ) FOR TRO AND IN 21 ) OPPOSITION TO CITY OF BELLEVUE, ) • PLAINTIFFS'MOTION 22 ) FOR TRO 23 Defendant. ) ) 24 ) 25 26 27 28 DECLARATION OF CURTIS MCIVOR -Page 1 EXHIBIT !: g CITY OF BELLEVUE 11511 Main Street G?•.: P.O. Box 90012 I ��: •:j'�:,% Bellevue, WA 98009 9012 ' I 1 2 3 4 I, CURTIS MCIVOR,DECLARE.AS FOLLOWS.. 5i 1. I am over the age of eighteen years,and am competent to testify to the statements in this 6 7 declaration based on personal knowledge. 8 2. I am employed by the City of Bellevue as a police officer. 9 3. On February 3, 1995, I was at Papagayo's in the City of Bellevue in an undercover 10 capacity. I observed two female dancers on the stage dancing together'and simulating acts of 11 oral sexual contact on the stage. - } 12 ~� 4. On February 3, 1995,I purchased a"couch dance" from a dancer known as Mercedes. 13 14 During the dance,Mercedes touched the inside of my thighs with her legs land thighs. Mercedes 15 also made no objection when I touched her buttocks and thigh area with my hands. 5. On February 3, 1995, dancer known as.Taylor I heard two male patrons speaking with a 16 17 and requesting a "date." The term "date" is street slang for an act of prostitution. Taylor 18 confirmed that the men had asked her for an act of prostitution. 19 6. On February 3, 1995,I purchased a couch dance from a dancer known as Taylor. During 20 21 the dance, Taylor touched the inside of my thighs with her legs and buttocks. 22 7. On February 3, 1995, I purchased a couch dance from a dancer known as Tabitha. 23 During the dance, Tabitha touched my arm with her breast, and made no objection when I 24 attempted to caress her buttock and upper thigh area. 25 8. On February 10, 1995, I purchased a couch dance from a dancer known as Reggi. On 26 27 28 DECLARATION OF CURTIS MCIVOR-Page 2 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue. WA 98009 9012 1 two occasions during the dance Reggi pressed her legs and thighs against my groin area. 2 9. While at Papagayo's on February 10, 1995,I observed other individuals.purchasing couch 3 4 and slow dances from the adult entertainment dancers. From my position on the south side of 5 i the room, I was unable to observe what was occurring on the dance floor because there was 6 inadequate lighting. The wall approximately 20 feet closest to the north wall of the premises was 7 � too dark to see faces or activities on the dance floor. 8 10. On February 10, 1995, I was at Papagayo's in the City of Bellevue in an undercover 9 10 capacity. I observed a female waitress sitting across from a patron and simulating masturbation 11 of a glass that she had in her lap in the position of a penis. I also observed the patron making 12 motions in his groin area that appeared to be masturbation of his penis under his clothing. This 13 waitress was with the patron for 30-45 minutes. I also observed a second waitress sitting across 14 from the same patron with a glass on her lap. I believe she was also simulating masturbation for 15 this patron. 16 17 A dancer known as Tabitha stated that this patron was a "pervert", and had paid her 18 $50.00 on a prior occasion to pretend that she had a penis and to simulate masturbation while 19 he masturbated while watching her. 20 21 I declare under penalty of perjury that the above statements are true and correct. Signed at 22 23 Bellevue, Washington, this 2_ I day of February, 1995. 24 25 Curtis Mclvor • 26 27 28 DECLARATION OF CURTIS MCIVOR=Page 3 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 I 1 2 • *IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 3 • 4 ) INO INO, INC., a Washington corporation, ) No..95-2-02025-9 5 ) 6 Plaintiff, ) ) 7 v. ) 8 CITY OF BELLEVUE, ) ) 9 Defendant. ) 10 ) ) 11 ) DEJA-VU, INC. OF BELLEVUE, ) No. 94-2-22796-3 12 ) 13 i Plaintiff, ) 14 i v. ) ). 15 CITY OF BELLEVUE, ) ; 16 Defendant. . ) 17 ) ) 18 ) RONDA REMUS,ESMERALDA SILVA, and ) No. 94-2-27797-9 19 OTHERS SIMILARLY SITUATED, ) 20 ) DECLARATION OF Plaintiffs, ) CARLOS PRECIADO 21 ) IN SUPPORT OF MOTION v. FOR TRO AND IN 22 ) OPPOSITION TO 23 CITY OF BELLEVUE, ) PLAINTIFFS'MOTION • • FOR TRO 24 Defendant. ) 25 ) 2s 27 1 28 DECLARATION OF CARLOS PRECIADO-Page 1 ` , sDCHIB ,s CITY OF BELLEVUE 9'.s,,s-1''Lis:; 1,i,„ " y. : 11511 Main Street • �: ` P.O. Box 90012 M^ 1 • I, CARLOS PRECIADO,DECLARE AS FOLLOWS: 2 3 1. I am over the age of 18 years and am competent to testify to the statements in this 4 declaration based on personal knowledge. 5 2. I am employed by the City of Bellevue as a police officer. 6 7 3. On January 28, 1995, I was in Papagayo's in the City of Bellevue in an undercover 8 •capacity. 9 4. I purchased a table dance from a dancer known as Taylor. During the dance, Taylor 10 made contact with my hand by rubbing her right outer thigh on my hand which was placed on 11 my knee. 12 5. I observed several dancers make contact with other patrons of Papagayo's while 13 C 14 performing table dances. .The patrons would touch or stroke the dancers on the buttocks, legs 15 or thighs during the table dances. 16 6. I purchased a table dance from a dancer known as Molina. During the dance,Molina 17 moved her face within several inches of mine and I detected an odor of alcohol on her person. 18 19 20 I declare under penalty of perjury that the above statemenets are true and correct. Signed at 21 Bellevue,Washington, this day of February, 1995. 22 23 at--SL 24 I/ • I Carlos Preciado 25 • 26 27 28 DECLARATION OF CARLOS PRECIADO-Page 2 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 1 1 2 3 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 4 ) 5 INO 1NO, INC., a Washington corporation, ) No. 95-2-02025-9 6 Plaintiff; ) 1 1 7 v. ) I 8 ) i CITY OF BELLEVUE, ) 9 � ) Defendant. ) 10 ) 11 ) No. 94-2-22796-3 - 12 DEJA-VU, INC. OF BELLEVUE, ) I - 13 ) 1 Plaintiff, ) 7 14 ) 15 v. ) CITY OF BELLEVUE, ) 16 ) I I 17 Defendant. ) i ) No. 94-2-27797-9 18 ) DECLARATION OF 19 RONDA REMUS, ESMERALDA SILVA, and ) KURT RASCO IN 20 OTHERS SIMILARLY SITUATED, ) SUPPORT OF MOTION ) FOR TRO AND IN 21 Plaintiffs, ) OPPOSITION TO ) PLAINTIFFS'MOTION 22 v. ) FOR TRO 23 CITY OF BELLEVUE, ) 24 ) Defendant. ) 25 ) ' • 26 27 DECLARATION OF KURT RASCO-Page 1 28 i' EXHIBIttta , 1 ri4.10;:leU7...; e?..:4 �{�r: i CITY OF BELLEVUE`r".0 ;q', j:4 �a? I 11511 Main Street I � w,.�_ :.`_..., ... : �-}: ;'' 1 P.O. Box 90012 i • • • 2 I,KURT RASCO,DECLARE AS FOLLOWS: 3 1. I am over the age of eighteen years and am competent to testify to the statements in this 4 declaration based on personal knowledge. 5 • 2. I am employed by the City of Bellevue as a police officer. 8 9 3. On February 11, 1995, I was at Papagayo's in Bellevue in an undercover capacity. 10 11 4. On February 11, 1995, I observed a dancer known as Cloe grasp her nipples during 12 13 dances while staring directly at a patron in the audience. During three dances, Cloe touched her 14 genital area and simulated masturbation. 15 16 5.. On February 11, 1995, I observed another dancer, whose identity I am not certain of 17 place her hand over her genitals on two occasions and simulate masturbation. 18 19 20 6. On February 11, 1995,I purchased a table dance from the dancer known as Cloe. Cloe 21 touched my knees and thighs with her legs on several occasions during the dance. She also 22 performed simulated masturbation while dancing directly in front of me. 23 24 7. While in Papagayo's on February 11,I was unable to see the private dance floor because 25 26 of the darkness of the area. On at least two occasions, I thought the floor was unoccupied, but 27 28 DECLARATION OF KURT RASCO-Page 2 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue. WA 98009 9012 1 there were actually dancers present I was unable to see because of the inadequate lighting. 2 3 4 8. During the evening of February 11, 1995, while I was in Papagao's, the Club held a 5 waitress dance contest. Three of the waitresses performed twice, stripping to their • I 6 undergarments. The winner, "19 year-old Alliss from Seattle", won$100or her efforts. 7 8 I declare-under penalty of perjury that the above statements are true and correct. Signed at 9 10 Bellevue,Washington, this 2 Z day of February, 1995. 11 1. - r... 12 13 Kurt Rasco 14 15 16 17 18 19 20 21 22 23 24 25 26 • I 27 28 DECLARATION OF KURT RASCO-Page 3 CITY OF BELLEVUE 11511 Main Street P.O. Box 90012 Bellevue, WA 98009 9012 • Exhibit D _ . EXI�BIT "D" CITY OF TUKWILA ADULT ENTERTAINMENT DOCUMENTS Exhibit D-1 Police Incident Reports (representative of reports filed in 500 convictions at Deja Vu) K:\COUNMEMO\ADULTENT.EXD • C:ty of 'Tukwila CASE: 91-1119 • Cause No• - - ::e DATE: 02/06/91 Exhibit No. (p P:a:ntil� TYP E OF REPORT: CONTINUATION ndant's Admitted: Yes __ No TYPE OF CASE: HOMICIDE UCR STATUS: OPEN 1 From Medic Unit #4 of King County Medic One, Medic Mike Coffey and Medic Mike Hansen; from Medic Unit #5, Medic Tony Scoccolo and Medic Bill Hinkle; from Medic Unit #8, Medic Keith Keller and Medic Debbie Ayrs . The Medic One supervisor on scene was Dennis Doherty. The Medic One office number is 878-2670. From Tukwila Fire Department, from Engine #52, Lt. Wheeler and Firefighter Mosley; from Aid Unit #53, Firefighter McCoy and • Firefighter McCollum; from Station #54, Firefighter Byron, Firefighter Brewster, Firefighter Hagberg and Firefighter Codneys . J\ Andrews, Richard M. , a white male, DOB 08/24/68 . 2 Victim #1 Freeman, Clarissa Ann, a white female, DOB 02/04/71, employed as a dancer at Deja Vu, with a stage name of Autumn, had an apparent gunshot wound to the head area and was transported to Harborview Emergency Medical Center. Victim #2 Blake, Howard Lee, a white male, DOB 11/20/63, employed by Deja Vu as a night manager, had an apparent gunshot wound to the head. He was also transported to Harborview Emergency Medical Center. Victim #3 Bailey, Kevin W. , a white male, no further information available at this time, had an apparent gunshot wound to chest area that exited victim' s back and also an apparent gunshot wound to the back of the head. Bailey was pronounced dead on scene by the medics on scene. Suspect MOORE, Lance A., a white male, no further information available at this time, had an apparent gunshot wound to head, possibly self-inflicted. MOORE was DOA of police personnel. 3 Single family apartment located behind 15011 Pacific Highway S. in the city of Tukwila, with a possible address of 15013 or 15023 Pacific Highway S:, #7. The apartment is described as a small one-bedroom, with a kitchen unit; white in color, attached to another apartment. It is located directly west and next to Deja Vu, an adult dance establishment, located at 15011 Pacific Highway EXHIBIT CASE: 91-1119 PAGE 2 • S. in the city of Tukwila. 5 On 02/06/91 at approximately 0207 hours, I wasialerted to a possible shooting that had just occurred in an apartment listed above in item #3. Units en route were 3T5 Ofc. Bisson, 2T3 Ofc. Heckelsmiller, 3T1 Ofc. Stock and 6T3 ' Sgt. Haynes . All officers arrived between 0210 and 0211 hours. Upon my arrival at approximately 0211 hours, I noticed numerous people running outside of the apartment in; question. I also noticed at this time Ofc. Koutouvidis and Cpl ! Baskin, who were off-duty at this time, were also on scene. As II approached, being aware of information received from dispatch that this was a possible shooting and there may a suspect inside the residence, caution was used, as many people were running about and the situation at this time was quite chaotic. As I approached the apartment, I noticed a white female, who was sitting on the steps of the apartment, being tended to by another unknown female. The female on the steps had an apparent gunshot wound to the side of her face and an exit wound on the other side of her face. She was semi-lucid at this time and sitting up on the stairs.. There was a large quantity of blood located about the wall .onIthe corner of the apartment on the outside, where the female victim was sitting at this time. ' As I entered the apartment with other officers, I noticed another victim sitting on the couch immediately to the left of the doorway. This victim was also bleeding profusely from the head from an apparent gunshot wound. He had apparently been struck on the left side 'of his head just below the temple.! He was also conscious at this time and semi-lucid. I then also noticed a white male lying approximately inside the middle of the apartment with his head partially propped up against the lower portion of the couch. The majority of his body was on the floor. This victim will later be listed as suspect MOORE, Lance A. , a white male, with no further information available. This individuals eyes were open and not moving. There was a large quantity of blood next to the head of this individual and this individual appeared to have been shot in the head. He was an obvious DOA to this officer at this-time. 1 I then noticed laying next to this individual, approximately . I ?$ CASE: 91-1119 PAGE 3 six inches from his right leg and approximately twelve inches from his right hand, what I recognized to be a Glock 9mm semi-automatic handgun. With the amount of people running about and fire department personnel arriving on scene at this time, I decided to secure the weapon by picking it up with my gloved right hand and holding onto it at this time. I also noticed that there was a magazine inside of the gun at this time. It was unknown whether it still contained rounds . I then moved towards the kitchen area of the apartment, where Ofc. Bisson was standing and noticed the third victim, who was later identified as Bailey, Kevin W. , a white male, no further information available at this time. This victim was lying on his back and there was a large quantity of blood also present along his sides and to the right of his head as he lay in the middle of the kitchen floor. He was being tended to by an unknown bystander at this time, who may possibly be the doorman of the Deja Vu, who was approximately 5-08, a white male, with long light brown hair in a ponytail. The victim was on the floor and it was apparent that he had been shot once in the upper left chest area, as there was an entry wound visible. When the victim was later moved, a large exit wound was also discovered in this victim' s back and also a large entry wound in the back of this individual's head. After being administered aid by medics on scene, this victim was moved from his position in the kitchen outside of the apartment approximately 8 feet west of the doorway to give medical personnel more room to work on him. Aid to this victim was discontinued at approximately 0236 hours. I then examined the Glock handgun that I had in my possession and I removed the magazine from it and noticed several rounds inside of the magazine. The rounds inside of the weapon were 9mm hollowpoints with an aluminum casing and a metal jacket around the hollowpoint. I then decided to clear the weapon and I picked an open piece of ground to check the chamber of the weapon for possible rounds. As I pulled back on the slide mechanism of the Glock handgun, one round was ejected gently from the chamber of the gun, .falling to the ground at my feet. I then examined the chamber of the weapon to be satisfied that it was clear. I then retrieved the round that was laying at my feet and placed it back into the magazine of the weapon. I then dry fired the weapon with the magazine still out of the weapon by pulling the trigger and noticing 'a distinct click of the hammer. Satisfied that the weapon 7"f 3 CASE: 91-1119 PAGE 4 was clear at this; time, I then placed the magazine into the Glock handgun. I then immediately secured this weapon into my patrol vehicle. My patrol vehicle was then locked. It should be noted that I was the only officer to handle the Glock handgun with my gloved hands. The handgun was later tagged by this officer and entered into evidence #14051. Included with the handgun, which had a serial number of HU123, was the magazine with approximately six hollowpoint rounds contained inside of the magazine. There were no marks placed on this weapon to preserve any possible evidence or fingerprints on the weapon at this time. I was advised to enter it this way into evidence . by Det. Cpl. McCall. It1was sealed in a paper sack with evidence tape, that I also initialled and clearly marked and then secured it in a locked cabinet within the evidence storage facility. I then took a 35mm camera from the sergeant'is vehicle and approximately three 12-exposure rolls of 35mm ASA200 film. This I loaded into a Konica 35mm camera, model #MT100. IIthen reentered the apartment and began to take numerous photographs, starting at the doorway, moving into the apartment and through the kitchen area. I took approximately 26 pictures using three rolls of film at various angles and locations within the apartment. There will be victims both living and DOA in these photos, along with some fire department personnel who were still involved in administering aid to victims on scene. Also contained in the photos will be pictures of five empty casings that appear to have been from the 9mm weapon in question. The casings laying aboutithe apartment, one being by the threshold of the doorway, one by the suspect' s rights hand and three over by the south wall of the apartment by the stereo speakers, all appeared to be aluminum in make and appeared to match similar rounds that I removed from the weapon and also noticed inside of the magazine of the weapon. These pieces of evidence remained inside of the apartment. This film was also placed into evidence by this officer at the Tukwila Police Department upon my return to the station. While in the apartment, I was able to briefly talk to the victim who was on the couch, later identified as victim Blake. Blake stated that he was shot by Lance and that Lance had shot the other people in the apartment also. He was unable to tell me where Lance was at this time. I later was contacted by the doorman with the ponytail 75 ti • CASE: 91-1119 PAGE 5 mentioned above, who stated that the possible suspect, Lance, had been in Deja Vu for a while this evening and he had been upset over breaking up with his girlfriend, who goes by the name of Autumn or Amber. The girlfriend is believed to be victim Freeman. He stated that Lance was very distraught over breaking up with Freeman and may have been jealous. He also stated that MOORE has had the gun for possibly a couple of days, as he had threatened someone with it, either the doorman or someone else. It is unclear at this time who was threatened or when. While guarding the crime scene, I overheard an unknown witness, who was walking by in the commotion, that there was possibly an individual seen running from the apartment who got into an unknown vehicle and fled northbound on Pacific Highway S . There was no description available of this possible individual or the vehicle involved. At approximately 0309, I was contacted by an individual, who stated that he knew Lance MOORE. Upon initial contact, he asked if we had recovered a gun from the apartment. I then asked who he was and he identified himself as Andrews, Richard M. , a white male, DOB 08/24/68, and he stated that he knew Lance MOORE and that it was his gun that was in the apartment. He went on to say that Lance was staying with him because he was upset about breaking up with Amber or Autumn and that MOORE had keys to his apartment . He also stated that Lance knew that he had a gun. The owner of the gun went on to say that he was on his way home, when he stopped by at the Deja Vu and noticed the commotion. This individual also had a valid concealed weapons permit. A records check of this individual was clear. Andrews was then turned over to other Tukwila Police officers on scene at this time. I then remained by the doorway of the apartment to protect the crime scene. I later collected license plates on all of the vehicles in the parking lot around Deja Vu and contacted dispatch to have all of these license plates printed down to the station. Two of the plates came back to Howard Blake and Kevin Bailey. There was also a third that came back to suspect Lance MOORE. I then returned to the Tukwila Police Department, where I entered the gun into evidence, as mentioned before, along with the film. I then contacted Det. Cpl. McCall to assist him in the completion of the search warrant for the apartment. I then CASE: 91-1119 PAGE 6 returned back to the patrol section of the station and contacted the Port of Seattle PD at 433-5400 to obtain the name of one of the Port of Seattle Police officers present to assist us on this call. His name was given as Cpl. Sundby, #063. I then obtained a phone number for the weather department of Seatac Airportiand obtained several temperatures for this last evening, which were as follows: Temperatures Per Hour on 02/06/91 From 2400 to 0800 1 2400 hours 40 degrees 0100 hours 38 degree's 0200 hours 36 degrees 0300 hours 33 degrees 0400 hours 35 degrees 0500 hours 35 degrees 0600 hours 32 degrees 0700 hours 33 degrees 0800 hours 35 degrees The low temperature for this timespan was 32 degrees; the high temperature was approximately 38 degrees. This waslobtained from the weather bureau at telephone number 431-8068 . This is an unpublished number and is to be held as confidential. I then assisted detectives and other officers, while at the Tukwila Police Department on this case. I also made a xerox copy of the Tukwila Police Department Property and Evidence Record #14051. One copy was given to Det. Cpl. McCall. The other copy will be attached to this report. This case is to be forwarded to detectives for their investigation. 1 OFC. J.S. ROBERTSON/BW T73 APPROVED FILE:911119 .73 • • 77 /0 UJIi} • • CASE - NUMBER to Police Department Offense Code 1 (Offense/Incident eral) 1 Attempt ' _ DENT REPORT FORM - 1( j , i - j,4),�e UIdo "J Compete sported Date Reported Time Offense Code 2 2 ❑Attempt : OZlcq L /575o i 4Z _+ Tiru-1 ,Ccrn ere Locasoon�n //fit ense ••e 3 0ea/ {ALI,FL C. • 3 ❑Attempt 6 �(.UL� , S, ❑Complete Distna ofhence R Dacfosure? Occurred Date Occurred Time Dere(A-L) Status How Received -.1--S ZIoO jes D)a•. DZZSq(i Z I 4 0 GENERAL IBR INFORMATION(roquired on all criminal incid nts) Location Type Offense Related to: CLEARANCE TYPE: jAAA-Arrest Adult Bias Mattvason? Domestic Violence? Chid Abuse? ❑Alcohol ❑Computer ❑N-Not Appiable ❑M-Arrest AN Yes(specify axle): ❑ es Y C Drugs lot Appieable ❑Exceptional(seedy code): (88) No Cnminal Activity Weapons Used? Caliber. Length: E ITEMS♦ e Unie Entered Entry Method Took Aj Prem.Seain1 No (spray code): A Gauge: GripsdFmeh: BURGLARY II NARRATN - REPORTS ONLY {SPA vu.V ( 1fi n_OMS R 146it.t.,s o)TEeii4fiu rizoloAce. 5Pi f tJ To Ti ep.)(r `a i b € Dieroccloci. rr4L Pr rI4L1' 5 l Rcr SOLVABILITY ❑01 Suspect arrested • ❑04 Suspect an be lD'd ❑07 Witness to aims ❑10 Signifiant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08(rime scene processed ❑11 Useful physical evidence C 03 Suspect can be located ❑06 Suspect veh described ❑09 Stolen popery traceable ❑12 Related/similar incidents INV. C Victim G Complainant 0 Offender VICTIM 0 Individual ❑Government 0 Other PCN(Process Control Number) CODES .Witness 0 Registered owner ❑OwNer TYPE C Business 0 Religious 0 Unknown Offender Involvement Onlyr Suspect C Driver ❑ Missing Person CODES ❑Financial Institution ❑SooPudic ❑Police Ofc. I mt es Name(last,lust semiddle) � ^ Adgi Sex DOB/Age Range ' xen? CNNo IvlC116:X 6ciU) 2S L . • Street Address ) Ciy Stars Lip ' home Phone Pla�f Em me CO2� fl1u - �t.� 1 ? jui ,t .6 Work Phone OLN State 'SOC TO - SID 'FBI 4f3•LOCO$ • . . • Height Weight Hair Eyes Ethnbry esidenry Charge(s)and/or Citation No. Flag Statrs t T Jail Boog il rg No Ja 2 Alias NamesAdenafiers/Ctothing , • • INV. 0 Victim 0 Complainant , Dffender VICTIM 0 Individual ❑Government ❑Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 OwNer TYPE 0 Business . 0 Religious 0 Unknown Offender I volvement Only 0 Suisoect 0 Driver ❑Missing Person CODES ❑Financial Institution ❑Soc/Pudk ❑Police Ofc. No. Stmt. ❑Yes Name(last,first,middle) Sex DOB/Age Ran 01 take:„? KN. 17Ate>I � 6 2Li - v..)) ge o�f k Street Address t City State Zip Home Phone Place o Employment Z3-1� n . frvtimIt/)uthe1 Z• VvcaDirJv.l(E q• q6o?Z ISg'��t2S D 14 ucj. Work Phone OLN State SOC ED SID FBI Z i . ('3ZI- iZA9-1/-6-MA333/ag . 536-9 v— 96(16 . Height Weght Eyes Ethnicity Res Charge(s)and/or Citation No. Flsg Custody t Jail Booking No, Jail S 7- (C C. 771Y- 50 NJ r. , 1 II Bracts Alias Namesiidentr erslClothing , LE INFORMATION - .,4ct Vehicle Lu:.No. Le.State Veh.Yr. Vehicle Make Veh.Model Veh Type Color VW LI Viaim Vehicle .. Description Inver.14 ;'a- 3 • 5 L ?J`7 Supervisor /15 • Rev 11i92 . 0978 CASE NUMBER .....cello Police Department Offense Code 1 (Offense/Incident Literal) 1 ❑kartINCIDENT REPORT FORM / K. EZ� AirJ�' U � J �ampb•.• IbOMtv -Reported Date Reported Time Offense e 2 j 2 0 Attempt OZ LSD( q 1500 720ST-111 b-N) i�Complete Location Offense Code 3 3 0 Attempt i SD ?Acl_f x C rl hP'l• 5 • 1 ❑Complete D istnct of 0=rrence RD Disclosure? Occurred Date Occurred Time Dispo(A-Z) taste How Received 1-.5 Z709 ges ❑No 021-5-1-4/ YSps • A I 0 . A GENERAL IBR INFORMATION(required on all criminal incidents) Location Type Offense Related to: CLEARANCE TYPE: AA-Arrest Adult Bias Mi oDvattany Domestic Violence? Chid Abuse? ''II 0 Alcohol 0 Computer ❑N-Not Applicable O XI-Arrest Jw ❑Yes(seedy code): ❑Yes Oxes "i ❑Drugs Not Appliable ❑Exceptional(specify code): (e8) fAo Cnminal Activity Weapons Used? Caliber. Length: 'THESE ITEMS♦ it Units Entered Entry Method Tools Prem.Security 0 Yes(speciy code): Gauge: Gripnish: FOR BURGLARY , 0 No/90) • REPORTS ONLY NARRATIVE: 5Lt5 .T C_O AA IM c71 UJni i S dF aili i L� -7;11;11A.l onto Aft. St-1 �-4E c4G ) a i d,,L- �'z= .4-&vt DALAi ,— Z ce- . -iR •u.c.-,c. 5-(ExtA l -, SOLVABILITY O 01 Suspect arrested ❑04 Suspect can be ID'd ❑07 Witness to crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed • ❑11 Useful physical evidence E.03 Suspect can be located • O 06 Suspect veh described ❑09 Stolen property traceable ❑12 Relatedeimilar incidents INV. ❑ Victim I1(Comp4ainant E.Offender VICTIM 0 Individual O Government OOther PCN(Process Control Number) r^^c.S ❑, Witness C Registered owner O OwNer TYPE 0 Business 0 Religious O Unknown I Oder Involvement Only C Suspect C Driver C Missing Person CODES 0 Financial Institution 0 Sir/Public 0 Police Ofc. ' Stmt XYes Maine(last,first middle) Race Sex DO&Age Range 1 taken? CtNo fv le MZtr iP.J) 1) L . ... steetAddressss �.�j City I State Zip )G l e �o Ernityme , (ih�D 2 = Itu Gt• r(1Z t. %1 Pr •J LA.q61 Oa g /u,�i.-r(4 >f , Work Phone OLN State SOC D Si •• `FBI 433 16C� ' Heignt Weight Hair Eyes EthnicityRes Charge(s)andbrCitation No. Flag�Custatus tT,Jail Boolang No, Jail 1 2 Alias Names/Identifiers/Clothing �.„... ' • !NV. 0 Victim Complainant flender VICTIM ❑Individual- .QGovemmmu ❑Other ; PCN(Process Control Number) CODES 0 Wigyss O.Registered owner OwNer TYPE 0 Business 0 Reltpiotrs 0 Unknown I Offender Involvement Only ❑Suspect 0 Driver 0 Missing Person CODES 0 Financial Institution O SociPubfic Police Ofc. No. Name(last,first middle) Sex DOB/Age Range _' Stmt ❑Yes 5�r Q \ kiA R (O o' ! OS i YT `i W ' tak �No �}, e�L Street Address 1�1U 5 I Q( •.�[ City State Zip Home Phone Place o Employment ICt1( 1 — II '" P4-C - CT Es. 59:17-44wAti y A4-, )8147 et-6$ bE34 U.( . Work Phone OLN State ' SOC 11D Slb FBI ikn- 15 ,�(vS-35-7 fl o • Height Weight fir--..Eyes _Ethmaty Residency Charges)andior Citation ap.1--- Flag C Sus� Arrest Type Jail Booting No Jail tus Alias Names denofiers i 1, • \,..r1ICLE INFORMATION 0 Suspect Vehicle ix.No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh Typo Color VPl O V nm Vehicle Description . tazestigavg OfNer Badge No. Supervisor 1CJoe4 TUKWILA POLICE DEPARTMENT CASE REPORT A-009 • DATE: April 11, 1994 TYPE OF REPORT: Continuation TYPE OF CASE: Entertainer Violation/Prostitution IBR STATUS: Cleared Arrest Adult CASE MGMT STATUS CHANGE: 3. Adult entertainer dance club, open for business. 5. On 02/25/94 at about 1500hrs. I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door and,was contacted by a male employee who was responsible for collecting the cover charge from patrons. He asked me if I'd been in the club before and I told him yes. He then said the cover was $5.00 and I paid him a $5.00 bill. He said "have a great time", and I continued in. I went to a table on the South side of the club that was three tables in from the D.J.'s stand and two tables from the South east exit. There were three chairs located at this table and I sat in the middle chair that was facing the main stage. There were two other chairs at this table, one on each side of me. They were both empty and no one else was sitting at my table. Shortly after taking my seat I was contacted by a waitress who asked me what I would like to drink. I told her a "Coke". She returned later with the drink and told me it was $5.00 and it was a "bottomless" drink. I thanked her and paid her with a $5.00 bill. As I had entered the club I saw that there was a dancer on stage and I could see a dancer in the back of the stage that was getting dressed. The dancer that was re-dressing I knew as stage name "Jackilyn". I had just taken a drink of my "Coke" when I was approached by a female employee who sat down at my table in the chair to my left. She put out her hand and said "Hi, what's your name?", I replied Dave. She then said "My name is Sheena,"and I told her I was happy to meet her. "Sheena" was later identified as Owens,Christine Suezana. K�5 • i • Owens then picked up the flyer that was on the table advertising a special guest dancer by the name "Candee Apples" that is scheduled to perform in March of this year. Owens said "She's got great tits, but you know their fake don't you? Their nice but its' not like having the real thing", and she pushed out her chest toward me. I told her she had very impressive breasts. Owens was wearing a black bra and panty two piece outfit. The bra was a lacey half cup style and the panties were a matching design of the "G"-string type. She was also wearing red high- heel shoes with about a 3 to 4 inch heel. She had dark brown, almost black hair that was slightly curled. At this time she said she had been off for a year and was just now trying to build up her cliental again. I asked her what she had been doing for the past year and she said relaxing, and traveling around. I asked where she had gone and she said Hawaii and Mexico. At this time she asked me if I would like a couch dance and I asked her how much would it be. She said she liked me and-:since she was looking for regular customers she would charge me $12.00. I said that sounded like a bargain and agreed. She took me to the couch area directly behind us on the South side of the club. She directed me to the end of the couch that was closest to the Southeast exit and had me set down. She sat next to me for a moment while I took off my jacket. She then sat on the coffee table that was in front of us,facing me, and took off her shoes. She then leaned back on the table and put her feet up on the couch putting them on either side of my legs and spread legs and began rubbing her crotch with her right hand. She then pulled the panty aside and exposed her vagina and began rubbing her exposed vagina. She did this for about 5 to 10 seconds. She then covered her vagina and leaned forward, sliding her, hands along the outside of my legs and moving up the sides of my chest and straddling me with her legs. She sat on my thighs and put her hands onto my shoulders and was smiling at me. I returned the smile and she said "your very nice" I told her she was nice too. While she was talking she was sliding forward and back on my thighs with her thighs and buttock. She then asked me, while she was still doing this act, what I did for work, and I told her I was a recording engineer for a company in North Seattle. She then moved closer to me and began chewing on my ear and sticking her tongue in and out of my ear. She had moved her hips at the same time to where she was now sitting full weight onto my lap and she positioned herself so that her vagina, although still covered, was now riding atop my penis and she was pushing forward then down heavily onto my penis. She continued this motion for about 5 to 10 seconds. She then pushed back and slid onto my thighs again and began rubbing my thigh and crotch area with her hands. With her left hand she began rubbing my rights pants pocket which I carry my money. While she was rubbing the pocket with the money she was rubbing my penis with the right hand and asking me questions in an attempt to distract me while she was estimating how much money I might have. She was asking me things like, how I liked her breasts and have I been in the club before and questions to that effect. She then moved her face close to mine touching my nose with hers. As she did this I could smell the odor of an intoxicating liquor on her breath. The odor was extremely heavy. About this time the music stopped and she got off of me to my left and sat next to me on my left. • • • She asked me how I liked the dance and would I like another one. I started to say "Well" at which time she said "how about a V.I.P. dance I'm excellent in there and you won't go away disappointed". I asked her how much that dance would be and she said "normally I charge $50.00 but I like you, I'll give it to you for $30.00 each". I said OK and she led me to the V.I.P. area. We entered the V.I.P. area through the opening that is by the dancer's changing room on the Northwest side of the club. Owens told me to sit on the couch that was to the left of the entrance to the area which I did. She sat next to me on*my left. I asked her what she had been doing in Hawaii and she said she was doing the bikini circuit. I asked how she had done and she said she had won a few. She went on to say that she had also gone to Mexico and had met a guy there while Marlin fishing. She said he owned the fishing boat. She went on to say that she had stayed with him for about a week until she got tired of him getting up every morning at 4 o'clock in the morning. She said she finally said "what are you doing" and he said he had to run the boat. She told him that if he wanted to fish over fucking her then it was over. She said to me "I told him this cause I'm the best fuck ever and I don't have time for that shit". I told her I couldn't believe that a guy would want to fish instead of "doing" her cause she looked marvelous. She said "do you think so?", and I said "with out a doubt." Owens then asked if I was ready for the dance and I said "sure". Owens started the dance the same as before, by setting on the coffee table that was directly in • front of us and facing me. She spread her legs apart and put her feet on either side of my legs. She then exposed her vagina and began rubbing it with her fingers on her left hand. She did this for about 5 seconds then moved up onto my lap pressing her breast against my upper chest. She began pushing her pubic bone into my upper lap and put her hands around my neck and began lightly nibbling my ear. She then began putting her tongue in and out of my ear and licking the edge of my ear. She then lowered herself down full weight onto my lap still moving her hips forward and back in a rhythmic motion. She then put her right hand down between her legs and began rubbing my penis and moved her face close to mine again touching my nose with hers. She suddenly took the back of my head with her right hand and moved my head forward and at the same time she began kissing me. I attempted to move my head back trying to break away from the kiss however she pushed harder with her hand and began inserting her tongue into my mouth even though I tried to keep my lips sealed. As she did this the rubbing of my penis became more intense.Owens did this action for about 10 to 15 seconds. She then stopped and stood up still straddling my legs and turned around now facing away from me. She bent over and was looking at me through her legs and reached up with her right hand and moved the panties to one side exposing her vagina. At this time she inserted her middle and third finger into her vagina moving them back and forth masturbating herself. Owens did this for about 5 to 10 seconds. She then stood back up and turned around now facing me again. She moved toward me and put her crotch into my face bumping my nose with her pubic bone. She then slid down the front of me maintaining contact until her breasts were on my chin. She then backed away slightly and with her right hand reached up and pulled the cup of the right breast back exposing her nipples. She then pushed her breast toward my mouth making contact. I kept my mouth closed but she then used her fingers to separate my lips and pushed her nipple into my mouth. She kept it there for about 5 seconds. At this time the current song was ending and she backed away and got off of me to my left and sat next to me. She told me I was very nice and she liked the way I smiled at her and I didn't act like a perverted nut or something.;I asked if she ran into a lot of them here and she said once in awhile. She told me that the reason she took the year off was because she had a customer come in who was "a greasy Mexican guy" and she was giving him a dance in the V.I.P. area and when she got up on him he started moaning very loud and making all kinds of rude noises and she didn't like it so she got up and told him to "knock that shit off-man cause I don't like that shit." She said the problem was the D.J. was watching and told the manager who then told her that she wasn't suppose to treat the customers like that. She said she told him what the guy was doing and he told her that's why they pay the money and if you don't like it then get out. She said that's why she left. Owens stated she didn't mind doing the "dirty" because she is the best "fuck". around but she didn't like this creepy guy. She then talked more about her time in Hawaii and the bikini circuit. I itold her that I know she had to have done well because she had such a great body and great breasts. She seemed to enjoy my complements and I kept this up a lot to gain a better rapport with her. About this time another male patron entered the V.I.P. lounge and took a set on the couch located on the East wall of the V.I.P. area. He was an older white male in his late 50s or early 60s. He was partially balding with white hair. He was wearing a light brown jacket, white shirt, tan pants and a dark tie. As he sat down he took off his jacket and lit a cigarette and sat back obviously waiting for a dancer. Owens watched him for a moment and told me not to worry that he was waiting for a dancer and that he was a regular. She did this because I pretended to be somewhat nervous about his presence. At this time Owens asked if I was ready for another dance. Which I said I was. At this time she began the dance like the others by setting on the coffee table facing me with her legs spread and her feet on either side of my legs and began rubbing the outside of her panties on the vagina area. She did this for about 5 seconds and then moved up onto my thighs. At this time she raised her hips moving her rights hand onto her crotch area and moved the panties aside exposing her vagina. At this time she inserted her middle and third fingers into her vagina and began masturbating herself by pushing her fingers in and out of her vagina. She kept this up for about 15 to 20 seconds then pushed herself forward putting her left hand behind my neck maintaining her position with her right hand in her vagina. She kept rubbing her vagina and my penis with the back of her hand and began putting her tongue into my rights ear. She was now moaning into my ear and would make whimpering sounds too. She alternated sticking her tongue in my ear with soft nibbling of the edge of my ear. She maintained this for!about 1 minute and then began moving her hips faster and rubbing both herself and me faster Itoo. • Her moans became increased and at times would stop tongueing my ear and press her nose and mouth next to the outside of my ear and side of my head still moaning but now harder. She did this for about 30 to 45 seconds. I noticed the music had stopped and the D.J. was making an announcement about "Candee Apples" coming to the club in March; however Owens did not stop the dance but was at a feverish pitch in her rubbing and movement of her hips. About 15 Rea seconds after the music stopped she began to slow and she put her head to one side and rested • it on my shoulder moaning as if she had reached a climax and was now enjoying the feeling. She was still rubbing herself slowly and her hip movement was slowing down too. After about 10 seconds she started to get up and said "oh wow, that was great don't you think?". I said that it was certainly interesting. She then got another cigarette from me and got up from the couch saying "don't go anywhere I'll be right back, don't let anyone else dance for you, stay right there". She then left the V.I.P. area and went into the dancer's changing room. She was in there for about 3 or 4 minutes and then she returned, setting to my left again. Owens said that she could tell I really liked her tits and could tell I appreciated fine tits. I said "yes I do have a weakness for big fits", and she then said "I've got something you might really like". I ask what she had in mind and she said "I've got a friend who has really great fits, would you like us both to dance for you at the same time?", she went on to say how pretty her friend was and what great fits she had. I asked her how much this would be and she said that usually the double dancers would be $100.00 but we could work a price out. I hesitated for a moment and Owens said that she could charge me$30.00 and maybe she could see if her friend could go less too. At this time her friend came into the V.I.P. area and Owens said that's her now. I recognized the dancer as "Jackilyn" who had been announced several times by the D.J. as the performer on stage when I've been in the club on previous occasions. "Jackilyn" walked by us and went to the older gentleman who had entered the area previously and began dancing for him. I told Owens that I might have to take a rain check on that when I had more money and she said that it would be an experience I wouldn't forget. She then went on'to say that if there was any girls I was interested in either in or out of the club to let her know and she could fix me up with them. Owens then asked me if I would like another dance. At this time I asked her if it was OK to request special things. She said "tell me what you want honey". I said "well I really like your tits, there the best I've seen in a long time", she said "go on, tell me what you like babe". I then said "well, if I give you $50.00 plus the cost of the dance would you rub your tits on my crotch the whole dance?" She said "yes I'll do that, and listen, this is just like sex honey, you got to tell me what you want." Owens then stood up in front of me and bent over me putting her breasts onto my face. She did this for a few seconds then slid down my body moving her breasts back and forth until she was kneeling down in front of me and began rubbing her breast all around my crotch. At about this time the dancer known to me as "Jackilyn" and the patron she had been dancing for left the V.I.P. area. Owens watched them leave and when they must have been out of sight she grabbed my hands, which had been at my sides, and placed them on her breasts and began rubbing her breasts with my hands as well as hers. Owens did this for about 30 seconds. The song ended, and Owens then stopped and sat next to me to my left again. Again she said "don't be shy about this honey, remember its just like fucking and you got to tell me what you want, cause you know I'll tell you." I then told Owens that I had to go to work now but I'd be back and. I asked when'she was working next. She said any time I wanted. She then told me that she would give me her home phone so I could call her and tell her when I needed her. She then asked me if I had a pen and I said I didn't. She said that next time she would give it to me. I told her that I would be in on Monday and asked if she would be there. She said she would. I then asked her how much did I owe her and she began adding up the dances and then said $167.00. II gave her two $50.00 bills, three $20.00 bills and a $10.00. She then gave me three $1.00 bills back in change. We then got up and she hugged me and said she would see me Monday. We!then exited the V.I.P. area she was a little ahead of me because I was putting on my jacket. As I passed her she was talking to "Jackilyn" she grabbed my sleeve and said to "Jackilyn" this is one of my clients, Dave, and I think we need to both dance for him, he said he'd like that." "Jackilyn" said hi to me and said that the double dance would be "hot". I told them I'd be looking forward to it and then left the club. Upon leaving the club I went back to the station and obtained the Special Operations Deja Vu license book and looked through,the book and positively identified Owens, Christine Suezana as the person who danced for me and identified herself as "Sheena". There is no doubt in this detectives mind that Owens was in fact the dancer "Sheena who had danced for me. There is also no doubt that the purpose for Owens touching me while she danced was for the purpose of arousing or exiting this patrons sexual desires and interests. I prepared this report and forwarded it to Sgt. McOmber for filing. . I . I Det. Dave McKenzie 5T34 Approved 116 . CASE • NUMBER 9s— 00zao rTukwila Police Department Offense Code 1 (Offense/IncidentLderal) 1 ❑Attempt "1CIDENT REPORT FORM /4 t,-+-t41-- -A:.ui,r Vio/g- "icps., liiComplete - Val . Reported Time Offense Code 2 2 0 Attempt _, - 0,9-Q S' i SO O — -- • ❑Compete Location Offense Code 3 3 0 Attempt Igo// A . ❑Complete Drstna of Occurrence R Disclosure? Occurred Date Occurred Time Dapo(A-Z) I Status How Re T- 5- 270 (fifes an o/-04-415- . I SO c A- A o- C. GENERAL IBR INFORMATION_(requlred on all criminal incidents) Location Type Offense Related to: CLEARANCE TYPE: sm Arrest Adult Bias Mottwation? Domestic Violence? Child Abuse? // ❑Alcohol ❑Computer ❑N-Not Applicable ❑Al-Arrest Jw D Y}��s code): �... ❑�s D Yes `y` 1p ❑Drugs �iQ6t Applicable ❑Exceptional(*.city aade): SNo 7�No Criminal Activity Weapons Used? Caliber. Length: . hESE rr s♦t Units Entered Entry Metbol Tools lJsed Prem.Seams �❑yes(specify code): _ Gauge: / GripslFin"sh: FOR BURGLARY 0 (90) REPORTS ONLY — J — , NARRATW : S t,6 ji e-F- Sr/o recto of• Sara.t do,..o/s o-4 Co•.aru c- - (tAr c S- 's'6 . 07o U.,Le- DA 0,0 i C JAL ..3' / -Per 4'-i '.- cf 4 r- Plt,..t c/o_LL.'S �� - ._i-e C-r/t . . C r-t et-r/w� C+ - OI4--64 CI OJ.-.o/ P—e_r ae-OCA ,s1 Lee-ex T"M. C. . SOLVABILITY gt i Suspect arrested D 04 Suspect can be D'd ❑07 Witness to crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed 011 Useful plrysical evidence ❑03 Suspect can be located . ❑06 Suspect veh described D 09 Stolen property traceable D 12 Related/similar incidents INV. 0 Victim 0 Complainant 12rORender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner ❑OwNer• TYPE • 0 Business. 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver 0 Missing Person CODES 0 Financial Institution 0 Soc/Public 0 Police Ofc. No. Stmt. ❑Yes N• ame (last,first middle) race Sex Sax DOB/Age Range I taken? �� I. T-.'m Ai) i i r•�6�t�{ Q L Lp," W C. F o v-/�/ -73 Address . J Goy State Zip a Phone Place of Employment • \ 57.g E3 NE 444 g--r. 0A. T-/0Z • • A1 i-(-o•.- IWg 9£�Sb _ug.u7t �la -t/tn Work Plane OLN State SOC D • SID FBI )Z -f32Z7- 1,lati+Mf(TD270S7/1 WA. %39-0I -SS-5-7 Height Weight Hair Eyes Ethnicity Res' Charge(s)andbr Citation No. Flag Custody Arrest T Jail Booking No, Jail / Ail i V:o 1. S e.,,d. c 1- Co-chit--f cu0 els / Status S-Ob 12,3 etc , it) P 2 � S''�] _ _I Alias Namesfdentifiers/Ctot ing •n 6 � J 1,././ � I r St,ern�al��� ,, . INV. 0 Victim 0 Complainant 0 Offender VICTIM ❑Individual • ❑Government ❑Other PCN(Process Control Number) • CODES 0 Witness 0 Registered owner ❑OwNer TYPE ❑Business ❑Religious D Unknown Offender involvement Only ❑Suspect. 0 Driver 0 limb"Person CODES 0 Financial Institution 0 SoeIPublic 0 Police Otc. No. Sant ❑Yes Name(last fast middle) jace Sex I DOB/Age Range taken? ❑No Sleet Address City State Zip Employment Work Phone OLN . ' State SOC • .TtD ma Phone Place o 4 SID FBI Heght Weight Ilk • Eyes• Ethnicity Resideli Charge(s)and/or Cdation No. Flag Custody Anent T Jail Boolang No Jail • Status 2 Alias NamesAden iers/Clothing , VEHICLE INFORMATION • vect V • ' Lk.No. •Lk.State'Vehh.Yr. Vehicle Make Veh.Model Veh Type Color VW 1f ehide / Investigating Officer Badge No. Supervisor De G,-.-Q-A, tL.-- . s--- 3 b 14- l gt0 . . Rev 1192 • TUKWILA POLICE,CASE: 95-00280 DATE: 01-09-95 TYPE OF REPORT: Entertainer/Dancer Violation TYPE OF CASE: Continuation CASE MANAGEMENT STATUS: 0- Closed, Filed Misdemeanor 3. Deja Vu 15011 Pacific Hwy. South, Tukwila Wa. Adult entertainment club, open for business. 5. On 01-09-95 at approx. 1500 hrs. I entered the Deja Vu club for the purpose of determining in any adult entertainer violations would occur i n my presence. I entered the club through the front door and was met there by a tall W/F/A employee wearing a white satin type shirt and black skirt with blond hairito her shoulders. She appeared to be approx. 21 to 25 YOA. I also noted the D.J. was a W/M/A approx. 25 YOA with dark hair in a pony tail. He also wore a white or light!colored shirt and dark pants. I provided the female employee a $5 bill for the cover charge, and was provided.a paper ticket, red in color. I then moved into the club and took a seat on the couch located on the South wall, approx. in the middle. I noted no other persons seated in the area of the south wall. I noted approx. 5 other patrons, all White males, in the club besides myself. It appeared that there were approx.4 dancers either seated or moving about in the club. In addition to the employees as described above, I also noted another employee, a W/M/A, thin in build,approx. 25 YOA with light hair also dressed in a white shirt and dark pants. I was approached then byi a waitress, a W/F/A approx. 25 YOA with long shoulder length hair with a medium to heavy build wearing a white tux type shirt and a black skirt with heels. I ordered al coffee and requested some popcorn as well. At this time a dancer the D.J. identified as 'Teri'took the stage to dance. She was a dark haired W/F/A with a medium to heavy build. The waitress returned with my coffee and popcorn. I paid her with a $5.00 bill After approx. a minute, my attention was drawn to my left towards the shower area. The tall slender male employee was exclaiming "oh c'mon man, not here" or words to that effect. In looking in his direction I noted in the shower/lounge area located on the Det. R. DeGroot 5T53 1 Jo� - I west wall of the club a B/M/A visible to me from the stall style door which the male employee was holding open. It was apparent that the B/M/A's pants were down, and as I watched, he pulled them up while seated, then stood, tucked in his shirt and came out into the general club area, sitting on the west couches. As he was exiting I noted a W/F/A with dark shoulder length hair and a,dark complexion, approx. 5-07 115 lbs, wearing a white or light biking style outfit and high heels also exit the shower area.The W/M/A employee who had alerted my attention spoke briefly to her, she laughed then rejoined the B/M/A customer on the couch briefly, then move off. While the employee had seemed concerned regards whatever behavior had occurred in the shower area, he did not seem angry at either the dancer or the customer. I was then approached by a tall W/F/A dancer in a white lace lingerie outfit with thigh high stockings and high heels. She was approx. 5-08 and 118 lbs with shoulder length loose curly blond hair. I noted that she had a gold hoop earring in each ear, and a gold chain around her neck with a single stone, possibly green in color. She leaned over to me and asked me if I wanted a dance. I stated "well, I might. Whats your name?" She stated "Summer", or a similar name. I asked what a couch dance would cost, and she stated "$22.00." I had noted clearly posted on the wall of the club and on table tents on each table the price of dances, which listed couch dances as $12.00. I stated, "20?" and she smiled and replied, "no, $22.00, but it is a two for one couch dance" I then agreed to the dance. The music then began for the first of my two dances. I did not recognize the song. As 'Summer' began to dance, I also noted through the material of her outfit that her navel was also pierced.She began the dance by leaning in close to me and massaging her left breast and nipple with her left hand through the material of her outfit. She then did the same with her right breast and hand, then reached into her outfit and manipulated her nipples directly. She leaned in with her chest close to me face and brought her left breast very close to my face as she nearly exposed the nipple. She then ceased rubbing her breast and reached out and rubbed my chest through my shirt, concentrating on my right nipple. She then stood and faced away from me, then seated herself in my lap, then began rubbing and grinding her buttocks into my groin area simulating or mimicking a sex act. This continued for approx. 25 to 30 seconds. She then turned around to face me, and standing straddled me, bringing her abdomen and crotch area very close to my face while pulling up on the crotch of her lingerie outfit. At about this time the first song ended and the next began. As the second song began 'Summer' began to dance in a similar fashion. The second dance was in most respects identical to the first. She again brought her breasts very close to my face as she pushed them together, manipulating her nipples through her outfit. She also again turned to face away from my and again sat in my lap and ground her pelvis and crotch area into my groin, for a more extended period during the second dance. She also turned to face me and moving down my body rubbed her chest/breast area against my crotch. As the second song ended I thanked her for the Det. R. DeGroot 5T53 2 1ST • I • dance, and provided her a $20 and a $5.00 bill, telling her to keep the change. I had also noted during her dances that 'Summer' had a roll of bills in her right hand. She sat briefly on my left and made small talk for less than.a minute before moving off. I then stayed seated and finished my coffee. During this time a dancer by the name of 'shawndra' was on stage. I spoke briefly with the waitress again, who insisted on providing me another 1/2 cup of coffee. During this time I was approached by another dancer, a W/F/A tall with short brown hair who asked if I wanted a dance, however I declined. I then finished my coffee and proceeded from the club. I immediately returned to the Office and attempted to identify 'Summer' from the 1995 Deja Vu license book. Initially I was unable to locate 'Summer', though I did note the dancer I had declined. I then checked the unassigned license investigation file in Sgt.McOmbers Office, and in that stack I found Hamm, Tiffany Dawn DOB 04-14- 73. From the pictures included with Hamms license application's I was positively able to identify 'Summer' as Hamm. There is absolutely no doubt in my mind that 'Summer' is in fact.Hamm, and .that the reason for Hamm touching me was for the purpose of exciting and/or arousing sexual interests. I completed citation #0001351 • for Violation of Standards of Conduct which was forwarded to the City Attorneys Office for filing. Det. R. DeGroot 5T53 3 net I. CASE - • • NUMBER <5y r0,:,,/49 ;,Tukwila Police Department � "arse ..el (Offense/Incident Literal) 1 ❑ mpt ,/r INCIDENT REPORT FORM /c per--' v-1 ice — - _ �'.--7G .7p./ Compete 1 led Date / Reported Time Offense Code 2 2 attempt /.... y / /S----- ❑Complete Offense Code 3 3 0 Attempt /' '// "C.Cc...c 7 c— ,u.�•••••-./ "57 ❑Complete District of Occurrence RD Disclosure? Occurred Date Occurred Time Despo(A-Z) r1) Status How Received -r -?� 3 '❑ 0Yes or/'-/ / rs ,4 S n �// p 4 GENERAL IBR INFORMATION(required on all criminal Incidapts) • Loeanon Type Offense Related to: NCE TYPE Arrest Adult Bras Moavation? Domestic Violence? Child Abuse? 5/� ❑Alcohol 014mputer WM)!Applicable❑Dregs ' - lot Applioble D Exceptional Nosey codeJ:• -Mast Jw (88) code): Oyes C Cnmuial Activity Weapons Used? Caliber. " Length: ,'�ITEPPS♦ e Units Enteredd Entryy Mee; Toom Prom.Seanry ❑YAs(wily code): , Gauge: GriptaFmish: FOR BURGLARY — $�lo REPORTS ONLY , NARRATN : ,„ i?G.ChY�iv O�/�/^-cr/< iCc_77—'r-/ .-=r— C. -.4—✓--) C-(----#. ".1� /',"4',--- T",- f•—•, 5: _ ' eTr r /_{—I , i/1/4-, 11.....,%_7--/ .Q=m--ie.. SOLVABILITY ❑01 Suspect arrested ' ❑04 Suspect can be ID'd ❑07 Witness to cnme ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence 0 03 Suspect an be located ❑06 Suspect veh described ❑09 Stolen property traceable ❑12 Related/similar incidents INV. ❑yctm 0 Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES ; fitness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious ❑Unknown Offender Involvement Only Sus ❑Driver - ❑ Passing Person CODES • 0 Financial Institution 0 SodPublic 0 Police Ole j No. stn. Name(last,nrst,middle) c Sex DOB/Age Range Wen? ❑No Gl./�.�. /'--!/rn e�I1�1 L.....,.., /7 ...... -' iadress City Stain Zip a Phone Place o Employment rwrk'none OLN State SOC T SID FBI xt,,,,;"7S'4J.o Heignt • Weight Hair Eyes Ethmaty Res" •Charge(s)and/or Citation No. — Flag Custody Arrest:Jail Booking No1 Jed tus ._ 2 SSA Alas NamesAdenn rers/dothing INV. 0 Yieam ❑Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered.owner ❑OwNer TYPE 0 Business ❑Religious 0 Unknown Offender Invoiement Only ❑Suspect 0 Driver 0 Passing Person CODES 0 Financial Institution 0 SodPublic 0 Police Ofc. No. Stmt. . 0 Yes Name(last,first,middle) Ail Sex I DOB/Age Range taken? ❑No , Street Address City l State Zip Home Phone Place o Employment Work Phone OLN State SOC TID SI FBI Height Weight L., Eyes Ethnrcrty Res Charge(s)and%or Citation No. Flag J Custody t lad Boolong No Jail tus 2 LSg Alias Names/Mangers/Clothing , VEHICLE INFORMATION 0 Suspect Vehicle Lrc.No. Lc.State Vett.Yr. Vehicle Make Veh.Model 'VehTypd Color VN - f •Vehicle • t - 'gui ' Investigayg Officer Badge No. Supentsor / .Rev 11/92 t i • ' I CASE NUMBER: 94-00449 DATE: 01-14-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU DANCE CLUB INVESTIGATION;.- VIDEO DOCUMENTATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 01-14-93 at approx. 1915 hrs., I began video documentation of the activities which were being conducted inside the Deja Vu Dance Club located at 15011 Pacific Highway South'. I was assisted by King County Police Detective Malcom Chang. Chang is currently assigned to King County's Criminal Investigations Section (CIS) . Det. Chang is familiar with the operation of both audio and visual surveillance equipment and techniques. I solicited his help in taking video footage of the inside of the Deja Vu Club. Det. Chang was outfitted with a small video camera which would be utilized to video tape any violations which would be occurring during our time in the club. It was predetermined that we would spend approx. one hour inside the club taking video tape. The tape would include violations which would occur while dancer/employees were performing for me, while they were performing for other patrons, and video tape of managers and waitresses who are aware of the style of dances which are being given to the patrons. The dances in question are those in which the dancers expose breast and/or pubic region, and those who are touching the patron for the purpose of exciting and/or arousing the patrons sexual desires. On 01-14-94, Det. Chang and I were in the club from approx. 1915 hrs. to 2015 hrs. While in the club, I received dances from "Crystal", "Kelsie", "Reo", "Montana", and "Rayne" . I would be able' to identify all these dancers by stage name and application photograph once I returned to my office at the completion of this portion of •the investigation. All the above dancers, except "IRayna", would be captured on video tape. These dancers I had personal contact with. All of them violated the Tukwila Municipal Codes! for exposing and touching the patron. The video tape shows the type of dances which were received by these dancers. The video also shows the presence of waitresses and managers which were working at the time and who were observing the violations which were occurring. At no time did any of the waitresses or managers make any attempt to intervene and . I 1 1q5 I discipline the dancers for their clear violations. Det. Chang and I were seated in the north section of the club. This is the darkest section of the club and is notorious for violations occurring on the couches. The north wall consists of a row of couches which wrap around on the northeast and northwest corners. Det. Chang and I sat at a small table in front of the ' couches. The table had three chairs around it, however we were the only two seated at this table. From our table, I could clearly view the main stage, the couches on the north side of the club, the couches in front of the VIP lounge, the' walkway from the bar to the dressing room, and the group of tables in this portion of the club. I had looked around the club and noticed only a few patrons. There was one sailor, in uniform, seated in the far northeast, corner on a couch. This sailor would remain for the hour that I was in the club. I observed approx. three patrons at the front of the main stage. I observed two patrons at separate tables that were seated to the right of my table and two black males seated on a couch next to the VIP lounge. There was one other white male seated on a couch on the north wall near the dressing room. In the hour that I was there, only a hand full of other patrons entered the club. At the time I left the club, the rest of the couches on the north side were occupied by patrons. The video begins with a white male on the couch directly to my left. He is receiving a dance from "Kelsie", Dufour, Kelly Ann DOB 030470. I would later receive a Texas Tease style couch dance from her, and be able to identify her. Dufour allows the patron to touch and caress her legs as she dances. She then uses both of her hands to rub and massage his groin area. The sailor is observed to the left of the monitor screen. Dufour straddle s the patron, facing away from him and supporting herself on the table in front of the couch. The patron .is allowed to touch and rub her thighs and buttocks. She then gives him a kiss on his left cheek. Dufour repositions herself so that she now faces the patron and straddles his crotch and groin. Dufour allows the patron to caress her thighs and buttocks. Dufour leans in closer to the patrons face and appears to rub her breasts and press them to the patrons face. Dufour lowers herself and begins to grind her breasts on the patrons crotch. A waitress is observed walking by the couch. Dufour turns around, places her buttocks on the patrons crotch and begins to grind her buttocks in a sexual fashion. The song soon ends. The monitor shows the sailor, who is seated on a corner couch, receiving a dance from "Maria", Kimble, Martha A. DOB 120563 . After the dance, Kimble sits and talks with the sailor. The current dancer on stage is Dufour. A new dancer appears on stage at the completion of Dufour's performance. This dancer is "Armani", Meyers, Lani R. DOB 041170. 2 19'(0 Meyers comes down off the stage and contacts the white males seated at the front of the main stage. Meyers allows the patrons to place money in both the front of her bra and the front of her panty. Meyers is then observed leaning over the table and pressing her breasts to the face of one of the patrons. Toward 'the right of the monitor, a manager is observed walking down the aisleway. Two. waitresses are observed in the background. Meyers returns to the main stage to complete her dance and the two patrons are joined by two other dancers who sit with them. At this point I receive a couch dance from "Crystal", Blackmon, Quitonna S. DOB 050972. The sailor is observed getting up and going to the restroom. He later returns to his same couch. There is another dancer on stage who I am unable to identify. Det. Chang adjusts to observe a table dance which is occurring to the right of our table. This dancer is identified as "Montana", Anselmo, Taylor A. DOB 072562 . Anselmo proceeds to press her breasts against the face of the patron. A manager is observed walking by, directly behind the table. The manager then walks back toward the south of the club. A waitress is also visible walking by our table. Anselmo straddles the patrons crotch and lap and begins to grind up and down while on the patrons lap. Another unidentified dancer is on stage. Anselmo is observed escorting the patron from his table. They move to the couch directly behind me and Det. Chang. Anselmo is observed sitting on the patrons crotch. Anselmo rubs her buttocks up and down against the patrons! crotch and groin, grinding in a sexual manner. A waitress is observed walking by the couch. The waitress walks by a second time as Anselmo continues to grind and rub her buttocks against the patrons crotch. The patron pays for the dance. The next song is a Texas Tease. This is a complimentary dance by the club. The dancer performs but receives no payment in exchange for the dance. I receive a Texas Tease from Dufour. The sailor who is seated to the left of the monitor, receives a dance from Kimble. Kimble allows the sailor to rub and caress her thigh. both Kimble and the sailor embrace and she remains on his lap even after the song is over. The next song begins and the sailor keeps Kimble for the next dance. Kimble rubs her breasts to the face of the sailor. She allows the sailor to continue to caress her legs. Kimble leans back and begins to grind on the sailor's crotch. Grinding her crotch against his groin. Kimble stands up on the ; couch, facing the sailor. The sailor is observed rubbing his hands along her legs and appears to rub her crotch against his face. Kimble turns around and faces away from the sailor. The sailor grabs her thighs and pulls her buttocks to his face. Kimble lowers herself;and lays across the table directly in front of the couch. She rubs and grinds her crotch against the sailor's crotch as the sailor caresses her buttocks. Kimble starts moving her hips up and down simulating a 3 Ia'? • sexual act. Kimble continues to allow the sailor to touch and caress her legs and buttocks. Kimble turns around and places her right leg over the shoulder of the sailor. Kimble replaces her leg and then straddles the sailor's lap. Kimble leans back and begins to pump and grind her_ crotch against the sailor's crotch. A waitress leans into the frame as she delivers drinks to my table. The video then shows Kimble spreading her legs and using her hand to play with herself in a masturbatory fashion. Kimble continues to grind on the sailor's crotch and the two are observed embracing as the song ends. The next song "on the video, I receive a couch dance form "Reo", Donley, Jennifer K. DOB 061370. An unknown white female is observed on the main stage after my dance from Donley. Another dancer is seen going on the main stage after the previous performance. This is a black female adult known as "Indigo" . Her entire performance is on the tape. I receive another couch dance, this dancer is "Montana", who was identified as Anselmo. Towards the end of the couch dance, a waitress appears in front of the couch. This waitress walks over to the table which is to the immediate right of the couch I am seated at. Anselmo is grinding on my crotch as the waitress is in view. A second waitress arrives and talks with the first waitress. Anselmo is now smothering me with her breasts, in front of the two waitresses. The waitresses are then seen walking away. The song ends and I pay Anselmo for the dance. An unknown white female is observed performing on the main stage. The camera moves around the room and then is repositioned, showing the unlit main stage. At this time a Texas Tease has been announced to the club. I receive a dance from "Rayna", Croteau, Lea A. DOB 051572. This dance would not be captured on the video. Det. Chang gets up from the table and walks around the club getting overviews of the club layout. Kimble is observed performing on the main stage. The bar area is observed along with the bathroom and then the VIP lounge area. Det. Chang then returns to the table. Prior to leaving the club, the main stage performance of Donley is video taped. Once her performance is complete, Det. Chang and I leave the club. The original copy of this tape has been placed into evidence. No further information at this time. Det. M. T. Hayden Approval: McOmber 4 /Q� C Canenuanon Indent Number T cv-7A P.D. Statement King County Police r� ! .® bA '9 e 6 4imi 0 ! ONicersWitness Statement Continuation/Statement/O.R, 01-14-94 '2120 Officers Report r Name(Last.First.Middle) • Residence Phone Business Phone Residence Address City State 1p -patron Race x B 1 To Via Subject CASE FILE I DIRECT I I am a Detective with the King County Department of Public Safety currently assigned to the Criminal Information Section. Some of my responsibilities ! are to assist in the operation and maintenance of the audio intercept and ! video recording equipment assigned to this unit . 1 I 1 On 01-12-94, I ,was contacted by Det. Mark Hayden of the Tukwila Police ! Department' s Special Operations unit who requested my assistance in video ! recording the interior of DeJa Vu (Topless Club) located at 15011 Pacific Hwy. So. in the City of Tukwila in an attempt to record violations of the ; Tukwila Municipal Code (standards of conduct for entertainers/dance ! violations . ) He said that he would like me to accompany him to this location ! on 01-14-94 at about 1900 hrs. He further stated that he wanted me to video ! record him as he received dances from the female entertainers at this business as well as any other dance violations I may see along with a general ! over view of the interior of this club. I • On 01-14-94 at approx. 1715 hrs. , I prepared the equipment to be used 1- placing a new Maxell GX-MP 120 8mm video tape in al Sony GV-U5 8mm vide, cassette recorder and attaching to it a Chinon videoicamera. At 1835 hrs . , I met with Det . Hayen in his office lat the Tukwila Police Department . I At approx. 1906 hrs . , I activated the Sony video recorder. At about 1915 hrs . , we arrived at DeJa Vu and walked into this establishment and took a seat at one of the tables in the north/east portion of the club which faced the stage. 1 During this period of time, I observed numerous dancers to be approaching the male patrons who were seated in the near vicinity of me and asking them if they would like a dance. Throughout this .time, I saw many of the dancers providing private dances for the patrons who were seated at the couches and upon completion of these dances, the patrons were seen giving money to them. From my vantage point, I could see many of the dancers while dancing for these patrons to be exposing their bare breasts and pubic areas while rubbing their bodies against each patron. In some instancels, some of the dancers were rubbing the crotches of patrons in an up and !down motion with their hands, buttocks, and vaginal areas masturbating their clients from the out side of their trousers . During this time, I pointed the hidden video recording device at some of the violations I could see throughout the club as well as towards ! et tiv Hayden as he received approx. 5 dances. /! Unit No. Supervisor reviewing i Date ICopes to Ma o m Chang #0779 #291 KCP (0-102C) MI p,,,,, n,,,r'1 I 1 :.. PAGE TWO 94-00449/SPECIAL INVESTIGATIONS JANUARY 14, 1994 rIc about 2020 hrs . , we exited this business and returned to my office . Det . Hayden and I discussed the dancers that danced for him and identified the following dancers who performed for him: 1) Quintana Blackman Sheena (possible stage name) (Black female) 2) Unknown white female 3) _ Rio Hispanic/White female 4) Montana White female 5) Unknown white female At 2115 hrs . , I removed the video tape from the Sony video recorder and made two original working copies of this tape by placing them on two 3M T-120 VHS video cassette tapes and provided them to Det. Hayden. At 2230 hrs . , I gave the original video tape, (Maxell GX-MP 120 8mm video tape) to Det. Hayden so that he could submit it into his evidence system with his department. EQUIPMENT USED: Sony GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GX-MP120 8 mm video tape 3M T-120 VHS video cassette tapes \ 200 Det . Malcolm Chang 07796 #291 TUKWILA POLICE DEPARTMENT Page / of / PROPERTY / EVIDENCE FORM CASE NO. • INVOLVEMENT CODES (maximum 3 per item) K ! . EVIDENCE NO. r cvidence I-To be destroyed L-Lost A-Analyze for - ound,unknown owner S-Stolen D-Damaged controlled substance z( /O X-Safekeeping,known owner R-Recovered 0-Other P-Process for prints ITEM NO. nv.Code(s Quantitl ern Name rand Model/Style iber Value ner to stock?1 a--- / ✓/ - ..r:..=-- /yf—,t c.4--- G-/i.,. - _ i tee. L7 Yes 1O Color Serial Number DescTPtion /ze,�.-„n.. —...=.%•.m',=-- ,...•�- — -. - -..."J. v� Evidence Type .,ii-1.` TT� v.ncam". IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity . Measure Evidence Storage Location(ET use anyj L / r r //4‘-/ � —. — I ITEM NO. I I 1 Inv.Code(s Quantity Item Name Brand ModelStyle Caliber• Value Owner Rtn to stock? ❑Yes ❑No Color Serial Number Description Evidence Type • IBR INFO Property Type Offense Code Loss Type Dale Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use mry) ITEM NO. I I Inv.Code(s Quantiq Item Name Brand ModeUStyle Caliber " Value Owner Rtn to stock?' Yes r Color Serial Number Desorption I Evideno. IBR INFO Property Type Offense Code Lass Type Dale Reported Stolen Dale Recovered Drug Type Quantity Measure Evidence Storage Location(ET use anry ITEM NO. I I Inv.Code(s Quantity Item Name Brand ModelStyle Caliber Value Owner • Rtn to stock? O Yes O No Color Serial Number DescrPton Evidence Type IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Dale Recovered Drug Type Quantity Measure Evidence Storage Location(ET use onryl ITEM NO. I I I Inv.Code(s'Quantity Item Name Brand Model/Style Caliber Value Owner Rtn to stock? 0 Yes 0 No Color Serial Number Description Evidence Type • IBR INFO • I rty T Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use- ' • J • Total Loss: $ Total Recovery: $ 201 Submitted by: Badge i Date Time Evidence received by.. (ET use only) Dale Time /�'i�=� 7•-7"..---. ---7S . ...-h-,/ 1c r ' I .Rev.04/93 . • • CASE NUMBER: 94-00449 DATE: 01-27-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU DANCE CLUB INVESTIGATION - VIDEO DOCUMENTATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 01-27-94 at approx. 2135 hrs., I completed a second video documenting the activities which were being conducted inside the Deja Vu Dance Club located at 15011 Pacific Highway South. I was assisted by King County Police Detective Malcom Chang. Chang is currently assigned to King County's Criminal Investigations Section (CIS) . Det. Chang is familiar with the operation of both audio ' and visual surveillance equipment and techniques. I solicited his help in taking video footage of the inside of the Deja Vu Club. Det. Chang was outfitted with a small video camera which would be utilized to video tape any violations which would be occurring during our time in the club. It was predetermined that we would spend approx. one hour inside the club taking video tape. The tape would include violations which would occur while dancer/employees were performing for me, while they were performing for other patrons, and video tape of managers and waitresses who are aware of the style of dances which are being given to the patrons. The dances in question are those in which the dancers expose breast and/or pubic region, and those who are touching the patron for the purpose of exciting and/or arousing the patrons sexual desires. On 01-14-94, Det. Chang and I were in the club from approx. 1915 hrs. to 2015 hrs. While in the club, I received dances from "Tenessa" and "Robin" . I would be able to identify both these dancers by stage name and application photograph once I returned to my office at the completion of this portion of the investigation. Neither of these dancers would be captured on video tape. These dancers I had personal contact with. both of them violated the Tukwila Municipal Codes for exposing and touching the patron. Det. Chang and I were seated in the south section of the club. The south wall consists of a row of couches. Det. Chang and I sat at a small table in front of the couches. The table had three chairs around it, however we were the only two seated at this 1 202- table. From our table, I could clearly view the main stage, the - couches on the south side of the club, the couches in front of the VIP lounge, the walkway from the bar to the dressing room, the entry way to the club, the bar area, and the group of tables in this portion of the club. I had looked around the club and noticed only a few patrons. There were five patron sitting at two table directly to the left of our table. There were approx. eight other patron, at various table on the north side of the club. Several dancer were seated on the couches in front of the VIP area. It is to be noted .that only a few patrons received dances from the dancers during this hour Det. Chang and I were in the club. This video begins and shows the entry to the ;club. The doorman and south club area is visible on this portion of the video. Patrons are visible, seated a various tables and the bar area and entryway are visible. Waitresses are visible in the background. The VIP area is also visible. The rest of this video only shows a small portion of the activity inside of the club. Det. Chang was positioned poorly and the camera was at an angle facing down. It is also to be noted that only a few of the patrons spent money on dances.; The end of the video shows the south portion of the club and the bar area. The original copy of this tape has been placed into evidence. No further information at this time. • • Det. M. T. Hayden Approval: XcOmber 2 205 • • 0 Continuation I Incident Number ThicwILA p.D. 0 Statement King County Police ,C�� 2. 4 0 0 4114 g I- OfficersfKtnessStalement i Continuation/Statement/O.R. !D01-27-94 1T' 2355 • Officers Report Name(Last.First.Middle) !Residence Phone !Business Phone residence Address . City State Zip 'Occupation Race Sex DOB • 1To . 'Via 'Subject CASE FILE DIRECT I am a Detective with the King County Department of Public Safety currently assigned to the Criminal Information Section. Some of my responsibilities are to assist in the operation and maintenance of the audio intercept and video recording equipment assigned to this unit . On 01-24-94, I , was contacted by Det . Mark Hayden of the Tukwila Police ' Department' s Special Operations unit who requested my assistance in video recording the interior of DeJa Vu (Topless Club) located at 15011. Pacific Hwy. So. in the City of Tukwila in an attempt to record violations of the Tukwila Municipal Code (standards of conduct for entertainers/dance violations . ) He said that he would like me to accompany him to this location on 01-27-94 at about 2130. hrs. He further stated that he wanted me to video record him as he received' dances from the female' entertainers at this business as well as any other dance violations I may see along with a general over view of the interior of this club paying particular attention to the front entrance and bar area where the managers would be. in 01-27-94 at approx. 2030 hrs., I prepared the equipment to be used by placing a new Maxell GX-MP 120 8mm video tape in a Sony GV-U5 8mm video cassette recorder and attaching to it a Chinon video camera. At 2115 hrs. , I met with Det. Hayden in his office at the Tukwila Police Department . At approx. 2130 hrs . , I activated the Sony video recorder. At about 2135 hrs. , we arrived at DeJa Vu and walked into this establishment and took a seat at one of the tables in the south portion of the club which faced the stage. Duringthis period of time, I observed numerous dancers to be approaching the male patrons who were seated in the near vicinity of me as well as on the north side of the club and asking them if they would like a dance . Throughout this time, I saw a few of the dancers providing private dances' for the patrons who were seated at the couches and, upon completion of these dances, the patrons were seen giving money to them. For the amount of customers in this club, there did not appear to be that many receiving any dances from the entertainers . From my vantage point, I could see some of the dancers rubbing, their bodies against each patron. • During this time, I attempted to point the hidden video recording device at :ome of the dancers throughout the club as well as towards the front entrance-way of the club. 2041 ISSi4§Ltokilka-tUnit No. Supervisor rewrewi Date Copies to Ma colm Chang #0 96 #291 I I KCP (C-102C) 1N1 Paae I l of FT • PAGE TWO • 94-00449/SPECIAL INVESTIGATIONS JANUARY 27, 1994 At about 2250 hrs . , we exited this business and returned to my office . Det . Hayden and I discussed the dancers that danced for him and identified the following dancers who performed for him: 1) Tenessa White female (no video was taken of this dance as Det . Hayden was led to the couches to the north side of the club. 2) Robin Black female (no video was taken of this dance as it could not be done covertly from my location to Det. Hayden) NOTE: I did see this dancer expose her bare breasts to Det. Hayden and rub it in his face. She was also seen rubbing her vagina and buttocks against the crotch of Det . Hayden. At 2345 hrs . , I removed the video tape from the Sony video recorder and made two original working copies of this tape by placing them on two 3M T-120 VHS video cassette tapes and provided them to Det. Hayden. At 0100 hrs . , I gave the original video tape, (Maxell GX-MP 120 8mm video gape) to Det. Hayden so that he could submit it into his evidence system with! his department. EQUIPMENT USED: Sony GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GX-MP120 8 mm video tape I 3M T-120 VHS video cassette tapes • 266 Det. Malcol Chang #07796 #291 I I , I - TUKWILA POLICE DEPARTMENT Page / of / PROPERTY / EVIDENCE FORM CASE No. I. INVOLVEMENT CODES (maximum 3 per item) EVIDENCE NO. ridence I-To be destroyed L-Lost A-Analyze for Jund,unknown owner S-Stolen D-Damaged controlled substance - -?/0 1 X-Safekeeping,known owner R-Recovered 0-Other P-Process for prints . ITEM NO. 1 1 Inv.Code(s'Ouantity Item Name Brand Model/Style ' Caliber Value Owner n tosto- ✓r7r,e'_ /'.mot -c 4-4—__ . !_,11.C1 _ — ,=7::,.f) O Yes Dk/ Color Serial Number Desorption....- -..l /Ave oA-- /-E--c/ A, ��,c, Evidence Typ IBR INFO " Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use one ,27 0`.- L .3 -- of z75:,-/, - - , - ITEM NO. I I Inv.Code(s Quantity Item Name Brand - ModeVStyle Caliber Value Owner Rtn to stock? S �T�—✓✓• 7-7›.n 0 Yes tdc Color Serial Number Desorption P�11- ,e,,--c. _, ., , •,,-z ,'/ Evidence Type — — g� IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered y Drug Type Quantity Measure -Evidence Storage Location(ET use an ,Z c-44� o S oiz7S ITEM NO. 1_ I_ cde(s Quantity Item Name Brand Model/Style Caliber Value Owner Rtn to stock? DYes ❑No molar Serial Number Desorption Evidence Type IBR INFO Property Type• Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use only, ITEM NO. I I ' Inv.Codes Quantity Item Name Brand Model/Style Caliber Value Owner Rtn to stock? ❑Yes O No Color Serial Number Desorption Evidence Type IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage.Location(ET use onh1 ITEM NO. I I Inv.Codes Quantity Item Name Brand Mede/Style Gelber Value Owner Rtn to stock? O Yes O No Color Serial Number . Desorption Evidence Type INFO • ,T Offense Code Loss Type Dale Reported Stolen Date Recovered Drug Type.. Quantity Measure Evidence Storage Location(ET use only); r Total Loss: $ Total Recovery: $ 91)67 ( Submitted y: Badge: Date— Time Evidence received by. (ET use only) Date . Time I %.--/mac,.— /f—1 ;— ---)S--L////Z4/eS7-. I CASE NUMBER: 94-00449 DATE: 02-11-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU DANCE CLUB INVESTIGATION - VIDEO DOCUMENTATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 02-11-94 at approx. 2255 hrs., I completed a third video documenting the activities which were being conducted inside the Deja Vu Dance Club located at 15011 Pacific Highway South. I was assisted by King County Police Detective Malcom Chang. Chang is currently assigned to King County's Criminal Investigations Section (CIS) . Det. Chang is familiar with the operation of both audio and visual surveillance equipment and techniques. I solicited his help in taking video footage of the inside of the Deja Vu Club. On 02-11-94, Det. Chang and I were in the club from approx. 2255 hrs. to 0013 hrs. While in the club, I received a table dance from "Leiloni", Douglas, Lelania. I would be able to identify her later by her stage name and application photograph once I returned to my office at the completion of this portion of the investigation. "Leiloni's" dance would be captured on video tape. "Leiloni4 did not violate the Standards of Conduct while performing for me! Det. Chang and I were seated in the south section of the club. The south wall consists of a row of couches. Det. Chang and I sat at a small table in front of the couches. The' table had three chairs around it, • however we were the only two seated at this table. From our table, I could clearly view the main stage, the couches on the south side of the club, the couches in front of the VIP lounge, the walkway from the bar to the dressing room, the entry way to the club, the bar area, and the group. of tables in this portion of the club. I had looked around the club and noticed ' that there were numerous patrons at the club. The table .directly to my left was vacant for most of the night. Most of the other tables in the club were occupied by patrons. Det. Chang and I were sitting next to the fire exit, with one table in front of us as we faced the main stage. 1 i H. I ' This video begins and shows the entry to the club. The doorman and south club area is visible on this portion of the video. Patrons are visible, seated at various tables and the bar area and entryway are visible. Waitresses are visible in the background. The VIP area is also visible. There is a heavy set white female dancer performing on the main stage. While at the club, I was able to identify the following dancers: Tenessa, Rayna, Valkrie, Kelsie, Robin, Leiloni, Saphire, Charade, Ronnie, Karana, Cheresse, and .Candice. These dancers were recognizable to me from previous contacts and investigations. The south couches of the club are visible in the beginning. There is a dancer seated to the far left of one of the middle couches. She is barely visible in the shadows. In the background, the bar area is visible. There is a male patron seen receiving a couch dance from a female employee/dancer. During this couch dance a waitress is observed walking by the couch. The camera moves to the main stage where a white female dancer is performing. For the first song, the dancer moves around to all the patrons seated in the front row. She climbs up on the tables and allows the patrons to place dollar bills in the front of her panty. It is not visible on the video, however, the dancer pulls her panty to the side exposing her vagina as the patrons place money in their mouth and then in her panty. The dancer allows this from all the patrons. This is all occurring with the main stage well lit and in plain view for the D.J. and management.. The dancer returns to the stage for the second song and to remove all her clothing. The camera shows a patron receiving a table dance. The first dancer is leaving the stage and the next dancer on the stage is "Valkrie", Brink, Shara. "Valkrie" climbs on the front row of tables and places her legs over the shoulders of the patrons seated in the front row. She exposes her breasts and vagina as the patrons are allowed to place money in their mouths and tip her as they did with the previous dancer. The main stage is still well lit. For the second song, "Valkrie" returns to the main stage to perform. The camera shows a single dancer seated on one of the couches on the south side of the club. This dancer is "Candice", Fitzgerald, Alli. "Candice" had approached my table and I believed to observe injection marks on the inside of her arm. It appeared that "Candice" was under the influence of some sort of narcotic drug. When she asked if I wanted a dance from her, I did not smell any odor of an intoxicant. "Candice" appeared to remain on the couch because she was unable to perform. 2 2Oc' The camera shows a black female dancer performing a couch dance for a patron on the last couch on the south .wall . Det. Chang and I were able to identify this dancer as "Cheresse", Sebastian, Sandra. She is observed grinding and pumping her crotch against the patron. During this dance for the patron, I observed a bouncer or manager watching from the bar area. He was a large white male, dressed all in black. The video shows a third dancer making her way around the front row of patrons, at the main stage. She places her legs over the shoulders of the patrons and the same sort of "tipping" occurs as with the other dancers. She exposes her breasts land vagina as the patrons tip her. The D.J. announces that one of the white males in the front row is a bachelor. The large white male, dressed all in black, places a chair in the center of the main stage. All the dancers line up on the north side of the stage. The dancers make their way up to the bachelor on the stage and are seen rubbing breasts and embracing the white male on the well lit main stage. The white male employee would remove the chair. The video now shows a patron receiving a table dance. The dancer grinds her buttocks, against the patrons groin. "Valkrie" aka Brink, is shown giving a patron a couch dance on the south wall. She is seen straddling and grinding on the patron. She is also observed laying her body on the patron. I am seen in the foreground, receiving a (table dance from "Leiloni" . In the background, there is a patron !receiving a table dance. The patron in the background is seen ! with the dancer grinding on him as she .performs. A waitress is seen walking by. Another couch dance is observed on the south wall. The dancer places her breasts to the patron's face and she straddles his crotch and groin. They are observed embracing. The patron is observed squeezing the dancer's buttocks. Both the patron and the dancer leave the couch. The dancer on the couch was "Charade", Hart, Laura. The video shows two table dances occurring at the same time, at different tables. The dancers are pressing their breasts to the patrons faces. They are observed grinding their buttocks to the patrons groins. The dancer is observed laying on the patron and grinding her crotch to the patron's crotch. The wide shot shows the same occurring at the table to the /eft. The dancer to the right presses her breasts to the patron's crotch. !Both patrons are receiving the dancer's breasts to their. faces. Violations are clearly visible at both tables. Waitresses are in the background. One .is cleaning up at my table. • Det. Chang goes to the men's room. Det. Chang returns, and a white female dancer is observed sitting with a white male patron. They are seated on a "couch on the south wall . Det. Chang and I move to the VIP Lounge area to receive a , shower dance from "Valkrie", aka Brink. The shower is located in the southwest corner of the VIP Lounge. Brink is observed removing her outfit, as she enters the shower. Brink uses shaving cream from a can of Barbasol to spread over her body as she performs. She is. observed rubbing her fingers along her vagina. Brink performs part of her song on the_floor of the shower. This is not seen on the video due to the positioning of the camera. Brink rinses off at the end of the song and is seen drying herself with a towel. At the end of the shower dance, Det. Chang and I leave the club. I am seen purchasing a club magazine prior to leaving. The end of the video shows the south portion of the club and the bar area. The original copy of this tape has been placed into evidence. No further information at this time. Det. M. T. Hayden Approval: McOmber • • 2/0 Continuation Indent Number Tutuni PD. King County Police - C Statement Di; Ti 9- • C Officers Witness Statement i �� 0 Officers Report Continuation/Statement/O.R. 2-14-94 I 1405 irc O Name(Last.First.Middle) Residence Phone !Business Phone Residence Address City State Zip Occupation Race Sex DOB --- i I To Via �Sublect CASE FILE � DIRECT - • • I am a Detective with the King County Department of Public Safety currently assigned to the Criminal Information Section. Some of my responsibilities are to assist in the operation and maintenance of the audio intercept and video recording equipment assigned to this unit. On 01-27-94, I was contacted by Det . Mark Hayden of the Tukwila Police Department' s Special Operations unit who requested my assistance in video recording the interior of DeJa Vu (Topless Club) located at 15011 Pacific Hwy. So. in the City of Tukwila in an attempt to record violations of the Tukwila Municipal Code (standards of conduct for entertainers/dance violations . ) He said that he would like me to accompany him to this location on 02-11-94 at about 2230 hrs . He further stated that he wanted me to video record any dance violations I may see along with a general over view of the interior of this club. I On 02-11-94 at approx. 2130 hrs . , I prepared the equipment to be used by )lacing a new Maxell GX-MP 120 8mm video tape in a Sojmny GV-U5 8mm vide cassette recorder and attaching to it a Chinon video caiera. I At 2230 hrs . , I met with Det. Hayden in his office atlthe Tukwila Police Department . 1 I At approx. 2255 hrs . , I activated the Sony video recorder. At about 2259 hrs . , we arrived at DeJa Vu and walked into this establishment and took a seat at one of the tables in the south portion of the club which faced the ! stage. . During this period of time, .I observed numerous dancers to be approaching the male patrons who were seated in the near vicinity of me as well as on the north side of the club and asking them if they would like a dance . Throughout this time, I saw a several of the. dancers providing private dances for the patrons who were seated at the couches and upon '',completion of these dances, the patrons were seen giving money to them. These dancers were seen sitting on the laps of their customers rubbing their genitals and buttocks against customers' crotch area. They were also seen placing their genital and buttocks in the faces of their customers as well as placing their faces in the crotches of the patrons . During this time, I attempted to point the hidden video ',recording device at Some of the dancers throughout the club as well as towards Det. Hayden whr received a table dance from a female who identified herself as "Leilani" . . I also recorded a dancer who identified herself as "Valkrie" as she performe�. I a "shower dance" in the "V.I .P." portion of the club which would be in the Unit No. Supervisor reaewmp Date Copses to o m a - 96 . 291 Kcr (C-102C) U 91 �� FT 'Rana 1 1 Iof I J • PAGE TWO 94-00449/SPECIAL INVESTIGATIONS yEBRUARY 14, 1994 ( ' +northwest area of this business. During this dance, the dancer was seen wetting herself down and then apply shaving creme on her body and rubbing it onto her breasts, stomach, vaginal and buttocks areas . At various times throughout her dance, she would expose her vagina and anus to us and rub the the shaving creme around the outer area of her vagina. This dance was done on a lighted stage that had a built in shower on it. At about 0013 hrs. , we exited this business and returned to Det. Hayden' s office. I secured from this location at 0045 hrs . keeping all equipment in my possession. , On 02-14-94 at, 0930 hrs. , I removed the video tape from the Sony video recorder and made two original working copies of this tape by placing them on two 3M T-120 VHS video cassette tapes . At 1530 hrs . , I. gave the original video tape, (Maxell GX-MP 120 8mm video tape) as well as the original working copies to Det. Hayden. EQUIPMENT USED: n_y GV-U5 8mm video cassette recorder; ser. # 1035232 Chinon video camera Maxell GX-MP120 8 mm video tape 3M. T-120 VHS video cassette tapes • D Malcol hang #07796 #291 i 'TUKWILA POLICE DEPARTMENT Page / of / PROPERTY / EVIDENCE FORM CASE NO. �4/—is �9 INVOLVEMENT CODES (maximum 3 per item) i EVIDENCE NO. • vidence I-To be destroyed L-Lost A-Analyze for ound.unknown owner S-Stolen D-Damaged controlled substance ZZ Sp X-Safekeeping.known owner R-Recovered • O-Other P-Process for print's rnai inv.Code(s'Ouan ity Item Name Brand ModelStyle Calber Value Owner Rtn to r� " 2:,5 ,.. 'I-Gr G --,-/# — — 17-1=?C:$ O Yes'54 Color Serial Number Desorption / Ze,...-o..,ti. %..,�4-'2, 7,--- o'�' ,cr/� v,oe-..)Q /.0".....r Evidence Type 'STlS- oc,..r22i�G o-..-i of i,/‘4,F /J.00'dc-4: ..---J-7." -. ,cZ4c9 IBR INFO Measure' Evidence.St a Location(ETuse Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Drug Type Quantity om9 �Y) T7 L ITt7rt NO. I I • Model/Style Calber Value Owner Rtn to stock? Inv.Code(s Quantity Item Name Brand •ElYes ❑No Color Serial Number DesPtion Evidence Type I IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use any) L I NO. I I 'InvCode(s odes Quantity Item Name Brand ModelSiyle Calber Value " Owner Rtn to stock? ❑Yes C 1 Color Serial Number Desorption Evidence 1 well IBR INFO Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(ET use any) ITEM NO. I I Inv.Code(s Quantity` Item Name Brand Mode/Style ' Calber Value Owner Rtn to stock? ❑Yes ❑No Color Serial Number Descr tion I Evidence Type I IBR INFO I Property Type Offense Code Loss Type Date Reported Stolen Date Recovered Drug Type Quantity Measure Evidence Storage Location(Uwe only) ik _ mai Inv.Codes Quantity Item Name Brand ModYlo Calber Value Owner Ain to stock? Cl Yes O No Color Serial Number Desorption I Evidence Type I INFO ty Typel Offense Code Loss Type Dale Reported Stolen Date Recovered Lkug Type Quantity Measure Evidence Storage Location(ET use r Il 1 1 Total Loss: $ Total Recovery: $ 2/3 -- Submitted by: Badge 8 Date Time Evidence received by: (ET use only) Date Time Z�i�. ,., 7. - _ 10-/Z _ - _/ 1 CAS • NUMBER 4..7L-- te3� Tukwila Police Department • 1 Oggrtempt . INCIDENT REPORT FORM - t> mple• • to 'epo ime.. •`'ense ••e 2 2 D Attempt v7 / , -k' • ❑Comple: .aeon / Offense Code 3 3 0 Attempt /•To// A�ci.=/c_, -A -t. O Compiler District of Occurrence RD e•- urn Occurred Date- / Occurred Tune Dspo A-Z) Status ece�ec . - °Yes to OLW�/ I /Fs , A GENERAL IBR INFORMATION(reeked on all criminal incidents) • Location Type Offense Related to: CLEARANCE TYPE: D AA-Arrest Adult Btas Motivation? Domestic Violence? 0 Abohol D puter ❑N-Not Applicable OM-Arrest Juv O (specify code): Rot Child Abuse? ❑ �/�+ , ❑Drugs t Appfiable ❑Exceptional lh�e1 ' (88) {4 V Criminal Activity Weapons Used? . Caliber. Length: ❑ (specify cede): auge: THESE REiRS♦ R Units Entered Entry Method TodsUsed Pram.Sear NARRAT�(90) Grios/Frrtah: FOR REPORTS ONLY ��_ /.,/.4 /.pe ✓�o`/7'47n Ilion tic /3- / E..erc:"17".-G ,32cT7-s, N// oc-t--Sr /. n..r GE4..../- e__N- €-.-3.44- - .oF4.Ftiec./+-1,16 02 J,,...CLar/,./F"S • SOLVABLITY D 01 Suspect arrested ❑04 Suspect can be D'd D 07 Witness b crime ❑10 Significant MO present FACTORS: O 02 Suspect named • ❑O6 Suspect described D 08 Crime scene processed D 11 Useful physical evidence ❑03 Suspect'an be located D 06 Suspect veh described ❑09 Sblen property traceable 012 Related/similar incident INV. 0 Victim 0 Complainant -Offender VICTIM 0 Individual •O Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner D OwNer TYPE D Business • D Religious D Unknown Offender Involvement Only • 0 Suspect 0 Driver 0 Kissing Person CODES 0 Financial Institution 0 SociPubiic 0 Police Ofc. No. Stint O Name(last,fast middle) / Sex DOB/Age Range O/ taken? ,>�NO /,� n/ �./ECFi ..eirq �/Ld4i-.., iiA i� I o/a- , • -let Address WY State Lip e Phone Place of Employment / 7ZZ r- /s C— /off ...•K_.-./c.A c,...4 ',:WF-17 5CP 5 cif 4.i.z?-4—./_' ..~"Phone OLN State SOC CID . SID FBI ZciF. /3ZI —Z 7 733 . c • Height Weight -Hairir Eyes Ethnicity Residency Charges)and/or No. , y3 Flag SC gt y nest Jail Booldng No Jail /ZO / • G;6✓ A/ , 1 .efi«+os7/<.G / _ ,2 ,.,,wr i Alias Names/Identifiers/Clothing 9 INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver 0 Kissing Person __CODES 0 Financial Institution D SocPubiic 0 Police Ofc. No. Stmt. ❑Yes Name past first middle) AdI Sex I DOB/Age Range taken? ❑No Street Address City State Zip Home Phone Place o Employment • Work Phone OLN State SOC SID SID FBI Height WeighJ Hair Eyes Ethnicity 1 '2 Charge(s)and/or Citation No. Flag gay t T Jai Booking No Jail AAlias NamesAdeters/Clothing 1 VEHICLE INFORMATION ID Suspect Vehicle Lic.No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh Typt Color Vtr -rim Vehicle Son ovesvg ng Officer Badge No. Supervisor L' Rev 11/91 • CASE NUMBER: DATE: 02-24-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: ENTERTAINER/DANCER VIOLATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 02-24-94 at approx. 1750 hrs., I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of investigating suspected prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I waslcontacted by a male employee who was responsible for taking the cover charge from the patrons. He was a white male, approx. 05-09 and 190 pounds. He was shorter than me and wore a black leather coat over a white shirt. He wore a black tie. This employee came from the office and told me he was sorry I had to wait for him to take the cover charge. He told me it was $5.00 to get into the.lclub. I gave the employee five $1 bills. In return he gave me a small blue ticket in order to get back into the club in case I had to leave and come back. I took the ticket and entered the lounge area of the club. I took a seat at a table located on the north sideiof the club. The table was approx. three tables back from the mainistage. I sat at a table that was located on the corner of the aisle way areas which ran from the front of the VIP lounge area to the dressing. room. I sat on the right side of the table, facing the main stage. There was a white female dancer completing a stage performance during the time I took my seat. The announcer would 'identify the dancer as "Maria", (Schaeffer, Suzanne A. DOB 022571) . I would return to the station and identify her from the application photos. 1 I looked around the club and observed approx. fifteen patrons seated throughout the lounge area. All the patrons were seated at tables and there were no patrons receiving any couch dances. I observed approx. eight dancers throughout the club During the first ten minutes in the club, only two dancers were actively trying to contact customers for dances. I was in the club from approx. 1750 hrs. to .1835 hrs. I was approached by a waitress who ,asked what I would like to drink. I ordered a cup of coffee. The waitress had returned with the coffee and told me that refills were free. I gave her $5.00 for the coffee. I observed only two different waitresses serving the patrons at the club. 215 I was seated at the table and had observed two dancers perform on the main stage when I was approached by "Lanae", who would later be identified as Haddix. Haddix was alight skinned black female. Haddix asked if I would like a couch dance. I told her I would and she escorted me to a couch near the doorway to the dressing room. Haddix had me sit in the center of the couch. The couch was right d faced out toward h thesat downhe lounge area of and observed that there were no other r patrons thee club. I on any of the couches along the north wall . The D.J. announced that the patrons who received couch dances for this next song would receive a free couch dance following the songs completion. The music had not yet started, when Haddix leaned in towards me and asked if I would like a $22.00 or $32.00 couch dance. I asked her what the difference was in the two dances and Haddix stated that the "$32.00 dance is much better" . I told her• I would take the $32.00 dance. . Haddix had black hair that was pulled back, tight, along the top of her head. I could not tell what she used to keep her hair in place. In the back, her hair was bushy and curly, and appeared that it was fairly short if left to hang free. Haddix wore no make-up. Haddix wore thin, gold hoop earrings. They were approx. an inch in diameter. She wore one solid gold necklace with an extremely small gold charm. The gold charm was round and appeared to be soled. The charm was smaller than a dime. Haddix wore white high heeled shoes, which she would remove before dancing for me. Haddix wore a two piece, white lace, satin bra and panty. Both the bra and panty appeared to match in design. The bra had underwire cups and a white lace design covering the cups, however it was not sheer or see-through. The bra clasped in the back and I observed it n front with a lace shoulder straps.nd a thong back,panty had a white sate i noticed that Haddix had noticeable stretch mark scarring on her lower abdomen. Haddix began. her dance by removing her high-heeled shoes and climbing from the floor to my lap. I was seated upright with my legs apart and my hands resting on my thighs. Haddix spread her legs and straddled my lap.. She firmly pressed her crotch against mine, and began to grind against me, in rhythm with the music. Haddix remained, slowly grinding on my crotch, and was sitting upright. She used both her hands to slowly massage her covered breasts. She, would squeeze and. rub her breasts for only a few seconds. She then pulled the cups of her bra down, exposing both her breasts and. nipples. Haddix used her index fingers and thumbs to pinch and tug at her exposed nipples, making them erect. Haddix continued this for approx. 15 seconds and then replaced her bra. Haddix leaned forward and pressed her chest to my face. She moved from side to side, rubbing her breasts against my face. She held my 21(0 face between her breasts as she squeezed her shoulders together, i engulfing my face between her breasts. Haddix leaned to her right and brought her left hand up to her left breast. She used her hand to pull her bra cup to the side and expose her left breast and nipple. She pinched her nipple to make it erect and then pressed her nipple against the lips of my mouth and held it there for a few seconds. She began to squeeze her breast with her hand as if she was trying to feed it ''to me. Haddix continued this for several seconds. Haddix replaced her bra and slowly stood up in front of me. Haddix turned around and lowered her buttocks,1 pressing it against my crotch and groin. She began to rub her buttocks up and down, pressing firmly on my crotch. Haddix leaned back and placed her head on my left shoulder. She used both her hands jto expose her breasts and nipples. Again, she used her index fingers and thumbs to pinch and tug at her nipples, making them erect. She left her breasts exposed and continued to squeeze her breasts under my face. I observed-'a male employee at the end of the aisle way., in front of the VIP area. I saw him look in my direction, smile at a dancer • that was coming out of the dressing room, and then walk away. Haddix would replace her bra and slowly stand up in front of me. - I Haddix faced away from me and bent forward, supporting herself on the table which was directly in front of the couch. She spread her legs apart, enough for her to look at me between them, and slowly moved her left hand behind her. She squeezed her left buttock cheek and then moved her hand to the back of her panty. With her left hand, Haddix pulled her panty to the side and exposed her vagina. She used her middle finger to rub her exposed vagina and then used her index finger and thumb to tug at the outer lips of her vagina. She continued this for a few seconds and then replaced the panty. Haddix stood up and turned around to face me. Haddix climbed back up on the couch and straddled my left thigh. She leaned her upper body across mine and supported herself with her right hand on the cushion of the couch, to my right. Haddix used her left hand to squeeze and rub my penis through my pants. At first, Haddix gently rubbed my penis with the palm of her hand, but I watched as she began to use her fingers to search for and then actually squeeze my penis, gripping it with her hand and massaging it. Haddix did this for approx. ten seconds'. Haddix removed her hand and repositioned herself1so that she straddled my lap. She pressed her, crotch against mine and began to firmly pump up and down, simulating a sexual act. As she did this, she tilted her head back and used her hands to rub her breasts, . She would change her rhythm to simulate sex. Haddix moved closer and pressed her breasts to my face. Again, she exposed'! her nipples and pressed her exposed left nipple to my mouth. Haddix leaned back, keeping her breasts exposed, and vigorously pumped up and down on my crotch. She 'pinched and tugged her exposed nipples, massaged her breasts, and rocked back and forth aslif she was having sex. This lasted for twenty to thirty seconds. Haddix completed her dance in this position. Haddix would sit up and cover her exposed breasts. At the completion of the song, the announcer stated that for the patrons who had received a couch dance for the last song, the next couch dance was free. The music started, and without saying a word to me, Haddix began to dance. Haddix had remained straddling me while the D.J. made his announcement about the free couch dance. When the next .song started, Haddix smiled at me and began to slowly grind her crotch against mine. She placed both her arms over my shoulders and began to ride me like a horse. Pumping up and down as if she was riding me. Haddix leaned in closer, keeping her arms around me, and pressed her chest to my face. She began grinding her whole body against mine, rubbing my face against both her breasts as she rubbed her crotch against mine, all at the same time. Haddix remained in this position for approx. thirty seconds. Haddix slowly sat up and used both her hands to expose both her breasts and nipples. Again, she used her fingers to pinch and squeeze her nipples to make them erect. She massaged her exposed breasts and continued to pump and grind on my crotch. Haddix tucked her bra under her breasts, propping them up and keeping them exposed. She leaned in to my face and moved her exposed nipples back and forth against my face and mouth. Haddix kept her breasts to my face and brought her left hand to her left breasts. She cupped;her breast with her hand and pressed her exposed left nipple to the lips of my mouth. She held her nipple to my lips as she squeezed her breasts. Haddix did this for only a few seconds and then sat up. Her breasts were still exposed and supported by her bra. Haddix leaned back and used her left hand to support herself with the table in front of the couch. She guided her right hand down her stomach to the front of her panty. She used the palm of her hand to rub covered vagina. Haddix pulled her panty to the right, exposing her vagina. Haddix was still straddling my lap, with her legs apart. She used her fingers to spread the outer lips of her vagina. Haddix kept the lips of her vagina open with her index finger and ring finger. She then took her middle finger and rubbed between the lips of her vagina and then began to vigorously rub the upper portion of her parted vagina near the area of the clitoris. It appeared that Haddix was masturbating as she performed during this portion of her dance. Haddix continued to masturbate for approx. 30 seconds. Haddix replaced her panty and embraced me. She pressed her breasts and chest against my face and continued grinding her crotch against mine. Haddix slowly sat up and climbed off my crotch. She stood up in front of me and turned around. She placed her buttocks against my crotch and began rubbing up and down on my crotch. She only did this for a few seconds and then stood up again. Haddix turned • around to face me. She smiled, and rubbed her hands 'down her body to the front of her panty. She brought her hands back up along her body to her breasts and began to slowly massage' and rub her breasts. Haddix moved forward and straddled my left thigh. She draped herself across my body, laying on me. Haddix ran her left hand under her body. I felt her hand against my crotch. Haddix rolled to her right. I felt Haddix begin to grab my penis through my pants. She held my penis and moved her hand up and down, vigorously and firmly, simulating a manual type, masturbatory sex act. She continued this for approx. ten seconds. As Haddix did this, the same male employee I had seen earlier walked up to, the table in front of me. He placed a copy of the Deja Vu magazine on the table and walked away. He made no attempt to stop Haddix from her performance. Haddix slowly moved up to a kneeling position and continued to straddle my left thigh. Haddix was positioned to my left and leaned in to press her chest and breasts against my face. Haddix pressed her shoulders together, squeezing my face between; her breasts. Haddix held my face between her breasts as she move to straddle my crotch and groin. She began to pump her crotch up and down against my crotch, simulating sex, and sat up. She pulled the front of her bra down, exposing both her breasts and nipples. Haddix came forward and moved her chest back and forth, rubbing each breasts against my face. Haddix stopped and held her left breast and nipple to my face, attempting to place her nipple against ,my mouth. The song came to an end and Haddix replaced her bra,, covering her breasts. Haddix immediately climbed off my crotch. She replaced her shoes and stood in front of me. Haddix looked around and then at me. She appeared disinterested. I gave Haddix the $32.00 for the dance and thanked her. She immediately walked away. I waited to see if the male employee would talk to Haddix about her dancing. I watched Haddix walked over to several patrons, presumably inquiring about dances. I returned to my table and continued to watch Haddix. She was never contacted by a manger or the male employee during the rest of the time I was at the club. I would receive two dances from another female employee prior to leaving the club. This dancer would be "Felice" . After my contact with "Felice" . I would leave the club and return to my office. I returned to my office and obtained the 1994 Special Operations Deja Vu license book. I located the stage name of "Lanae" and located the application picture. ! I positively identified Haddix as the dancer "Lanae" that had just danced for me. The 1994 picture matched Haddix as I had observed her. Her hair was worn in a similar fashion and she had similar, if not the same jewelry, in the picture as she had worn when she danced for me. There -is no doubt in this detectives mind that "Lanae" is in fact Haddix. There is also no doubt that the purpose for Haddix touching me and exposing her breasts and nipples to me, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. Det. M. T. Hayden Approval:) McOmber • • z12-/ • ,4-aa7 • CASE NUMBER 41,.SC—C P.S� • Tukwila Police Department Offense Code (Offerse/IncidentLiteral) 1 D Tempt • INCIDENT REPORT FORM /yL Aitds--•rurro.`/ "Gomplete -wed Date Reported lime Offense Code 2 — 2 ❑ m P i ,/ 22...eai' /e-/. -- .F2 i�4,—. 2 ✓ioL----- 7-7o,1./ Tnplete .tan Offense Code 3 3 D Attempt /`sO// /-�4v47 C-, f�•�-/ . 0 Complete Dstna of Occurrence RD -Dsclosure? / Ocamed Date Occurred Time Dispo(A-Z) .Status How Received -rs ZCe03 °Yes �je r 7qJ '?rr�o—?f30 A A "-/ A Q 4 GENERAL IBR INFORMATION(required on all aiminal incidents) Lnratton Type Offense Related to: CLEARANCE TYPE: °AA-Arrest Adult Boa Motivation? Domestic Valence? Child Abuse? '/ 0 Alcohol ❑ mpuler ❑N-Not Applicable °AJ-Arrest Juv ❑ (specify code): ° s z-a. 40 Drugs �bt Applcable °Exceptional(spealy code): (88) jo ❑ Criminal Activity Weapons Used? Caliber. Length: THESE REPS♦ •Units Entered, - 14ethod Tools Prem.Sean. I O (specify0) code): , Gauge: GripolFtnish GONLYY , NARRAT • _REPORTS / 4 "...✓/J-e" ' ,-4tc-; - j L7_OGT �.=- 0.0.rCi-x-i r-' T�-4-•••- `- Ccvk..YJ L i vJ .ee::v--/" ip/ 5 i EC77,-.E /-,/ ✓io---a rEn S-77.- a/JL1.T- c,C.CC+.../z.I c..i E sn.�� ism t.!/-r�in..vG7 /-,Ji�.�1 7ac•�c�J."-* e___ --) w.✓___• /=t+<. — . ,:,,,-4/'r/1. . ,-c+G F�--G/•.- c_c v7,./e-T / -T>rG7'7,-F: SOLVABILITY D 01 Suspect arrested ❑04 Suspect can be IN ❑07 Witness to crime 010 Significant MO present FACTORS: ❑02 Suspect named 0 05 Suspect described ❑08 Grime scene processed ❑11 Useful physical evidence ❑03 Suspect can be located D 06 Suspect veh described ❑09 Stolen properly traceable ❑12 Related/similar incident INV. ❑Victim 0 Complainant ender VICTIM D individual ❑Government D Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner OwNer TYPE ❑Business °Religious °Unknown Offender Involvement Only 0 Suspect 0 Driver • 0 kissing Person CODES D Frnanaal.lnstitution ❑Soc/Public ❑Pone Ofc. No. stint oyes Name(last first middle) Sex DOB/Age Range \,- taken? �.�iu�s i Z�� E�� �/vi7.—; 4/A #� LSI�-7/ r Meet Address r Cny State Zip a Phone Place o Employment �-- s �F L1 -- -/ 1...s4 L si��} �c7- .iJ .._.R Phone OLN State SOC Tb SID FBI '24/P/SG 1 -=7 4-/�iA' t.....,a S-3"7- (-P.-7PZ'3 _ Height Weight Hair Eyes Ethn�Res Charge(s)and/or Citation No. Flag Custody type Jail Booking No, Jail �✓ 9>oY — J status r� /h/ .✓ ../ 2n.•G- -a„c1./n�6 / 4 — —A Alias Names/Identifiers/Clothing `. ✓/G-rG+/Z/// - - G./t',- tit-4tis/c er,a- /LO INV. 0 Victim 0 Complainant 0 Offender VICTIM °Individual D Government °Other jPCN(ProcessContzolNomber) CODES 0 Witness 0 Registered owner D OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver 0 Mssing Person _ CODES 0 Financial Institution 0 SocPublic 0 Police Ofc. No. Stint D Yes Name(last,first middle) . Sex I DOB/Age Range taken? ❑No ' Street Address City j State Zip Home Phone Place o Employment I Work Phone OLN State SOC 1D SID FBI Height WeighJ Hair Eyes Ethnicity es' Charge(s)ardor Citation No. Ftag�Cugty nest Jail Boolcng No. Jed 1 • e,70L9 2 Alias Names benrstaothing VEHICLE INFORMATION I0 Suspect Vehicle Lic•No. Lic.State Veh.Yr. Vehicle Make Veh.Model Veh Type Color VW victim Vehicle - xtion l .tvestga Officer Badge No. Supervisor �4-. / /r-,. — —75-- ' /'yG, ,e 222 Rev 11/92 • CASE NUMBER: DATE: 03-07-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: ENTERTAINER/DANCER VIOLATION IBR CLEARANCE: OPEN"- 3. Adult entertainer dance club, open for business.1l 5. On 03-07-94 at approx. 2030 hrs., I entered thelDeja Vu Club located at 15011 Pacific Hwy. S. for the purpose of investigating suspected prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. As I approached .the main door to the club, from the parking lot, I observed the manager to the club, Scot Lauderbaich, escorting a dancer to her car. Lauderbach had blonde hair that was longer in the back and short on top. Lauderbach wore glasses. He wore a white buttoned shirt with black pants. I continued walking to the main door and observed another male employee standing near' the door. He had short blonde hair and was clean-shaven. He wore a blue buttoned shirt and black pants. He walked through the door. IlHfollowed but was met by another white male who was responsible for taking my cover charge. The male had walked into the lounge areal and stood my the corner of the bar. The male responsible for taking my cover chargelwore a black leather coat and a white button shirt. He wore a black bow tie and black pants. He had short brown hair. He told me the cover was $5.00. I gave him a $5.00 bill. In return he gave me al,small orange ticket. The ticket was in case I had to leave the club and wanted to come back. I took the ticket and entered the`"lounge area of the club. I took a seat at a table located on the south sidelof the club. The tablewas two tables back from the main stage and two tables in from the corner of the bar. I sat on the left side oaf the table, facing the main stage. There was a black female dancerli on stage who would be identified. as "Dana" . I recognized this dancer from previous investigations inside the club. At the completion of the song, the D.J. announced that the dancer leaving the main stage was "Dana" . I looked around the club and observed approx. twelve patrons seated throughout the lounge area. All the patrons were seated at tables except far two white males who were receiving couch dances from dancers, on the north side of the club. There were approx. ten " 1 223 dancers at the club. I was able to identify the following: Dana, Tomi, Felice, Victoria, and Bailey. While in the club, I observed three waitresses. The waitress that served me was a taller white female. She had short, straight, blonde hair to her shoulders.. I had not seen this waitress before. She wore a white knit shirt with short sleeves and a collar. She wore black shorts. The other female waitress I observed, I had seen before. She has long curly brown hair, which she wears pulled back. She wore a white tuxedo type shirt with a black bow tie. She wore black bikini type bottoms with black nylons. The third waitress I observed was shorter than the last, and had straight, blonde hair that extended to her shoulders. She, too, wore a black blazer and a white shirt. I was approached by first waitress that I described. She asked me what I would like to drink. I ordered a soda. This waitress had returned with the soda and also brought free popcorn to my table. She told me that refills on the soda were free. I gave her $5.00 for the soda. She asked what about her tip, I gave her $1.00 as a tip. The waitress thanked me and told me not to tell her manager that she had asked for a tip. I smiled and told her not to worry. I observed the dancer Dana on the main stage. Before she completed her performance, I was approached by "Tomi", who I would later identify. I would receive two couch dances from "Tomi", prior to leaving the club. After my dances with "Tomi", we both had returned to sit at the table. "Tomi" had to go and perform on the main stage. I sat at the table and watched a portion of "Tomi's" first performance. As I was watching the stage show, I was approached by "Victoria" . "Victoria asked if I would like a couch dance. I told her I would. She then escorted me to the couch along the south wall . This couch is the first from the bar area. "Victoria" would be identified as Harris. Harris removed her high heeled shoes and climbed up onto my lap. She spread her legs wide. The next song had already started and with her legs spread, Harris began to grind her crotch against mine. Harris placed her arms around my neck and placed her head to the right of mine. I felt Harris place her tongue into my right ear and then kiss my right earlobe. She whispered in my ear that I smelled really good. Harris sat back and moved her right hand to her left breast. She lifted the cup of her bra and exposed her left breast and nipple. Harris cupped her exposed breast and pressed her exposed nipple to the lips of my mouth. She rubbed her nipple along my lips, trying to get my to suck on it. After approx. 15 seconds, she sat back up and replaced her bra. Harris continued to grind her crotch into mine. She slowly moved her legs between mine, and began to slide down my body, until she was kneeling in front of me, on the floor. On her way down, 2 2921 Harris made it a point to keep her breasts pressed against me. Harris rubbed her breasts against my crotch slightly leaned back. She took her right hand and began to rub and massage my penis through my pants. She did this for only a few seconds and then went back to rubbing her breasts against, my crotch. Harris slowly slid her body back up along mine until she was straddling my crotch and groin. She again started grinding her crotch into mine. She leaned her head to my right ear and started kissing my ear. She remained like this as she began) grinding her crotch harder into mine. She would start breathing harder as she pumped 'her crotch, as if she was having sex with me. Harris sat back up and exposed her left breast and nipple. Harris used her index finger and thumb to tug and pinch her nipple, making it erect. She then cupped her breast and pressed her exposed nipple to my lips. Again she held it there, squeezing her breast, trying to get me to suck on her nipple. After about 10 seconds, Harris replaced her bra. Harris slowly worked her way up my body until she was standing in front of me, on the couch. Harris supported herself with the wall behind me, and began to move her crotch in front of my face. Harris brought her right hand down to the front of her panty. She moved her panty to the side, exposing her vagina. Harris kept her vagina exposed as she moved back and froth in front of my face. It was about 5 inches from me. Harris continued this for approx. 20 seconds and then replaced her panty. Harris slowly moved down my body and positioned herself onto my crotch. She began to vigorously grind her crotch into mine. Harris moved her head to my right ear and again started running her tongue into my ear and kissing me on my earlobe. She remained kissing my ear and grinding on me until the song ended. When the song was over, Harris asked if I wanted 'to continue. She stayed straddling my lap. I told her sure. At theibeginning of this song, Harris moved to my right ear and started where she had left off. She continued to kiss my ear, as her crotchrubbed along my crotch and groin. Harris would increase her pace and her breathing became faster, as if she was simulating a sex act. Harris stayed in this position for over 30 seconds. Harris sat back and exposed her left breast ands! nipple. She rubbed her nipple across my face and then concentrated on the lips of my mouth. She cupped and squeezed her breast as she pressed her nipple to my mouth. Harris sat back up and began to play with her exposed nipple. She used her left index finger and thumb to tug and pull at her nipple, keeping it erect. She then would move her hand and squeeze her entire breast with her hand. Harris continued this for approx. 10 seconds. 3 225 • I Harris moved her. legs between mine and slowly lowered herself to the floor. She pressed her breasts to my crotch. Harris rubbed her breasts against my crotch and groin for approx. 10 seconds. Harris then rested her head on my left thigh. She brought her two hands to my crotch and used both her hands to rub and squeeze my penis through my pants. She did this for another 10 to 15 seconds. I noticed that my waitress had come by and checked my table. She then looked over to thecouch to see where I had gone. The waitress took my glass and then returned with a refill which she placed on my table. Harris slid back up my body, keeping her breasts pressed against me. She moved up until she was standing on the couch in front of me. She pressed her covered vagina to my face and rubbed it across my nose and forehead. She then used her right hand to expose her vagina. Harris took her exposed vagina and pressed it to my nose. I pulled back and she continued to follow. Harris continued this for a few seconds and then replaced her panty. Harris slowly moved down my body and pressed her breasts to my face. She spread her legs and straddled my crotch. She placed her arms over my shoulders and embraced me. She remained pumping her crotch into mine until the end of the song. Harris remained sitting on my crotch and asked if- I wanted another dance. I told her I would but asked how much her dances were. Harris had never told me how much her dances were. She said that her dances were $25.00. I told her I- was really worried about running short on cash and I thought she was probably really expensive. She smiled and said no. Harris then again asked if I wanted another dance. I told her only if it was like the others. I told her I really liked the way she rubbed her breasts against my face. I also said that her hand technique was great. I told her if she kept that up she wouldn't have to twist my arm for another dance. Harris smiled and said she liked doing that. I then asked if it would still be only $25.00 if she did all that. Harris said "Oh, sure" . I told her I would love another dance. The next song had already started, as Harris began to grind her crotch into mine. Harris immediately leaned forward and pulled up the cup of hr bra, exposing her left breast and nipple. Harris began to rub her breast to my face and then cupped her breast with her left hand. Harris attempted to shove her exposed nipple into my mouth. She held her nipple against my lips for several seconds. Harris then began to rub her exposed breast and nipple across my face and forehead. Harris continued this for approx. 15 seconds. Harris slowly worked .her way between my legs. Harris began to kneel in front of me, between my legs. She started to move her shoulders back and forth, rubbing her breasts against my crotch. I noticed a white male employee come to the table in front of the couch. He placed a free pass on the table and then walked away. 4 22(0 • Harris rested her head on my left thigh. She brought both her hands to my crotch. With both hands, Harris began to knead !and stroke my penis through my pants. Harris looked, up and smiled as she massaged my penis. Harris continued this for approx. 15 to 20 seconds. Harris slowly stood up and moved to straddle my lap and crotch. Harris spread her legs wide and firmly planted her crotch into mine. She began grinding vigorously, pumping up andi down. Harris started to rub both-her breast with her hand, squeezing them together. I observed the manager, Lauderbach, walk by the couch. I looked at Lauderbach and smiled. He had looked over at my couch, looked at me and smiled and nodded his head in acknowledgement. He then walked over and stood by the bar. Harris took. Iher left hand and lifted her bra cup, exposing her left breast and nipple. Harris rubbed her exposed breast across my face. She then rubbed her exposed nipple across my lips. Harris held her nipple to my lips and began to squeeze her breast with her left hand. IAgain, Harris attempted to press her nipple into my mouth. Harris continued this for several seconds and then replaced her bra cup. Harris slowly stood up from my lap. She supported herself with the wall behind the couch. Harris began to move her crotch in front of my face. She slowly lowered her covered vagina to my face and pressed it to my nose. She began to rub it along the bridge of my nose. Harris moved back and used her right hand to pull the front of her panty to the side. She moved back and pressed her exposed vagina to the bridge of my nose. I pulled back but Harris followed, attempting to keep her exposed vagina in my face and on my nose. • Harris continued this for approx. 10 seconds. Harris replaced her panty and slid down my body. She spread her legs and straddled my crotch. She began to pump her crotch into mine, as she pressed her covered breasts to my face.1She moved her head to my right ear and began to kiss and tongue my ear. Harris remained in the position, pumping and driving her crotch into mine as she kissed my ear, until the end of the song. Harris sat up and asked if I liked the dance. I told her it was great. She then asked if I wanted another. I told her no, but thanked her! for asking. I gave her $80.00 for the three dances. I included a $5.00 tip. I then returned to my table. .I finished my soda and spoke with "Tomi" for approx. five minutes before leaving the club. I then got up and walked out of the club. Harris had long, straight, black hair which shei wore past her shoulders. Her hair appeared to be blown back, ! exposing her forehead. Harris wore dark eyeshadow and dark black eyeliner. She did not wear any lipstick. Harris did not wear,any !nailpolish. . I Harris wore a thin gold necklace with a very small gold charm. I could not make out the design of the charm. Shel wore six gold bangles on her left wrist. The bangles were solid with no designs. 5 • 227 ri// . • 4 / I'. observed she wore two gold rings on her left middle and ring fingers. AA, Harris wore a two piece, matching, bra and panty. Both pieces were white with a small floral print. The small flowers were pink and light blue. The bra top had the print on the cups. The bra had white straps and an elastic back. The bra clasped in the front, between the two cups. There was white lace on the top edges of the cups. The matching panty was thong backed with, white lace on the top waist area which wrapped to the back. Harris wore white shoes that appeared to be covered in white satin material, they were not. leather. At the end of my investigation, I returned to my office and completed this case.- Harris had told me her name was "Victoria", but I could not locate that. stage name in the Deja Vu application book. I went through each picture and found Harris' picture. The stage name listed was "Rio" . There is no doubt that "Victoria" was in fact Harris. I positively identified Harris by both her application picture and her driver's license photo. Harris agreed to -sexual contact. for $25.00. There is also no doubt that the purpose. for Harris exposing her vagina, her breast and nipple, and touching me, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney's Office for filing. J Det. M. T. Hayden Approval: McOmber 6 221 -Q l4 CASE• 63, NUMBER Tukwila Police Department pieta ense e 1 ( eriseAncident Lne ) • 1 ❑1}Memo. INCIDENT REPORT FORM /� f'',C.C=S—iT✓''p Offense Code 2 I 2 ❑ mpt Reported Date / Reported Time1 ✓/O.-,/}> � a..• �_ ( -L2S9� Z�� /�/`S E^�E/�T�. 3 ❑Ana ...,canon Offense Code 3 ❑Compw,r I isr000//eWU�RD.� � rStatus — Flow Reserved Dstnd of Occurrence RD Disclosure? Occurred Date Occurred Time Dspo •� Ts 2c�S °Yes GL .p.,/ , A A c . Ai GENERAL IBR INFORMATION(r+equIred on all criminal Incidents) Location Type Offense Related to: CLEARANCE TYPE: 0 AA-Arrest Adult Bias Motivation? • Domestic Violence? ❑AICOIgI ❑ pater ❑N-Not Applicable ❑AJ-Mast Jixv ❑ VP)*code): ;Zs ❑ t,/� f]Drugst Applicable ❑Exceptional(scode): °(�) ivrii Criminal Activity ;eaponsmo ? Caliber. ngth: THESEITEMS♦ *Units En er d Entry Met Tools Used I Prem.Security.(specify code): , Gauge: GripslFinish:• FOPOR S ONLY LARY II NAR/Si-/A.K IQ6, •TZ%',---••=JLT oFiR ' —e'L/"_ I.ZTvts rc-- T-+e._.r- L. Cor,_,.-ry�r+LT /?ilin.� ✓/oL_ 1_ �r ^�L�.4�<'T os=cv/�-Q��T ,Ji.---v i co-2,7->'/.,..G .,r ,,/1 I tak.--•a, T1---1E 'E�-- SOLVABLTTY ❑01 Suspect arrested ❑04 Suspect can be DV ❑07 Witness to crime ❑10 Significant MO present FACTORS:, •'D 02 Suspect named 0 06 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence ❑03 Suspect can be located ❑06 Suspect veh described ❑09 Stolen property traceable ❑12 Related/timllar incidents I INV. 0 Victim 0 Complainant i .Oflender VICTIM ❑Individual ❑Government 0 Other ' PCNtder(Proces Him O Number) CODES 0 Witness 0 Registered owner ❑OwNer TYPE 0 Business 0 Religious 0 Unknown 0 Suspect 0 Driver ••0 IiIss'mg Person CODES 0 Financial Institution 0 SOC Public 0 Police Ofci �� Age Z//? Na. Stmt ❑ me Oas t.first middle) a taken? `! /$iCiti..k i .4 ,..� /'/C/- GE- c-✓ i BI tweet Address OILY State Lip Filbme µpe Place o Employment 4,9259 2. <IS .4.- -- T. ". ..i---.9 _9tp 17�rr•-n7'z Z- fir —•/J Work Phone OLN State SOC TD SIC FBI ?s/7Vz-7 zp . 1 t - 4 -s3F--7, c../.r/7 Height Weight Hair Eyes Ethnicity Res' Charge(s)andibr Citation No. F�J Staff Est T Jail Booking No Jail 1 P�.00T7T /OS— 2.E�iQ�i r / Alias NamesAdentdiiersJC othing I ''t/.4c-,k e._/E " — 4V ,w I . INV. 0 Victm 0 Complainant 0 Offender VICTIM ❑Indn'idual ❑Government ❑Other 1 p jN{Nender(Process Control Involvement Only CODES 0 Witness 0 Registered owner ❑OwNer TYPE 0 Business 0 Religious 0 Unknown ly ❑Suspect 0 Driver 0 hissing Person CODES 0 Financial Institution 0 SocPublic 0 Police Dial_I� &� NI Stmt ❑Yes Name( first middle) Range taken? ❑No Street Address • City State Zip bane Phone Place o Employment Work Phone OLN State SOC TO SID I FBI Charge(s)and/or Citation No. ' Custody Arrest T Jail Booking No, Jail Height WeighJ Hair Eyes Ethmaty Residency State 1 FlagA A �2 Alias NamesAdenecslClothing . VEHICLE INFORMATION ❑Suspect Vehicle Lit Na• Lic.Sato Veh.Yr. Vehicle Make Veh.Model Veh type Color' VIN I 'Victim Vehicle — .criptiat - Investgatng Officer Badge No. Supervisor 22 Rev 11/92 V . i CASE NUMBER: '157/ ,G �� /�— e7/O DATE: 02-25-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: ENTERTAINER/DANCER VIOLATION IBR CLEARANCE: . OPEN - 3. Adult entertainer dance club, open for business. 5. . On 02-25-94 at approx. 1945 hrs., I entered the Deja Vu Club located at 15011 Pacific Hwy. S. for the purpose of investigating suspected prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was contacted by a female employee who was responsible for taking the cover charge from the patrons. She was approx. 05-05 and approx. 140 pounds. She had straight, brown hair that extended past her shoulders. Her hair was pulled back and flowed freely down the back of her head to below her shoulders. She wore a one piece, green velvet dress, black nylons, black high heeled shoes, and a gold necklace. She had dark eye shadow and red lipstick. This female was already standing at the cash register when I came through the front door. She told me it was $5.00 to get into the club. I gave her a $5.00 bill and she handed me an orange ticket. The orange ticket was to get back into the club in case I had to leave and come back. I took the ticket and entered the lounge area of the club. I took a seat at a table located on the north side of the club. The table was approx. two tables back from the main stage. I sat at a table that was located near the center of the north lounge area. I sat on the right side of the table, facing the main stage. There was a white female dancer performing on the main stage. I would recognize this dancer as "Valkrie" . (Brink, Shara G. DOB 112072) . Brink had just starter performing her first song of her stage performance. At the completion of Brink's performance, I heard the D.J. acknowledge the performance and state the dancer's name was "Valkrie". I would receive a Prostitution violation from Brink prior to leaving the club on this date. I observed Brink perform two songs on the main stage. Brink wore a two piece, white, satin outfit. The top of her outfit consisted of a bra and a choker collar around her neck. The choker --type collar had three separate white extensions which went from the choker collar to the top of the cups of her bra. The three • 230 extensions appeared to have silver studs, in a row, from the collar to the bra. The bra itself was white with a design on the cups. It appeared that the cups had an underwire. Brink wore a matching white panty which was thong backed. She wore white high heeled. Brink would finish her two songs on the main stage and then go directly to the dressing room. Brink had changed her costume when I observed her exit the dressing room. I looked around the club and observed approx. seventeen patrons seated throughout the lounge area. All the patrons were seated at tables and there were no patrons receiving any couch dances. I observed approx. nine dancers throughout the club. I observed five white males seated at the south tables, next to the stage. Three of the white males wore dark blue T-shirts with a white emblem on the left breast. I could make out that the emblem was that of a fire department, however, I did not recognize any of the firefighters as belonging to the Tukwila Fire Department. Two of the,fire fighters in the blue T-shirts were extremely intoxicated. These two firefighters could not stay awake and Brink would later tell me that they had a heavy smell of alcohol that she smelled them when she was performing on the main stage. I assumed that' the other two males, with the three in the blue T-shirts, were firefighters also. I observed two black male patrons sitting at a table to me left. One was receiving a table dance from "Felice", (Coutcher, Casandra F. DOB 102870) . Coutcher would contact me later, when I was not with Brink. (See the other case on this date) . I was in the club from approx. 1945 hrs. to 2100 hrs. While in the club, I observed three waitresses.! The waitress that would serve me my soda would introduce herself as "Jackie" . She was a white female with short straight, brown hair. I observed the same bouncer I had seen before when in the club. [He is a large white male, approx. 06-00 and 260 pounds. He has short blonde hair and wore a black shirt and black pants. I observed that the bartender was a white male, tall, with black hair that was pulled back and held in a pony-tail. I observed the north wall of couches and observedithat the same two lamps which were out, the night before, were still out. There was-only one lamp illuminating the entire north wall, of couches. I was approached by a waitress who asked what I would like to drink. This waitress would introduce herself as "Jackie" . I ordered a soda. The waitress had returned with the soda and; told me that refills were free. She also gave me some free popcorn. I gave her $5.00 for the soda. I was seated at the table and had observed Brink, complete her stage performance. I had originally intended on trying to contact "Felice" while I was in the club. I observed her sitting with an Hispanic male, on a couch in front of the VIP lounge. She had a 2 /23 ladies drink in front of her. I sat. and watched the next dancer on the main stage. This dancer was a black female, and I did not get her stage name. Near the completion of this dancer's second main stage song, I was approached by Brink, who asked if I would like to join her on the couch. I told her I would. Brink escorted me to the third couch which would be directly behind the table at which I was seated. I sat next to the non-functioning lamp, and Brink sat to my left. I spent the rest of my time, exdept for one other couch dance from Coutcher, with Brink. Brink had sat down and turned to ask if I had ever been in the club before. I told her I had and that the last time I was in, my buddy and I had received a shower dance from her. Brink looked at me and said that she thought I had looked familiar. Brink described to me how she remembered that I had paid an extra $5.00 in order to watch the shower dance with my friend. Brink then stated "You're a cop, both you and your friend are cops". I told her I she must have us confused with someone else, but Brink insisted that I was a cop. Brink stated "that's o.k., I'll still sit and talk to you. I might even give you a couch dance. I haven't had a ticket in awhile" . I insisted that I..wasn't a cop and that I drove a truck for a living. Brink just smiled. She said that it's o.k. that I'm a cop, "I feel much safer now" . I laughed and said "I guess a couch dance is out of the question". Brink told me to stand up. She stood up next to me and told me to take 'off my coat and denim vest. As I was taking them off, Brink ran her hands along the torso of my body and under my arms and around my waist. I had taken my coat and vest off and placed them on the neighboring couch. Brink felt each of my pants pockets and then ran her hands down the legs of my pants. She felt around the tops of my boots, squeezing the tops of my boots and my pant legs. I noticed several patrons watching what she was doing as well as a waitress that was walking by. Brink was trying to determine if, in fact, I was a police officer. I asked Brink if she found what she was looking for and she just laughed and told me to sit down. I said to her "I told you I wasn't a cop Brink continued to insist that I was a cop no matter what I told her. A black female began to take the main stage in order to perform her two dances. Brink asked if I would like a couch dance. I asked her how much it would cost. She told me $35.00. I told her that would be fine. The next song started and Brink moved from being seated next to me, to straddling my lap. Brink was now wearing a matching two piece, camisole and panty outfit. The camisole top was dark blue with a floral print. The flowers in the print had red accents. The camisole top had spaghetti straps over the shoulders which were dark blue. The top hung loosely and came down to below Brink's panty line. Brink wore a matching dark blue, thong backed panty. The panty did not have a floral design or print but was the same dark blue as the camisole 3 23 x top. She wore dark colored high heeled shoes. I coullld not tell if they were blue or black because of the lighting. Brink straddled my lap and spread her legs widej. She began to grind her crotch firmly against mine. Brink used her left hand and moved the strap of her camisole off her shoulders and down her arm. She exposed her right breasts and nipple. She used her left hand to squeeze her breast. Brink slowly moved forward and pressed her exposed nipple to the lips of my mouth. She held her nipple there for approx. ten seconds. I believed she wanted me to suck on it, however, I did not. She moved her nipple away from my lips and began to rub her right breast about my face. Brink Islowly sat up and replaced her strap, covering her breast. Brink continued to grind her crotch against my crotch and groin. She leaned back and supported herself with'1the table in front of the couch. Brink kept grinding her crotch 'against mine. She looked at me, seductively, without a smile. I told her to smile. Brink said that she didn't smile because thus was the way she danced. She said "I get really turned on when I 'dance for men like this, and I want to turn you on". I laughed andliBrink smiled, a little. While supporting herself with her left hand, Brink brought her right hand along her stomach and began to rub the outside of her vagina, through her panty. Brink continued to pump her crotch against mine. She then moved the front of her panty to the side and exposed her vagina. She used the fingers of her right hand to rub and spread the lips of her exposed vagina. Brink idid this for approx. 10 seconds and then replaced the panty. Brink spread her legs and extended them into a large "V". She brought her, legs up to her head. Brink sat up and pressed her chest to my face. She rubbed her covered breasts against my face, from side to side. Brink. then began to move up and down. She was rubbing her crotch along my crotch and then along my lower stomach. As she did this, her body moved along my face. Her chest and breasts would rub against my face and then her covered stomach would rub against my face. Brink did this for several. seconds. Brink slowly moved up my body to where she was standing in front of me. She supportedl herself with the wall behind the couch. She moved her hips in front of my face. Her crotch was only a few inches away. Brink brought' her left and down to the front of her panty, pulling the panty to 'the left. She exposed her vagina. She used her fingers to rub her exposed vagina. She played with herself for approx. 10 seconds and then replaced the panty. Brink slowly moved down, along my body, pressing herself against me as she moved to straddle my crotch. She completed this song by placing her arms around my neck and embracing me. Brink pumped her crotch against mine until the song •ended. 4 233 • Brink dismounted me and sat down to my left.. I asked her how much the dance was, I had forgotten what she originally had told me. Brink said that this dance was only $25.00. "You have not seen a $35.00 dance yet" . I started to pull my wallet out but Brink told me not to pay her yet, if I wanted another dance, I could wait and pay her later. Brink began to look through a small black purse, which I had ' not seen when, she originally had approached me. She opened the purse and produced a box of cigarettes. They appeared to be Marlboro's. Brink then produced a lighter and began to smoke. Brink has short blonde hair which she wore straight and somewhat "bobbed" . She had straight bangs which covered her forehead. The sides of her hair extended to about the middle of her ears. The back of her hair was shaved close to her neck. Brink wore light eye shadow with a dark eyeliner on only her top eye lid along the lash line. She wore rd lipstick. I-observed Brink's fingernails. They appeared nicely manicured and may have been fake. Her nails were long with white tips and it appeared that she may of had clear nailpolish on them. Her nails shined in the light. Brink wore gold earrings. The earrings were thin, solid gold hoops with a gold flower which hung from the bottom of the hoop. The hoop went through the middle of the flower. The flower had five gold petals. She wore a single, solid gold necklace with a small gold charm. I could not make out the design of the charm. Brink wore numerous rings on her fingers. Brink wore three gold rings on her left hand. She had gold rings on her left index, middle and ring fingers. She also wore a gold rope type bracelet on her left wrist. Brink wore one gold ring on her right ring finger. She wore a black watch with a round face on her right wrist. The watch had a black band with gold accents on the watch face. A waitress came by and asked if I would like to buy Brink a ladies drink. I told her I would and Brink ordered an orange juice. When the waitress returned, I gave her $10.00 for the drink. The waitress placed the drink on the table in front of us. Brink and I talked about the club and the other dancers. Brink pointed out that the black female dancer who was on the main stage, wore hair extensions. Brink told me that she got along with all the dancer's at the club and had never had any problems since she had been working at the club. She said she had been at the club and had danced for only about a year and a half. Brink then told me about the next black female who was about to dance on the main stage. This would be "Dana". Brink stated that "Dana" had just burned herself with a curling iron. When asked where, Brink said she had burned her left nipple with the iron while doing her hair in the dressing room. Brink grimaced as if in pain. I told her I guessed 5 that was a hazard of the job. Brink had finished her cigarette and asked ifs! I would like another dance. I told her I would. At the beginning of the next song, Brink straddled my lap, and began grinding her, crotch firmly against mine. She pressed her chest firmly against my face, and rubbed her covered breasts back and forth. She placed her arms over my shoulders and embraced me. She held on to me firmly, as Brink began to pump her crotch harder against mine, simulating a sexual act. She stayed in this position for approx. 30 seconds. Brink sat up and began to rub her breasts through her camisole. She then ran her two hands under her camisole and began to rub her breasts from under the material. Brink pumped up and down on my crotch. Brink climbed off my lap and stood up in front of me. She turned around and lowered her buttocks against my crotch. She began to rub the cheeks of her buttocks against my crotch. Brink leaned back and placed her head on my left shoulder. She' squeezed her breasts and as she ground her buttocks into me. I observed the white male bouncer, dressed all in black, come over and adjust the thermostat. The thermostat was directly above the non-functioning lamp directly next to me. He made no attempt to curtail Brink's performance. Brink moved her left leg up onto the couch. She kept her right leg on the floor. She moved her head to my right shoulder. Brink now laid virtually across my body. She grabbed both, my hands and moved them to her hips. She guided my hands along her thighs and then back to her hips. I watched as Brink took her left hand and guided it between her spread legs. She moved her hand under the front of her panty and began to massage her vagina. She then brought her hand out and moved it to her breasts,. She pulled her camisole down and expose her left breasts. She took her left hand and began to squeeze and massage her exposed breast. Brink continued this for approx. 15 seconds. Brink sat up and turned around. Brink straddled my lap but leaned back and supported herself with the table in.lifront of the couch. She lifted her legs straight in the air and back to her head forming a large "V" shape. Keeping her legs spread and in the air, Brink used her. right hand and pulled her panty to the side. She used her right fingers to manipulate her exposed :lips of her vagina. She replaced her panty and repositioned herself on my lap. Brink straddled my lap and finished this song grinding on my crotch and she embraced me. Brink hurriedly climbed off my lap. She had to go and perform on the main stage. I watched the first song of her performance. She went to the firefighters in the front row and climbed up on the table in front of them. Her back was to me, but it appeared she was allowing them to insert dollar bills into the front of her panty. When Brink would return, two songs later,* she would itell me that 6 235 III they all were drunk and that one of them threw popcorn on the stage. As Brink was performing on the main stage, I received a couch dance from Coutcher aka "Felice" . After her stage performance, Brink returned to join me on the couch. She sat down next to me and lit another cigarette. We made small talk for awhile and I asked how much longer she had to go. She said she just started work and that she was probably going to work until closing. She said she usually worked late. A song had past and the D.J. stated that the next song would be a Texas Tease. This is a complimentary couch dance where the patron does not have to pay at the completion of the dance. Brink put out her cigarette and said that "This one's on me" . Brink quickly climbed up and straddled my lap. Brink spread her legs wide and began to grind on my crotch. She embraced me as she did this, with her arms around my neck and her breasts pressed against my face. She pumped and ground on my crotch for the duration of the song. Texas Tease songs are much shorter than regular songs and only last for approx. one minute. Brink climbed off my lap and sat down to my left. She had a disgusted look on her face. I asked Brink what was wrong. She said "what do I have to do to get you excited?" . I told her I was having a great time. Brink asked "what do I have to do to turn you on?" . I told her I didn't know that I could request whatever I wanted. Brink said "I am really getting turned on and I want to turn you on. Tell me what I can do to get you hard" . Brink was looked me straight in the eye when she saidthis. I told her I really like it when she rubbed her "ass" against my crotch and the way she would grind her crotch against me. Brink smiled and said"That's all I want to know" . I quickly asked if this would cost anymore than $25.00. Brink said "As long as I can get you hard, I wouldn't think of charging you anymore. I like this as much as you". The next song started and Brink straddled my crotch and began to vigorously grind her crotch against mine. She embraced me and placed her head next to my right ear. I felt Brink begin to breath harder and faster as she began pumping up and down on my crotch. She moved her face in front of mine, resting her forehead against mine. She continued to pump up and down on my crotch. Brink would change speeds from slow to fast and back again. Brink continued this for approx. a minute and then slowly turned around so that her legs were between mine and her buttocks was resting on my crotch. She began to grind her buttocks firmly against my crotch. .I felt Brink reach down between her legs and grasp at my penis. She began to rub her hand firmly against my penis and then grip it as if she was trying to masturbate me. Brink repositioned her left leg over my left thigh and on the couch. Brink left her right leg on the floor. Brink laid back and placed her head on my right shoulder. Her mouth was next to my ear. Brink's buttocks was still pressed against my crotch, grinding 7 2314 away. Brink grabbed my hands and placed them on her hips, as she had done before. She guided my hands along her .thighs and back up to her hips. Brink's grinding became more vigorous and I could hear her breathing become more rapid. I believed she was working herself to an orgasm. Brink took her right hand and began to rub her vagina from under the front of her panty. She maintained this until the completion of the song. Brink's breathing subsided and I believed she reached an orgasm. Brink sat up and sat down next to me. She hugged kme and told me that was much better. She, lit up another cigaretteli and stood up from the couch. I asked where she was going and she stated she was going to the dressing room to put on another outfs.t. I watched Brink go into the dressing room. f . Brink returned and was wearing a two piece black, bikini type outfit. She walked to the main stage to perform, again. From a • distance the outfit she had on appeared to be a bikini, but when she returned to my couch, she would tell me it was l a bra with a bikini bottom. Brink performed two songs on the main stage and returned to my couch. She sat down to my left. Brink asked how I. liked her new outfit. I asked if it was a bikini. She told me I needed glasses. It was a braI anda bikini bottom. The black bra top had a clasp in the back and a lace pattern to the cups. It appeared the, cups were underwired. The bikini bottom was black and worn in a T-bar fashion. They had a string band around the waist with a single piece of material from the front of the waistband to the back. The material could be stretched wide or bunched together. Brink left the material bunched together making an inch wide covering in the front anda T-bar in the back. She wore black high heeled shoes with straps that went around her ankles. She played with the bottoms, showing me how wide she could make the material . Brink had another cigarette and we talked some more. I asked her how old she was. She told me she was only 21 year's old. I told her she looked like she was 18. Brink told me she had lason who was 2.5 years old. I told her she did not look like a woman who had a child. Brink just smiled. She told me her birthday was in November and that she was a Scorpio. I told her I was a Libra. She said Scorpios and Libras are known to get along really well. I told her that was obvious. The waitress returned and Brink ordered another drink. The waitress returned with the orange juice, and I paid her $10.00 for the drink. Brink had another cigarette as we talked. She asked me about my trucking job and I asked if she wanted to go to Portland with me. She declined. Brink then askedl, what I was thinking when she danced for me. I told her that I thought she was very attractive. She told me she wanted to know specific things I was thinking. Particularly anything that I wished to do, to her sexually. I told her I thought about alot when she danced and then posed the same question to her. Brink was just as evasive as I was. 8 2,3'2 I She said that when I got to know her better, she would tell me what she wanted to do to me. The D.J. announced that the next song would be another Texas Tease. Brink put down her cigarette and before the song started, she was already straddling my crotch and grinding against me. Brink pulled down both cups of her bra and exposed both her breasts and nipples. In the course of the next minute, Brink managed to place both her nipples against my lips and rub her exposed breasts around my face. As she did this, Brink ground her crotch firmly against mine. She leaned back and massage her exposed breasts. After a few seconds she replace her bra and leaned back, spreading her legs in the air. She kept her legs straight in the air and brought them back to her head. She supported herself against the table in front of the couch. Brink brought her legs back down and straddled my crotch. The song was ending and Brink asked if she could keep going. I told her that would be fine. Brink kept grinding her crotch against mine. She leaned back and exposed her left breast and nipple. She moved both to my mouth. She pressed her nipple firmly to my lips, trying to get me to take it into my mouth. I did not. Brink .then rubbed her breast across my face and moved my face between her breasts. She held my face there and pumped harder against my crotch. Brink moved off my crotch and stood in front of me. She adjusted her bikini bottom and then straddled me. This time she faced away from me. She supported herself with either her left or right and on the table in front of me. She would alternate between the two. She brought her right hand back and spanked the right cheek of her buttocks. She then sat up and widen her legs, pressing her crotch firmly against mine. She began to slowly pump up and down. Brink leaned back and began to rub and massage her covered breasts. Brink repositioned her legs so that she now straddled my left thigh. She moved up and pressed her buttocks against my crotch. Brink widened her legs and positioned herself so that her crotch was now firmly against mine. She rested her head on my right shoulder. I felt Brink reach her hand between her legs to my crotch. She used her left hand to squeeze my penis through my pants. She used her hand to first rub and grasp my penis through my pants. She rubbed my penis for approx. 20 seconds. Brink moved her left hand to the front of her panty. She rubbed her vagina through the front of her panty and then placed her hand under her panty. She rubbed her vagina, keeping pace with the thrusting of her hips and crotch against mine. I then watched as Brink exposed her vagina so that I could watch as she masturbated herself. She used her fingers to massage and spread the outer lips of her vagina. Brink continued this for several seconds. Brink covered her vagina and then slowly turned around to straddle me as she faced me. Brink completed this dance by pumping her crotch against mine as she embraced me. At the end of the song, Brink kissed me on the 9 238 right cheek and climbed off my crotch. She sat downinext to me on the couch. Brink lit up another cigarette. We sat and talked as I watched "Robin", "Karana", and "Felice" perform on the main stage. At approx. 2100 hrs. I told Brink that I had toigo and get on the road. I again asked if she wanted to come to Portland. Brink told me maybe some other time. I asked how much did I owe her> Brink told me just a "bill", meaning $100.00. I 'igave her the $100.00 plus a $10.00 tip. I asked if she worked. on Tuesday. I would be getting back into town and would like to see1her. She said she would-be at the club at about 3:45 p.m. I asked if I could come and see her. She said that would be great. I got myicoat and vest and left the club. At the end of my investigation, I returned to my office and completed this case. I positively identified Brink. She had performed before and I had received a shower dance from Brink which was video taped on a previous date. There is no doubt that "Valkrie" is .in fact Shara Brink. Brink agreed to sexual contact in exchange for $25.00. There is also no doubt that the purpose for Brink touching me and exposing, her breasts, nipples liandvagina to me, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. . I li . 'i Det. M. T. Hayden Approval: McOmber 10 • 23a Ir CASE — NUMBER 9 . — 4,958 1Tukwila Police Department ense e1 nt )• • 1 ❑jnempt INCIDENT REPORT FORM /e-/L .43"f--eg-rrrTv71G.`/ • mplete °Poorted Date Reported Time Offense Code 2 2 ❑$ttempt /0 ,-/ ZS'S!, /4/`5- Ems.-zc/IT.s�/'&t .wo`%rrOv.J ' 6omplete _.,an Offense Code 3 3 0 Attempt rs_d/�. � �G /���<7 • ❑Comp{ete Dstnc of Oxunonce RD •�/ rig: ure? / Occurred Date / Oaurred tune • Dspe •Z) tabs Flow Received i�qoQ5/0 ?�41 ZZ�� S C5 o 4 Tic- l ZCd� GENERAL IBR INFORMATION(required on all criminal Incidents) Location Type Offense Related to: CLEARANCE TYPE: ❑M-Arrest Adult Bras Motnraeon? Domestic Valence? Child Abuse? 0 Alcohol ❑Gdmputer ❑N•Not Applicable ❑M-Most Jw ❑ �(�code): ' ayes • Dyes p c,/Co 4 D Drugs t Applicable 0 Exoe_ tonal(spent]code): �_�No �nL� Erittrryyyo No J Criminal Activity Weapons Used? Caliber. • - length: . THESE REVS♦'•Units Entered. Method Tools . .•Prem.Sean _ ❑yS(PpeL7h fie): , Gauge: GripsiFmish: REAORTS ONLY NARRAT T.�l--.//-7 s✓ c .'�Ci; -ins-r/ ai, <iTv'�/,E/���? 7T7 /_lG% oz P/ror�rvTo . "car....-- ticc.e:,71-/E 4-- -r--.._. '74m"- 4--11 -4 - 7r�rn S-7-,.a..c. c.c cry. .�4.... Wi//cam .-4=. =c/j--"--/tiG oca-"L o tT.._•S. SOLVABILITY ❑01 Suspect arrested ❑04 Suspect can be D'd D 07 Witness b crime ❑10 Significant MO present FACTORS: ❑02 Suspect named ❑05 Suspect described ❑08 Crime scene processed ❑11 Useful physical evidence ❑03 Suspect can be located ❑06 Suspect veh described' ❑09 Sblen property traceable ❑12 Refatedlaimilar incidents INV. 0 Victim 0 ComplainantOflender VICTIM D Individual 0 Government. 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner ❑OwNer- .TYPE • 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver ❑Missing Person CODES 0 Financial Institution 0 SoCIPublic 0 Police Ofc. No. Stmt Oy.es Name(last•test,middle) Sex DOB/Age Range O taken? ' �,G/� ti /t//eLc..� ��✓i✓.1� l /T e✓?�T3 J State Lip Home P Place o Employment -"net Address P boy • 9Z //Z /_l� �. C- Z7/ /��....: .4 3/ p?1/ /cr —vim . nark Phone. OLN. State SOC D • SID FBI 2 773Z'7 Z-7orSo �c 4 534.--/ / Height Weight Hair Eyes E_thni/city Res' Charge(s)andbr Citation I . FlagCustodyS 1� b Type Jail Booking No. Jail OS-- /1 �cx• i •1 Ng / 1 wilds-nTc/rx0.✓ tatus 4 e7 2 T�-.es�t�l I Alas Namesitdentifiers/Ctothing "".-cwv,\./ ' - 2c e::7-7/4-/ • INV. 0 Victim 0 Complainant 0 Offender VICTIM 0 Individual 0 Government 0 Other PCN(Process Control Number) CODES 0 Witness 0 Registered owner 0 OwNer TYPE 0 Business 0 Religious 0 Unknown Offender Involvement Only 0 Suspect 0 Driver 0 Missing Person CODES 0 Financial Institution 0 SooPublic 0 Police Ofc. No. Stmt. D Yes .Name(last,fast,middle) ce AI Sex i DOB/Age Range taken? ❑No • Street Address City State Zip Home Phone Place o Employment • Work Phone OLN • State SOC TD SID FBI • Height Weight FL • Eyes Ethnicity Res Charge(s)andlor Citation No. Flag Cusbdy 1 T Jail Booleng No Jail n JSg 2 Alias Names/Irian"mnsrClothing %/Ug(` VEHICLE INFORMATION \ I 0 Suspect Vehicle Lic.Na. • lic.State Veh.Yr. Vehicle Make Veh.Model Vett Typt Color VIN •'rtim Vehicle . iption kwestigab Officer Badge No. Supervisor• n�o �r—' Rev MS III CASE NUMBER: 9`� O6op'ci /�.--�e2 DATE: 03-10-94 TYPE OF REPORT: CONTINUATION TYPE OF CABE: ENTERTAINER/DANCER VIOLATION - PROSTITUTION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business: 5. On 03-10-94 at approx. 2145 hrs., I entered. the IDeja Vu Club, located at 15011 Pacific Hwy. S. for the purpose oflinvestigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was contacted by a large male bouncer I have seen at the club before. He has blonde hair which is shorter on top and longer in the back. He wore a short sleeve black, button-up shirt. Be wore a black tie with a silver design toward the middle of the tie. He wore black pants. I noticed he had a tattoo on the inside of his right forearm. This employee was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me ,-a $10.00 and a $5.00 in change. He also gave me a small blue ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. I I entered the lounge area of the club. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage,; and directly in front of a couch on the south wall. I sat on the right side of the table, facing the main stage. There was a white female dancer currently performing who I was able to identify as "Sydney" . She had blonde hair and wore a two piece, matching, bra and panty. S sat and watched the two performances by "Sydney" . At the completion of her last dance, I was approached by a white female waitress who sat down in the chair to my left. I had recognized this waitress from the previous times I had been inithe club. I would learn her name was Gail. Gail asked how I was doing and if I wanted something to drink. I told her a soda would be fine. Gail told me she was having a terrible day and that she was in a bitch of a mood. I asked her what happened. Gail told me that she had come out of her apartment and found that one of the tires on her car was flat. She said it took forever to find someone who could come and help her. Gail said she called one of her customer friends to help. She got the tire changed. Gail then said shelIcame to work 1 '24/ and that they, the managers, had come up with some stupid new system to serve drinks. She said she had to get a dancer to get a ladies drink before she could start serving regular customers. Gail was not pleased. I told her I was glad to see her and that I would yell for her when. I needed a ladies drink.. She smiled and told me she would be back with my drink. Gail returned and brought my soda and some popcorn. I gave Gail $5.00 for the soda plus a $1.00 tip. She sat and talk a little more and then told me she had better go before she got in trouble by the manager. = Besides Gail, there were three other waitresses. One of the waitresses was short and stocky. She had short, straight, brown hair and glasses. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. Another waitress I saw was taller than the last. She had short, straight brown hair. She wore the same type of outfit. I saw one other waitress which I had not seen before. She was a black female with short black hair. She had light skin. I noticed her as I was getting ready to leave. She wore a black, three quarter length coat and it appeared like she wore black nylons. I looked around the club and observed approx. 12 to 15 patrons, seated throughout the club. Most of the patrons sat at tables. I observed approx. 15 dancers. I was able to identify the following dancers: Indigo, Valkrie, Crystal, Sydney, Robin, Cheresse, Charade, Ashley or Corey, Tia, Aira, Bailey, Sasha, and Tasha. Before receiving couch dances from "Robin", I would receive a couch dance from "Cheresse". After my couch dance from "Cheresse", I returned to my table. I was then approached by "Robin" . "Robin" would later be identified as Morrison. Morrison asked if I would like a couch dance. I told her I would. I got up from my table and walked over to the couch directly behind me. This couch is the first couch from the bar area. I recognized Morrison from a previous investigation I had done in the club. See case 94-01656. Morrison did not recognize me. Morrison is a heavy set black female with large breasts. Morrison had shoulder length black hair, which was straight and pulled back. She had an elastic hair band that kept her hair in place toward the back of her head. She had her bangs brushed over , her forehead. Morrison wore dark eyeshadow but did not wear any other make-up or lipstick. She wore pink nail polish. Morrison wore small, round, gold earrings in each ear. She did not wear any other jewelry. She wore a wristwatch on her left wrist. The watch had a black band and a round, black face. It appeared that it had gold accents in and around the face. • 2417. Morrison wore a smooth purple satin bra. The bra clasped in the back. The cups of the bra were underwired and the cupsjwere smooth, with no design. Morrison wore a black, lace, thong backed panty. The panty was not see through. Morrison wore a black shirt over the top of her bra. The shirt had buttons up the front, ' but Morrison left it unbuttoned. The shirt tied around her waist. Morrison wore black, suede, high-heeled shoes. I sat down on the left side of the couch. I was seated upright, with my legs. apart and my hands on my thighs. I noticed that "Tian was about to perform on the main stage. The next song started. . Morrison removed her shoes and threw them on the floor. She climbed up on the couch and spread her legs to straddle my crotch. Morrison began leaning in close to my face and pressing her breasts against my face. She held my face between her breasts. Morrison told me that if she started to smother me, for me to just yell . I - laughed. She held my face there for several seconds. Morrison rubbed her crotch into mine, and began to pump her hips up and down. .She would squeeze her shoulders together, engulfing my face between her breasts. She moved her head, to the righjt of mine and embraced me with her arms. She continued pumping on me for approx. 30 seconds. Morrison slowly moved from my crotch and stood up in front of me. Morrison turned around and lowered her buttocks Ito my crotch. She began to rub her buttocks along my crotch._ Morrison leaned back and rested the rest of her body on top of mine. She rested her head on my left shoulder and used her two hands to rub and squeeze her breasts. Morrison slowly sat back up. She kept her hands on my thighs and began to grind her buttocks harder into imy crotch and groin. I watched as Morrison. took her right hand , and moved it between my legs. I felt her begin to squeeze and Irub my penis through my pants. Morrison continued this for approx. 10 to 15 seconds. She then stood up in front of me. Morrison turned around and climbed back onto my lap. She spread her legs and straddled my crotch. She began to grind and rub her crotch against mine. She pressed her breasts to my face and held my face there, rubbing her breasts back and forth across me. Morrison continued this for approx. 30 seconds. She would rapidly shake her breasts against my face, periodically, in this 30 second period. I felt Morrison use her right hand to reach between my legs and begin to rub and squeeze my penis through my pants. Morrison slowly slid up my body until she was standing on the couch. She supported herself with the wall behind me. Morrison moved her hips back and forth, her crotch inches from my face. Morrison started rubbing her upper thighs along my face. She started with her left thigh and then would move and rub her right thigh across my face. 3 24/3 • Morrison slowly slid down my body and straddled my crotch. She pressed her breasts to my face and held my face between her breasts until the end of the song. As she did this, Morrison pumped her crotch up and down against mine. The song ended and Morrison climbed off my lap and sat down to my right. I told Morrison thanks. She asked if she could stay on the couch. I said sure. The short waitress with the glasses came over and asked if I wanted to buy "Robin" a ladies drink. I asked Morrison if she wanted a drink. She said she did. She ordered a cranberry juice, but to fill it halfway with water. The waitress returned and I gave her $10.00 for the drink. Morrison and I talked for awhile. She said she had just started work and was kinda drunk. She said she had been drinking with a bunch of the other girls, before coming to work. I asked her what she was drinking. She said she had three Mai Tai's and two Electric Iced. Teas. I told her it sounded like a great combination. Morrison said she felt really good. I asked Morrison how long she had been dancing. She said she had been dancing for two years. She said there was one girl that had danced since she was fifteen. She said the girl had danced in Las Vegas, you can dance . there when you are fifteen. We sat and watched "Cheresse" perform on the main stage, followed by "Bailey" . Morrison asked if I wanted another dance. I told her sure. The next song started, and Morrison moved from where she was sitting to my lap. She spread her legs and straddled my crotch. She ground her crotch firmly into mine and pressed her breasts to my face. She held my face between her breasts as she worked her crotch against mine. Morrison pulled down the shoulder straps of her bra. The straps rested along her upper arms. However, she did not expose her breasts when she did this. She continued to press her breasts to my face. Morrison would sit up and rub and squeeze her breasts with her hands. She would then lean forward and press her breasts back to my face. Morrison continued this for approx. 30 seconds. Morrison slowly lowered herself to where she was kneeling on the floor in front of me. She pressed her breasts against my crotch and groin, and then rubbed her breasts up and down against my crotch. She used her two hands to rub and squeeze my penis through my pants. Morrison continued this for only a few seconds. Morrison slowly stood up and turned around, facing the main stage. She moved backwards and lowered her buttocks to my crotch. She began to rub and grind her buttocks against my crotch and groin. She reached her left hand between my spread legs and started rubbing and squeezing my penis through my pants. She did this for a few seconds. Morrison leaned back and placed her head on my left shoulder. Her entire weight was now on me. Morrison continued grinding on my lap as she used her hands to rub and squeeze her 4 244 • covered breasts. Morrison remained in this position until the end of this song. She then climbed off and sat down next to me. I told Morrison that she had a really nice smile.:I She said it was worth $2,000.00. She said it was from all the orthodontic work she had done. The announcer then introduced Morrison! to dance on the main stage. He introduced her as "Robin" . Before she left, Morrison asked if I could pay her for the two dances. She said each was $25.00. I told her that wasn't a problem and I gave her $50.00 for the two couch dances. She then asked if I would wait and watch her stage performance. I told her I would. She then said she would be back when she was done. During her two songs, I was approached by "Sydney" land "Ashley" to see if I wanted a couch dance from either of them.' I told them no, and that I was waiting for "Robin". At the end of her two songs, Morrison returned to my couch. She asked what II thought. I told her I thought her dance was great. She said she :could barely stand on her heels while on the stage. She said she needed another drink. A white female dancer walked by and Morrison) told me she looked like she was pregnant. She said alot of. the girls looked like they were pregnant. We spent the next several minutes trying to figure out who might be the pregnant dancers in the club. Morrison asked if I wanted another dance, I told! her I should be going. She pleaded for one more dance. I told her O.K. The song had already started and had been going for several seconds. • Morrison moved from where she was sitting, to standing in front of • me. She kneeled, down and pressed her breasts to my crotch. She began to rub them up and down along my crotch, pressing them firmly into me. Morrison used her two hands to rub and squeeze my penis through my pants. She had placed her hands under her breasts as she did this. Morrison continued this for several seconds. Morrison stood back up and then turned around. She raised both her legs to the couch, straddling me. She faced away from me and supported herself with the table in front of the couch. Morrison leaned on the table and brought her right hand to my crotch. She rubbed and squeezed my penis some more, and then slowly sat up. She leaned back and rested her head on my left shoulder. She kept rubbing my penis. She then brought her hands to her breasts and began to rub and squeeze them. Morrison stayed in this position until the- end of the song. She slowly moved to where she had sat before. Another song passed and we watched "Tasha" on the main stage. I told Morrison that I had to be going. She said I needed one more dance. I asked Morrison, that if I was to give her an extra $50.00 would she keep rubbing her breasts in my face and rubbing my crotch with her hand. Morrison said she would. I told her !that would be great. • The next song started and Morrison stood up from the couch and moved between my legs. She knelt down and began to rub my penis with her hands. She then pressed her breasts to my crotch and began rubbing those up and down. She would alternate between her hands and her breasts. Morrison continued this for approx. 30 seconds. Morrison slowly slid up my body until her breasts were pressed against my face. She held my face between her two breasts as she brought her legs up to straddle my crotch. Once securely on my crotch, Morrison began to grind her crotch firmly into mine. She remained with her breasts engulfing my face. Morrison leaned back and asked if this is what I liked. I told her I did. She then pressed her breasts back around my face. Morrison continued this for approx. 30 seconds. Morrison slowly stood up in front of me. She supported herself with the wall behind the couch. She moved her crotch to my face and pressed her covered vagina to my nose. She then moved her hips back and forth, rubbing her thighs along my face and nose. She then repositioned herself to press her covered vagina to my face again. I pulled back and no contact was made. Morrison slowly slid down my body and secured my face between her breasts. She reached her hand between my legs and began to squeeze and rub my crotch with her right hand, concentrating on squeezing my penis. She sat up but kept her hand on my penis, stroking it. Morrison looked at me and smiled. She pressed her breasts to my face and placed her head to the left of mine. She began to breath harder as she increased the pace at which she was grinding her crotch into mine. She completed her dance in this position. When the song ended, Morrison climbed off my lap and sat down next to me. I pulled out my wallet and gave her $50.00 for the two dances plus the additional $50.00 for the extra sexual contact she had agreed to. I thanked her and told her I hoped to see her next week. She hugged me and then kissed me on the right cheek. As I was leaving the club, Gail stopped me and gave me a free pass. I thanked her. At the completion of this investigation I returned to the station to identify the two dancers who had performed for me. I returned to my office to complete this report. I obtained the 1994 special Operations Deja Vu license book. I reviewed the application packet belonging to Morrison. I positively identified Morrison from her application photo and D.O.L. photo. I had also remembered her from the previous investigation that I mentioned earlier. Morrison agreed to sexual contact for an additional $50.00, on top of her normal price for her couch dance. There is no doubt that the purpose for Morrison touching me in the manner that 6 240 she did, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney for filing. Det. M. T. Hayden Approval: McOmber 7 )CASE NUMBER 9 _-t& & • (Tukwila Police Department -- - •—Offense ode 1 (Offense/Incident Literal) -- - > �,p_ INCIDENT REPORT__FORM l�/L p,�:S.—..:_.1-7_�ti/ mpetc .;coned Uaie deported ime---- - Offense Code 2 --- -• 2 Attempt r $Co p a�?.•C•: / '?-r:'��- •Z?i i7 /� `•�;�=�':.!b�_• '= ,/..a�_ _J•_.A:at, m etc ..ton Offense Code 3 • 3 =Attempt _',, /_ *_.:-:r_ .,,._I c- 0 Compete Distract of Occurrence RD Disclosure? j Occurred Date • Occurred Time Dapo(A•Z) Status How Recervec T c..�3 7Yes Rio ‘,......•?-Z7 -+/ 's's�—-Z L/' I. •..7 GENERAL IBR INFORMATION(required on all criminal incidents) . Location Type Offense Related to: CLEARANCE TYPE: 0 AA-Arrest Adult Bias Memnon? Domestic Violence? Child Abuse, 11 Alcohol ❑ mApplicable 0 Exceptional(weedy puler $ •Not Applicable ❑AJ•Arrest Juv C Y (specify code). ❑D yes ❑ s C Drugs bcode): (88) No • Cnminal Activity Weapons Used? - Caliber. Length: • THESE TTENS♦ t Units Entered Entry Method Tools Used Prem.Secur -- s(s�P�y code): A Gauge. Grips/Finsh: FOR BURGLARY I • igNo REPORTS ONLY NARRATIV • • ��}/_T s v/c- //c-c�._ 'ZJ_ •• i c•;•- P.•'�'J:"T..-..�:/C-.�' J�l�!''�--i2_: _� ' • . 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K Phone OLN State SOC ID 'SID FBI Z. /3 C /' ' Z S-q_ -- -5-1-g• Z 7. s./,1 Height Weight Hair Eyes Ethnicity Residency Charge(s)and/or Citation No. . - Flagg Custody Arrest T�Jail Booking No Jail 1 �i� �:/cti i>ZiJ . Slaws / Alias Names/Identifiers/Clothing i✓G.�? :: -. - �- - F�/ •,/- <v/ . • INV 2 Victim 0 Complainant 0 Offender VICTIM 0 Indridual 0 Government i0Other PCN(Process Control Number) CODES 0 Witness. _Registered owner ❑OwNer TYPE ❑Business ❑Religious Unknown Offender Involvement Ony ' 2 Suspect 2 Driver • 0 kissing Person CODES 0 Financial Institution 0 Sot/Public 0 Police Ofc. . No Stmt. C Yes I Name(last.first middle) Race Sex DOB/Age Range taken? S No I • Street Address Cray State Zip Home Phone j Place of Employment • Work Phone OLN State SOC D SID f FBI Height I Weight' Hair I Eyes Ethnicity es Charge(s)andior Citation No. Flag ICustodylArrest T Jai!Booking No) Jail 1 Z J Status II 4 Alias Namesddene iers/Clothing . • VEHICLE INFORMATION \, I 0 Suspect Vehicle Lic.No tic.State Veh Yr. Vehicle Make Veh.Model Veh TypE Color VIN -Victim Vehicle ninon Investgaong Officer — -Badge No Supervisor - i . Rev 11•'92 • CASE NUMBER: ��PCo� /-�-0,1 DATE: 03-22-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU INVESTIGATION IBR CLEARANCE: OPEN 3. Adult entertainer dance club, open for business. 5. On 03-22-94 at approx. 2050 hrs., I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I wasgreeted by a tall white male, dressed in a white shirt and a blue, parka type coat. I did not recognize this male from my other investigations inside the club. He was approx. 06-01 and 180 pounds. ! He had black hair and a mustache. He wore black slacks. This employee was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me a $10.00 and a $5.00 in change. He also gave me a small red ticket. This ticket was to be used in case I neededto leave the club and wanted to come back. I entered the lounge area of the club. I noticed that the manager on the floor was Scot Lauderbach. He had short brown hair, a mustache, and glasses. He wore a white, button up shirt and black pants. I looked at the bartender and identified him as Jerry Shackles. He had short brown hair and wore a white shirt with a bow tie. I also observed one other_ white male that I had observed in the club before. It appeared that he was the bouncer. He was a slender white male with short brown hair. He wore a black button up shirt and black pants. I would observe this male walking about the club and also counting the couch dances which would :be occurring. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a couch on the south wall. I was seated next to the east fire exit for the club. I sat on the left side of the table, facing the main stage. There was a white female dancer currently performing on the main stage) I was able .to identify this dancer as "Tomi". She had straight, auburn hair and wore a two piece, matching, neon green bikini type outfit. She also wore knee high tan, leather boots. I know "Tomi" from other investigations I have conducted in the club. 1' I sat and watched the two performances by "Tomi". During her second dance, I was approached by a white female waitress who sat down in the chair to my left. I had recognized this waitress from the previous times I had been in the club and she recognized me. She asked how I was doing and told me she had not seen me in a while. I told her I was glad to see her and that I was glad to see she was in such a good mood. This waitress had short brown hair. Her hair was straight and was cut to her ears. She wore a dark red lipstick and heavy makeup. She said she was happy because it was her Friday and that she had the next three days off. I told her I hoped the sun was out so she could go and do something exciting. She asked if I wanted something to drink. I told her a soda would be fine. The waitress returned and brought my soda and some popcorn. I gave her $5.00 for the soda. She said she would check back with me later to see how I was doing. I thanked her. I noticed that she wore a white, sleeveless, tuxedo type shirt. She wore a black bow tie and black bikini type bottoms. She also wore black nylons. There were two other waitresses. One of the waitresses was short and stocky. She had short, straight, brown hair and glasses. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. The third waitress I observed, I had not seen before. She wore the same waitress type outfit. She was a white female with shoulder length brown hair. I looked around the club and observed approx. 15 patrons, seated throughout the club. About five of these patrons were receiving couch dances. I observed approx. 15 dancers. I was able to identify the following dancers: Indigo, Valkrie, Tomi, Shayla, Kelsie, Leilone, Sugar, Rio, Aira, Candice, Paige and Tiffany. I was sitting at my table, when I was approached by a white female dancer who I know as "Sugar" . She asked if I would like a dance. I told her that I was waiting to meet with "Paige" . ("Paige" was a dancer I had met on 03-18-94. I had made arrangements to meet Paige at the club on this date. I observed her talking to a male as I originally took my seat at the table.) "Sugar" told me that Paige was her roommate. I told her I knew that from the last time I met Paige. "Sugar" would be identified as Jurtsuk. Jurtsuk asked again about a dance. 'I told her I did not want to upset Paige. Jurtsuk said that they were good friends and that Paige would not be mad. I told her, in that case, I would like a dance. I noticed a smell of alcohol on Jurtsuk's breath. Jurtsuk told me to follow her over to the couch. I walked over to a couch which was behind my table. It was the middle couch on the south wall. I sat down on the left side of the couch. There was an older white male sitting. on the right side of the same couch. 2 250 • I looked to my left and saw Paige on the next couch, talking to a white male with dark hair. She acknowledged me and said Hi. I told her I came in to see her. Paige said she had been waiting. I asked if she minded if I got a dance from her roommate. Paige said no. Paige said she would come over when Jurtsuk was done. Jurtsuk and I sat on the couch before the current song ended. She sat to my left. Jurtsuk told me she heard from Paige that I was a really nice guy and that Paige really liked .me. The next song ! started and Jurtsuk got up from the couch to perform her dance. Jurtsuk moved from the floor to my lap. She spread; her legs and straddled my crotch and groin. Jurtsuk moved her hips slowly, grinding her crotch into mine. She slowly moved bothher hands to her breasts and began to squeeze and rub them through her bra. After a couple seconds, Jurtsuk pulled down the left cup of her bra and exposed her left breast and nipple. She cupped her breast and began to squeeze it. Jurtsuk leaned forward and pressed her left nipple against the lips of my mouth. She held it there, forcing it against my lips. Jurtsuk slowly rubbed her exposed nipple along my lips and then along my face. She kept my face pressed Ito her breast for approx. 20 to 30 seconds, before replacing the cup of her bra. Jurtsuk slowly stood up on the couch. She supported herself with the wall behind me. She began to move her crotch in front of my face, slowly swaying back and forth. Her crotch was approx. five inches from my face. Jurtsuk lowered herself down: so that she pressed her lower stomach.against my face. She then slowly slid her body up, my faced pressed against her, until her covered vagina was pressed against my mouth. Jurtsuk rubbed and pressed her vagina against my mouth and nose for a few seconds, before she slowly slid down my body. Jurtsuk positioned herself on my crotch and groin and began to grind firmly against me. Jurtsuk leaned in and pressed her breasts to my chest. She moved her head to my right ear and I heard her breathing hard as she was grinding against me. I the felt Jurtsuk kiss and then tongue my right ear. She did this for a couple of seconds and then sat back up. Jurtsuk slowly stood up in front of me. She turned around and faced toward the main stage. Jurtsuk moved backward and lowered her buttocks to my crotch. She supported herself with her hands on my thighs. Jurtsuk began to rub and grind her buttocks up and down against my crotch. Jurtsuk leaned back and lay across my body. She rested her head on my right shoulder. Jurtsuk ground her body against mine as she rubbed and squeezed her breasts with her hands. Jurtsuk slowly sat up and continued to grind her buttocks firmly into my crotch. I then observed as Jurtsuk took her right hand and moved it between my legs. I felt her rub! and squeeze my penis through my pants. Jurtsuk continued this for only a few seconds and then she stood up from my lap. 3 25t I . i Jurtsuk turned around and re-straddled my crotch and groin. She pressed her breasts to my face and rubbed both her breasts back and forth across my face and mouth. Jurtsuk leaned her head to my right ear and began to kiss and tongue my ear a second time. She did this for a few seconds and then forced her breasts to my face. She held my face between her breasts, as she rode me, until the completion of the song. Jurtsuk stood up and sat back down on the couch, to my left. Jurtsuk told me the dance was $50.00. I told her I could not believe it was $50.00. I thought she was kidding. She again told me it was $50.00. I asked Jurtsuk why it was so much. She said that was the price for her dances. I told her that her price was twice that of some of the other dancers. She knew I was not pleased, but I paid her the $50.00 for the dance. She then asked if I wanted another. I told her no. Jurtsuk remained on the couch to talk to. me. She sat and told me she thought I was really cute and understood why Paige liked me so much. I told Jurtsuk I really thought that she had a great smile. Jurtsuk smiled and said that she and Paige were alot alike. I told Jurtsuk that I thought her and Paige probably got along really well. Jurtsuk told me that I should come over to their place sometime. I told her I would like that. She said that we could all have a really good time. I asked her what she meant. She said we could have a few drinks and the three of us could have some fun. I told Jurtsuk that it sounded quite erotic. Jurtsuk said that it would be better than the club. I again asked what she meant. Jurtsuk said that I at least would not have to spend any money on ladies drinks or a cover charge. I told her I would really like that. As we were talking, Paige walked over to the couch. Paige came over and sat down on my lap. She hugged me and said she was glad that I came in. She said she had been waiting for me. I told her I was really glad that she was here tonight. Paige asked if she could stay on the couch with me. I told her of course, the reason I came into the club was to see her. Jurtsuk said she was going to go and make some money. Paige and I remained on the couch and talked for about five minutes. We then got up and moved to a couch on the north side of the club, next to the door to the dressing room. I was at this couch for the next hour. I would spend most of my time with Paige. However, Jurtsuk would come and sit and talk with us. During my time with Paige she had to go up and perform on the main stage. She performed two songs. During her first song, Jurtsuk came to the couch and sat down to my right. She asked if I wanted another couch dance. I told her I did not want to make Paige mad. Jurtsuk said that Paige would not be mad. Jurtsuk continued to beg for me to dance for her. I told her I did not want to spend another $50.00. I wanted to save my. money for Paige. Jurtsuk said I could always go to the cash machine. 4 252 I told Jurtsuk, that if I got another dance, I wanted my $50.00 worth. I told her that 'I really thought. she had great "tits", and would she rub her nipples across my face. She said she would. I told her I would love a dance. The current song had already been playing for several seconds. Jurtsuk moved from the couch and straddled my crotch. She began to pump her crotch firmly against mine. Jurtsuk used her two hands and pulled down her bra. She exposed both her breasts and nipples and leaned in to my face. She pressed her nipples against my face and then 'moved one and then the other to. the lips of ;my mouth. She would hold them there and press them firmly to my lips. She kept her nipples and bare breasts pressed to my face forlapprox. 30 to 40 seconds. Jurtsuk replaced her bra and then leaned her head to, the right of mine. She kissed and tongued my right ear. Jurtsuk sat back up, and then stood up on the couch. She supported herself with the wall behind the couch. She pressed her covered vagina to my nose and then pressed it to my mouth. She pressed it firmly to my mouth and tried rubbing it along my lips. Jurtsuk tried this for approx. 10 seconds. Jurtsuk slid her body back down and positioned herself onto my crotch. She spread her legs wide and ground her crotch into mine. She sat upright. I watched as Jurtsuk used her right hand to rub and squeeze my penis through my pants. She brought her hand back up and placed both hand around my neck. Jurtsuk embraced me and pressed her breasts to my face. She held my face between her breasts. Jurtsuk sat back up and pulled down both cups of her bra, again exposing her breasts and nipples. She pressed both her nipples to my mouth, one after the other. She cupped her left breast and tried to feed me her left nipple. Jurtsuk then covered her breasts and held my face between them, pumpingiher crotch up and down against mine. Jurtsuk finished the dance in this position. Jurtsuk dismounted my crotch and sat back down to my right. I gave her the $50.00 for the dance. Jurtsuk asked where her tip was. I was confused and asked what she meant. Jurtsuk said she wanted a $10.00 tip. I asked why. She said that it was an extra $1.0.00 for her to'rub:both her nipples across my face, not just one. I told her I did not think her breasts were that expensive. She smiled and I gave her the extra $10.00 for the extra nipple. ' Jurtsuk remained on the couch until Paige returned. Jurtsuk again asked if I was interested in coming over to their place . sometime. I said I would love to and that we should make plans sometime, soon. I observed that Jurtsuk had. an •accent. She said that she was from France. When Paige came back to the couch, a waitress came by and i ordered two ladies drinks for both Jurtsuk and Paige. We all talked for awhile and then Jurtsuk had to leave to go perform on the main stage. We made plans forithe following 5 263 • • • Tuesday, to meet for drinks. • I remained for another 20 minutes with Paige. I eventually told her I had to go. I then left the club, after being escorted to the door by Paige. Jurtsuk is a white female. She has long, curly, black hair. Her hair hung down past her shoulders to almost the middle of her back. Jurtsuk's bangs were long and she had them brushed back over to the right. I noticed that Jurtsuk had a very prominent nose. She wore dark eyeshadow and eyeliner. She wore a dark red shade of lipstick. I observed that Jurtsuk wore red nailpolish. Jurtsuk wore two, thin, gold necklaces. One hung close to her neck and the other hung down to the middle of her chest. She had two gold rings on her left middle and left ring fingers. Jurtsuk had one gold ring on her right ring finger. I observed that she wore a watch on her left wrist. The watch had a shiny black band with a round, gold face. Jurtsuk wore a two piece, matching, black bra and panty set. The bra clasped in the back, with straps going over her shoulders. The cups had a lace design on the cups and had an underwire support to each cup. I observed a small, white, faux pearl between the cups. The matching black panty had a lace design in the front and was thong backed. Jurtsuk wore a black garter belt. It had a faux pearl in the middle of the front waist of the garter belt. She wore black, thigh high stockings. The stockings had a black lace design. Jurtsuk wore black high heeled shoes. While Jurtsuk danced, I had noticed that she had a tattoo on her upper left shoulder blade. I also noticed that she had a pierced belly button which appeared to have a gold ring through it. At the completion of this investigation I returned to my office to complete this report. I obtained the 1994 Special Operations Deja Vu license book. I knew Jurtsuk from previous investigations and verified her picture in the application book. Her 1993 picture closely resembled the way she looked on this night. I verified identity by both application photo and her driver's license photo. Jurtsuk agreed to sexual contact in exchange for $50.00, as well as an extra $10.00 for the exposing of a second nipple. There is no doubt that the purpose for Jurtsuk exposing her breasts and touching me in the manner that she did, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. • Det. M. T. Hayden Approval: XcOmber 6 254 CASE . • NUMBER 61. - 70 • ense ••el (• -.:nt eral) • 1 ❑�nempt Tukwila Police Department y . ��.s-7-- ✓T7'11� J�Campieta (' I INCIDENT REPORT FORM oiensey oCode2 I 2 L�At(empt ,orted Date Reported Time - LL� , Corn . - 2 =$� • TiifenseT,ode 3 ! 3r D Ana• son , / ❑Campleie c// %7�4C -I ^' � Occurred Date 4/ / Occurred Tune Ds (A-Z) Status stna of Occurrence ❑Yes er Z2 `''' —-2-Zia , o� 4i. �S-•- ZG� I J GENERAL IBR INFORMATION(required on all criminal incidents) Motivation? I � Venoa? G„ Location Type Mersa Related to: t ISRANCE TYPE 0 M-Arrest Adult , (��code): I, computer �•�Not Applicable 0 AJ-Arrest AN ifir lie _ .Af- . •,OD.A�Icohd ogs . ❑ tApplicable • DExceptional(specify code): Entry Method Tools Used Pram.Security Crimirel Activity Weapons Used? Caliber. Length: FOR URGLARY♦ 1 Units Entered 0v„� fie,: , GripyFirfish: REPORTS ONLY - A 4 pu/-,�/.✓c4-orio-/ 24 7-4=t-i-7, ,..-sn.cry- ✓G1/ ' n s"-,.=7.-- a.= cG"*.....0•_ _T......c/%r .v. , Iro•�L 2 t"'" . - SOLVABILITY ❑01 Suspect arrested ❑04 Suspect can be D'd 007 Witness b crime ❑10 Significant MO present D 05 Suspect desaibed ❑08 Grime scene processed Cl 11 Useful physical evidence FACTORS: 003•Suspect can bd traceable. O 12 Related/shiter incident ❑03 Suspect can be located ❑OB Suspect veh described D 09 Sblen property ! ID Government ❑Other I PCN(Process Control Number) C V. 0 Witness 0 Complainantate -Offender OrrNer BEM 0 Business: 0 Regius 0 Unknown Offender Involvement Only CODES 0 Susspec 0 Registered owner 0 Mssin 0 Suspect ❑Driver 0 Ifssirg Person i CODES 0 Financial Institution O SoclPublie 0 Pose Olc. �. DOBrAge Range No. stmt. ❑ Name(tact.lust,middle) �. taken. tb I/Li/ ��4-�, �/1ia/�/y /CaCf'�Ec��-State ILip Place o Employes ment pest Address � ' �� State SOC D SID FBI Work Phone 12P/ti/ r I -S,or. rl,�I I ----. \ Height s andOr Citation No. Flag Custody���AAArtrr���t T Jail Boolang No) Jail Weight Hair Eyes Et_hnia/ry / C�6�) 797eVg_3 S� I0 /�/ / 1 pie�TT7t�T7cY�1I Ales NamesJtden'rers/Cbthing • P.‹:=7/6. -' — ._:.•-• f/2.-"' 'd — S.e. - D Government 0 Other 1 PCN(Process Control Number) INV. 0 Witness 0 Complainantistre - 0 Offender I OeNer TYPE 0 VICTIM 0 �. 0 Religious O Unknown I Offender Involvement Only CODES 0 Susie c 0 Drive tared owner 0 Mssin O Suspect ❑Driver 0 kissing Pelson CODES D Fetarx9al 4stitir6ori ❑SodPuftlic ❑Polioei Olc.re� Sex DOBIAge Range No. stmt ❑YesName(last,fast,middle)taken? O NoIy State Lp Phone Place o Employment Street Address I . • I �D SID FBI Work Phone j OLN I State I SOC • I I andlbr Citation No. 1 Flag Custody Arrest T Jail Booing No Jail Height Weight Hair Eyes Ethnodry Res Charge(s) Status 2 I I I Alms NamesMen en/Clothing . I 1 VEHICLE INFORMATION I ❑Suspect Vehicle I Lic.No: I Lic.State(Veli.Yr.I Vehicle Make I Veh.Model I ehTypl Color I VW - 0 Victim Vehicle I Description 1 • Invesbgac Officer Badge No. Super s icf-7 �.�i �1!'- �� /t�c�/,t�3�,2 Rev 11i9 Cic) 1 1 1 CASE NUMBER: DATE: 03-22-94 TYPE OF REPORT: CONTINUATION TYPE OF CASE: DEJA VU INVESTIGATION IBR CLEARANCE.: OPEN 3. Adult entertainer dance club, open for business. 5. On 03-22-94 at approx. 2050 hrs., I entered the Deja Vu Club, located at 15011 Pacific Hwy. S. for the purpose of investigating any prostitution activity and ascertaining if any adult entertainer violations would occur in my presence. I entered the club through the front door. I was greeted by a tall white male, dressed in a white shirt and a blue, parka type coat. I did not recognize this male from my other investigations inside the club. He was approx. 06-01 and 180 pounds. He had black hair and a mustache. He wore black slacks. This employee was responsible for taking my cover charge. He told me that it would be $5.00. I gave him a $20.00 bill and he gave me a $10.00 and a $5.00 in change. He also gave me a small red ticket. This ticket was to be used in case I needed to leave the club and wanted to come back. I entered the lounge area of the club. I noticed that the manager on the floor was Scot Lauderbach. He had short brown hair, a mustache, and glasses. He wore a white, button up shirt and black pants. I looked at the bartender and identified him as Jerry Shackles. He had short brown hair and wore a white shirt with a bow tie. I also observed one other white male that I had observed in the club before. It appeared that he was the bouncer. He was a slender white male with short brown hair. He wore a black button up shirt and black pants. I would observe this male walking about the club and also counting the couch dances which would be occurring. I walked over and took a seat at a table located on the south side of the club. I sat at a table which was two tables back from the main stage, and directly in front of a couch on the south wall. I was seated next to the east fire exit for the club. I sat on the left side of the table, facing the main stage. There was a white female dancer currently performing on the main stage. I was able to identify this dancer as "Tomi". She had straight, auburn hair and wore a two piece, matching, neon green bikini type outfit. She also wore knee high tan, leather boots. I know "Tomi" from other investigations I have conducted in the club. 1 25 Go • I went into the club in order to meet. "Paige" . I would later identify Paige�� as Michaud. I had met Michaud on 03-18-94 and we had made arrangements to meet at the club on today's date, at 9:00 p.m. I looked around the club and observed Michaud talking with the tall male employee that had taken my cover charge. I looked in her direction, but Michaud did not see me. I sat and watched the two performances by "Tomi" . During her second dance, I was approached by a white female waitress who sat down in the chair to my left. I had recognized this waitress from the previous times I had been in the club and she recognized me. She asked how I was doing and told me she had not seen me in a while. I told her I was glad to see her and that I was glad to see she was in such a good mood. This waitress had short brown hair. Her hair was straight and was cut to her ears. She wore a dark red lipstick and heavy makeup. She said she was happy because it was her Friday and that she had the next three days off.' I told her I hoped the sun was out so she could go and do something exciting. She asked if I wanted something to drink. I told her, a soda would be fine. The waitress returned and brought my soda and some popcorn. I gave her $5.00 for the soda. She said she would check back with me later to see how I was doing. I thanked her. I noticed that she wore a white, sleeveless, tuxedo type shirt. She wore a black bow tie and black bikini type bottoms. She also wore black nylons. There were two other waitresses. One of the waitresses was short and stocky. She had short, straight, brown hair and glasses. She wore a white, sleeveless, tuxedo type shirt with a black bow tie. She wore a black bikini type bottom with black nylons. The third waitress I observed, I had not seen before. She wore the same waitress type outfit. She was a white female with shoulder length brown hair. I looked around the club and observed approx.; 15 patrons, seated throughout the club. About five of these ;patrons were receiving couch dances. I observed approx. 15 dancers. I was able to identify the following dancers: Indigo, Valkrie, Tomi, Shayla, Relsie, Leilone, Sugar, Rio, Aira, Candice, Paige and Tiffany. I was sitting at my table, when I was approached by a white female dancer who I know as "Sugar". She asked if II would like a dance. I told her that I was waiting to meet with "Paige" . "Paige" was now sitting on one of the couches over my left shoulder. I pointed over to the couch where "Paige" was at. "Sugar" looked over to see where I was pointing. "Paige" was sitting on the couch with a white male with dark hair. "Sugar" told me that "Paige" was her roommate. I told her I knew that from the last time I met "Paige", on Friday night. 2 15 / "Sugar" asked again about a dance. I told her I did not want to upset "Paige" . "Sugar" said that they were good friends and that "Paige" would not be mad. I told her, in that case, I would like a dance. "Sugar" told me to follow her over to the couch. I walked over to a couch which was behind my table. It was the middle couch on the south wall . I sat down on the left side of the couch. There was an older white male sitting on the right side of the same couch. I looked to my left and saw "Paige" on the next couch, talking to a -white male with dark hair. She acknowledged me and-said Hi. I told her I came in to see her. "Paige" said she had been waiting. I asked if she minded if I got a dance from her roommate. "Paige" said no. She said she would come over when "Sugar" was done. "Sugar" and I sat on the couch before the current song ended. She sat to my left. "Sugar" told me she heard from "Paige" that I was a really nice guy and that "Paige" really liked me. The next song started and "Sugar" got up from the couch to perform her dance. At the completion of "Sugar's" dance, "Paige" came over and sat down on my lap. She hugged me and said she was glad that I came in. • She said she had been waiting for me. I told her I was really glad that she was here tonight. "Paige" asked if she could stay on the couch with me. I told her of course, the reason I came into the club was to see her. "Sugar" said she was going to go and make some money. "Paige" and I remained on the couch and talked for about five minutes. She asked if I wanted to go and sit somewhere else a little more private. I told her that would be great. We then got up and moved to a couch on the north side of the club, next to the door to the dressing room. This couch faced out toward the lounge area. I was at this couch for the next hour. During this time, I would spend most of my time with Michaud. However, "Sugar" would come and sit and talk with us on several different occasions. Michaud asked if I was ready for a dance. I told her I had been waiting for her. Michaud said she had been waiting for me to get here so that she could just climb up on me and have her way with me. I told her that would be "cool". The song had already started and Michaud climbed up onto my lap. She spread her legs and straddled my crotch and groin. She began to rub and grind her crotch against mine. She placed her arms over my shoulders and moved her head to the right of mine. She began to firmly grind her crotch into mine. She whispered in my ear "I've been waiting to do this". I heard her start breathing harder and faster as her rhythm increased, simulating a sexual act. Michaud remained in this position for 30 to 40 seconds. Michaud leaned foreward and pressed her breasts to my face. I noticed she had a bra on. She did not have one on when she danced 3 250 for me on 03-18-94. Michaud moved her chest back andi forth, rubbing my face along_, her breasts. I told her that she did not smell like "Smores" . Michaud frowned and said she did not wear those fragrances this evening. I told her I was most disappointed. She said she would wear it next time. Michaud continued to grind her crotch into me. She did this for several more seconds and then slowly stood up on the couch. Michaud faced me, supporting herself with the wall behind the couch. She swayed her hips and crotch in front of my face. She brought her left hand down to her crotch and began to rub the outside of her vagina. Michaud did this for a few seconds and then turned around, on the couch. Michaud bent down, supporting herself with her hands on my thighs. She moved her left hand between her legs and rubbed her vagina from this position. After a few seconds she slid back down and straddled my crotch. Michaud moved her legs to the floor and between mine. She rubbed her buttocks against my crotch and groin. She then leaned back and rested her head on my right shoulder. With her body grinding against mine, Michaud used her hands to rub and squeeze her breasts. She slowly sat back up and completed her dance, grinding her buttocks against my crotch. The song had already ended, but Michaud continued her grinding. She did this for almost 20 seconds. Michaud slowly leaned back and asked if she could keep going, "this feels so good". I told her she had no complaints from me. Michaud kept her head resting on my right shoulder, as she wiggled her buttocks across my crotch and groin. She used her two hands to rub and squeeze her breasts. I heard Michaud start breathing harder as she did this. I noticed the white male bouncer/couch counter walk over to the dressing room door, directly next to my couch. He looked in the dressing room and then stood and looked out toward the lounge. He stayed next to my couch for several seconds. He made no attempt to discourage Michaud's dance. Michaud remained laying on me for 20 to 30 seconds. Michaud sat up but continued grinding her buttocks firmly into my crotch. The bouncer just walked away. Michaud slowly stood up and turned around to face me. She climbed back onto the couch and spread her legs, to straddle my crotch. Michaud started riding me again. She pumped her crotch up and down.. She leaned in close and pressed her breasts to my face. She squeezed iher shoulders together, pressing my face between her two breasts- Michaud moved back and sat up. She smiled and told me that I really turned her on. She said I was really good looking and that I felt really good. I thanked her for the compliment and told her if she kept that up she would make my head swell, not to mention my ego. Michaud just laughed. 4 25q • Michaud leaned in and embraced me. She placed her head to the left of mine. She began to grind harder against my crotch, driving her crotch firmly into mine. She remained like this until the current song ended. This lasted for approx. another minute. The song ended but Michaud stayed pumping on my crotch. She whispered in my ear and asked if I wanted her to keep going. I told her we had better stop before I became over heated. Michaud rested her forehead against mine and told me she really liked this. I agreed ' with her. Michaud dismounted my crotch and sat to my left. Michaud hugged me and thanked me for coming in. I told her I had promised and that I really wanted to see her. We sat and talked for the next twenty minutes. Michaud told me that she was not feeling very well . She said that she was on some medication for a lung infection. Michaud also said that she had asthma and that she was taking a form of a steroid for the asthma. Michaud said she had gained almost 25 pounds since being on the steroid. Michaud noticed one of the dancers come out of the dressing room. She made a face at her and told me she was really a bitch. I recognized, this dancer as "Indigo" . Michaud said that "Indigo" thought she was hot shit. Michaud told me that she had started with this Deja Vu and had taught all the dancers how to dance. Michaud told me she had been busted about two years after she had started with the club. She said she stayed away from dancing for awhile but missed it, and the money. Michaud began to tell me about a guy she use to date. She said they use to have a sexual relationship, but they were now, just friends. She told me the guys name was "Russ", and that he works for the Deja Vu Corporation. Michaud described how Deja Vu was a corporation and that her friend, Russ, was the PET for Deja Vu. I told her I did not understand. Michaud described how the corporation had a CEO and that the PET worked under the CEO. The PET was responsible for the money side of the club and also handled alot of the inner workings of individual clubs. She said Russ was actually bonded up to $2 million. Michaud said that if she ever had a problem with any of the dancers, she could tell Russ and that the problem would eventually be resolved. It meant that the dancers would be fired or moved to another club. I asked if Michaud had gotten her problems resolved with the police. She frowned and told me they were at her place again last night. She said that her roommate, "Sugar", had some more problems with her boyfriend. "Sugar's" boyfriend came over and cut her brake cables and the police did nothing about it. Michaud said the police could only do something if they caught "Sugar's" boyfriend in the act. Michaud was not pleased. s 210 I told Michaud I really liked her tattoos. She told me that they both were dragons. The tattoo on her ankle was alband tattoo, and was a dragon which wrapped around her left ankle. She leaned forward and showed me the tattoo on lteft shoulderi blue blade. s Th Thiis . I was the head of a dragon, and appeared d her I had one on my shoulder, also. She said she had hers done at Rick's in Forks. I told her i never. heard of him. She said he did really good work. Michaud asked if I wanted another dance. I told her I would. We waited until the next song started. The next song began, and Michaud moved from the couch. She climbed onto my lap and spread her legs. She straddled my crotch and began to grind her crotch into mine. Michaud began to grind harder, firmly pressing and rubbing her crotch against mine. Michaud looked me in the eye and smiled. She pressed her chest to my face. Michaud moved her chest from side to side, rubbing her breasts across my face. Michaud moved her head to my right ear. I felt her kiss my ear. She then started to breath harder as she slowly increased her grinding on my crotch. Michaud leaned back and sat up. She began to rub her hands over her breasts. As she did this, she squeezed and rubbed her breasts. Michaud leaned closer and pressed her chest and breasts to my face. She moved her shoulders back and forth, rubbing her breasts across my face. Michaud continued this for several seconds and then slowly • 1 leaned all the way back, until she was supporting herself with the white table, in front of the couch. She lifted her legs in the air and spread them wide, forming a large "V" shape. She swayed her hips back and forth and then moved her right hand between her legs. Michaud moved the front of her panty to the side. Michaud exposed her vagina and used her fingers to rub and massage the outer lips of her vagina. After a few seconds, Michaud replaced her panty and then reached up, extending her hand to me. grabbed her hand with mine and pulled her back up so that she could sit up on my lap. Michaud spread her legs and straddled me. She began grinding her crotch into mine. She pressed her chest to mine hand leaned her head to the right of mine. She whispered, "you don'tmind if I just keep doing this for awhile?". I told her I really liked her like this. For the next 40 to 50 seconds, Michaud remained grinding and embracing me until the end of the song. After the song was over, Michaud remained riding and pumping my crotch. She told me "this feels so good, I don't want to get off" . I told her stay as long as she liked. Michaud remained on me for another 20 to 30 seconds. Michaud climbed off my lap and sat down next to me. "Sugar" came over and sat down to my right. The three of us talked for awhile. Michaud asked if I would consider going and having a drink with her after work. I told her that I could not do it tonight, but I would love to make a date sometime later. "Sugar" said she really 6 • She continued to ride me for another 30 to 40 seconds. Michaud sat up and reached her hands under my cut off sweat shirt. She began to knead and rub my chest and shoulders. Michaud told me it really turned her on that I was so big. She asked if I worked out. I told her I did. She continued to rub my chest and told me how she found me so attractive and how I really turned her on. I told her she was doing wonders for my ego. Michaud leaned back and leaned against the white table in front of the couch. She moved back and forth, rubbing her crotch against mine. She brought her left hand between her legs and placed it between my crotch and hers. The back of her hand rubbed along my crotch as she rubbed it along hers, simulating masturbation. She continued to rub her body and hand against me for approx. 10 seconds. Michaud climbed off my lap and stood up in front of me. She bent forward and rested her head between my legs, at my crotch. She rolled up, in a somersault fashion, and threw her legs over my shoulders. Her back rested against my body. With her legs over my shoulders, and her crotch just below my chin, Michaud pulled her panty to the right, exposing her vagina. Michaud began to rub and massage her vagina with her right hand. She moved her hips back and forth as she played with herself, simulating masturbation. Michaud finished her dance in this position. Michaud sat back up and straddled my crotch. She embraced me and kissed me on my left cheek. She then noticed she left some lipstick on my cheek and wiped it off. She hugged me again and told me she did not want me to leave. I gave Michaud $80.00 for the two other dances. I then gave Michaud $60.00 for this last dance. $40.00 for the dance and the extra $20.00 for her breasts to be rubbed in my face. Michaud thanked me and hugged me again me. Michaud then asked how to get a hold of me. She noticed that I had a pager. Michaud asked for my pager number. I told her it would take me a minute to remember it. She said while I thought about the number, she would go and get a pen and some paper. Michaud returned and I wrote my pager number on a napkin. Michaud gave me her name and the number to the club on another napkin. She gave her stage name of "Paige". She said that she need a special code number, so I knew it was her paging me. I told her she would be lucky "21". She said she would page me on Tuesday. Michaud said that if I did not get a page from her that I was to call the club and leave her a message. She again said she really wanted to go out and have some fun. I told her I would look forward to hearing from her. I got up and grabbed my coat. Michaud escorted me to the door and hugged me before I left. She said be sure to call and leave a message and we would go out. This was loud enough for Scot Lauderbach to hear. He was standing right next to Michaud. I told 9 2104 her I would talk to her later, and left the club. Michaud is a shorter white female. She had dishwater blonde hair that extended past her shoulders. Her hair style had long bangs which hung in her face. Her hair had a slight wave to it. Michaud wore dark eyeshadow and dark black eyeliner. She wore dark red lipstick. Michaud wore the same two piece outfit. She wore a camisole top with spaghetti straps. The camisole had a white base color with a floral print. The print consisted of red flowers with greenileaves. I noticed the flowers were roses. I also observed other designs in the pattern that were blue and red in color. The icamisole hung down, covering Michaud's black panty. The black panty hadIa black lace design in the front and was thong backed. I observed a small faux pearl toward the center of the waistband. Michaud wore red, high heeled shoes tonight. During the first three songs with Michaud, she wore a burgundy bra. The bra had lace cups with an underwire support. The bra clasped in the back. At the completion of this investigation, I returned to my office to complete this report. I had received the stage name for Michaud as I had on 03-18-94. I still was not able to identify her by any of the photos in the 1994 Special Operations Deja Vu, license ' book. I advised Sgt. McOmber of my problem and had !told him that Michaud had made special arrangements with the management to come in, specifically to see me. It was determined that Sgt. McOmber • would go to the club and do a license inspection. He would specifically attempt to find the stage name and real name for "Paige". On 03-23-94 Sgt. McOmber conducted the license inspection. He returned and told me the real name for "Paige" . I located Michaud's picture in the license book, but still did Inot recognize her. I removed her application packet for review. II located the copy of Michaud's driver's license photo, and from ithis picture, positively identified "Paige" as Michaud. Her ;D.O.L1. photo resembles the way I had seen Michaud in the club. Michaud agreed to sexual contact in exchange for the extra $20.00 on top of her regular fee for a couch dance. !There is also no doubt that.the purpose for Michaud exposing her breasts,) vagina, and touching me in the manner that she did, while she danced, was for the purpose of arousing and/or exciting this detective's sexual desires and interests. Case forwarded to the City Attorney's Office for filing. I I I i Det. M. T. Hayden Approval: McOmber 10 EXI�BIT "E" ADULT ENTERTAINMENT STUDIES FROM OTHER JURISDICTIONS Exhibit E-1 Kent, Washington: Adult Use Zoning Study Exhibit E-2 Bellevue, Washington: A Study on the Need to Regulate the Location of Adult Entertainment Uses Exhibit E-3 Austin, Texas: Report on Adult Oriented Businesses in Austin Exhibit E-4 Minnesota: Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Business Exhibit E-5 Indianapolis, Indiana: Adult Entertainment Businesses in Indianapolis K:\COUNMEMO\ADULTENT.EXE i � I • • • • CITY OF KENT f ADULT USE ZONING STUDY • KENT PLANNING DEPARTMENT JXHIBIT KENT, WASHINGTON E-1 NOVEMBER 1982 • • FOREWORD • On April 19, 1982, the Kent City Council allocated funds for the purpose of studying the effects of adult entertainment businesses on the surrounding community. Completed by the Kent Planning Department, The City of Kent Adult Use Zoning Study represents the product of the City Council's allocation. James P. Harris, Planning Director James M. Hansen, AICP, Associate Planner Fred N. Satterstrom, AICP, Special Projects Planner ACKNOWLEDGMENTS • The Kent Planning Department wishes to thank the following individuals for their assistance in the preparation of this study: Ken Attebery, City of Bremerton Planning Department Jean Bosch, Bill Mundy do Associates Jerry Burger, City of Des Moines Police Department D.E. Bylerly, City of Kent Police Department H. Ray Caldwell, City of Renton Police Department Katy Chaney, City of Seattle Department of Construction Loran Clark, King County Department of Assessments David R. Clemens, City of Renton Planning Department Bill Coffin, William Coffin Inc. Brad Collins, City of Tukwila Planning Department Bryant G. Harrison, City of Lynnwood Planning Dept. Marsha Huebner, City of Des Moines Planning Dept. Ann Kelson, City of Seattle Law Department Joyce C. Kling, City of Seattle Dept. of Construction Hank Lewis, City of Edmonds Planning Department John Mills, John Mills Inc. Gregory D. Moore, City of Redmond Planning Department Robert M. Morton, City of Redmond Police Department Don Muir, Butler-Walls-Darnell, Inc. Dennis Nixdorf, City of Seattle Police Department John Paddock, City of Lynnwood Police Department Steve Phelan, City of Tukwila Police Department Phil Webster, Webster Appraisal Inc. • A. D. Wyatt, City of Edmonds Police Department • • • • CONTENTS Section Pale STUDY SUMMARY • I. INTRODUCTION: PURPOSE AND SCOPE OF ADULT USE ZONING STUDY 1 II. STATE AND LOCAL LAW REGULATING ADULT USES 3 State Law Local Law and Zoning Policy IlL ADULT USES IN KENT 6 IV. THE LAND USE IMPACTS OF ADULT USES 9 Incidence of Crime Impacts to Property Values Land use Incompatibilities V. MAJOR CASES AND LEGAL GUIDELINES IN ADULT USE LAW 15 VI. ALTERNATIVE APPROACHES TO ADULT USE ZONING 20 Dispersion Approaches Concentration Approaches Modifies Dispersion/Concentration Approaches Special Approaches • Evaluation of Alternative Zoning Approaches VII. ADULT USE ZONING ALTERNATIVES FOR KENT: STUDY RECOMMENDATION - 26 • Planning Objectives and Criteria Analysis Zoning Alternatives for Kent Economic Costs Study Recommendation REFERENCES 38 • • • • • • • • SUMMARY CITY OF KENT ADULT USE ZONING STUDY Adult uses are.distinguished from similar non-adult businesses not only by the character of their product or service, but also by the nature of their land use impacts. As pointed out in this study, adult uses may have adverse impacts on surrounding land values, land use compatibility and the quality of the urban environment. To mitigate adverse impacts, many communities have turned to zoning. Based on the experiences of cities nationwide, zoning has proven to be an effective tool in contolling the total impact which adult uses have on the quality of urban life. The Kent Adult Use Zoning Study is a comprehensive look at the regulation of adult businesses through zoning. The study includes an in depth examination of the land use impacts of adult businesses, adult use law and legal guidelines, and zoning alternatives for mitigating the adverse effects of adult businesses. The residential, religious, educational and recreational environments of the Kent community are generally defined by the study. These areas require protection from the adverse land use impacts of adult uses. A range of alternative zoning approaches are explored for protection of these environments. Alternatives examined include: . Alternative 1 - Do Nothing. Maintain the existing zoning regulations. Alternative 2 - Allow adult uses only in commercial zones which are separated from Kent's residential, religious, educational and recreational environments. Alternative 3 - Allow adult uses only in industrial zones which are separated from protected uses. Alternative 4 - Allow adult uses by conditional use permit only. Alternative 5.- Prohibit certain adult uses altogether. -i- • • • • • These alternatives are evaluated in terms of how well each .protects the community's residential, religious, educational and recreational environments. Based on the evaluation of zoning alternatives and the planning objectives and criteria specified in the study, The Planning Department recommends that the City Council endorse Alternative 2 which permits specified adult uses in commercial zones that are located more than 1,000 feet (or some other distance standard) from residential zones, churches, parks and schools. Furthermore the study recommends that the planning staff develop zoning regulations which are consistent with this approach,'to include: 1. Specific commercial zones where adult business are permitted.. 2. A regulation which requires a minimum distance be maintained:between adult uses. • 3. Specific definitions of all regulated adult uses. 4. Gambling activities to be excluded from such zoning regulations. The Planning Department also feels that Alternative 5 (Prohibitioniof Certain Adult Uses) may be entirely realistic in spite of its uncertain legal status.' Therefore, the staff recommends this approach as an alternative to permitting adult uses in scattered commercial zones in the City. • -ii- • • I INTRODUCTION: PURPOSE AND SCOPE OF ADULT USE ZONING STUDYI The recent controversy over adult.motion picture theaters in other Puget Sound cities2 has served to remind the City of Kent of its own regulatory provisions related to adult uses. As this study indicates; the land use impacts of adult uses are unique and far-reaching, requiring special regulatory treatment to mitigate adverse impacts. Despite this uniqueness, however, current City zoning regulations do little to differentiate adult uses from general business activities. In addition, existing adult use regulations have been drafted in a piecemeal fashion and do not comprehensively address the special impacts associated with adult uses. The purpose of the adult use zoning study, as authorized by the Kent City Council, is to determine the effects of adult uses on surrounding businesses, residential neighborhoods, and the community in generaL By identifying these effects, the City will be able to better evaluate how to relieve adverse land use impacts through regulatory changes. A secondary objective is to discuss the ability of the City to provide services—primarily protective services--based on alternative locational requirements for adult uses. Finally, alternative zoning approaches for regulating adult uses are discussed in terms of their application to the Kent community. The scope of this study includes virtually all uses which are restricted to adults only (i.e., persons 18 years old and over). These uses include adult motion picture theaters, adult bookstores, adult motels, gambling establishments, massage parlors,3 body painting studios, and headshops. 1 This study was originally funded by the Kent City Council under the title, "Adult Entertainment District". The name has been changed to the Adult Use Zoning Study since some adult uses are not so much entertainment as they are participatory activities, such as gambling. In addition, the word 'district" presupposes that such uses will be concentrated in a single area or district by zoning regulations which would be adopted following the study. This is a decision properly made by the City Council and should not be presumed in the title of the study. 2 Two cities in .the Puget Sound area—Redmond and Renton—have recently been involved in controversies where motion picture theaters, previously oriented to family entertainment, changed to an emphasis on adult films. 3 Massage parlors are included as an adult use because operators and massagists are required to be 21 years of age or older by Kent City Code, Section 5.28.16. • Taverns, bars, cocktail lounges, and other places where alcoholic beverages are served are not within the scope of this study inasmuch as these uses do not include a specific adult activity mentioned above. To some people, adult entertainment is personally distasteful and disquieting. Attempts to regulate adult uses based purely on these motives, however, have been struck down by the courts. It is not with matters of taste and personal choice that this study is involved but rather the land use impacts associated with adult uses. The City of Kent seeks to determine if adult uses can be assimilated into the overall urban fabric with little adverse • impact to the business and residential environments. • • • i 1 f � II • • STATE AND LOCAL LAWS REGULATING ADULT USES State Law While federal and state laws address adult publications, films, and personal conduct, they do not regulate where adult businesses locate. This is a matter to be determined by local government. • • State law seeks to protect minors (persons under the age of 18) from sexually explicit films and publicatons. Under state law, such materials are defined as ". . .being patently offensive, affronting contemporary community standards, appealing to the prurient interests of minors in sex, and are utterly without redeeming social value," (RCW 9.68.050). Such books and films are required to be labelled "Adults Only", barring distribution to minors. Nude entertainment — such as topless dancing, strip tease, and the like - is permitted by state law although attendance by minors is prohibited. Such activities become violations of the Washington Criminal Code (RCW, Title 9A) if they evolve into acts defined as prostitution, indecent liberties, or public indecency. Massage parlors are regulated under state law (RCW 18.108) inasmuch as a state business license is required for the parlor itself and an operators license is required for each of the massagists employed on the premises. Massage parlors are "adult" uses only insofar as minors are prohibited from working in such activities. Gambling activities are authorized and regulated under provisions of the Gambling Act of 1913 (RCW 9.46). Essentially, gambling activities are allowed in Washington State only as a stimulant to business and for certain fund-raising purposes. Bingo, social card games, punch boards, pull tabs, and raffles are permitted, under certain conditions, provided such activities are not the dominant aspect of a business being conducted on the premises. State regulations place a host of limitations on gambling activities in order to ensure that such activities remain merely a stimulant to existing business. Minors aie prohibited from participating in any gambling activity. • Local Law and Zoning Policy Under local ordinances, certain adults uses are regulated by a disjointed collection of licensing requirements, zoning controls, and general public welfare provisions. No comprehensive set of regulations addresses all types of adult uses, and regulations relating to the location of such uses are conspicuously lacking. - I As a starting point, city zoning policies do not differentiate adult uses from other similar business establishments and activities. For example, an adult bookstore is simply a bookstore as far as existing zoning regulations are concerned, and it is permitted to be located in any zone which allows general bookstores. This same policy applies to other adult uses. As a result, adult uses may be located in the following Use districts according to existing zoning provisions Type of Adult Use Zone Permitted* Motion picture theater (adult) GC, HC, DC Bookstore (Adult) GC, HC, DC Body painting studio GC, DC • Massage parlor GC, DC Novelty shops (sex related) GC, DC Gambling (e.g., bingo) GC, HC, DC *Note: GC - General Commercial HC - Highway Commercial DC - Downtown Commercial Since the abovementioned commercial zones are dispersed throughi ut the City of Kent, the pattern of permissible locations for adult uses under current zoning regulations is consequently widespread. HC •(Highway Commercial) zoning is found primarily along • Highway 99 and the East Valley Highway north of downtown Kent. GC (General Commercial) zoning is found along Highway 99 and on the east and west sides of the downtown area. DC (Downtown Commercial) zoning is concentrated in the central business district of• downtown Kent. It should be noted that no HiC, GC, or DC zoning presently occurs in the East Hill area. . Gambling activities are somewhat unique when it comes to zoning regulations. That is, state law permits certain gambling activities such as bingo, punch boards, and pull tabs to be conducted by clubs, churches, and charitable organizations. Of course, state regulations require that such gambling activities be only an accessory or secondary part of said club, church, or organization. However, sice Kent zoning regulations allow churches and charitable organizations in non-business zones through the conditional use permit procedure, gambling activities may sometimes be located in the heart of well-established residential areas. The Kent City Code maintains special licensing requirements and procedures for massage parlors (KCC 5.28) and model or body painting studios (KCC 5.26). The purpose of such license requirements is to define proper employee and customer conduct, ensure qualified and legitimate service to the public, and outline special operating provisions relative to such uses. No special zoning or locational requirements are imposed as a part of the licensing procedure. A couple of recent City of Kent ordinances aimed at the general public welfare are worthy of note here. Ordinance 2312, passed in September 1981, addresses the conduct of persons (adults) on premises licensed under the authority of the Washington State Liquor Control Board. This ordinance prohibits topless dancing and other similar acts in places where alcoholic beverages are served. Ordinance 2242, adopted in August 1980, deals with the sale and display of drug paraphernalia. This ordinance prohibits minors from entering business establishments which sell and/or display devices which are designed or intended to be used for illegal consumption of drugs. • III ADULT USES IN KENT Gambling activities comprise the primary type of adult use currently found in the City of Kent. Besides gambling, the only other adult uses are an adult motel and a "headshop". At the present, time, no adult bookstore, adult theater, massage parlor, or body painting studio is operating within Kent City limits. Eighteen establishments — 10 taverns, 4 social clubs, 2 restaurants, a church and a bowling alley - currently conduct bingo, social card games, punch board and pull tab gambling activities. Pull tabs are the most prevalent form of gambling, being offered in 16 of 18 establishments. Bingo is conducted in 5 establishments while social card games are offered in only one location. Punch boards are available in three establishments. As shown on Map 1, 12 of the 18 estblishments where gambling is conducted are located in or near the downtown area of Kent. Of these establishments, 11 are businesses where punch boards and pull tabs are used as a business stimulant. Gambling is conducted at two locations in the East Hill area of Kent. In addition, two sites on West Hill offer gambling activities; both are located along Pacific Highway South. An adult motel (a motel where adult films may be shown in individual rooms) is located in the commercial strip along Meeker Street west of the downtown area. This use has been in operation for many years as a motel but has operated as an adult motel for only the past couple of years. Also, a "headshop" (a business where drug paraphernalia is sold or displayed) is located in the Benson Center shopping area on East Hill. Under local ordinance, minors are prohibited from entering such an establishment without the company of a parent or guardian. Within the past year, two adult uses have been closed by the City due to violations of their business license and/or criminal activity which has occurred on the premises. Until September 1981, topless dancing was offered at the Roadside Inn Tavern on Meeker Street west of the downtown area. Acts of prostitution and narcotics violation which occurred at the Roadside eventually led to its being closed by the City. ihe I: I* _ .T 1 j: 1 1 li ` i N i.....V. I; I� - �`1 lit• 1 -1,y,1,-1. roh 3. 1. • - - [ • • 14 sn S$�lt 1I , ( I it . .\* mr,,„,,,„0"/ f2 WS— : _1: •..._ . . ...34v:,-1. •—-. I -- IC•kg l• IP II 0 ( 'iceA. . r' \ I d g. I i i ttN1 ft it -..• ) . r".2 • 11)13L i •n•1 - :': . RENE ll PI) N' : —• ‘. e. „,.....,..._ ,..1, ....., 4 . vr...4......... • i E _ I. _ , VIRGINIA 1 (►t) A POOP OiCR 1Ar[1N (PI) , . WW - ._ ,,�: / �'• tl 11rA1 tAr[RN (C. PI) �• AOAIR t (►t) V{ , 1. . !! ..... i - . 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'' i -:' 1 - S 1 , 1 , ' 3 _ ^1' 6 r` 1- 11np RIM(MOM C - tare Room ''(•I' r1 Punch b•rJ T _-• __I i I' ........ .n —..•ram I • An ordinance passed by the City Council late last year then banned any kind of nudity at establishments licensed by the Washington State Liquor Control Board. A second adult use was closed by the City last year due to alleged violations of its business license. The closure involved a former massage parlor on Pacific Highway South which has since moved to a. location outside the City. (The following section of this report further details the history of these adult uses and discusses their impacts on surrounding residential and business environments.) • • tJ • IV • THE LAND USE IMPACTS OF ADULT USES In order to better plan for the regulation and location of adult uses, it is necessary to understand their special impacts. The purpose of this chapter is to examine the experience of other cummunities and the literature on the subject in order to ascertain these special impacts. Although much of the data and experience with adult uses is taken from other jurisdictions, many of them from within Puget Sound region, their implications for planning in the City of Kent are both relevant and illuminating. Incidence of Crime Between 1969 and 1972, the number of adult theaters in the City of Detroit increased from 2 to 18 and the number of adult bookstores rose from 2 to 21. During the same period, the incidence of crime in and around these establishments increased dramatically, although hard data on the actual numbers is hidden in gross criminal statistics. The high incidence of crime together with the blighting or skid-row effect of proliferating adult businesses led Detroit in 1972 to adopt stringent locational regulations for adult uses. Similar to Detroit, the City of Cleveland experienced a rapid increase of adult uses during the early 1970's. Unlike Detroit, Cleveland kept detailed crime statistics by census tract and by location of adult businesses. In 1976, 26 adult businesses (8 theaters and 18 bookstores) were located in Cleveland's 204 census tracts. The same year, the two census tracts having the highest rates of crime had a total of 8 pornography outlets. Cleveland Police statistics showed that during 1976 there was an average of 20.5 robberies ,per census tract. In the 15 census tracts which contained adult businesses, the average was nearly double at 40.5 robberies. A single census tract which contained 5 pornography outlets and a population of only 730 persons had a total of 136 robberies. The statistics for rape echoed the same pattern as for robbery. • The city-wide average of rape crime in Cleveland in 1976 was 2.4 per census tract. In the 15 census tracts containing pornography outlets, the rate was double that of the city-wide average. • • Furthermore, for four census tracts which contained a total of 10 adult uses, the average rate for rapes was 8.8 per tract, nearly four times the average for the city. The crime statistics compiled by the Police Department's Data Processing unit led the Department to state "The facts that were obtained verified what knowledgeable police officers had always been. aware of, and that is the incidence of crime is much greater in areas where smut outlets are located."4 Although hard crime statistics were not submitted, many of the respondents to the Planning Department's questionnaire stated that they felt the incidence of crime was related to the presence of adult businesses in their communities. IKent's own experience with the Roadside Inn Tavern serves to point this out, although it does not by itself prove that crime and adult uses are necessarily directly related. Prior to' its forced closing, the Roadside Inn offered topless dancing and table dancing in conjunction with its selling of alcoholic beverages. Kent police investigations conducted in the slimmer of 1981 revealed a very high incidence of criminal activity at the Roadside, related primarily to sex crimes (prostitution) and drug related offenses. As a• result of 57 hours of on-premise investigation, 162 charges were brought against 21 persons [by the Kent Police Department. The report filed by the police stated "The total time involved, and the number of charges, break down to a time expenditure of slightly more than 20 minutes per charge, attesting to the relative ease by which the subject of prostitution arises within an environment such as the Roadside."5 In September 1981, the Roadside Inn Tavern was closed by the City. Although crime statistics and police records seem to point to a connection between adult (primarily pornographic) uses and illicit behavior, psychological land behavioral studies attempting to link the two are more guarded. In 1970, the Presidential Commission on Obscenity and Pornography issued its final report which found "...no evidence... :that exposure to explicit sexual materials plays a significant role in the[,causation of delinquent or criminal behavior among youth or adults."6 4City of Cleveland Police Department memo, August 24, 1977. 5City'of. Kent Police Department memo, August 13, 1981. 6Presidential Commission on Obscenity and Pornography, Nevi York (1970), p. 32. • • Ever since the publication of the Commission's report in 1970, behavioral scientists have attempted to refute its conclusion, especially with reference to the relationship between violent pornography and aggressive (or criminal) behavior. Some recent studies by psychologists and social scientists7 indicate that under certain conditions, exposure to aggressive-erotic films and books can facilitate aggressive behavior, usually by men against women. The theory put forward by•these studies is that sadomasochistic sex presented through the media may erode the inhibitions of the male viewer which normally supress aggressive sexual (criminal) behavior. Watching an aggressive-erotic film, in other words, somehow makes the act of rape appear less immoral or injurious. Nevertheless, it is not the point of this report to prove that there is a link between sexual media and deviant or criminal behavior; the scientific community is obviously split on this issue as well as on the degree to which this relationship may or may not be true. The fact is, however, many prominent psychologists and social scientists believe there is a relationship and have conducted experiments in order to demonstrate it. In addition, the assertion that aggressive-erotica may spur criminal behavior appears to be getting more plausible, if not less debatable. In any case, we find the criminal data developed by various police agencies together with the scientific literature developed around the issue of aggressive-erotica and violence to be compelling reasons for differentiating between adult uses and other business activities insofar as regulatory treatment is concerned. Impacts to Property Values A spin-off effect of providing compatibility between urban land uses is the preservation and enhancement of property values. This effect is often cited as a major objective or purpose of zoning. 7SEE, for example; S. Feshbach and N. Malamuth, "Sex and Aggression: Proving the Link," Psychology Today (1978h E. Donnerstein, "Pornography and Violence Against Women," Annals of the New York Academy of Science (1979); Y. Jaffe, et aL, "Sexual Arousal and Behavioral Aggression," Journal of Personality and Social Psychology (1974); T: P. Meyer, "The Effects of Sexually Arousing and Violent Films on Aggressive Behavior," Journal of Sex Research (1972); and, P. H. Tannenbaum and D. Zillmann, "Emotional Arousal in the Facilitation of Aggression Through Communication," Advances in Experimental Social Psychology Vol. 8 (1975). • Nevertheless, a decline in property values is sometimes unavoidable, as in the case where there is a lack of market demand, a shift in locational preferences, or a downturn in general economic conditions. These unavoidable circumstances , cannot be mitigated through zoning. On the other hand, certain negative influences which bear on property value, such as land use incompatibility, can be dealt with through zoning regulations. For example, urban zoning generally seeks to avoid placing noisy, heavy, industrial uses in the same area with residential uses. Among other impacts, industrial' uses tend to have an adverse effect on the value of residential property. The severity ,of the adverse effect varies with the intensity of use and specific locational and developmental characteristics. In a similar vein, adult uses are incompatible with certain other land uses and, if juxtaposed, a reduction in 'property values may be a predictable result in certain cases. This expectation was borne out in a recent telephone survey of real estate appraisers conducted by the Kent Planning Department.8 In the Department's survey, all appraisers cautioned that each case must be evaluated individually and according to its particular circumstances. Nevertheless, the majority, of appraisers agreed that the impact of adult uses on residential property values is probably 'negative although no general rule can be applied. One appraiser estimated that the adverse effect could be as much as one to three percent of the property's total value. The total effect on property value depended on several factors including proximity to the adult use, exterior building appearance and condition of the adult business, neighborhood characteristics, among other factors. . There was also a consensus among appraisers on the effects of adult uses on commercial properties. As a general rule, most appraisers .felt that in cases where an adult use located in a commercial environment, little or no adverse impact would be expected either to surrounding businesses or property values. No appraiser surveyed expected that the impact on property values would be detrimental while one ventured that in a depressed commercial area the impact could potentially be favorable. • Land Use Incompatibilities Nationwide, the proliferation of adult uses has occurred primarily within the last 10-15 years. • 8Kent Planning Department, "Impacts of Adult Uses on Land Values A Survey of Appraiser's," August 1982 In the suburban Puget Sound area, the trend has been even more recent. As a result„ comprehensive studies dealing with the compatibility of adult uses with other specific land uses are nonexistent. The reports and studies which have been prepared are essentially confined to the individual experiences of a myriad communities where adult uses have sprouted. From the experience of Puget Sound communities researched by the Kent Planning Department, it can be stated that adult uses are incompatible with residential, educational, and religious uses, individually as well as collectively. This fact was demonstrated in the Greenwood area of Seattle in'the mid-1970's when a local theater began showing X-rated films. Residents of Greenwood complained loudly about increased traffic, undesirable patrons, lowered property values and other adverse impacts. Residents argued that theirs was an area of residences, churthes, schools, and social gathering places, a closely-knit neighborhood unaccustomed to adult theaters and the • disruptive impacts associated with such uses. In order to 'safeguard the character and quality of residential life in the Greenwood neighborhood, the City of Seattle adopted zoning regulations which, in effect, forced the closure of the adult theater. The owner then sued the city. In the litigation which ensued, Seattle was able to demonstrate in the record that the location of the adult theater in the Greenwood area had a harmful effect on that area and contributed to neighborhood blight. In upholding the City of Seattle, the Washington State Supreme Court agreed that the goal of preserving the quality of residential neighborhoods by prohibiting disruptive adult uses was a valid and substantial public interest.9 As mentioned in the previous chapter, a "topless" tavern recently disrupted the quality of life for some Kent residents. The incident involved the Roadside Inn Tavern — a .tavern offering topless table dancing — and the residents of an adjacent mobile home court. In July 1981, the residents of Bonel Mobile Home Court submitted a petition requesting the Kent City Council to revoke the business license of the Roadside. At the public hearing on the license revocation, residents complained about the Roadside's excessive noise and litter impacts which spilled over onto adjacent residential properties. As a result of public complaints and a police investigation of criminal activity at the tavern, the license for the Roadside was revoked by the City in September 1981. 9Northend Cinema v. City of Seattle, 90 Wn 2d 709, 585 P.2d 1153 (1978). Adult uses, especially pornographic establishments, have often been cited as incompatible with educational and religious uses. This was the case in the Greenwood example mentioned above. Seattle city planners maintained that the proximity of an adult theater to schools and churches was disruptive to. the residential community. In addition, the exposure or visibility of the adult theater to school-age children in the Greenwood area was viewed as detrimental to the quality of residential life. Residents of the area testified to the adverse effect of such a use on the family orientation of the neighborhood. These findings were made part of the court's record in the Greenwood case and helped form a basis for its decision in favor of the city.. Gambling activities, authorized in Washington State only since 1973, have received little attention insofar, as land use planning studies are concerned. With little research having been done in this area, the Kent Planning Department broke new ground by distributing a questionnaire 10 and interviewing police and planning personnel from other communities. The results of the Department's inquiry appear to indicate that gambling activities do not cause any special or undue land use impacts to neighboring uses above and beyond those normally associated with business enterprises. No one responding to the adult use questionnaire indicated that gambling caused any special land use compatibility problems for neighboring uses. During interviews, respondents ' revealed that gambling establishments were the source of very few complaint the ;complaints which were received emanated not from the general public or abutting properties but from the gambling participants themselves. 1 • • • 10 Kent Planning Department, "Adult Use Questionnaire," Planning Department Files, October 1982. • MAJOR CASES AND LEGAL GUIDELINES IN ADULT USE LAW Municipalities have been turning to zoning laws as a means of controlling the spread of adult establishments ever since the 1976 U.S. Supreme Court decision of Young v. American Mini Theaters 427 U.S. 50, 96 S.Ct. 2440 (1976). In this landmark case, the zoning regulations of the City of Detroit, Michigan, which prohibited specified adult uses from locating within 1,000 feet of one another, were upheld as a constitutionally valid exercise of the City's police power. Since the Young case, countless jurisdictions across the country have followed Detroit's lead, utilizing zoning regulations to control the • location of adult businesses. J ' Many of the new adult use zoning regulations have been challenged in the courts and not • all have enjoyed the same success as Detroit. Case law since Young demonstrates one very important point: regulations must be carefully drafted. Regulation of adult uses, especially with regard to theaters and bookstores which are protected under the First Amendment, walks a thin line between valid land use control and unconstitutional restraint of free speech. While each case is unique, the courts appear to follow four general rules or guidelines in deciding adult use zoning cases.11 These guidelines are discussed below in conjunction with some of the major cases • 1. Adult use zoning regulations must not be drawn so tight as to prohibit or severely restrict the location of adult businesses. In the Young case mentioned earlier, the U.S. Supreme Court maintained that pornography zoning is constitutional only so long as the "market for this commodity (adult entertainment) is essentially unrestrained." In other words, locational requirements imposed by zoning ordinances must ensure available sites for adult businesses. Detroit's regulations were upheld partly because they provided a sufficient number of available sites for existing and potential adult businesses. The 1,000 foot anti-clustering provision in the Detroit ordinance did not, in the opinion of the court, "significantly reduce public access to sexually oriented businesses." 11Much of the information discussed under these four guidelines is taken from Alan Weinstein, "Regulating Pornography: Recent Legal Trends," Land Use Law, February 1982; Also, SEE, Frederic A. Strom, Zoning Control of Sex Businesses, New York, 1977. • Although similar to the Detroit ordinance, adult use regulations ;in Atlanta, Georgia did not stand up under challenge in Purple Onion, Inc. v. Jackson, 511 F. Supp. 1207 (N.D. Georgia 1981). Enacted in 1976, Atlanta's regulations permitted adult uses in certain zone districts but only as long as they conformed to specific distance requirements from churches, residences, and other adult uses. Based on an analysis of site availability, the court found that only 10 sites in the whole of Atlanta were suitable for adult businesses. At the time of trial, 43 sexually oriented businesses were located in the city. The court invalidated Atlanta's ordinance, finding that it unconstitutionally;suppressed the public's access to sexually oriented businesses. + I In a similar case, CLR Corp. v. Henline, 520 F. Supp. 760 (W.D. Michigan 1981), the adult use regulations of Wyoming, Michigan, a city of 62,000 located adjacent to Grand Rapids, were struck down when the court found that they unreasonably restricted the location of adult businesses. During trial, it was revealed that the effect of the distance and zoning requirements rendered only two to four sites in the entire city available for adult businesses. Regulations of Cook County, Illinois, were also found too restraining in County of Cook v. - World Wide News Agency, 424 N.E. 2d 1173 (1981), but with a different twist. The Cook County ordinance limited adult businesses to a single zone district, required them to obtain a special. use permit, and contained distance provisions designed to protect residential areas. The court found the cumulative effect of these regulations to.be overly restrictive. 2. The basis for adult use zoning ordinances should be a factual record which relates such restrictions to recognized zoning purposes. • The Young ease established very early that adult use regulations must be directed toward protecting the health, safety, and general,welfare of the public in order to be sustained. In this case, the City of Detroit was able to convince the court through studies and the testimony of experts that its anti-clustering requirements prevented a skid-row effect and, hence, achieved a valid public purpose. . . The City of Seattle was also able to demonstrate that its regulations were related to valid zoning purposes in Northend Cinema, Inc. v. City of Seattle, 90. Wn.2d 709, 585 P.2d 1153 (1978). In this case, an adult theater began operations in the Greenwood area of Seattle, a residential community oriented to families. Based on •input from residents and statements by experts as to the incompatibility of adult theaters in residential environments, Seattle adopted regulations which . restricted adult theaters to the downtown area of the City, far removed from family-oriented neighborhoods. In upholding the City of Seattle, the Washington State Supreme Court found a direct • relationship between the adult theater regulations and the protection of the quality of residential life, a valid purpose of zoning. The City of Wyoming, Michigan, was not as fortunate as Seattle in the Henline case, cited earlier. In overturning Wyoming's pornography zoning ordinance, the court found that the city had failed to conduct any background studies of adult uses and their land use impacts. It was not enough, in the opinion of the court, to rely entirely on the legislative history of other cities. 3. Zoning ordinances should not grant broad discretionary powers to public officials to determine whether or not adult uses will be permitted. The courts will generally permit public officials to exercise discretionary powers relative to adult businesses only under limited circumstances. Discretion may be used to close or prohibit an adult use in cases where the authority to do so stems from an ordinance were such uses are not singled out for special, oftentimes discriminatory, treatment. Also, discretion may be used where strict limits on administrative authority and procedures work to safeguard First Amendment right s. • In Chulchian v. City of Indianapolis, 633 F.2d 27 (1980), the City's revocation of a business license for an adult theater was upheld by the court. In court, the City of Indianapolis showed that the business license ordinance applied to all businesses, not just•adult uses, Iand that the purpose of revocation was not directed at the content of the motion pictures. Finding that a .high incidence of crime took place on the premises and that neighboring residents considered the theater to be a nuisance, the court found the decision to close the theater a valid exercise of administrative authority. • I • Licensing procedures of Westmont, Illinois were thrown out by the court in Entertainment Concepts, Inc. v. Maciejewskit 631 F.2d 497 (1980). Westmont had established a three-member board whose purpose was to review motion pictures being shown in the community to determine whether or not they were obscene. If the board .found a movie to be obscene, the' theater's business license could be suspended. Further violations by the same theater could lead Ito a revocation of its business license. The court found the licensing ordinance insufficient in failing to provide adequate procedural protections of speech. The court found the "unbridled discretion" delegated to public officials a particularly objectionable part of the licensing procedures. In Genusa v. -City-of Peoria, 619 F.2d 1203 (1980), the court els. frowned on special inspection requirements for adult businesses. According to Peoria's business license ordinance, adult uses were singled out for a special inspection to determine city code compliance. To the court, this "selective enforcement" was an unconstitutional requirement which discriminated against uses distinguished by the content of the books or movies sold on the premises. 4. Ordinances must be clear in their language, especially in their definitions, making it easy to determine what is and what is not regulated. • Court challenges to adult use zoning regulations have consistently attacked ordinance wording and definitions on the grounds of unconstitutional vagueness. In the eyes of the court, vaguely drawn ordinances, especially definitions, act as a prior restraint on free speech and are commonly invalidated. This is especially true with regard to adult theaters and bookstores which are protected by the First Amendmi nt. Purple Onion, Inc. v. Jackson, supra, serves as one of the most blatant cases involving a challenge to unconstitutional vagueness. In this case,, the coul rt. found that Atlanta's definition of an "adult book store" could include any dwelling unit where adult publications were displayed: It also found that the Atlanta Civic Center could be defined, under the city's ordinance, as an adult entertainment establishment since, Ion occasion, the Center offered entertainment regulated by the ordinance. Broad, sweeping definitions were part of the reason for the court's invalidation of the Atlanta ordinance! Nearly all of the cases mentioned previously in this section have also involved a challenge • on the grounds of unconstitutional vagueness. In Entertainment Concepts, Inc. v. Maciejewski, supra, Westmont's ordinance was found to contain no definition of the term "adult movie," the precise use it was intended to regulate. Plaintiffs attacked the Indianapolis ordinance on grounds of not properly defining the word "permit" in Chulchian v. City of Indianapolis, supra. In both CLR Corp. v. Henline, supra, and Genusa v. City of Peoria, supra, the definition of "adult book store" was challenged as unconstitutionally vague. In Northend Cinema, Inc. v. City of Seattle, supra, Seattle's ordinance was attacked on the grounds that an "adult theater" was not properly defined, thus denying due process. Even in the landmark case of Young v. American Mini Theaters, supra, plaintiffs contested the definitions and procedures of the Detroit adult use zoning ordinance. Detroit's language ultimately held up in court, and since, many other cities have copied its definitions as well as its procedures and regulations. Of the cases cited in this analysis, only County of Cook v. World Wide News Agency, supra, did not involve a challenge to ordinance vagueness. Nor did it need to, for the ordinance was invalidated by the Illinois Appellate Court on a number of other grounds. Additional Comments Before going on to alternative zoning approaches for regulating adult uses, one additional point is worth noting. Adult motion picture theaters and adult bookstores enjoy protection under the First Amendment (free speech). As such, zoning regulations must be carefully drawn so as to not restrain the market for such activities. Gambling, massage parlors, and other adult uses are generally not protected under the First Amendment and regulations may be more direct and restrictive. Any effort by the City of Kent to regulate adult uses is aided by the courtroom experience of other cities' ordinances. These cases help us to understand how the courts view such regulations and what specific concerns opponents have. Nationwide, many different zoning approaches have been developed for regulating adult uses, as the following chapter will show. Ultimately, Kent, may choose to adopt a zoning scheme . similar to one used by other communities, or it may choose to develop its own unique approach. In either case, the legal guidelines discussed in this section will be helpful in drafting these regulations. • • VI ALTERNATIVE APPROACHES TO ADULT USE ZONING Because zoning regulations are an expression of local public policy, they differ widely from one community to another. This is certainly true for adult use zoning ordinances which have been adopted in the past 10 - 15 years. Some communities have followed Detroit's lead and require adult uses to disperse throughout the commercial areas of the city. Other communities have chosen different paths. Boston, for example, concentrates adult businesses in a seven-acre zoning district located in the commercial core. Seattle follows a similar scheme of concentrating adult uses but allows them in a much larger area of downtown. Norwalk, California designates certain adult uses as conditional uses 1 and requires them to obtain a conditional use permit. At this time, the City of Redmond, Washington is considering an approach somewhere between that of Detroit and Boston which allows adult uses in designated commercial zones as long as specific distance requirements are maintained. The nature of adult use zoning regulations is inextricably"related to a city's unique local circumstances. As the above examples demonstrate, there is no standard or magic zoning formula which can be applied to all communities. Regulations reflect local development policy, existing development patterns, local zoning practice, and methods of impact mitigation. But while the specific requirements of adult use zoning ordinances vary greatly, there appear to be four generalized approaches to land use regulations which are in common use: 1. Dispersion ordinances; 2. Concentration ordinances; • 3. Modified dispersion/concentration ordinances; and 4. Special ordinances (includes licensing approaches). These approaches are discussed individually below in conjunction with specific examples from cities and counties. Dispersion Approaches Dispersion-type ordinances seek to spread adult uses throughout a city as opposed to concentrating them. • Dispersion regulations commonly require that adult uses locate in designated commercial or industrial zone districts while maintaining specified minimum distances from such uses as schools, churches, public parks and residences. In addition, dispersion ordinances (also called "anti-clustering" ordinances) usually require that adult uses maintain certain distances between themselves. Perhaps the best known example of a dispersal approach is the City of Detroit ordinance mentioned earlier in, this study. Detroit's regulations prohibit adult uses from locating within 500 feet of a residential zone, and require that a minimum distance of 1,000 feet be maintained between any two adult uses. The result of these restrictions is a dispersed pattern of location. In Detroit's case, the purpose of dispersing adult uses was to prevent a "skid-row" effect in the commercial areas of the city. Detroit planners had noticed 'that concentrations of certain adult uses often resulted in decreased property value and urban blight, higher crime rates, traffic congestion, and depressed neighborhood conditions.12 The city's zoning restrictions which required dispersion of such uses were aimed at alleviating this skid-row effect. A dispersion policy also protects residential areas by helping to maintain their social and recreational integrity. Our research of Puget Sound jurisdictions did not uncover any "pure" example of a dispersion type ordinance presently in use. Most cities in this region utilize either a concentration or modified dispersion approach. Both of these approaches are discussed below. Concentration Approaches -- I The concentration approach seeks to cluster or concentrate adult fuses in certain areas, the opposite effect of a dispersion approach. The most common way to concentrate adult uses is by restricting them to a certain zone or district of thel city. Boston's "adult entertainment zone" is the most prominent example of a concentration approach. • 12William Toner, Regulating Sex Businesses. American Society of Planning Officials, Planning Advisory Report No. 327, (1977), p.2. Boston zoning regulations restrict adult uses to a special "overlay" district that applies to only seven acres of the city's downtown area.13 Called the "combat zone," this is the only area in the city where adult bookstores and theaters, peep shows, and strip joints may locate. The ordinance simply defines certain adult uses and adds them to the list of permitted uses in a specific part of downtown Boston. Concentration of adult uses seeks to confine the impacts of such uses to a small area. In effect, this prevents the spread of adult uses to other parts of the city. This approach is especially effective, at least in larger cities,' in keeping adult uses from encroaching on residential areas. It also has advantages for law enforcement since patrols can be more efficient and effective, although it is debatable whether this approach has any different impact on the incidence of crime than a dispersion policy. 1 The City of Seattle ordinance is a good example of a concentration policy. According to Seattle's regulations, adult theaters are restricted to two commercial zoning districts located only in the downtown core area. Seattle adopted its regulations in order to protect its residential neighborhoods from the adverse impacts associated with adult movie theaters. The City of Lynnwood also maintains a concentration type ordinance. There, adult entertainment establishments are confined to a single zoning district, called the "metropolitan commercial" zone, which is designated on the city's zoning map. Lynnwood implemented a concentration policy in order to preserve its residential neighborhoods, as Seattle did, but also to protect the community's business activities which were "sensitive" to the adverse effects commonly associated with adult uses. Modified Dispersion/Concentration Approaches • In many instances, the regulatory approach of a local government is neither purely a dispersion nor a concentration policy. Regulations oftentimes are borrowed from both types of approaches. Again, it should be stated that each municipality is unique and regulations that work in one community may not be appropriate or effective in another. In order to reduce adverse impacts while assimilating adult uses, it may be necessary to use a combination of regulations. The courts have allowed a variety of regulatory approaches for adult use zoning as long as the purposes of such regulations are valid. • 13Toner, p. 7. • • The City of Renton employs a modified dispersion approach for adult theaters. Renton's ordinance allows adult motion picture theaters in certain commercial zoning districts as long as minimum distances are maintained from schools, churches, residences, and public parks. The ordinance both concentrates adult theaters in certain zones and disperses them away from residences and social and educational institutions. It is not a pure dispersion ordinance, however, since it does not require a minimum distance between like uses. The City of Tukwila zoning regulations for adult theaters are a virtual mirror image of the Renton ordinance. As of August 1982, the City of.Redmond was considering a modified dispersion approach for all adult entertainment establishments. Under the proposed regulations, adult uses would be permitted in certain commercial districts provided minimum distances from religious, educational, and residential uses were maintained. Special Approaches A number of regulatory approaches do not fall neatly under either of the approaches previously mentioned. Some of these "special" approaches still involve zoning, however, while others deal with licensing procedures and regulations. An example of a special type of zoning approach is that of Norwalk, California. The Norwalk ordinance classifies adult bookstores as conditional uses, subject to the terms and procedures of a conditional use permit. Such uses may locate only in certain zones, they must conform to development standards and criteria specified in the ordinance, and they must undergo a special review and approval process by the planning commission and City Council. Norwalk's development standards which adult bookstores must conform to are aimed at mitigating the adverse impacts of such use.14 14A similar approach to Norwalk's was that of the City of Westmont, Illinois, • mentioned eadier in this report in connection with the court case Entertainment Concept, Inc. v. Maciejewski. Westmont's ordinance designated adult theaters as • "special uses", requiring a special use permit from the city council. The ordinance's lack of adequate standards and criteria, however, led to its invalidation by the . courts. Such special types of zoning must be carefully drawn, making sure to clarify the governmental interests being advanced, to give adequate criteria for decision making, and to safeguard the rights of operators under the First Amendment. Licensing of businesses or operators is a very common method of controlling or regulating the location of adult businesses. Most licensing ordinances relate only to such adult uses as massage parlors, strip joints, peep shows, and the like where the activity is not necessarily protected under the First Amendment and where local officials may exercise greater discretion in their decision making. Adult theaters and adult bookstores, whose content is protected under the First Amendment, generally are-not.included in adult use licensing ordinances. In ordinances where they do appear, regulations and procedures must be sensitive to the constitutional issues associated with the control of speech. • In a typical licensing approach, an adult business is permitted within certain zoning districts only after a license to operate is issued. The issuance of the license is generally • contingent upon an applicant's successful conformance to stipulated procedures of the ordinance. A license may be denied by the reviewing agency if it is left with an unfavorable impression of the proposed operation and its anticipated effects on the community. Typically, the location of the adult use is not regulated by the license ordinance but by zoning policy. The City of Kent's massage parlor ordinance (KCC 5.28) is a representative example of a licensing approach to adult use regulation. While the ordinance does not regulate where massage parlors may locate (city zoning allows them in specific zoning districts), it does stipulate a number of procedures which applicants for such a use must conform to in order to operate. These procedures require extensive information on the applicants and employees, specify facility standards and operational conditions for. the establishment, and stipulate special license fees. Kent also regulates and licenses body painting studios under procedures similar to those for massage parlors. Licenses for both massage.parlors and body painting studios may be denied by the City if the applicant fails to comply with any of the requirements of the license ordinance. Under Kent's ordinances, a license for any business (including'adult uses) can be revoked, once issued, if such activity becomes a public nuisance, as defined in KCC 9.04.08, or operates in violation of the provisons of KCC 5.02.42. Evaluation of Alternative Zoning Approaches • Generally speaking, the primary purpose of a dispersion zoning policy is to prevent a skid-row effect in commercial areas of a community. • • By requiring minimum distances between adult uses, their adverse impacts are diluted by surrounding business activities. Dispersion theoretically avoids•the cumulative impacts of declining property values and urban blight. On the other hand, dispersion approaches run the risk of spreading out the adverse impacts of adult businesses over a wider area. To mitigate this effect, many communities modify the dispersion approach by adding minimum distance requirements between adult uses and residential zones, churches, and schools. This modified dispersion policy has the advantage of protecting residential and other uses from the incompatibilities caused by adult uses. A common disadvantage of these modified approaches lies in their administration and enforcement. If not carefully drafted, the net effect of minimum distance requirements may be to eliminate suitable adult use sites, a result not favored by the courts. On the other hand, a concentration approach has the advantage of confining the adverse impacts of adult businesses to a predetermined, designated area. Usually the chosen district or zone where adult uses are permitted is located far from residential neighborhoods; hence, residences may receive the greatest protection from the adverse impacts of adult uses under this type of approach. However, by concentrating adult uses in a certain part of the City, the adverse impacts of each use may contribute to an overall or cumulative adverse impact to the adult use district. Possible cumulative effects could include decreased property values, increased criminal activity, and urban blight. Licensing ordinances are favored by many communities because of the leeway or flexibility they allow. Not only can such ordinances regulate where adult uses may locate, but also who, what, when, and how. Nevertheless, it is this same built-in flexibility which sometimes leads to abuses of administrative discretion. It is important to understand that both the objectives and the effects of each zoning approach are different. In order to frame zoning regulations for adult uses in Kent, local objectives or purposes must be established. In addition, the local context, in terms of existing zoning and development, must also be recognized. Only then can a zoning policy be created for adult uses that will seek to achieve the desired purpose and effect. • • VII ADULT USE ZONING ALTERNATIVES FOR KENT: STUDY RECOMMENDATION The form of this chapter follows a very straightforward, traditional planning approach. The first step in the process involves establishing planning objectives and criteria for the zoning regulation of adult uses. Following an analysis of the application of these criteria to the City of Kent, alternative zoning approaches are described. These alternatives are briefly evaluated for their anticipated advantages and disadvantages and, based on this evaluation, a staff recommendation (preferred alternative) is made. The staff recommendation (and, hence, the recommendation of this study) deals only with a general approach to adult use zoning; it does not specify exact zoning standards nor impose any new zoning classifications. Should the City Council decide to endorse the staff recommendation, a program would have to be initiated by the Planning Department to develop specific zoning regulations in order to actually implement the preferred regulatory approach. These proposed regulations, then, would have to be reviewed by the planning commission for a recommendation before being finally adopted by the City Council Planning Objectives and Criteria Zoning regulations of adult business should accomplish the following land use objectives Overall planning objective - To provide, through adequate zoning regulations, suitable sites or locations for adult uses which reduce or eliminate the adverse impacts associated with such uses. Planning objective 1 - Protect residential neighborhoods from incompatible •adult uses. Planning objective 2 - Protect the religious environment of the community from incompatible adult uses. Planning objective 3 Protect the integrity of public places such as parks, • particularly those which are primarily used by or oriented to minors, from incompatible adult uses. Planning objective 4 - Protect the community's educational environment, particularly, schools oriented to minors, from incompatible adult uses. Planning objective 5 - Protect commercial areas from the urban blighting effects of clustered adult uses. In order to accomplish the above-stated objectives, the following criteria could apply (the order of criteria corresponds to the order of objectives, above): • • Criteria 1 - Prohibit the location of adult uses within a specified minimum distance of residential zone districts. (One thousand feet is a commonly used standard.) Criteria 2 - Prohibit the location of adult uses within a specified minimum distance of churches. (One thousand feet is a commonly used standard.) Criteria 3 - Prohibit the location of adult uses within a specified minimum distance of public parks and playgrounds which are oriented to use by children. (One thousand feet is a commonly used standard.) Criteria 4 - Prohibit the location of adult uses within a specified minimum distance of public and private elementary land secondary schools. (One thousand feet is a commonly used standard.) Criteria 5 - Require a minimum distance to be maintained between two or more adult uses in areas where such used are permitted. (Five hundred feet is a commonly used standard.) Analysis Maps 2-5 illustrate the application of the criteria outlined above. j Map 2 depicts areas of the city which are located within 1000 feet of residential zone districts. Map 3 shows areas within 1000 feet of churches; Map 4 shows areas within 1000 feet of schools; and, Map 5 shows areas within 1000 feet of public parks and playgrounds; Map 6 is a composite map consisting of an overlaying of Maps 2-5. ;Therefore, areas which are darkened or shaded on Map 6 represent areas within 1000 feet of either a residential zone district, church, public park, or schooL For purposes of this discussion, we shall call this area the "protected area." The areas which are not shaded on;Map 6 represent areas which are more than 1000 feet from protected uses. Geographically, much of the central portion of the City of Kent Ines within the shaded protected area. That is, much of the area stretching from West Hill, across the Valley and through downtown to the east city limits on Fast Hill is either zoned for residential use or lies within 1000 feet of a school, park, or church. On the other, hand, the industrially • zoned valley lands lying generally north of S. 228th Street and south of the Green River (including the agricultural lands on the 'west and south sides of the Green River) are outside of the shaded protected area. Of. course, not all of the shaded area is currently zoned for commercial purposes and, therefore, not all of this area is potentially suitable for adult businesses. • Because current zoning policy does not allow commercial uses in industrial zone districts,15 virtually all of the M-1, M-2, M-3 and CM zones are unavailable for adult business without a major shift in zoning policy. Agricultural lands (R-A and M-A zones) also do not allow commercial uses and are unsuitable areas for any type of adult business. A closer examination of Map 6 and existing commercial zoning reveals several, small unshaded areas of potentially suitable commercial zoning for adult businesses. These locations are scattered around the city: • • Certain parcels located along Pacific Highway South .in the Midway area of West Hill; • Certain parcels located in an approximate two-block area of the Kent central business district, near the intersection of Second Avenue/Harrison Street; • Certain HC and CC-zoned parcels located along the East Valley Highway north of its intersection with the Valley Freeway, and along S. 180th Street on the north end of the City. While the above-described locations are generally small and scattered, they do represent areas which are isolated from protected uses. Field checks by the Planning Department staff indicate a varied development pattern at these sites, one which is probably adaptable for a variety of adult uses. It is quite obvious from Map 6 that large areas of the City's industrial district are located outside of the protected area. As mentioned, however, commercial uses are generally not permitted in the industrial districts under current zoning regulations. Nevertheless, for the sake of discussion and analysis, if existing zoning were to be modified to allow business activities in all or some of the industrial zones, substantial areas of the City would be opened up for adult use location which would be removed from Kent's primary residential, religious, educational, and recreational areas. Such a change would represent a major shift in zoning policy since the industrial zones would then be opened up to commercial development of all kinds. 15On1y commercial office and retail uses which are supportive and complementary to industrial districts are permitted in the M-1, M-2, and M-3 zones. 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Adult uses would continue to be undifferentiated from similar nonadult business activities and would be permitted outright in appropriate commercial zones. Alternative 2 is a modified dispersion approach for commerical zones. Under this alternative, specified adult uses would be permitted in the several small, scattered commercial districts generally identified on Map 6 as being located more than 1000 feet from any residential zone, church, public park or school. To discourage clustering of adult uses in any one of these small districts, a dispersal requirement could be included which • would require a minimum distance between two or more adult uses. Alternative 3 would permit adult uses in industrial zones. Uses could either be concentrated or dispersed in selected industrial areas, depending on specific regulations. It is contemplated that only industrial zones lying north of approximately S. 228th Street (and lying in the unshaded area on Map 6) would be considered as suitable locations for adult businesses. This alternative represents a significant change in current zoning policy since it requires opening up industrial zones to commerical/retail development. Alternative 4 would allow adult uses in selected commercial areas only by conditional use permit. Approval of use would be made by the Hearing Examiner after public notice and hearing, pursuant to Zoning Code, Section 8.3.2. The application for adult use of a proposed site would be subject to review according to a number of adopted guidelines or criteria which could be added to the zoning code. Alternative 5 would prohibit some or all adult uses altogether. Definitions would be developed for specific types of adult uses which would then be prohibited by specific regulatory language. • Table 1 EVALUATION OF ADULT USE ZONING ALTERNATIVES ZONING ALTERNATIVES NATURE OF REGULATIONS EVALUATION: ADVANTAGES/DISADVANTAGES The "No Action" alternative would Advantages: Maintaining existing regulations represents the maintain the existing zoning poi- least cost option in that no resources would be required to icy of allowing adult uses in draft and implement new regulations. designated commercial :ones throughout the city. Accordingly, Disadvantages: Present zoning policy does not specifically adult businesses could locate in seek to protect residential. educational, religious, and re- 1. No Action . the DC, GC, and HC districts, de- creational uses from the land use incompatibilities of adult pending on the nature of the spe- businesses. Sole schools, churches, and residential cific use. This :oning policy are currently located near commercial zones which may allow does not distinguish between bus- adult businesses under existing zoning regulations. As a - iness activities based on the result, the "No Action" alternative does not appear to miti- "adult" characteristic of certain gate the adverse land use impacts commonly associated with uses. adult businesses. Under this alternative, certain Advanta es: This alternative would seek to maintain the in- adult businesses would be permit- tegrity of the city's residential, educational, religious, ted in designated commercial and recreational environments by ensuring separation from zones which are not located with- incompatible adult uses. A dispersal requirement may also in 1.000 feet of any school, pub- help to mitigate against any blighting influence which adult lic park, church, or residential uses have on the business environment. area. According to Map 6, this 2. Modified Dispersion would restrict locations to small Disadvantages: There may be some administrative difficulties in Commercial Zones parts of the downtown area, West associated with defining all of the small, widespread areas Hill, and certain commercial where adult uses may be permitted. Administering regulations zones north of S. 228th Street. A may also be difficult. Subsequent study may indicate a dispersal requirement which would small number of eligible sites under this approach. require a specified minimum dis- • tance between adult uses could be included as part of this alterna- tive to avoid clustering of such uses in one area of the city. This approach would allow adult Advanta es:. This approach specifically defines a large area businesses in the industrial oo the as suitable for adult uses. In addition, the zones (M1, M2, and M3) in the gen- general area as described is separated from conflicting uses eral valley area located north of such as schools and residences. S. 228th Street and between the Green River and Valley Freeway. Disadvantages: To allow adult businesses in industrial zones This area is generally :n the un- would probably require a significant change in zoning policy. S. Concentration (or shaded area on Map o. Amendments Existing zoning allows only industrial uses with "supportive" Modified Dispersion to present zoning policy to allow retail uses in the M1, M2, and M3 districts. Allowing adult in Industrial Zones commercial uses in industrial businesses would also involve allowing other general business zones would have to be implement- activities; hence, a significant change in policy. ed. This alternative could be modified by requiring a minimum distance between adult uses in in- dustrial zones, in effect promot- ing dispersal of such uses. Under this alternative, certain Advantages: Depending on the particular guidelines or cri- adult uses would be permitted in teria developed, this alternative represents a flexible ion- specified commercial or industrial ing device which is able to respond to varying circumstances. zones by conditional use permit Through the adopted guidelines, protection of residential, (CUP) only. Therefore, approval educational, religious, and recreational uses could be would be made by the Hearing Exam- pursued. iner. 'Special criteria or guide- 4. Conditional Use lines relating to operational and/ Disadvantages: This alternative would likely involve higher Permit or locational characteristics administrative costs since each application would have to be could be included in the CUP ap- specially processed by the Hearing Examiner. Notwithstanding proval process in order to make the objectives of the Hearing Examiner system, this alter- the proposed use compatible with native may be susceptible to inconsistent or discriminatory its surrounding environment. (The treatment of adult uses. • CUP process could also be combined with either alternative 02 or 03, above.) • This alternative would prohibit Advantages: Under this alternative, the total community certain adult uses altogether. As would be protected from any adverse impacts of adult uses. anticipated, specific adult uses would be defined and regulations Disadvantages: Outright prohibition of all or certain adult S. Prohibition would be developed which prohib- uses, especially those which may be protected under the ited them from locating within the First Amendment, may be legally questionable. In addition, city. any economic benefits which might otherwise-accrue to the community by adult businesses would be foreclosed under this approach. The "No Action" alternative represents the least effective approach since, under existing zoning policy, adult uses would be allowed in most commercial zones irrespective of their location relative to schools, residences, parks and churches. Perhaps the most effective approach is represented by Alternative 5 (Prohibition of Specific Uses) which would prohibit certain adult uses altogether. While this alternative affords the greatest potential protection to the community from the impacts of adult uses, it may be the most legally uncertain alternative inasmuch as it may interfere with First Amendment (free speech and press) rights enjoyed by certain adult uses (such as adult theaters and bookstores). Alternatives 2, 3, and 4 all differ.slightly in their approach to adult use zoning, but they are probably similar in their effect — that is, all seek to protect schools, residences, churches, and parks. Alternative 3, which would allow adult businesses in industrial zones, probably presents the worst problems as far as implementation is concerned. Allowing adult businesses would also necessarily involve allowing other general business activities, undermining the purpose of the industrial zoning district and .detracting from downtown goals. Alternative 2 would restrict adult uses to appropriate commercial zones, although the total number of available sites may be quite limited. Administration of Alternative 4 is expected to be the most costly since it would involve a lengthy public involvement process each time an adult use was proposed. It also could be susceptible to inconsistent or discriminatory treatment of adult use applications. Economic Costs of Zoning Alternatives Two kinds of costs are associated with adult use zoning. First, there is the direct cost of administering the zoning ordinance, of creating, adopting, and applying the specific regulations. Second, there is the indirect cost of enforcement services associated with the policing of these uses. In the view of the Planning Department staff, however, the costs of administration and enforcement services are secondary to the benefits of protecting the community's residential, religious, educational, and recreational environments from potential land use incompatibilities. • The costs of administration, particularily the costs associated with developing and implementing the specific adult use zoning regulations, could be'mitigated by combining this effort with the on-going zoning ordinance revision project. Also, enforcement costs are currently low; very few adult uses other than gambling presently exist in the Kent community. Given the development of adult uses under either of the five zoning alternatives mentioned in the previous section, the difference 'in enforcement service costs is thought to be minimaL Study Recommendation - Preferred Alternative(s) Based on the preceding evaluation of alternatives and the findings of this study, the Planning Department recommends that the City Council endorse Alternative 2 (Modified Dispersion in Commercial Zones); and, furthermore, that the City Council direct the planning staff to develop adult use zoning regulations consistent with this approach, such regulations to be reviewed by the Planning Commission for recommendation to the City Council. Specific elements of these regulations should include: 1. Designated Commercial Zones where adult uses are permitted. This area should be reasonably separated from such uses as schools, parks, churches, and residential areas. Commercial areas which may be considered under this alternative include •the "unshaded" commercial zones shown generally on Map 6 of this study. 2. A dispersal requirement. Regulations should require that a r. imum distance be maintained between two or more adult uses within the designated commercial zones. 3. Specific definitions of regulated adult uses. Regulated adult uses should be well-defined so as to distinguish them from other business activities. Regulated uses might include adult bookstores, adult theaters, adult cabarets, adult sauna and massage parlors, adult bath houses, and adult retail stores. 4. Gambling activities to be excluded from such zoning regulations. At this time,. .gambling activities are regulated under the State Gambling Act of 1973 and are not considered a threat to Kent's residential, religious, educational, or recreational environments. Additional zoning regulations pertaining to gambling activities would not be a part of this zoning proposaL • While Alternative 2, above, may be preferable, the Planning Department staff also believes that Alternative 5 (prohibition of specific uses) may be entirely realistic in spite of its uncertain legal status. As shown by Map 6, much of Kent's commercial'zoning lies within a short distance of the community's schools, residences, parks, and churches. If these uses are to be protected from the impacts of incompatible adult businesses by a minimum distance standard, a substantial portion-of the City's commercial zoning is unsuitable for adult businesses. In addition, given that current zoning regulations do not allow commercial uses in industrial zone districts, much of the area that is separated from schools, residences, churches, and parks is, in fact, unsuitable for adult businesses. Based on these facts, a realistic and defensible regulatory approach may be to prohibit entirely certain adult uses which cannot reasonably be expected to be compatible with other general business activities in the City's several commercial zones. REFERENCES "Cities are turning to zoning to regulate pornographic uses," The Building Official and Code Administrator, February/March 1978. City of Cleveland (Ohio) Police Department Memo, August 24, 1977. • City of Kent Planning Department, "Adult Use Questionnaire," Planning Department Files, Ocotber 1982. City of Kent Planning Department, "Impacts of Adult Uses on Land Values A Survey of Appraisers," Planning Department Files, August 1982. City of Kent Police Department Memo, August 31, 1981. Dobbins, Howard W. "Regulation of Adult Theaters by Zoning," Virginia Town and My, December 1976. Presidential Commission on Obscenity and Pornography, New York, 1970. Strom, Frederic A. Zoning Control of Sex Business, New York, 1977. Toner, William. Regulating Sex Business, American Society of Planning Officials, P.A.S. Report No. 327, Chicago, 1977. Weinstein, Alan. "Regulating Pornography: Recent Legal Trends," Land Use Law, February 1982. •. . • • A STUDY ON THE NEED TO REGULATE • THE LOCATION OF ADULT ENTERTAINMENT USES PART I CITY OF BELLEVUE PLANNING DEPARTMENT SEPTEMBER, 1987 EXHIBIT : I -- _ E-2 1 I. TABLE OF CONTENTS PART I PAGE INTRODUCTION 1 SCOPE AND DEFINITION 2 LEGAL BASIS FOR REGULATIONS 6 SECONDARY LAND USE IMPACTS 8 TYPES OF REGULATIONS 12 ADJACENT CITIES REGULATIONS 15 THE CURRENT SITUATION IN BELLEVUE 18 PART II 21 BIBLIOGRAPHY. 22 • APPENDIX I 25 MINUTES •FROM PUBLIC MEETINGS - JUNE 1987 2612k INTRODUCTION The purpose of this study is to provide aninformaiionhbase, onir adultions on t entertainment uses to aid the Planning Commission of the need to regulate the location of ad�nformation,lt nwill beuses. presentedIto the thisstudy, which is composed of background presented thiso Planning Commission prior to their September 16th public meeting. public meeting, the public will providheir entertamnment usesents on e need aand subsequent e of regulations that may be adopted for adultwhich Planning Commission meeting, staff will present Part II of. the study, will include an analysis and recommendation as aas,to the need for regulation and the form that any necessary regulation should The United States Supreme Court in The Cit of Renton the vs. CPity'sla time Theatres Inc. (U.S. 89 L.Ed.29, S.Ct. (1986)) recently upheld develophori to zoning e In ns additionftoally thisfor the determination that ation of d regulation can entertainment uses. In not effectively ban such uses, the Court identified three factors which are critical in the preparation of such a�ltgentertainment that uses;the rthatathen deal with only the secondary effects of a an experiences of other cities can be used in developing thisregulion; and that cities can choose the form of regulation which is appropriate P particular city, even fappropriatethc cited information different logicalumanner approach.tthe Inl order to missprovide thewill follow a format of responding to each of Planning Commission, this study these factors. . Part I of this study will privide a generlbckgrsunddd on ththe wissueie ofuss the regulating the location of adult entertainment secondary impacts of such uses. the with a description experiences other thecommunities will be discussed. Part I will conclude situation in Bellevue. Part II omf regulaton nfr pres later date)ented t Bellevuell(ifddress the third factor, the appropriate necessary). Included with Part I is a bibliography listing studies, articles, correspondence and reference materials from adjacent municipalities. All materials listed in the bibliography Appendix I, of e the Bellevue Planning Department. Also included in Part I, as minutes from two public hearings, conducted by City of Bellevue staff, concerned with regulating the location of adult entertainment uses. -1- • • SCOPE AND DEFINITIONS Ge nerally l adult entertainment uses are those uses which eaten -to adults' interest in sex. Adult entertainment uses generally are grouped into three categories: adult theatre (which includes movie theatres, drive-ins, peep shows and panorams as well as live entertainment and dance halls/cabarets); • adult retail stores such asbooksores, video arlors,• bathhousesaandls asaunaseltCurrently stores; and adult services such as massa g Po Bellevue, with the excons uses�sted Suchbelow, uses arelcurrently are permattednor differently than all other conditionally permitted in the following zones. USE ZONES PERMITTED WITHIN Adult Theatre Off ice - Limited Business, Community 'Business and all CBD zones (drive-ins only in Light Industrial , General Commercial and Community Business) Adult Retail Office - Limited Business, CommunityiBusiness and all CBD zones Adult Services Office - Limited Business, Light Industrial , General Commercial , Neighborhood Business, Community Business and all CBD zones Certain of the above described adult uses or their possible effects are regulated in Bellevue through either the Bellevue City Code (BCC) or the Revised Code of Washington (RCW). These regulations and their effects are described below. • RCW 7.48 A, entitled Moral Nuisances, provides a right of ciyil action for the exhibition of nonprotected adult materials. For constitutional purposes, "adult materials" can be divided into two categories, protected and nonprotected materials. Nonprotected materials can be regulated to the extent desired, even banned completely. Protected materials, however, even though objectionable, may be only regulated as to the time, manner, ior place of their dissemination. In order to lose constitutional protection, adult material must: (1) depict or describe patently offensive explicit sexual acts, (2) which an average person, when applying contemporary community standards, would • find appeal to the prurient interest and (3) lack any serious literary, artistic, political or scientific value. This chapter represents the enforcement vehicle for the regulation of nonprotected adult! material in the State of Washington. RCW 9.68, entitled Obscenity and Pornography, addresses the 'sale of protected adult material to minors. It is a criminal statute. The statute defines such "erotic material" as: Printed material , photographs, pictures, motion pictursl, and . otther ere material the dominant theme of which taken as a apPea prurient interest of minors in sex; which is patently offensive because it affronts contemporary community standards relating to description or representation of sexual matters or sadomasochistic abuse; and is utterly • without redeeming social value. -2- similar to. the The definition definition of rotectedmaterial materials,ths although very in one important definition of de prurient interest of minors. Thus, �:_1` respect. It is defined in terms of the p the definition attempts to address materiiawhih, hogh not caching the is consideredinappropriate threshold of nonprotection, the County Prosecutor Before any material may be regulated courtnfor ahis heari�ngtto,determine the hr rt apply he to the s nrio the distributor materialis determined erotic by the court, the character of the material and serve notice of the hearing upon of the material . If regulations take effect. label printed in 48 If the material is printed material , then an "adults only" point bold face type must be affixed to the material . Oncecdesignated,rthat materialinreadily may not be displayed publicly oranymanner accessible to minors; nor may it be sold to minors. If thematerial is a motion picture, the motion:picture and any advertisement must be. labeled P " and a sign stating "adults only" must be displayed at the theater.le . se only, Likewise, the exhibitor may not setfiatiiteis unlawful minors for and minors. to display a sign at the ticket window stating misrepresent their age. RCW 9.68 .also regulates exhibitionibfe1sexually explicit material" upon a viewing screen that is easily vis public areas (e.g. , drive-ins). BCC 5.28 entitled. Massa e .Parlors and PublicB BathhouSes, licenses the use of f such establishments .in the City of Bellevue. but merely sets distinction between ."adult" and other such establishments, lems forth licensing requirements. The ordinance, however, does address problems _4_, associated with "adult" massage parlors and bathhouses. First, the ordinance requ ires that anyone applying for issuance ri renewal of ation licenseand for suchnan establishment must submit to a police record a license can be suspended, revoked, or efuseddto beor a newedctiothe basis of conviction of any crime involving moralrP itu ,violating' a federal , state or local law to sexooff denses. Secondly, rson the .ordinance prohibits admitting any pros upon the premises. BCC 5.44, entitled Panoram Device's, adds problems h fasslciatedawithn"peeps eowl. The ordinancer provides fot sslicensing or curtain on regulations which address problems associated with them: (1) all panoram booths must be visible from one continuous hall , (2) any)dooro doors may be the booths must be at least 42 inches from floor, be adequately locked during operating hours, and (4) premises illuminated. The ordinance is not content oriented and is not limited to facilities exhibiting adult material . BCC 10CoredA.88 entitled Offenses A ainst Public Morals , addressesupublinerchphysical actsis which are obscene. It is a criminal °a lewd behavior, erotic dancing, ordinance are such things as public nudity and and prostitution. BCC 5. 06 and BCC 5.08 deal with the licensing orovideimeOchacear smsnd Dance Halls (5.06) and Cabarets (5.08) • Both regulations p suspension or revocation of the licenses for similar activities as those -3- • . ,i f1J r ,r' f • rn'1 LEGAL BASIS FOR REGULATION�cld ;, (��� ,.�r of i, Cities in Washington State have the authority tour development through the state constitut' -ag-Ihe Revised Code of Washington. While this author' ows cities to regulate the location of adult land uses in City of Renton vs. Playtime Theatres Inc. , the federal-co'nstitution prevails in the regulation of the content of adult e, artainment_publications, films and personal conduct. Many materials or activities which may be considered to be pornographic are within the protection of the First Amendment, which prohibits laws "abridging freedom of speech, or of the press." This protection prevents the regulation of the content of such materials or activities as protected speech. However, this protection does not extend to materials which are determined by the appropriate court to be obscene. Although the Citycannot regulate the content of printed or visual materials , or performances, :it may make reasonable regulations concerning the time, place or manner of their exhibition. In addition, as free speech jis guaranteed by the federal constitution, use regulations cannot have the effect of excluding certain adult materials. However, regulations which seek to mitigate the secondary effects of adult entertainment uses have been held to be valid. Such secondary effects include: increased crime,, reduction in property values, deterioration of the quality of the environment of neighborhoods, lessening of the suitability of certain areas for children, seniors or other groups, or increased municipal expenses such as for police services. In Northend Cinema, Inc. vs. City of Seattle, 90 Wn.2d.709 585 p.2d 1153 (1978), the Washington State Supreme Court upheld an ordinance restricting adult theaters to a certain area of the city (and putting two in other locations out of business) . This regulation was based, on the determination that the motion pictures were not harmful , but their secondary impacts on the surrounding neighborhoods were. In Schad vs. Mt. Ephraim (452 U.S. 61 , 68 L.Ed. 671 , IOTA. Ct 2176 (1981)), three tests were established to measure the constitutionality of adult land use regulations: 1 . The regulation must be no greater than the minimuminecessary to further the governmental interest; and 2. The City must use the least intrusive method found Ito regulate this conduct; and 3. The regulation cannot be so restrictive as to constitute an actual ban on the activity. However, it is the City of Renton vs. Playtime Theaters decision which most clearly gives authority to cities to regulate the location of adult uses. In Playtime, supra, the Supreme Court upheld a Renton zoning ordinance which prohibited adult motion picture theatres from locating within 1 ,000 feet of any residential zone, single or multifamily dwelling, church, park or school . The ordinance was upheld as a valid form of "content-neutral" regulation of time, place, and manner of expression. However, the court did identify . factors that were critical to their favorable. review: 1) that the ordinance did not ban adult theatres totally within the area, 2) thatIthe City Council 's predominant concern was with the secondary effects on the surrounding -r- • community and not with the- content of the films themselves, 3) that the City 'was entitled to rely on the experience of other cities (e.g. a Seattle study) in enacting the ordinance, and finally, 4) that the City's choice of a • different method of adult theatre zoning to combat the secondary effects of adult theatres did not call into. question either the City's identification of those secondary effects or the relevance of the other city's experience. Therefore, it is permissible, as long as the various tests are met, for the City of Bellevue to enact regulations concerning the location of adult entertainment uses.. Further, the City can utilize the experiences of other communities as a basis for enacting such legislation even if there are no secondary effects currently being created by any adult entertainment uses now in the city. In other words, the legislation can be preventive and not just corrective. • • • • r ' • 7!f,' ' ,r �' '�'-1 Ul,(A;z4,_l L. cJ ) 1 1 l rr r n ' ILC.CS._ - 2 - f \ U) /n! -7- 1 1 SECONDARY.FFFE ,,o r 1'dult en tainment regulation m seekjto mitigate the secondary imjpacts of uses. ,�.The purpose of this sfion is to ilij'�-L` examine the experience of other communities and the literature onithe subject , ., 'em v in order to ascertain these secondary impacts. > experience with adult uses i ons, their . . - �`' .f i • ons o Bellevue•are.-si-gr�� ` Incidence of Crime :_.,.ji" `Il�Cj . .&L�)- 1 . _L� ." '%. `r• -, i� While it can be debated whether exposure to pornography causes .de;iinquent or •{:pi--."-' • criminal behavior (please see the bibliography for research studi'es), police ' ., ' � research, as described below, shows a linkage between crime rates and areas '' '' niNe-.. k. ' which contain concentrations of adult entertainment uses (also see the , nJ,- .1.,� bibliography for further research). ,0.,` ` For example, between 1969 and 1972, the number of adult theaters lin the City ', `•,)� ; • of Detroit increased from 2 to 18 and the number of adult bookstores rose from . 2 to 21. During the same period, the incidence of crime in and around these .'.ti-ti1„1�•`1 establishments increased dramatically, although hard data on theiactual • ,. • ; numbers is hidden in gross .criminal statistics. The high incidence of crime together with the blighting or skid row effect of proliferating adult IN�',W0: businesses led Detroit in 1972 to adopt stringent locational regulations for " L� ') L adult uses. 1 i'v,yA.:-• .— v Similar to Detroit, the City of Cleveland experienced a rapid increase of �- I'� • h• � I adult uses duringthe early1970's. Unlike Detroit, Cleveland ke t detailed L •l+`' - , V .., , crime statistics bycensus tractand by location of adult businesses. In • 'i. 1976, 26 adult businesses (8 theaters and 18 bookstores) were located in . , 1w•� ,x Cleveland's 204 census tracts. The same year, the two census tracts having .,'� j the highest rates of crime had a total of 8 pornography outlets.] Cleveland bC �� -^S • Police statistics showed that during 1976 there was an average of 20.5 h,L,-' robberies per census tract. In the 15 census tracts which contained adult IA.; .,.1) �` Y businesses, the average was nearly double at 40.5 robberies. Atingle census . j' ,,,,, 4`3v tract which contained. 5 pornography outlets and a population of only 730 '�`' i persons had a total of 136 robberies. The statistics for rape echoed the same ,;1�4''=' pattern as for robbery. The citywide average of rape in Cleveland in 1976 was.' ,,U 2.4 per census tract. In the 15 census tracts containing pornography outlets;, , ` the rate was double that. ____ -------------- ___ - i _ -- - - - --- - The City of Kent, Washington had similar experiences with the Roadside Inn Tavern. Prior to its forced closing, the Roadside Inn offered topless dancing and table dancing in conjunction with its selling of alcoholic beverages. Kent. police investigations conducted in the summer of 1981 revealed a very high incidence of criminal activity at the Roadside, related primarily, to sex crimes (prostitution) and drug related offenses. As a result of 57 hours of on-premise investigation, 162 charges were brought against 21 persons by the Kent Police Department. The report filed by the police stated: "The total , time involved, -and the number of charges, break down to a time expenditure of slightly more than 20 minutes per charge, attesting to the relative-vase by which the subject of prostitution arises within an environment such as the Roadside." In September, 1981, the Roadside Inn Tavern was closed by the City of Kent. \/ L�iq --r',\L_ C; I. r11 :_ 'e- _A - �,4 - - - ^l‘(` vL {\ry� Ili a. !�1.47,,i-UJ_.1..`fr?- ' f I//‘• Y :— ' 7 - -; G' ham ,f-k- A-t,' --1I►,� eol , �c . (v�1Z.tc-- �L��. -8- • • Bothel.l 's experiences with Mama Hoopah's in 1982 demonstrated similar association between the use (an adult dance hall) and the occurrence of • crime. Research by the Bothell Police Department also demonstrated the regional attraction that such an establishment can have. In one investigation of the 321 vehicles checked, 8 were registered in Bothell with most of the remainder from the .Puget .Sound region, though others had out of state registration. This is potentially significant in that nonresidents of an area may be less inhibited in their personal. behavior when away from their community. Nonresidents may also be unaware of the needs or concerns of . residents/owners of areas adjacent to the adult entertainment use. Although crime statistics and police records seem to point to a connection between adult (primarily pornographic) uses and illicit behavior, psychological and behavioral studies attempting to link the two are more guarded. In 1970, the Presidential Commission on Obscenity.and Pornography issued its final report which found no evidence to support the theory that exposure to explicit sexual materials plays a major role in causing delinquent or criminal behavior. Since then, there has been' a significant debate as to the linkage with the 'Meese Commission's concluding that there is a linkage. This debate leads to the conclusion that while police records identify a clear linkage between the incidence of criminal activity near and in association with some adult uses, there is no clear concensus that exposure to pornography causes people to become criminals. Impacts to Property Values Many times adult uses are incompatible and inappropriate when adjacent to certain other land uses. A predictable result of such a situation is a reduction in property values in certain cases. This expectation was borne out in a reeerrt telephone survey of real estate appraisers conducted by the Kent Planning Department. In this survey, all appraisers cautioned that each case must be evaluated individually and according to its particular circumstances. Nevertheless, the majority of appraisers agreed that the impact of adult uses on residential property values is probably negative although no general rule can be applied. , One appraiser estimated that the adverse effect could be as much as one to three percent of the property's total value. The total effect on property value depended on several factors including proximity to the adult use, exterior building appearance and condition of the adult business, neighborhood characteristics, among- other factors. This survey also stated that there was also a consensus among appraisers on the effects of adult uses on commercial properties.. As a general rule, most appraisers felt that in cases where an adult use located in a commercial 'environment, little or no. adverse impact would be expected either to surrounding businesses or property values. No appraiser surveyed expected that the impact on property values would be detrimental while one ventured that in a depressed commercial area the impact could be potentially favorable. • This research can lead to the conclusion that in order to protect property values, adult uses should only be located in commercial areas and not adjacent to any residential uses. Within Bellevue., where there are currently three adult uses (Love Pantry, Love Works and R&R Adult toys), there appears to be no inability to lease adjacent store spaces nor deterioration to surrounding structures and areas. Please - note, however, that these uses are widely dispersed and centrally located in established commercial areas. -9- • Land Use Incompatibilities Nationwide, the proliferation of adult uses has occurred primarily within the last 10-15 years. In the suburban Puget Soundears a, the dealing with; thas been even more recent. As a result, 'comprehePu compatibility of adult uses with other specific land uses• are nonexistent. The reports and studies which have been prepd, aretessentiallyelconfined toe the individual experiences of communities where afollowing examples demonstrate these impacts. Based on the experience of certain Puget Sound communities, it has been demonstrated in the past that adult uses are incompatible with residential , educational , and religious uses. This fact was best demonstrated in the Greenwood area of Seattle in the mid-1970's when a local theater began showing X-rated films. Residents of Greenwood complained loudly about increased traffic, undesirable patrons, lowered property values and other adverse , impacts. Residents argued that theirs was an area of residences, churches, schools, and social gathering places, a closely-knit neighborhood unaccustomed to adult theaters and the disruptive impacts associated with such uses. In order to safeguard the character and quality of residential life in the Greenwood neighborhood, the City of Seattle adopted zoning reO.lations which, in effect, forced the closure of the adult theater. The ownelr then sued the City. In the litigation which ensued, Seattle was able to demonstrate in the record that the location of the adult theater in the Greenwood area had a harmful effect on that area and contributed to neighborhood blight. In upholding the City of Seattle, the Washington State Supreme Court (Northend Cinema vs. City of Seattle) agreed that the goal of preserving the quality of residential neighborhoods by prohibiting disruptive- adult uses was a valid and substantial public interest. The Greenwood example also points out that residents'/owners'; perceptions may be major factors in siting adult uses. While there may be no tangible reasons that an adult use may negatively affect the property values Of a neighborhood, if enough owners believe this to be the case, their actions or inactions may cause their perceptions to become reality. Likewise, a "topless" tavern disrupted the quality of life for some Kent residents. The incident involved the Roadside Inn Tavern - a tavern offering topless table dancing -- and. the residents of an adjacent mobile home court. In July 1981 , the residents of Bonel Mobile Home Court submitted a petition requesting the Kent City Council to revoke the business license of the Roadside. At the public hearing on the license revocation, residents complained about the Roadside's excessive noise and litter impacts which spilled over onto adjacent residential properties. As a result of public complaints and Roadsidea police was reoked by the City in Septeber 1981 . � svnf � lcmtavern, the license for the To conclude, research has shown that there may be negative secondary effects which occur when adult entertainment uses (or a concentration .of such uses) are located in a neighborhood. Such factors as higher crime rates, lowered property values-, or neighborhood deterioration may be associated with adult uses. However, each situation is different and it is not possible to state that adult uses will lead to the identified secondary effects, only that there is a possibility that the secondary effects may occur. It also is reasonable -10- to conclude that as the numbers and concentration of adult uses increase (particularly if adjacent to residential or other sensitive areas), there is a greater potential for the secondary effects•associated with adult uses to occur. With the potential secondary impacts described, it is now appropriate to review the types of provisions that other cities have utilized to regulate the location of adult uses.•. • • • • • -11- • TYPES OF REGULATION Because zoning regulations are an expression of local pcublicnpolicy, for widely from one community to another. This use zoning ordinances which ha�e been adulted in uses toedpsperse throughout theast 10-15 years. • communities, such as Detroit, q commercial areas of the City. Other communities have chosen different paths. Boston, for example, concentrates adult core.buSeattlesfollows in a eaesmilarnJracre zscheg me of district located in the commercial h concentrating adult uses, but allows in a nraamchdl rgerearea the downtown. Norwalk, California designatesu uses and requires them to obtain a conditional use permit. The nature of adult use zoning regulations is inextricablyrrelatemste, edetoe ascity' s unique local circumstances. As the eabove all communities. Regulations reflect standard formula which can be applied local development policy, existing development patterns, lo the cal oning practice, and methods of impact mitigation. hile there appear to be. requirementsic ona of adult use ces vary which are commonly used. four generalized approaches 1 . Dispersion Ordinances; 2. Concentration Ordinances; 3. Modified Dispersion/Concentration Ordinances; and 4. Special Ordinances (includes licensing approaches). • Dispersion Approaches Dispersion—type ordinances seek to spread adult uses throughout a city as opposed to concentrating them. Dispersion regulations commonly stricts whaleire tht amaintaining specifieddult uses localte in eminimusignated commercial or industrial zone di distances from such uses as rdces(alsorcalledpublic parks and"anti clustering°eordinances) In addition, dispersion ordinances usually require that adult uses maintain certain distances bletween themselves. Perhaps the best known example of a dispersal approach OisbthlieaCi yt ofes DDetroit ordinance mentioned earlier. Detroit's regulations prohibit tha locating within 500 feet ° antained residential betweenzone, anyand tworequire usest aThenresult imum distance of 1 ,000 feet be ma of these restrictions is a dispersed pattern of location. Concentration Approaches • The concentration approach seeks to cluster or concentrate adult uses in certain areas, .the opposite effect of a dispersion approach The most common way to concentrate adult uses is by restricting them to a certain zone or district of the City. • _19- • • • Boston's "adult entertainment zones the n prominent restrictexample adult uses to a concentration approach. Boston zoning regulations special "overlay" district that applies to the City's downtown area. Called the "combat zone," this is the only area in the city where adult bookstores, theaters and peep shows may locate. The ordinance simply defines certain adult uses and adds them to the list of permitted uses in a specific part of downtown Boston. The City of Seattle ordinance is also a good example of a concentration policy. According to Seattle's regulations, adult theaters are restricted to. two commercial zoning districts located only in the downtown core area. Modified Dispersion/Concentration Approaches In many instances, the regulatory approach of a local government is neither • purely a dispersion nor a concentration policy. Regulations often times are borrowed from both types of approaches. In order to reduce adverse impacts while assimilating adult uses, it may be necessary to use a combination of regulations. The courts have allowed a variety of regulatory approaches for adult use zoning as long as the purposes of such regulations are valid. The City of Renton employs a modified dispersion approach for adult theaters. Renton's ordinance allows adult motion picture theaters in certain .commercial zoning districts as long as minimum distances are maintained from schools, churches, residences, and public parks. • The ordinance both concentrates adult theaters in certain zones and disperses them away from residences and social and educational institutions. It is not a pure dispersion ordinance, however, since it does not require a minimum distance between like uses. Special Approaches A number of regulatory approaches do not fall neatly under either of the approaches previously mentioned. Some of these "special" approaches still involve zoning, however, while others deal with licensing procedures and regulations. An example of a special type of zoning approach is that of Norwalk, California. The Norwalk ordinance classifies adult bookstores as conditional uses, subject to the terms and procedures of a conditional use permit. Licensing of businesses or operators is a very common method of controlling or regulating the location of adult businesses. Most licensing ordinances relate only to such adult uses as massage parlors, panorams, and the like where the activity is not necessarily protected under the First Amendment and where local officials may exercise greater discretion in their decision making. Adult theaters and adult bookstores, whose content is protected under the First Amendment, generally are not included in adult use .licensing or ordinances. In ordinances where they do appear, regulations and procedures must be sensitive to the constitutional issues associated with the control of speech. In Bellevue, such uses as public dances/dance halls, cabarets, massage parlors./bathhouses and panoram devices are all licensed uses. In conclusion, various cities have approached the problem of regulating the location of adult entertainment uses differently but successfully. The courts have also been quite specific in allowing cities to choose the course most -13- suitable to their conditions. The next section will describe t ;howevariousnt s adjacent cities have chosen to regulate the location of issues. • • • • ' • I 1 ' I . I • I; • I -14- • ADJACENT CITIES' REGULATIONS • Having described the various approaches that can be taken by other cities to regulate the location of adult entertainment uses, it is now appropriate to focus on cities adjacent to Bellevue.. Seattle As was described earlier, Seattle initiated a change to their zoning code to restrict and concentrate adult entertainment uses to the downtown core area. This amendment caused the closure of an adult theatre in the Greenwood area for which there was a court challenge. The Washington State Supreme Court upheld the City's ordinance and adult theatres continue to be restricted as to location in Seattle. In Seattle, however, adult retail uses are not specifically regulated as to location. The current regulations are viewed by Seattle staff as effective as they removed the adult theatre from the Greenwood neighborhood and no new theatres have opened outside of the downtown core. Redmond • Redmond regulates adult uses by a dispersal approach. No adult entertainment use can be located within 1 ,000 feet of a similar use and no closer than 1 ,000 feet from any zone permitting residential uses, a public park, a public library, day-care homes or centers, .preschools, nursery schools., primary or secondary schools or churches. These listed zones or uses can either be located within or outside the city limits. Adult theatres, adult retail uses and adult services are all regulated in a like manner. The impetus for these regulations was the 1982 conversion of a movie theatre in Redmond to an adult movie theatre. This resulted in the current regulations which were adopted in April of 1983. Currently, there are no adult entertainment uses located in Redmond. Renton Renton utilizes a modified dispersal approach to regulating the location of adult motion picture theatres. This use is .prohibited from locating within one thousand feet of any residential zone, any single or multiple family residential use, any school , church, park or a P-1 zone. However, separation of adult theatres is not required. Renton's regulations were enacted in April of 1981 in order to prevent the secondary impacts of adult theatres from occurring in Renton. The regulation was challenged in 1982 when Playtime Theatres purchased two community movie theatres-to convert to adult movie theatres. As has been described earlier, the Renton ordinance was eventually upheld by the United States Supreme Court. There are no adult movie theatres currently in Renton. There is, however, one adult retail use in Renton. In Renton, adult retail uses are not regulated differently than other similar retail uses. 'Kirkland Kirkland regulates the location of adult theatres, bookstores and cabarets by a combination of the modified dispersal approach and the special regulation approach. Within Kirkland, adult uses can only be located in an Adult -15- • Activities Overlay Zone. This special zone can only occur where the underlying zoning is community business, central business district or in a planned area where commercial or theatre uses are permitted. ;Once the overlay zone is created by City Council action, an applicant for an individual use may apply for a permit with a hearing before the Planning io mmission. No athletic adult use can be located closer than 1 ,500 feet any school , or recreation center, or any use which caters substantially to minors. Signage is also restricted. Kirkland enacted their regulations in 1983 to prevent the secondary effect of adult entertainment uses from occurring in . Kirkland. To date, .no applications for adult uses have been received by the City of Kirkland. • Mercer Island In February, 1987, the City of Mercer Island adopted regulations concerning the location of all adult theatres and retail stores in the city. This regulation uses a dispersal approach in regulating the location of any adult use. Under Mercer Island' s regulations, the entrance to any adult use can not be located within 800 feet from any R-zoned property, the proposed landscape area for I-90, any single or multiple family dwelling, rest or retirement home, preschool , nursery school or day-care, publicly owned park or open space, recreational area, primary or secondary school , religious institution, government building or establishment which primarily caters to minors. Further, no adult use can locate closer than 400 feet to any other adult use. Signage is also limited. Regulation of adult uses in Mercer Island was adopted in order to have regulations in place (to mitigate secondary impacts) prior to any uses locating within the city. Since enactmenti there have been no applications for adult uses, nor are there any adult uses located within the city. Issaquah Issaquah, in February of 1985, adopted a dispersal approach to regulating the location of adult entertainment uses. All adult uses (theatre, retail and service) are similarly regulated in Issaquah. Under the regulation, the adult use cannot be located within 500 feet of any primary or secondary school or school facility, day-care or preschools, public parks, churches, public facilities, facilities oriented to the disabled, senior centers, historic landmarks, other facilities which are oriented towards children or families, any residential zones, any residential use, and certain street frontages. Also, adult uses cannot be located within 200 feet of Issaquah Creek. Adult uses must be separated by 500 feet. Also, the following uses; cannot in he future locate within 500 feet of any adult entertainment facility: primary or secondary school , day-care or preschool , public parks, churches, pub facilities, facilities oriented to the disabled, senior centers, historic landmarks, or facilities oriented to children or families. These regulations were adopted to prevent the secondary effects of adult entertainment uses from' occurring within the city. Since enactment, one adult retail: store was opened for three weeks and then closed for no known reason. There a're currently no adult uses in Issaquah. . . -16- King County King County currently does not allow any adult facility within 2,000 feet of a school . Uses regulated by this requirement include cabarets and dance halls which feature "nude" dancing, panorams and peep shows. . While these are brief descriptions of each municipality's regulations, complete ordinances and background materials and minutes for the Cities of Kirkland, Redmond, Mercer Island, Renton and Issaquah are available for review in the Planning Department. This brief summary does show how each of the municipalities have created regulations to meet the specific needs of their community.. -17- • • THE CURRENT SITUATION IN BELLEVUE Presently, there are three adult entertainment uses in Bellevlue (see Map 1). Love Works and Love Pantry are. strictly adult retail stores. R and R Adult Toys is an adult retail store which also contains an on-premilse panoram.. Both R and R Adult Toys and Love Pantry have video cassettes for rental . An analysis of police reports for the areas in which these uses are located show no higher incidence of crime than in adjacent areas without adult uses. All properties are centrally located in established commercial areas and all structures in which these uses are located are all in excellent condition as Are the adjacent structures. Recently, R and R Adult Toys moved into a newly refurbished structure. These adult entertainment uses are not located adjacent to any schools, parks or facilities oriented primarily to children. All three sites are not adjacent to predominantly residential areas'although there is a multifamily structure located across 120th NE from Love Works. However, please note that this residential use is separated from the Love Works site by a major street, by a restaurant facility and the surrounding area is also primarily commercial . • While there are no major secondary effects presently attributable to the adult uses located in Bellevue, a greater concentration of such uses or changes in location may cause secondary impacts to occur. The City of Bellevue Comprehensive Plan provides guidance for decision makers in evaluating various strategies for regulation. Within the Comprehensive Plan there are many policies which are important in describing the residential and economic goals for the City and are pertinent in reviewing the suitable locations for adult entertainment uses: 21 .B.005 (General Land Use Policy) The City shall offer a harmonious blend of opportunities for living, working, recreation and culture to its residents through,planned retention of its natural amenities and balanced development of appropriate services, by judicious control of residential and commercial development and by recognition of its regional role. 21 .B.040 (General Land Use Policy) Decisions in land use should be made only after consideration of the interests of the community. Each type of land use shall ! be located in designated districts. Any change in zoning must be justified. The hearing body may take into consideration, but not be limited to, the . following: - the effect upon the physical environment; • . - the effect on the economic environment; - the effect on the social environment; • - the effect upon open space, streams and lakes; - compatibility with the impact on the adjacent land uses and surrounding neighborhoods; -18- • . . EXISTING: . . ::ADULT • ENTERTAINMENT. _ FACILITIES MAP 1; : . ll \ ..........„ 1 ) / 1 i 3. Love Works -•—Aii ;1 __ 12001 NE 12th 455-0533 I i 2. Love Pantry 14220 NE 20th -- 643-5683 iil• 1. R L R Adult Toysa Inc'. 1 t r I jt=-r . 11101 NE 4th - Z..... 453-5683 % a [ ts • a I i ` a '1 I 1 I t . 1. ...-- I 1., �. a a� ti t , . — ( sr...„,„ LL.:" = 1...4"-: '‘ 1 - . I lie------Lj e;tj ! / r • ti a �.. • , 1 1 :e ) i • • . .. `\....,_ Cr- 1 NO.* L....N., . woo......K1 LL-- ♦ ....a.a....Gru• a ...1 1t CM OP arusvue IdMNAOM OtlON i .- - , SCALE:t..t NORTH - adequacy of the impact on community facilities including utilities, roads•, public transportation, parks, recreation facilities and schools; • 1 • - benefit to the neighborhood, city or region; I : - quantity and location of vacant land zoned for this ,use in the city; - current and projected population density in the general area; . - and general conformance with the Comprehensive Plan ! 21 .F.070 (Economic Element) Growth: The City shall foster a positive economic climate which facilitates responsible business growth in the community 21 .F.110 (Economic Element) The City shall encourage the availability of local employment opportunities by fostering development of long-term working or trading activities which create or add value to the community. 21 .F.150 (Economic Element) 1 Goal : To establish and maintain economic activities in carefully delineated areas which are properly separated from incompatible uses and appropriately served by community facilities. To implement the above goals and policies, the City has emphasized the careful consideration of land use compatibility and land use impacts upon the community. In conclusion, while the three existing adult uses do not have any secondary effects associated with them, this situation may change in the future. Presently, all three are widely dispersed from each other ashwell as from residences and other sensitive uses (parks, schools or a reaslfrequented by children) . However, since there is no regulation preventing adult uses from locating near sensitive uses, there is no guarantee that adult uses will not locate adjacent to sensitive uses. ' Further, there is no guarantee that greater concentrations of adult uses will not occur in the future. The Comprehensive Plan clearly states that adjacent land uses should be compatible. •Therefore, it may be appropriate to consider that certain sensitive uses are not compatible with adult entertainment uses. . I -20- • • PART II Subsequent to the public meeting scheduled for September 16th and based on the information contained in Part I of this study, as well as public comments, staff will prepare an analysis of the need for greater regulation, respond to any Planning commission research requests and provide a recommended course of action. This information and recommendation will be contained in Part II of this study. • • -21- • BIBLIOGRAPHY Reference Materials On Hand For Review Studies Effects On Surrounding Area Of Adult Entertainment Businesses IIn St. Paul . Division of Planning, Department of Planning and Economic Development, St. Paul , Minn. June 1978. Regulating Sex Businesses. William Toner; Planning Advisory Services, 1977. Study Of The Effects Of The Concentration Of Adult Entertainment Establishment in The City Of Los Angeles. Department of City Planning, City of Los Angeles, CA. June 1977. Articles "Aggressive Erotica And •Violence Against Women", Edward Donnerstein, Journal of Personality and Social Psychology, Volume 39 Number 2. "Cities Are Turning To Zoning To Regulate Pornographic Uses", The Building Official And Code Administrator, Feb/March 1978. "The_Effects Of Aggressive - Pornographic Mass Media Stimuli", Neil M. Malamuth and Ed Donnerstein, Advances In Experimental Social Pyschology, Volume 15. "Is One Women's Sexuality Another Women's Pornography", MaryKay Blakely, Ms., April 1985. "New Rules For Zoning Adult Uses: The 9SuSupreme Court's Renton Decision", August Alan Weinstein, Land Use Law, "Pines, Funk Offer Guidance, Based on Young Decision, for Regulating Adult Entertainment Establishments", Burt Pines. and John Funk, The Municipal Attorney, December 1976. "Regulation Of Adult Theaters By Zoning", Howard Dobbins, Virginia Town and City, Nov/Dec 1976. • "Regulating Pornography: Recent Legal Trends", Alan Weinstein, Land Use Law, February 1982 _ "Sex And Aggression: Proving The Link", Seymour Feshbach and Neal Malamuth, Psychology Today, Volume 12 Number 6. "The War Against Pronography", Newsweek, March 18, 1985. "Why People Don't Fight Porn", Harry Genet, Chronicle News, January 1, 1982. i -22- "Zoning For Adults Only", Bruce McClendon, Zoning News, August 1985. Other Resources : . Bothell Police Department, Material On Police Experience With Adult Entertainment Establishment, 1984. • • "City of Renton vs. Playtime Theatres, Inc., The U.S. Supreme Court - Revitalizes The Regulation Of Adult Entertainment • Land Uses Through Zoning," Daniel Kellogg. Cleveland Ohio Police Department, Effect of Smut Shops On Increased Crime Rates, 1977. "Community Impact Statements Required Of Certain Businesses", James H. Allendoerfer, City Attorney of Marysville. Shirley Feldman Summers letter to Nick•Gallow "Local Government's Control on Pornography", League Of Women Voters Of Lake Washington East, 1985. "Pornography Effects: Empirical Evidence", Victor Cline Ph.D. Text of Talk Given By John L. Harmer President Of Citizens For Decency Through Law, on Tuesday, December 1, 1981 at Phoenix Arizona. .Existing Statutes And Regulations In Effect In Bellevue RCW 7.48A - Moral Nuisances RCW 9.68 - Obscenity And Pornography RCW 9.68A - Sexual Exploitation Of Children BCC 5.06 - Public Dances And Dance Halls BCC 5.08 - Cabarets BCC 5.28 - Massage Parlors And Public Bath Houses BCC 5.44 - •Panaram Devices Resources From Adjacent Municipalities Bothell - Ordinance 1170 (Adult Entertainment Uses) and Zoning Code Chapter 5.18 (Adult Entertainment Studios). Issaquah - Ordinance 1701 (Adult Tnertainment Uses) and all minutes of public meetings and staff reports relating to the Ordinance. Kent - Adult Use Zoning Study, November 1982. King County - Ordinance 7216 (Business Licenses And Adult Entertainment Uses). -23- • Kirkland - Or dinance 2877 (Adult Activities Overlay Area) and all minutes of public meetings, staff reports and correspondence relating to the ordinance. Mercer Island - Ordinance A-51 (Adult Enteria�dncorrespondence all relating minutes of public meetings, staff reports to the ordinance. Redmond - Ordinance 1120 (Adult Entertainment and the nd all minutes of public meetings and staff reportsrelating Renton - Ordinances 3526, 3629 and 3637 and Resolution 2368, Legal Briefs to the U.S. Supreme Court, and various analyses of the Renton vs. Playtime Theatres decision, 'Zoning Code for Renton. Seattle - Zoning Code Chapters. .280 (Adult Entertainment Studios) , 6.4 (Panorams and peepshows), 24.46 (Metropolitan Business Zone). and 24.48 (Metropolitant Commercial Zone) . Also, there are copies of Adult Entertainment Use eguIation,sr from hthenhe following cities: Detroit, Michigan; Duluth, nn Melvindale, Michigan;• Oak• Park, Michigan; Peoria, Ill .; San Bernardino, Ca; Tucson, Arizona; Wayne, Michigan and Wyoming, Michigan I _ Correspondence Monique RoggenkamP to the Bellevue City Council - April 14, 1987 Monique Roggenkamp to the Bellevue City Council - May 13, 198787 Gerald John Sheehan to Sandra Korbelik (Planning) - June 9, Concerned Citizen to Sandra Korbelik (Planning) - June 16, 1987 Darrell Hines to Sandra Korbelik (Planning) - June 18, 19871 Andrea K. Vangorto Sandra Korbelik J(Planningg)87- June 18, 1987 t J. R. Copitzley Cary Bozeman Chief Harris to Terence P. Lukens - September 10, 1987 Other References The current file also contains numerous newspaper e raarticles so ony Adult Entertainment regulations in the region. of recent court decisions as concerns adult entertainment. { . I • • -,n- APPENDIX I • MINUTES FROM THE PUBLIC MEETINGS OF JUNE 18 AND JUNE 25, 1987 -25- • ADULT ZONING MINUTES June 18, 1987 I. Introduction Rob Beem, principal planner with the Planning Department and staff contact for this project, introduced himself and other members of the planning staff: Sandra Korbelik Policor planner e Department with the Planning Department; and Lt. Bourgette of the II. Objective The objective of this meeting was to get the benefit of Bellevue citizens' experience, understanding, and studies of the impacts of adult land uses.I The City is in the process of developing regulations which will use zoning to locate adult businesses appropriately within the City of Bellevue. This is one of the City Council's high priorities for the year. A schedule of events was made available to participants. It is hoped that regulations will be enacted by the latter part of 1987. The meeting this week is .foctised on.inputfrom citizens on what they understand to be the effects of adult land uses located within the City of Bellevue. Next week's meeting will focus on a numbercularly of approaches taken by other municipalities in the nation, p artiin the Northwest, to their zoning regulations for adult land use, with the end goal of deciding which method would be best for Bellevue. Tonight participants are encouraged to submit their views and give the planning staff the benefit of the information learned by research, experience, or opinions on the effects of adult entertainment businesses on the community that they may want to control through the use of zoning power. Written comments are also invited. III. Comments by Citizens • Monique Roggencamp 12140 S.E. 15th Bellevue Ms. Roggencamp read a letter from Andrea VanGore ofjWashington Together Against Ponography, commending the City of Bellevuelfor their efforts to protect the community from the adverse effects of adult businesses.e She cited three distinct adverse effects: decreased property ues of neighboring businesses; increased local incidents of sexual and other crimes; provision of a base of operation for organized crier She to called on the City of Bellevue to do all that lies within their p constitutionaldo to make the laws as strict as possible consistent with freedom. Ms. Roggencamp gave an example of a business forced to relocate because their customers did not want to be seen in the same parking lot as an adult business. Ms. Roggencamp supports dispersed zoning. -26- • Adult Zoning Minutes - June 18, 1987 Page -2 Louise Woodward East King County Chapter of American Civil Liberties Union Ms. Woodward was chiefly concerned about the potential for First Amend- ment rights- to be violated. She submitted a letter refuting claims made by Ms. VanGore about the negative effects of adult businesses. The letter was addressed to Nick Gallo from Shirley Feldman Sommers. From Ms. Woodward's personal analysis, she has. read a lot of studies and found little evidence of.adult businesses being harmful to the community.. She felt that putting adult businesses in one location tends to enhance an unhealthy stigma toward sexuality, and favored dispersement, the least restrictive method of zoning. Mr. Ullery R & R Adult Toys Mr. Ullery informed the group that the printing business referred to by Ms. Roggencamp went out of business and left that location because they were unable to make the rent payment, fact which can be verified by the landlord. The problem existed before the adult business rented there. Mr. Ullery described his business in Bellevue, now in existence four years, doubling in size each year. His new store will be triple the size, based on the demand of the people of Bellevue. He described his clientele - as professional people, 55-60% men, the rest ladies, 40% couples, 95% located within a 10 mile radius of the store. Mr. Ullery offered his services as an advisor as a representative of adult businesses. Jeff Spencer 13457 - 92nd P1. N.E. Kirkland Mr. Spencer gave a personal testimony of the negative effects of adult entertainment business, stating that an R-rated movie had very signif- icantly affected his own life. He felt we should make the laws as strong as legally possible in order to restrict adult businesses. IV. Closing Comments by Rob Beem Rob reviewed the coming agenda, with next week's meeting on approaches to developing zoning ordinances, followed shortly thereafter by a study session with the City Council, and then work with the Planning Commission over the balance of the summer. Attendees on the sign-up sheet will be on the mailing list. Participants were invited to contact the Planning Department if they have further questions or comments. -27_ L ADULT ZONING • MINUTES June 25, 1987 . • I. Introduction Rob Beem introduced himself and explained the function! of the Planning Staff: to assist the City Council and the Planning Commission in investigating the wisdom of developing regulations for the location of adult land uses and advising them of what these regulations may be. II. Purpose • - I The purpose of this meeting, Rob Beem explained., was t'o provide infor- mation regarding methods used nationwide to develop zoning regulations, and to seek 'comments regarding their appropriateness too the City of Bellevue, in an effort to gain a better understanding of the specific effects of adult businesses on the city, which is primarily a residen- tial community. Adult businesses were defined as those businesses relating to sexual matter which restrict entrance to individuals over the, age of 18. Rob Beem clarified that the City has the authority to regulate, but cannot legally prohibit legitimate land uses from existing within the City of Bellevue. They should have a reasonable opportunity to pursue their business within the city. III. Three Approaches to Take Rob reviewed the three approaches the committee can take: 1) No action - leave as is • 2) Dispersion approach - locate the business so it it one of a number of businesses in an area, thus •reducing its impact 3) Concentration approach- limit adult businesses to one single area Difficulties involved with the dispersion approach would be mainly administrative, and the need to insure that there are reasonable oppor- tunities throughout the community to locate the businesses. The disadvantage of the concentration approach is that it would create an adult zone detrimentally affecting the area. • A fourth option, conditional use, was considered to be more burdensome than the dispersion approach. IV. Comments by Attendees • Pat O'Connor 15401 N:E. 10th, E106 Bellevue 98007 Pat favors the conditional use approach in zoning, to assure that enough conditions are given to help prevent mistakes, and tojgive opportunity for those affected to give their input to the City Council. • n n Adult Zoning Minutes - June 25, 1987 Page 2 Louise Woodward East King County Chapter of American Civil Liberties Union -- Louise was more concerned about preserving freedom of speech for herself and her children than any .harmful effects of adult business in the community, and wanted no more restrictions than are presently in effect. She referred to the Technical Report of U.S. Government Commission on Obscenity and' Ponography. Mr. Ullery 11101 N.E. 4th, Bellevue owner of R & R Adult Toys • His business has existed in the city for four years without any problems. He believes there is a need for his product as shown by its steady growth, and the city allows it under the rights of the City and the Constitution. Jeff Spencer 13457 - 92nd P1. N.E. Kirkland Jeff stated that all laws are by definition moral, based on the distinction between right and.wrong, and he wants to legislate by the original Judean Christian morality this nation was founded on as one nation under God. Len Smolen 12119 S.E. 10th Bellevue 98005 As a counselor and ordained Christian minister, Mr. Smolen spoke against the previous definition of morality, feeling that it inferred that sex was dirty or immoral, when God authored sex. There is a distinction between erotica and ponography. Pat O'Connor (see above) Feels the personal conditional approach is needed in line with the previous speaker's comments. • Len Smolen (see above). - Against the conditional approach as too broad to be legally viable. Supports the dispersion approach based on the history of adult businesses operating in the area. - Mitch Lopez 4045 - 134th Ave. Bellevue, 98006 Supports the dispersion approach, not the conditional. We should establish exact policies and perimeters based on good choices and decisions to begin with, and coordinate from within that basis. _90_ 1 • Adult Zoning Minutes - June 25, 1987 - Page. 3 • :N. Final Comments • Those on the sign-up sheet will be alerted to further public meetings on this process, and are encouraged to submit written comments until the hearing sometime in September. The next meeting will be on July 8 at 7 p.m. in•this same room, to select an approach to be submitted to the.City Council on July 27. • Written comments -should be addressed to Rob Beem, Planning Department, P.O. Box 90012. '. Bellevue • 98102.:7 • • I • I . I:. I r1 . • I _ . I • .. I . I • 84 Time, Place, and Manner Regulation of Business Activity City of Austin illtir4Ailt AUSTIN CITY COUNCIL MAYOR Frank C. Cooksey MAYOR PRO TEM John Trevino, Jr. COUNCIL MEMBERS Mark Rose Smoot Carl-Mitchell Sally Shipman !orge Humphrey _narles E. Urdy CITY MANAGER Jorge Carrasco REPORT ON ADULT ORIENTED BUSINESSES IN AUSTIN Prepared By Office of Land Development Services May 19, 1986 EXHIBIT E-3 • '..r x ; AppendixB etat - - f'' ACIQVOWLEDG `1T5 * report was prepared by the Special Programs Division of the : '4: This with assistance from other .Office of Land Development Services (OLDS), city agencies. . The following staff members were involved: • '' " Office of Land Development Services James B. Duncan, Director ::.r Lilac Kinch, Acting Deputy Director Marie Gaines, Assistant Director for Land Use Review Sager A. Williams, Jr., Division Planner Dan Drentlaw, Planner III, Project Manager Kirk Bishop, Planner. II Stephen M. Swanke, Planner I, Primary Contributor _ Jean Page, Artist II Monica Moten, Drafter II Sharon McKinney, Senior Administrative Clerk Fletcher Eubanks, Intern Mike Bovar, Intern . Mike Major, Intern James K. Parks, Intern Robin Walker, Intern' Austin Police Department • Jim Everett, Chief of Police Joe Hidrogo, Director of Research and Planning P.O. Kevin Behr, Administrative Assistant to the Chief F . Leslie Sachanowicz, Planner Analyst • ' Galloway Beck, Planner Analyst E. Gay Brown, Administrative Technician II Karen Murray, Senior Administrative Clerk Building Inspection Department James W. Smith, Director Bill Cook, Manager, Neighborhood Conservation . Edward Sanchez, Acting Supervisor, General Inspections Terry L. Meadows, Senior Inspector, General Inspections F • • • 86 Time,Place, and Manner Regulation of Business Activity TABLE OF CONTENTS Page I. Introduction 90 II. Summary of Existing Research 91 A. Analysis of Existing Research 91 B. Legal Basis 93 III. Adult Oriented Businesses in Austin 95 A. Location of Existing Businesses 95 B. Evaluation of Adult Business Impacts 98 C. Trade Area Characteristics 116 IV. Conclusions 121 Appendix 123 tr 0 f • jT. 1 • 1^ ' • Appendix B 87 . I TABLE OF MAPS Map 1 Existing Adult Businesses Locations 96 Map 2 Study Area 1 101 Map 3 Control Area 1 - 103 Map 4 Study Area 2 103 Map 5 Control Area 2 104 Map 6 Study Area 3 105 Map 7 Control Area 3 106 Map 8 Study Area 4 107 Map 9 Control Area 4 10 8 Map 10 Adult Business Trade Area - Southside 117 News Map 11 Adult Business Trade Area - Cinema West 118 Map 12 Adult Business Trade Area - Yellow Rose 119 • . I 88 Time, Place, and Manner Regulation of Business Activity Rix: SUMMARY Purpose This report provides the basis for development of an amendment to the Austin zoning ordinance regulating adult businesses. Austin's current adult business zoning ordinance was permanently enjoined from being enforced in January, 1985 when Taurus Enterprises sued over a "Code Violation Notice", issued by the City. The violation occurred because a bookstore was located within 1000 feet of property zoned and used for residential proposes. Existing Research and Legal Basis The first portion of the study examines existing research concerning the impact of adult business on crime rates and property values. Results from these studies contain-similar findings - crime rates are higher and property values lower near adult oriented businesses. Despite the negative impacts, regulation of adult businesses must respect constitutional rights of owners and patrons. Therefore an overview of pertinent legal and constitutional issues is also provided. Existing Adult Businesses in Austin `ustin has 49 adult oriented businesses, consisting primarily of aokstores, aters, massage parlors, and topless bars. Generally, these businesses are located in an area between Lamar Boulevard and Interstate Highway 35. Analysis of the Impacts of Adult Businesses in Austin An analysis of crime rates was conducted by comparing areas with adult businesses (study areas) to areas without adult businesses (control areas). Both control and study areas are circular in shape with a 1,000 foot radius, contain similar land uses, and are in close proximity to one another. Four study areas were defined: two with single businesses and two with more than one business. Within the study areas, sex-related crimes mele,found to be from two to near' five _dimes the ci�t[-wide. averge..JAlso, sex-related crime rates were found tom-66lk hlglies in study areas with two adult businesses compared to study areas with only one business. -(--, In order to assess the impact of adult businesses on property values, questionnaires were mailed to 120 real estate appraisal and lending firms. Eight-eight percent of those responding indicated a belief that an adult bookstore would decrease residential property values within one block, and 59% felt that residential property values would decrease within three blocks. Respondents based their opinions on several factors. They noted that adult businesses made homes less attractive to families, thus lowering demand and property values. tiers stated that the existence of adult businesses leads mortgage underwriters to believe that the neighborhood is in decline, thus making 95% financing difficult. Appendix B I 89 Trade Area Characteristics In order to make appropriate recommendations for assignment of adult businesses to specific zoning districts, a study of trade area characteristics was conducted. Three adult businesses - a bookstore, theater and a topless bar - were examined to determine customer addresses by an observation of vehicle=license numbers. Of the 81 observations made, only three customers had an address within one mile of an adult business. Nearly half (44%) of all customer addresses were located outside the City of Austin. Recommendations Based on the findings of this study, the following recommendations are made: 1. Adult businesses should be limited to highway or regionally - oriented zone districts. 2. Adult businesses should be dispersed to avoid the over concentration of such business. 3. Conditional use permits should be required for adult businesses in certain specified zone districts. . I ' I 90 Time, Place, and Manner Regulation of Business Activity CHAPTER I INTRODUCTION As is the case in many large American cities, Austin has witnessed a rapid rise in the number and type of adult entertainment businesses over) the past decade. These businesses present a particular problem due, in part, to the moral implications associated with such enterprises in the minds of many members of -the community. In addition, the proliferation and alleged detrimental effects of. these businesses upon surrounding neighborhoods have been the focus of community attention for quite some time. This attention has resulted in numerous requests for the City to regulate adult businesses. The regulation of adult entertainment businesses is a controversial matter. While legal and constitutional bases for municipalities to control the use of land within their jurisdictions in order to protect the "public health, safety, morals, and general welfare of their citizens" has been firmly established, the Supreme Court has upheld the right of adult entertainment businesses to operate in the community by virtue of the First and Fourteenth Amendments of the U.S. Constitution. Resolving conflicts between the legal rights of municipal governments and those of adult business operators and patrons has been a difficult task. stin enacted a "Sexually Oriented Commercial Establishments _.dinance" on May 22, 1980. This ordinance prohibites adult businesses from being closer than 1,000 feet from a residential use. On October, 25, 1983, a lawsuit was filed attacking the validity of the Ordinance. . The lawsuit was filed after the Building Inspection Department issued a "Code Violation Notice" for an adult bookstore located at 8004 Research Blvd. This violation notice was filed because the bookstore was located within 1,000 feet of property zoned and used for residential purposes. The suit disputed the city's assertion of harm to areas zoned and used for residential purposes. On January 10, 1985, a trial was held. Because the court was unable to make a factual finding on the validity of the City's assertion, it permanently enjoined the City from enforcing the ordinance at that location. The court did not declare the ordinance unconstitutional. However, because of the precendent set by this action, Austin currently lacks an adult business ordinance that can be effectively • enforced. Therefore, it is the purpose of this study to objectively evaluate the impacts of adult entertainment businesses on surrounding neighborhoods and to formulate appropriate regulations based on these findings. 91 Appendix B CHAPTER II SUMMARY OF EXISTING RESEARCHi This chapter presents a brief overview of existing research and regulations written to address adult oriented businesses in various parts of the country. An understanding of the effects of adult h oriented businesses on surrounding properties and'\,the legal basis for regulations controling such businesses is critical in developing an ordinance for Austin. A. ANALYSIS OF EXISTING RESEARCH, Amarillo, Texas _ The City of Amarillo's study, A Rert Amarillo,Zoning and nd Othere Methods adultf Regulating Adult Entertainment Re entertainment uses are distinguishable from other businesses in that they have negative impacts on surrounding land', uses. The study established a relationship betweengh crime found that thes nlateooperatinq to adult businesses. Furthermore, thestudy hours of most adult businesses created special problems to surrounding •• neighborhoods in the form of noise, glare, and traffic. Beaumont, Texas A planning department study done for the Charlton-Pollard Neighborhood in Beaumont, Texas investigated the effect of adult businesses on economic ' decline and crime. The study concluded that the concentration of adult businesses drove awiyenes igh�b aso ocoinercial stores and contributed to an increase drug use, and muggings. Indianapolis, Indiana In February, 1984, the Division of Planning in Indianapolis published a report titled Adult Entertainment Businesses in Indianapolis: An Analysis. This report contained the results of an evaluation of the impact of adult business upon surrounding areas in ,terms of crime rates and real estate values. The study assessed the impact of adult entertainment businesses on crime rates by researching six areas • containing adult businesses and six similar areas containing no adult businesses. A comparison of these areas revealed that sex-related crime rates were 77 percent higher in areas containing adult businesses. y i 92 Time, Place,and Manner Regulation of Business Activity ...� second portion of the study evaluated the impact of adult businesses on real estate values by surveying professional real estate appraisers. Two surveys were conducted. The first surveyed opinions of members of the American Institute of Real Estate Appraisers practicing in 22 metropolitan areas similar in size to Indianapolis. The second survey was a 20% random sample of AIREA members drawn at a national level. In the metropolitan area survey, 78% of those surveyed felt that residential property values would decrease if located within one block of an adult business. The national survey generated similar results - 80% of those surveyed felt residential property values would decrease if located within a block of an adult 4 business. Los Angeles, California The Department of City Planning for Los Angeles published a report in June, 1977 entitled Study of the -Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles. An evaluation of the impact of adult businesses on both crime rates and property values was conducted. Crime rates were evaluated by comparing the Hollywood area with the remainder of the city. Hollywood was selected as a study area because of its high concentration of adult businesses. The study focused on the years 1969 to 1975, during which the number of adult businesses increased a 11 to 88 establishments. The study indicated that prostitution fists in the Hollywood area were 15 times greater than the city average. Like the Indianapolis report, the Los Angeles study surveyed real estate appraisers to assess the impact of adult businesses on property values. Over 90% of those surveyed felt that the concentration of adult businesses would decrease the market value of private residences located within 1000 feet of the adult business. Eighty-seven percent indicated that the concentration of adult businesses would decrease . the market value of business property located in the vicinity of such . establishments. Los Angeles County, California In April, 1978, the Department of Regional Planning of the County of Los Angeles published a study entitled Adult Entertainment Study and Proposed Zoning Ordinance Amendment. In the study, law enforcement officers were surveyed. Responses from the surveys indicated that areas with a concentration of adult businesses have a higher incidence of public intoxication, theft, assault, disturbing the peace, and sex-related vice. Respondents indicated that nude bars, modeling studios, and massage parlors caused the most individual problems. Appendix B 93 Phoenix, Arizona The City of Phoenix study investigated the incidence of crime by comparing three study areas containing adult businesses with three control areas without adult businesses. They concludedhthatacrimes s were 43 percent higher, violent crimes were 4 pe higher, related crimes were over 500 percent higher in the study St. Paul Minnesota The planning department in St. Paul conducted a study entitled Effects on Surrounding Area of Adult Entertainment Businesses. The study found that there was a statistically significant correlation between diminished housing values and crime rates and the location of adult businesses. The study also concluded that there was a stronger correlation with neighborhood deterioration after the establishment of an adult business. B. LEGAL BASIS Regulation of adult businesses has taken a variety of forms in cities throughout America. Boston, Massachusetts, for example, has adopted an ordinance that restricts all adult businesses to a single geographic area known as the "Combat Zone". Detroit, Michigan,on the other hand, enacted _an ordinance intended to disperse adult businesses. This ordinance, passed in 1972, prohibited adult entertainment businesses within 500 feet of a residential area or within 1000 feet of any two other regulated uses. The term "regulated use" applied to a variety of businesses, including adult theaters, adult bookstores, cabarets, bars, taxi dance halls, and hotels. At this time, only Seattle and Renton, Washington have ordinances similar in nature to the Boston ordinance. However, several cities have adopted regulations similar to those enacted in Detroit, which are aimed at dispersing adult entertainment businesses. The Detroit ordinance was legally challenged and ultimately upheld by the United States Supreme Court in 1976. This court case, known as Young -v- American Mini Theaters, Inc., now serve's as the primary legal precedent regarding the use of zoning powers to regulate adult entertainment business. In Young, the Supreme Court' held that "even though the First Amendment protects communication in this area (sexually explicit activities) from total suppression, we hold the State may legitimately tina�differente. the tent of classif cationse terials as a basis from other movie for placing theca •• theaters" . • 1. McClendon, Bruce W.; Zoning for Adults Only, (Zoning news; American Planning Association, August, 1985). 94 Time, Place, and Manner Regulation of Business Activity Me plurality opinion for this court case set out three First mendment criteria that ordinances regulating adult entertainment businesses must satisfy in order to be Constitutionally upheld. 1. Regulations must be motivated not because of a distaste for the speech itself, but by a desire to eliminate its adverse effects. 2. Properly motivated legislation may be unconstitutional if it severey restricts First Amendment rights. _ 3. A properly motivated ordinance with only a limited impact on free expression may be unconstitutional if the municipality cannot demonstrate an adequate factual basis for its conclusion that the ordinance will accomplisi its object of eliminating the adverse effect of adult businesses . The limitations established by these criteria are best illustrated by analysis gf the invalidation of Atlanta, Georgia's Adult Entertainment Ordinance This ordinance prohibited adult entertainment businesses from locating within 1,000 feet of any other such use, within 500 feet of any residential zoning district, or within 500 feet of any church or place used for. religious worship. The ordinance also restricted all new adult entertainment businesses to three zoning districts. The Atlanta ordinance further required the amortization of certain existing businesses. though factual evidence was presented in support of Atlanta's ordinance, the U.S. Supreme Court found that the ordinance violated the first two criteria cited in Young. The Court first found evidence of an improper motive in enacting the ordinance. Minutes of a zoning review board meeting indicated that the board would help citizens opposed to the conduct of adult businesses to "zone them out of business". At the meeting an assistant city attorney indicated that the proposed ordinance was the "strongest vehicle toward elimination" of these businesses and the city was "hoping for complete eradication" of adult businesses. The court also found that the locational restrictions of the ordinance would significantly reduce and possibly eliminate public access to adult businesses. The court had ruled in Young that "pornography zoning" is constitutional ogly if "the market for this commodity is essentially 'unrestrained" . The locational restrictions and amortization requirements in Atlanta were deemed too severe a restriction on the First Amendment rights of adult businesses. 2. Weinstein, Alan; Regulating Pornography: Recent Legal Trends; (Land Use Law; February, 1982;) p.4 3. ibid. p.4 ... ibid. p.4 I Appendix B 95 CHAPTER III ADULT ORIENTED BUSINESSES IN AUSTIN A. IACATION OF EXISTING BUSINESS There were 49 adult-oriented businesses=locatediwithin the corporate limits of the Austin as of January 1, 1986. These businesses have been grouped into two major types of businesses:IAdult Entertainment Businesses and Adult Service Business. Adult Entertainment Businesses consist of adult bookstores, theaters, and film stores. Adult Service Businesses consist of massage parlors, nude modeling studios, and topless/bottomless bars or clubs. Adult Entertainment Businesses must be carefully regulated due to their constitutionally protected status as an expression of free speech. The classification of these businesses is difficult, particularly in the case of Adult Entertainment Businesses, since many of these are involved in the selling of printed material as well as novelty items, and the showing of peep shows. For the purposes of this study, businesses listed as bookstores include a substantial portion of the business involved in the selling of printed material, but may include the distribution of novelty items, showing of peep shows, and other related forms of adult entertainment. Any business that exhibits adult films on a single screen with 100 seats was classified as an adult theater even through it may offer adult video tapes or films for sale. Table 1 lists the names and locations of the 49 existing Adult Entertainment businesses in Austin. Map 1 depicts the locations of these in the City of Austin. As shown on this map, 21 of the 49 existing businesses are not located within 1000 feet of another adult business. Of the remaining 28 businesses, there are eight groups of two businesses, one group of three businesses, one group of four businesses, and one group of five businesses. Thejlocational pattern illustrated on Map 1 indicates a propensity for adult businesses to locate along the major north/south roadways or!on major east/West roadways between Lamar Blvd and IH35. 96 Time, Place,.and Manner Regulation of Business Activity 1 : i j_ . • Ilk I , ,r M ,.,V i) %�.. \� r -1../. - r It/ .1#:::1'1.-..7. - — i—- L. '• ...,:4.. ..I / , : , . 7 . , ..„ _ -.1_,_,I.,.. . \ te......z.;,.1., i , . . .4-ziviir,i3 .:,...04 _ tee.' �• ''f.�'w �/I-Kii: /'•'I opz r Jae --tifiii",-- IP i744. 0/ 4' • • $ . —, 1 a.•'\-7--d- g .% j. 4 . ii) ` � ,��,„_:__,,,,:i. - , „,-• r -.... ..‘ r-4 • 1 .UP 13. a , I I %‘• ' . 114.541!..k v.-- :A.;;%,V gg rsr1:: . •Vifiri .;I:1';/,: .1' . . 411%fg . 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MAP �'• '� S A,!:, ' ��- • ''/• Existing Adult Business Locations T •��. p �} ,..4; -lie c �. j 'i rt. •.• AT Adult Theater T, .i `� !1�/� es Adult Bookstore �' , • ver • " 4, Adult Filmdom i l �c�� ' i` 1', izt,',:11-,1.--: 'Aka.l . �`� •l PAP Massage Parlor■�?T!; " j ;f'.,:/...'• � I i 1 TC Tapia**Club Or Nude Modeling I •' AN i � t- etizesairziastudkt AIM:;!.(6. • :' Li -, anC*1-4. y, .:••• A w'.t&-,74 '- 1/4:to'.? '•► 7 �ilh. %- N • 1001 10.000IT / N r1,..:: ;lbw, .: v /...1411.11AP17, MAmminIM 1 1 i Appendix B I 97 Table 1 Existing Adult Businesses Austin, Texas January 1, 1986 • Adult Entertainment Businesses Adult Bookstores - 3401-A- North IH35 1. Adult Theater 1910 GuadalupejSt. '; 2. Mr. Video {. 3. River City Newsstand 613 West 29th St. 4. River City Newsstand. 8004 Research Blvd. 5. Video Barn 615 West 29th St. 6. Southside News 2053 South Lamar Blvd. 7. The Pleasure Shop 603 West Oltorf St. 8. Oasis Adult Book Store 8601 North IH 35 9. Ms. Video 718 Red River St. 10. Sixth Street News 706 East 6th Si. Adult Theaters . 1. Cinema West Theater 2130 South Congress Ave. 2. Texas Adult Theater 2224 GuadalupeiSt. Adult Film Stores • 1. Video Barn 5726 Burnet. Rdd. 2. Video Barn 708 East 6th St. 3. Video Barn 9640 North Lamar Blvd. 4. Video Barn 2055 South Lamar Blvd. 5. Video Barn 512 West Stassney Lane 6. Video Etc. 5610 North Lamar Blvd. Adult Service Businesses Massage Parlors 1. Ann's Massage Clinic 1406 South Lamar Blvd. 2. Body Works, Inc. 2906 San Gabriel St. 3. Fantastic Oriental Massage 1104 West.Koenig Lane 4. Fantasy Massage 5520 North Lamar Blvd. • 5. I Dream of Jeanie 4406 North Lamar Blvd. 3502 North IH 35 7. Michelle's Massage 403 East Ben White Blvd. 8. Midnight Cowboy Oriental 313 East 6th Si. • 9. Oriental House off -Massage 3007 North IH 35 10. Pandora's 631 West Ben White Blvd. 11. Relaxation Plus Massage 2716 Guadalupe St. • 12. Relaxation Plus Massage 612 Nueces St. I 13. Satin Spa 6735 U.S. 290 East • 14. Tokyo Spa 9601 North IH 35 1104 98 Time, Place, and Manner Regulation of Business Activity 15. Vickie's Massage 3004 Guadalupe St. 16. Silk Lady Massage 92 East Ave. 17. New Seoul Korean Massage 8312 South Congress 18. The Casbah 9401-B South IH-35 19. The Chateau 9401-B South IH-35 20. Singletons Massage 1410 Ulit Topless Clubs and Nude Modeling Studios 1. The Crazy Lady 3701 North IH35 2. The Doll House 3615 South Congress 3. The Red Rose 336 East Ben White Blvd. 4. Honey's 629 West Ben White Blvd. 5. Sugar's 404 Highland Mall Blvd. 6. The Yellow Rose 6528 North Lamar Blvd. 7. Ladies of the Eighties 2304 South Lamar Blvd. 8. Adams Nude Modeling Resort 1023 Reinli St. 9. French Quarter 10600 Middle Fiskville Rd. 10. Burlesque Modeling Studio 4912 North IH35 • 11. Pearls Place 4814 North IH35 B. EVALUATION OF ADULT BUSINESS IMPACTS In order to develop appropriate recommendations for regulating adult businesses, it is essential to assess the impact of such businesses on the neighborhoods that surround them. Research conducted in other cities suggests that adult businesses have a detrimental effect on the incidence of crime and property value. This report will assess the impact of adult businesses in Austin by comparing the incidence of crime in areas surrounding adult businesses to similar areas having no adult businesses and by surveying the opinions of real estate professionals concerning the effect of adult businesses on property values. The methodology used in this research is similar to those used in the Indianapolis, Indiana and Los Angeles, California studies. For a more detailed discussion of the methodology and results of these studies, see Appendix A. Incidence of Crime Methodology. The effect of adult businesses on the incidence of crime was measured by collecting crime data for areas with adult businesses (Study Areas) and comparing them to similar areas having no adult businesses (Control Areas).. This evaluation focuses on three questions. First, is the incidence of crime, particularly sexually related crime, higher in areas surrounding adult business sites than in similar areas without adult business sites? Second, is the incidence of crime, particularly sexually related crime, higher in areas having more than one adult business than in areas having a single adult business? Finally, how does the incidence of crime in these areas compare to crime rates for the City of Austin as a whole? AppendixB 99 This study collected data for.45 serious criminal offenses, termed Part 1 Crimes by the Uniform Crime Report, and 21 sexually related criminal offenses. These offenses are detailed in Appendix data collected represents calls to the Austin Police Department from January 1, 1984 through December 31,• 1985. Crime rates are expressed as the number of reported incidents per 1000 area residents. Selection of Study and Control Areas. Teese selection n fhappropriat obje e study and control . areas was a crucia assessment of the impact of adult businesses on the incidence of crime. Study Areas containing adult bus eisxie carefully selected to be representative of the adult inesssteesica in the Austin area. Four study areas were selected. Study Area One includes two businesses, a modeling .studio and a topless club. ) Study Area Two also includes two businesses, an adult bookstore and an adult oriented film rental store. Study Areas Three and Four contain single businesses, an adult bookstore and topless bar, respectively. 1 Table 2 Study Area Businesses Study Area 1 4912 N. IH-35 Burlesque Modeling Studio 4814 N. IH-35 Pearls Place Study Area 2 2053 S. Lamar Southside News Video Barn 2055 S. Lamar Study Area 3 610 W. Oltorf The Pleasure Shoppe Study Area 4 The Yellow Rose 6528 N. Lamar Blvd As noted, two of the Study Areas contain one, and the others each contain two, adult businesses. Although two adult businesses does not reflect the highest concentration of adult businesses located in Austin, this level of concentration is more representative of existing locational patterns in the City. Those areas containing more than two adult businesses were examined and found unsuitable for this evaluation. • • 100 - Time, Place, and Manner Regulation of Business Activity The highest concentration of adult businesses is located just west of the university of Texas campus along West 29th Street. This area was considered unsuitable because the transient population associated with the University of Texas might unduly influence the results of the evaluation. The concentration of adult businesses existing in the Central Business district was deemed unsuitable for study due to the lack of residential uses in the area. Three adult businesses are located along IH-35 near its intersection with East 38 1/2 Street. This area was not selected because a large portion of the Study Area is occupied by Concordia Lutheran College, and a suitable control area with similar land uses was difficult to define. In order to draw valid comparisons, the Control Areas were selected according to their proximity and similarity to the Study Areas Four Control Areas were selected for comparison to the four study areas. • Appendix B 101 , • MAP 2 STUDY AREA 1. / ...,:ii-,44-,-o.-,y7 r14.,‘./ii_ric.--A„.,- --1--Y-4.. . .7,-,/,04?-4-4, , t (( , . . . ... ..... ,..,,c, , -.. .. i • ...:. ,,,_ c p.:.-A r... 5 \ \ 1( . ni/0- /0 ,ds , " 1 .4.1.;- 1-Nil . •., 0" s„.: o.r/i L • \%1 - ' . %,* . 2 j/ - -:../' F:?) 0 ./ .11 i .;/ 4 :b i •:' - .. • Ait ..,./0 1 ..< .... 4 4Preitiiire%r.. i 0 ...,.. ..... . 1..; .., -•...... "••••,,_0 * :... 411( I '•••,:'' ; . A y ..,,46•,,., 0,_ / .•ii,„4, ...... , . / C /' \..° /:io04 1 . / / /• �40002*4k ti nO ° ,.. .., ^ • I/ill` Sr I .�� //../,/ .. .., ,.. .;‘, e IP / ..//' :• - ,,7,/. A - ...%••,, i; , , *,<7.i..0 . °0 itir V 0 0 1 0 . : e ., - . , L..;,r Go � '° �e ,,Fo _ Door aI''' 4/91e, q :.. .Z 1,.., 0 n I 0 .• • „ / i 6.., / S l . 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In F..t ••••/ :;~` ��` Ill %y�� Park ,' 0 200 DV/7 • .2\') If Irfr. l I Vacant Land • b///�' l_4: !I I. of =`•1 7 .. i..;,0,7// - ;r __ t I • I I 103 Appendix B • MAP 4 STUDY AREA 2 / . ., � .: :_ :1; / SF 3 .I CS \\-••% '/ ..• i ./• . .7 ef I..).N . . . , . Ns. / .7 -7.,.. - 'S%., .s.• ,. ... •/ ....Th -. Na... *,1 '... •••..„ .•.,. . -.' . .... s.... '.•0 • et-,. .0 .....• 1;.•-)I.\,.. .7 S74...• , le f••• ••••••..... ,,, -...(.4 „,.. s• 7 t; ..,f_. T., ••• c. -,_ _- k. . e. • • •SF-J G �� �', C :� • :- -••f • -r) C SI .7 1. t.•�. FS , • fir ;; t . _ .. _•-..-:.•-r---.2A-: �: ' , SF-3 r� .• ,•t, • . 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"r• / .4 .. /: , ../. .. 7....,,....x. ...• 41115i.... -t - r'• I....*•Z.I. 1;.8):-„,... ....!..... . .#: ••PI•'it 1 , '7:k. ' 1 Sk„. /":. :•.. / ' •••• 3:'.." •• 1. ..si, '. :' c Ri:,'SF:3' .41/4 71 .. 4 f :/0 g -.4:1••• C: -;1- .) 1.7".- • ...... ,P,`,•. ../:1,-..)-0 .1 /°/c4in .t-. •:./.• i.)•••. \C i-t;•: sSF': ‘\C t. .. : C... W. ).. ,1 CS .'‘% 3 //- N:-.9•*•;/- sisi / :/%7 LAND USE LEGEND ..:-.. % __• --1 / -o... , 'A. / _ , -.. " , .° k7 .1..R -II. 4 Cv, • 'll. 1 i I I Single Family 1.1: •41 Ill , .,, f ‘110 31- .' :.../- /y ,•• • r 1 Multi Family 0 A 1 : ..,%. 't .. ;0. %.. ••••••.../4 V! •' I: -- e•-• .. Commercial . Y.. . . ..,, • .. ........., 1 J:r%.,. -' r" I Office a :- %. • , •at• . '' . a .5•/ / ... : .. ., -N.MF3 ;;ig'•-, t'd '•• / • f ... ,. .p., Industrial . ..... i 1,.. ... y • • Agik fitAFZ:,' !•4„, f • r:-:- Public . ,../:. • P 1 , • Scale In Feet • -../-,,..../„. •/ .?, --- # I Park ---,-- -.,•- - o 200 4 AF.4, \....r.:., . .., ,:f ... / I I Vacant Land i. f s•-..., a ;:f -./ti, 4.4F-V 'of -,4 •--...-1 I ' S "P7- 4-"Y ,L. ..* ' . - . - 4 -.. r'•••4%, As ' _ • • - 107 Appendix B • MAP 8 STUDY AREA 4 S. I •- • / CS , c i° e - /° R �j•� . • /.= . L ./ -/.'.. .�,, . • ` ce 1 �' •/ / -;\C S/•• . i, a4 • ` / ��-4 ; / T • . . (MF-3 •v .:...rz..." %.....,:0 # ..,, / 0/0`..r...... ..0// y%pe ...:-...4.7 .•....:...*:41. ! • . •*_,.. .4... ..• .;,:,• •.. \ u . / Os. OHO O / � o / - � � •O ---70 :: oi°//71743 / /O /l� 0 0 O _ - �° ° c:°i° 1" : ......... . .: O / / .�OO OO - •. S, -o a //a i/ ° c• o °�o/_ . / . •• 'VI 'a: '�� ': ; - ..- - •- • -..1 4. :: . ..;• .., 0 . . 04 .c.ift.,,,,..... . . -,,0, / . , ,..... • . ...0 .. , , ,. .a, , ,/ , ...• •. . , ...., , u)-0--;-... ,../-.:,. .. . 0, . „ , ,0,... , .c„,0‘0/„.., ---..... y \„. , -...0 , , ,. - ,..,-,--,..„-,2,0,, . .. , -..... /0 . ,,, . ;.... . . .-. ---- .-- :0 - i-,..„ - - ----/i. - --- . - 0 •, .. •..i. ......, ..... ,„, 0 .... . •. .,., c-c• • .0, . 3 0 . ..ts...0/0.,... -• - •:•••• • . . "..41/:?1 _ '•• '0 r —• ' 40 ♦J • // •._ c / .i : •' • L."CU / • • .• : ;'-• Zi •• , '• . ../" •)-c i • 4- .. - . •` - �1F .-`'� , ��/ •.:-.-- -' , ,��..i•'• •'• LAND USE LEGEND ;F-3 1 1. �' •'' _4'~•• •J1F•'�j)_.*17 i I , I Single Family s/ '• %.cis. r j �a }-�� �..�\ f • `t '� ;," C• T--- Multi Family / -` r��� .f • Commercial .N/ i CS-1 '.`'` % � '``c• '� � ` I I office �� CJ/ / �, Industrial /- GCS i o ps �,� o; �. `.. . ..,� c c�` I I Public e. / I L 1 Park _ Iiii► j I Vacant Land - $uld M Feat '• a;Srbe /N. om- .• Adult Business S:h.:. O/Sl;. `: Site •' / - • - • 108 Time,Place, and Manner Regulation of Business Activity • MAP 9 CONTROL AREA 4 •-. - ' , ,.• :)_ /c, / / /" `1(J/, '.•,''/ ` : / •• . , ... ••• . , ..., ., .cy • • �.. /. ' • • -• - • ;...• • CS • ',- y/ .l ,/ ) tip•.;., / / ,j•,� / / .� . � ft .t. , ' . '�. - '• -1• • ' . •...... .. :Ile'..'_ •;•.., "CS MF 3 � •- ,;/ ? • - •:::::-:::: `� . ."• • •� .�. « v ,• O 7 J °` ° ` , • ,.r ' T - . /p of:•• , O i• '''\is Q•.: (3/06.7.,•• 0 1E1 fl i / • e. 0 /A.• j. ..'1 X,::A §F: 3' 5 s o t C p."...*.- , O O. O O �j' / O O °, N./� . ., ' • •• j .. .4.... ,....• /),,,,j•.•0 : •.,,0 TII \\ c ;•• 'N../ %. io ioloro ...• % .• ..' s. . . LO/ i_ e . •`/- / C; °.• •Q:)i 0 1M—I 1 ...- :.- N. ;;� .`• ��tG � % / \./ LAND USE LEGEND f.. •• 7 \-'• 1 .• • .-°// Single Family 'l•- ,-'•�: ":"? ' • •\ _f, [—.-__-1 Multi gamily :4•i Z�/./Ql•� �, /1 _ i-- •4tte. �%:�`;.:%'rSF-3v" ••M'' Commercial .� ••••:• - =i•.,-p,.• -I cG J F -� office Q :; .� - i • Li .� , A. L ;: j •` /• `/ Industrial . �. .� / �-iy �...:A G°co L Public • Scale In F•st �•.;'�,7 •'' / .c Park . /. 2°° � �e ;,��` ; i`o Vacant Land GCS// " ,�r/ ,.�: . / s� c / LR , , �aF-P:. : i i 109 Appendix B :ally and Control Area Characteristics. All of the'Study and Control ,.;eo, were exam ined to identify- similarities. They all are circular in ;;hare with a 1000 foot radius, a size of 72.12 acres, and have :.imilar • population and land use characteristics: The population characteristics of each area were analyzed using block data from the 1980 Census of Population andHousin9. The results;are summarized in Tables 3, 4, 5, and.6. [.and use characteristics are summarized in Tables 7, 8, 9 and 10. Table 3 Area 1 Population Characteristics Ethnicity Study Control % Anglo 69.8 68.0 Black 7.9 10.4 Hispanic , 21.5 21.50.1 Other 0.8 . . Age Composition Under 18 11.0 19.6 % 7Z.7 b 18 to 64 80.0 % 65 and over 9.0 7.5 % Owner Occupancy. 17.5 25.5 Table 4 Area 2 Population Characteristics Ethnicity Study Control % Anglo 60.9 75.2 % Black 4.4 6.2 i hispanic 33.5 18.0 % Other 1.2. 0.5 Age Composition . % Under 18 24.0 20.8 % 18 to 64 62.5 ' 71.2 % 65 and over 13.5 8.0 Owner Occupancy 34.7 26.7 • 110 Time, Place, and Manner Regulation of Business Activity • 1al)l n 9 Altai .3 Population Chal.lctel:ie;iirs Ethnicity Study Contlol • Anylo 17.7 54.8 • slack 2.4 • .. hispanic 64.1 42.8 • Other 6.1 0 • Composition % Under 10 40.1 25.1 % 18 to 64 51.6 69.6 65 and over 8.3 5.3 % Owner Occupancy 27.9 48.9 Table 6 Area 4 Population Characteristics Ethnicity Study Control ?. Angl.o 84.4 72.8 Black 2.5 2.5 L Hispanic 12.4 19.4 Other 0.7 5. 3 • Aye Composition • Under 18 16.1 21.8 % 18 to 64 69.4 0.5 1 65 and over 14.5 5.7 • Owner Occupancy 38.2 24.8 Table 7 • Area 1 • Existing Land Use (in acres) _Study Control Single Family 14.1 18.9 Multi-Family 3.0 1.5 Commercial • 11.9 9.7 office 0.3 2.2 Industrial - - Public 3.9 4.4 • Parkland - - Vacant 1.6 0.7 Roads 37.3 34.7 1 I 111 Appendix B • . . . I 1 7Ytl,le 8 I Areas 2 Existing Land Use (in acres) • Study , Control :Angle Family 22.2 24.6 I Multi-Family 1.6 4.7 I i'.,tumprcial 2i.2 23.3 , I II fi 0.8 2.0 i �:�� - , tndustrial - publ i c 1.2 - Parkland - 1 Vacant 5.1 - P.oads 18.0 17.5 • 1 1 Table 9 1 Areas 3 I Existing Land Use 1 . Ain acres) Study Control) i Single Family 19.0 34.2 1 Multi-Family 7.2 9.6 1 commercial 7.2 5.6 office 0.1 0.4 industrial - 1 Public 9.3 8.2 11 Parkland •6.6 - Vacant 8.0 4.2 Roads 14.7 9.9 1 , I I I I 1 • 112 Time, Place, and Manner Regulation of Business Activity Table 10 Areas 4 Existing Land Use (in acres) • Study Control Simile Family • 25.1 22.7 Multi-Family 2.3 4.9 Commercial 26.6 15.8 Office 1.1 5.1 Industrial - 2.3 Public - 0.4 Parkland - • - . Vacant 1.6 3.7 Roads 15.4 17.2 Results The crime rates calculated for each Study and Control Area and for the city at large are indicated in Table 11. • Table 11 Average Annual Crime Rates (per 1000 population) • Part 1 Crime Rate Sex Related Crime Rate Study Area 1 181.82 8.72 Control Area 1 320.65 2.17 Study Area 2 552.54 13.56 Control Area 2 96.69 2.48 Study Area 3 128.59 4.97 Control Area 3 69.60 2.37 Study Area 4 185.77 7.91 Control Area 4 133.41 1.84 City of Austin 83.14 2.81 'lll Control Areas 132.23 2.21 • • 113 Appendix B i • Analysis of Table 11 reveals a definite pattern concerning sex-related crime rates. Sex related crimes rates in, Control Areas are consistently low, ranging from 65% to 88% of the city-wide average. in contrast, sex related crime rates in the Study Areas are substantially higher than the city-wide average, 'ranging from 177% to 482% higher. The sex related crime rates for Study Areas� 1 and 2, which each contain two adult business sites, are higher than those in Study Areas 3 and 4, which each contain one adult business site. Table 12 consolidates the crime rates for Study Areas 1 and2 and Study Areas 3 and 4. This analysis indicates that the sex related crime rate in areas having more than one adult business site is 66 percent higher than in areas having only one adult business site. Table 12 Combined Average Annual Crime Rates Part I Crime Rate Sex Related Crime Rate Study Areas 1 & 2 281.42 !10.02 .Control Areas 1 & 2 193.43 , 2.35 Study Areas 3 & 4 159.70 i6.02 Control Areas 3 & 4 97.44 2.21 Real Estate Impacts Methodo . In an effort to assess the impacts of adult entertainment businesses on property values in Austin, a survey of the opinions of real estate professionals was conducted. A three-part questionnaire was designed to gauge the opinion of real estate appraisers and lenders in the Austin area regardinglthe effect that an adult entertainment business would have on surrounding property values. The . first part asked respondents to indicate the effect of one adult bookstore on residential and commercial properties located within one block and three blocks of the bookstore. The second part of the survey asked respondents to guage the effect on residential property values within one block for a variety of commercial uses other than an adult bookstore. The third part of the survey asked questions designed to estimate the degree to which property values are affected by adult businesses, and to establish the basis for the appraisers' opinions. A sample questionnaire is included in Appendix D. Results. The questionnaire was mailed to 120 firms listed in the Southwestern Bell Yellow Pages . under "real estate appraisers" and "real estate lenders". The Office of Land Development Services received 54 responses; a response rate of 45 percent. The .responses to the questionnaire concerning the effect of adult businesses on property values are tabulated in Table 13. Table 14 summarizes the results of the questionnaire regarding the effect of other commercial uses on property values. 114 Time, Place,and Manner Regulation of Business Activity Table 13 The Effect of Adult Businesses on Property Values in Austin, Texas Decrease Decrease Decrease No Change 1 to 10% 10 to 20% 20% or more Residential Property One Block Radius 12% 31% 261 31% Commercial Property One Block Radius 31% 30% 33% 6% Residential Property Three Block Radius 41% 28% 26% 5% Commercial Property Three Block 'Radius 59% 30% 9% 2% The tabulated responses in Table 13 indicate that a substantial majority (88%) f those surveyed felt that an adult book store would have a negative effect a residential property located within one block. Of these, 31 percent felt that value would decrease by more than 20 percent. A majority (69%) felt that the value of commercial property within one block of the bookstore site would be negatively affected. Only 6 percent felt, however, that the decline in value would be greater than 20 percent. When the distance from the adult bookstore is increased, the negative impact on property values appears to be less severe. While a majority of respondents (59%) indicated that residential property located three blocks from the bookstore would decline in value, only 5 percent felt the decline would be greater than 20 percent and over 40 percent felt that there would be no change in value at this distance. The majority of respondents (59%) felt that there would be no change in value of commercial property located three blocks from the adult bookstore site. Appendix B 115 Table 14 The Effect of Commercial Businesses on, Residential Property Values in Austin, Texas i Much Somewhat About il Somewhat Much Higher Higher The Same Lower Lower , h 2% 16% 58% 24% -- r howooll Hall -- 2% 39% 45% 14% H 4% 36} 45% 15% 4% 36% 35% welfare Office -- 21% Neighborhood Tavern -- 29% 68% 34% 2% Record Store Medical Office 18% 36% 41% 6% Branch Library 21% 40% 33% Drug Rehabilitation -- 2% 22% 48% 28% Ice Cream Parlor 6% 42% 46% 6% Video Game Parlor -- 16% 53% ! 31% Adult Video Arcade -- 4% 27% 28% 42% Topless Bar -- 19% 23% 58% -- massage Parlor -- 19% ' 23% 58% Adult Theater -- -- 23% ! 21% 56% • The survey also asked respondents to indicate the effect on residential property values if the site was used for something other than an adult bookstore. As indicated in Table 14, the majority felt that property values would be higher, if the site were used as a medical office or branch library. They indicated that residential property values would be reduced if the site was used as a pool hall, tavern, welfare office, drug rehabilitation center, or another type of adult entertainment business. Causes of Property Value Decline. The real estate professionals were asked to describe the effect of adult businesses on property values in general and the basis for their opinions. These' questions are important-because they help establish why property values are affected by adult businesses. 1 The respondents based their opinions on several factors. They noted that the type of clientele attracted by adult businesses create concerns among families with children. Several noted that residential properties in close proximity to adult business sites are no longer suitable as homes for families with children. This eliminates a large portion of the market, lowering demand, which in turn decreases the market value of the property. It was also noted that the existence of adult business facilities leads mortgage underwriters to believe that the general neighborhood is in decline. Therefore, they would be less willing to make 90 to 95% financing available for these' properties. 116 Time, Place, and Manner Regulation of Business Activity Several respondents indicated that "pride of ownership" has an important influence on property values. When families are encouraged to leave a residential area or discouraged from locating in a particular area due to the existence of an adult business nearby, a transition from a family-oriented, owner-occupied neighborhood to a more transient, renter-occupied neighborhood may result. This trend is reinforced by the reluctance of real estate lenders to make 90 to 95% financing available for residential properties in the area. With regard to the effect on commercial properties, respondents commented that commercial property values were negatively impacted but to a lesser degree than residential properties. It was also noted that the impact of a single adult entertainment business would be less severe than the impact resulting from a concentration of businesses. Other comments indicated a negative impact on the sales of businesses engaged in neighborhood trade. One respondent commented that adult entertainment businesses tend to drive out residential or commercial uses. Those respondents who indicated little or no change in property values cited several reasons for their opinions. Several commented that adult businesses locate in areas where property values are already in decline. One comment noted that commercial properties would experience very little effect because most commercial properties are encumbered by long term leases. Another respondent stated that there is no market evidence that values will change. In summary, most .appraisers and lenders believe that adult businesses will contribute to a decrease in surrounding property values, particularly residential properties within a one block radius. The appraisers opinions will affect property values because their lending and appraisal policies will, to some extent, determine property value. C. TRADE AREA CHARACTERISTICS The use of zoning authority to regulate the locations of adult businesses implies that these businesses will be limited to certain zoning districts. In order to make appropriate recommendations for assignment of these businesses to specific zoning districts, an understanding of their trade area characteristics is important. Specifically, it is useful to know if a substantial portion of the adult businesses clientele is drawn from the immediate neighborhood or from a larger regional area. Methodology ' In order to establish the extent of an adult business trade area, a method of determining the location of customer residences must be employed. The method selected for this evaluation was the observation of vehicle license numbers. It was assumed that addresses listed on the vehicle registration reflected the location of the customers residence. ', r 1 117 • Appendix B• . T.71 ; ' ;_ ,:art; ; P—��-••; ';;, ,-Y1 14%-. -.--/7 r .r�- • „u• .!t*-k.' a ij- A -,A,fr 0 ,....4-4- -4::----10, . • . ,,,,i 1-. 1A./.....47.', - .. •'' Ph4f),,, .,,! 7 'td•'ib - • •;4.-11•1: •• 6 -...,,iiii,x).1. 21A.,--k // 11,1 -- • N. 11'1 f '• ?! tt%,, •;.Th•.1 r-s �`•/� . :1,-4_ ( ‘-it....4.4;.....' r"....''41 z4.....‘ • -: _ ____ / 1.t... ____I....v.,•Llea......!:7:.;..r.:6-0:.si:1 ii....;.•..,.;:, ....A1::,...,Fixitir.:.?;1;141:-:?...;.r"=:.:::!".fi::7;.:4-4:::-.47.1%2• 1.41i • :. --•-•/ _ t. *.•,1•11" :_ • •i Ig t— --"-... \ .Yj; •i-• . N J\2/`l.n' t"Ils t /t6 iI :lam'_• ‘/'ihmil F'F" ..wa;/�ui• a � %r- "'J•Jz,ir • t /r:ems �,:. . % - Iri t ' iiv . ,..,_....„, t 11 _ f y l �'A �, �!. .t\Ie‘l)lbr . 1).. t' • 7..:• 41#-.?11 0--....-4..s-a.,/7'.•g•ti:1.;g.*tA, / of ` .r,_,;. :p-:1.4.r y ; — -4 .� F �' tr:' / % _• f�=T„-cam -w -It" .,"4-,.1,..,\....•, -I.v:k-I(v_4i-.-*•,:•.A....Se vie_1,.1,..t..,.t_.'_ 1V-;,.. -�f ".f ♦• 4 •�21�; •� //'y { �'' '/rram� 'i v w• R�•'.� ..1,_ - „b._ /. .i . q :::-..:4. -f 1:14:if i I :::::;:".14 - A'il.-::::f:4L--' ::•..•„:'iicAfi," \ • ' si: r•i;4,. WA, ‘......'4 y. 1bAt !' lf "r~ cc io--\b.v,,t,",,.•..1,.1--;.'".4I.,r.i/•w.,'..4 r • r 45! .2 ' 'ram -�'• 6a . ".1.."e,'l _ 0. Firms t �__ • ;4 11% Ti - i....-. Ili Er:4 I P i k 0- •rN 1 ti f -qkik% et "1 RI'. ' ‘• - ,.••— III !i':.fts.: 1,„ .. ....v,s— ... ?at., ,- ;-____,..z1,114 , I.). r ,,-....t.,,- .„, ,-)_.i ..r-,,,A ,. ,;,, 7F // '7"7Y- . �. 4 i '1�+ r • lea •r VI 717. - , tt- ( r r T t�, 1' -t ~►'7titL • b`4\ 1 I �; ' • • • L 41;,-.„4 •••:- -4. , • .. --71-1 t ,.,,,,, -..tril in-1.-.• .• fir! t. 1 .... ..,..., I - *te.4-1•1), ''' '1. 7 1-L;416:40.f41:f . 1 -If'''.. '..4 / . c • tilli,j101 '''''-a"- ti Li .r./ ./f• fi •; (!,���•,...• i MAP 10 -• -f _ =� ,.' ;..;r.L ,;/. • ue ..iftiiii.H.--1611Nor.(�'"'" A Pl.l `r . . 7 ,, . j'•Z, Adult business Trade Area , r' '—' / _ ' �j ,C• •,` Adult News 2053 So-Lamar Blvd. � gril..=.114 3 � i ,'•�^ �; • Austin, AfN Business Patron li +'it • %' #/i. � i./,��, � f �- ' r . • Out of Town Business Patrons - 4, 5 .• i ''�--1..' .,•, _ . ..• /,�� • Bryan. TX i -. / ' ` -, 1�tg�•V�. • S.lchvills. Ts . . — fl ,41/ 1 J I illit Sal�, • tan Marcos. a IIIIW 14 "lay • rc. Yorr:h. a • • � t 7 1 �i • Ittacr. T?C -` _� z : ' ir I• ., r frila. I I I V I 118 Time, Place, and Manner Regulation of Business Activity ' 7**.• _ M- .. A 1.. .. .... . 1.1.rfs• ki6i..ije.-::.) ifilli.f:' . ii IN J.. Ill .:it:2.ra ) ... , ----1:..t.:!.----- -; ...6;...4;...:. •1.......,,....... ._::, 4. is I •', / !t.g" 0' + ,::i'f'' J j'T �.'. .14.6 � . !.? Iti• ;4 / i t l� �r . ,, •`.,•=•7 O'' , ti % J��:.-.--i ti.•'•11 .i& . r#:4ir « • CtY � t .44 7 _.. vffe.ri ,,,.\;1•:/ty 4 --. "44•711,4 •• ' --Z1-- 0. -... 1 , r • ...„ ,...):A .1, 1.4! , $ 1412r, 7itA 1/ N:Al J �,.•' I -(/ .a a 1 /+1 : • •ate 7., 1••••L' .` •t,!•, r.c `• / ^{ At Sai.,i'i� £..' 'ii._ ..... -2 1;,4;:;:-- 1 " •'''' (114 44 i 'l'i•iitefi WI .44i-j'.;ittau•7 . ....:/,,.., ,.. •.,. , iirl...e./..,... 7. ....„ . ,, Et' 1. •. 'IC I ... it `.41' r..1.11"1-:''' ropt..4tr ;4 L• tn. .e:... ' ;" /► ,, l• ei,:4lb 1 4 9 ;tit ,-. (? .. 2,,Nj... •r-/ ,. ....**.fi; ...114;t7,..r:ii. 11-1,:"..-.0,c --...i ri-1-1..K iii-g.-.,. -.5 , .7..0./"..-. ,:,... _. . ..I, ..44,11% • LM r J /; -�'1' ,'sue • t. +t1t •a.1.'1'i . ':�• i -: • %•li4r / f- •,4.4. -.� tom. N. • .� j t i• �_ -_. / _, _ �--- .';� ,� a• 4. ;.t-,r 1t`•..� r NYC ta ` Y .�� • -•;* -, . fir ell l' • k ./ A il�. -,• .•.,fj(��•r,p*orV ,...p r S ^S_-/1 _ /1 ' , ' �:� ( Eft, A �►JA/' ,p,o�Ti+ �:1J •'ter l �•f�▪ i 1 /•- ,, / -_ J -- /-`� ` , TL'rIIUI •sw�,h:►'I'�. �l `/I' r.: �. '-p • , . i ,..... ,,..."....:Ne ,s.,..,-, • •- A , a - --...•.. ..., �_ .}� '�_i'R . A. All n.4 • ` • .17111M1416 • '444, , . • . .0:. . 1 "'1/47 4! .;. 't, __keel & 4......4„, .-,' •,,,. _ .•-•0)ft,;27. -• MAP 11 , . til r, 4.' re.• jry . O Ct MA WEST 2I30 SOUTH CONGRE93 ~ fJ �'• • A AustU Ana t3wlnass Patron ri".— . �J '~• r' ��� �`: f�3 a.�ll)�` Out Of Town Business Patrons ■ l� .a .! `1� l i .4 2Loekh.rt. Ta. • �• . ( � 4 ANarop, Tx. . lifi _ ' 11 £L.A An , Tx. ` •f f • Appendix B 119 • 7.1.-. :24-.2...... lip•-3.*:. • ' . I =k1 ,,_,A ..3,t,4•,...-2-44.e_Coge;t7;:,; "tij izt'Iler4- -Iv 7 rea2.„ • ' 111 • 111111 I:41164 • .,1� w ,ova• / -s. �i,-44 `J. 11 . .6...ry � �� ;� f1 � s• 1 ts 1 ' (Y4, .-. r.•/.. ..(:▪,4q., . ky... -i . 'r:k._1:1, 11,.. „;7. - .. ' ' \_:.:,.te:• ,iefli pt. diz;hitt./.4 ,I:ri fd..... ilinil• . 41 . -4 / • •;':'• ;r: -I 1(214S--:# ii..?.-p#:-:•:‘,,- /t' x 11# --.. 4N, ;g7TZ▪ '.4 !, J C,"%l: •17 '-+ 5:Z'77.-; 1. 1 e 7- • .... •'t - i• 14,1--V-Si.)_1 iilf..-i'll 4 '--I'l; '7.41.., -...4%• I ....I ,;•:.r,- %.:11. 'i--. 1." 'A ' , . .11;;AW: 1 -1 i g•., =5- .. 44 iiptilf.t....÷.• _411,10 4,_. .,,, ; .. : e, 4$• 4 -. 4!: ')I* *-qw- ef - lb r et .. ;,.. I- . --;--. itt, tit,- , , sk •.. If -•-• '4' 1 - 1) , tr"-• Lie__ (� � Aw rZ / ko . I 1 • jo - law f . „I ,... .1.:.0 il /ff ./ ..--• • . •••2! ; •ii0.--'"C. . i i.f? :0,i'34 11i4..."'`.1 .- 1. `1::, 4 ,,;.,\ • l '7 ' .�•{ tii„ 1( f�f" ' '+7yj�1 ."` `'"!4 O': ' 4• ' 11 t+• `' r-r — vii..:, .., , Ir . .1's 'fr. 7... 111,0,4) ''.‘4:.,.. .%.‘ . •,11V :,;,i, .t• /CP.:;"IP f ,/,f' alt. -: 4._ S �. V •..�,.,1 ., fin•71111K 1; 1-N 0, �=ra .-iJi`�.i ": •i .�/l • �• � `I ;�rI , -1,tc Grp• .v. ,„ , f� r 1 ! ii .47 4 .1 i v l►P,,{ /- � 4 ,Q 17...)7 a +4�_ .- T • ,•_ ' ' 1 --ei• /.4; ,-; .v.fiiir-.it i .f,...,4,.gi,,..,...4, , . ..,t , i ; . r !1; 11:.1 � 1` �ati 1,,;V7,r -c v M•� lit„ r �h f�,. � ' •J f- ti _/ � f_7 �yrr°' , F., 7.• ,A J -11\, E J I. , .47-I ., .4, , _ Li,t,, F . ti ct.7-N7‘."TAI iii0.4-1-1-'" ---ws r..--- .v, MAP ;12 _ , `rte, 4 -,. i YELLOW ROSE Q528 NO. LAMAR ; ' '•1 ; ' - 1. e,a . 1 ik '�- / 4 • Austin Area 8uslnsss Patron - �.. t+ • P i •F , Out Of Town 8uslniss Patrons' �-t, -A �1 it. -�.. �i '4 I `� �r>� ` , v �/ ��11 ~-� *Waco, w o ti:. i♦rrts d: d. Tx. �r �/y , >../ .''.. •• .Giddings. tx. **San Mania. Tx. — C2?. �m J l • ♦lbrgn. Tx- *Corpus Christi. Tx. ' •�0' „ .y g ([ . 4:74,n: a % *Max". Tx° Alt. Arthur. Tx. ■ u/'/,' ,: -,,��,}10444 1 Y S' ' *tunas. Tx. ♦Garland. h Tx. ia. a ( ♦patfinStOn. Tk. ♦Pitt s • ,� I ere v E a �*• ♦Gdar Parh. Tx. �xoustoo. Tx. •fix'` ♦Liberty Kill. Ti. LlSia. Tx. �� / :' *Dale. Ti. �bund bet. Ti. ') fa� j _� 5�'''1 'Mb,• ♦Nrtrw hc. (*Del vale. tic. 1 v . 120 Time, Place, and Manner Regulation of Business Activity Three adult business sites were examined; an adult theater, an adult bookstore, and a topless bar.. Due to study constraints, observation of these sites was limited to a single weekend night. It is believed, however, that the results of this examination reflect a reasonably accurate representation of the trade area of each business. Results The general location of customer residences was plotted on a map along with the location of the observed adult business. Addresses located outside of the Austin area or not found on the map are listed on the map legend. Maps 10,11, and 12 illustrate the residences of observed customers with respect to the adult business surveyed. These maps indicate that the location of customers is fairly evenly distributed throughout the City, particularly in the case of the topless club, (map 12). None of the three businesses observed appear to attract a significant number of customers from the immediate neighborhood. Of the 81 observations made only 3 were located within a one mile radius of the adult business. It should be noted that all of the adult businesses studied had single-family-residential neighborhoods in the immediate vicinity. Almost half (44 percent) of the observed customers resided outside of the City of Austin. Table 15 summarizes this analysis for each of the adult businesses. Table 15 Residence of Observed Customers Adult Theater Adult Bookstore Topless Bar Within Austin 8 4 34 Outside of Austin 6 7 23 Total 14 11 57 121 Appendix IS CHAPTER IV CONCLUSIONS A. CRIME RATES The results of this study indicate that there can be significant detrimental impacts on neighborhoods located near adult businesses. An analysis of sex-related crime rates,in areas with adult businesses (Study Areas) revealed rates approximately two to five times higher than city-wide averages. Control Areas, which contain no adult businesses but have, similar locations and land uses as the Study Areas, were found to have sex related crime rates approximately the Areas er, d crisie s y with more than Study Areas with one adult business. B. PROPERTY VALUES The results of the assessment of the impact of adult businesses on property values suggests tshat locatede may be a within one blockeofeanladult ne in residential property value on the subjective business site. There is an indication, basedthat; the introduction opinions of real estate appraisers and lenders, _ of an adult business into an area adjacent eto .familya tientid, o ter- occupied residential neighborhoods may p P more transient, renter-occupied neighborhood. The results of the survey of appraisers and lenders closely parallels; the results of a similar survey conducted in Los Angeles, California and nationwide surveys conducted by the Division of Planning in Indiana. C. TRADE AREA CHP1ACTERISTICS The analysis of the trade area characteristics of the adult business sites indicates that these businesses draw a substantial portion of their clientele from outside the immediate area, in which they are located, and a sizable percentage of their clientele appear to reside outside the Austin area. From a land use standpoint', these businesses exhibit characteristics similar to other regionally oriented commercial service businesses. D. RECOMMENDATIONS Zone Districts The analysis of the trade area characteristics of adult businesses revealed that they tended to attract a regional rather than local clientle. This finding suggests that such uses should be restricted to regionally oriented commercial zone districts. These districts are usually located along heavily traveled streets such as arterials and interstate highways, and are not normally near single-family neighborhoods. Commercial zone districts thatsaredesig lforr ea regional orientation include CBD, DMU, O . extent, the GR, L, MI, and LI zone districts. 122 Time,Place, and Manner Regulation of Business Activity The assignment of proper zone districts must also consider the type of adult business. Adult Entertainment Businesses, (including bookstores, theaters, and film stores) represent a form of free speech which is protected by the First Amendment. Regulation of these uses must not unduly restrict freedom of speech. Adult Service Businesses, such as massage parlors and modeling studios, are not as sensitive to First Amendment issues. Adult Entertainment Businesses are recommended in the GR, L, CBD, DMU, CS, CS-1, CH, MI, and LI zone districts and Adult Service Business are recommended in the L, CBD, DMU, CS, CS-1, and CH zone districts. Conditional Use Permits The conditional use permit process offers a viable method of regulating adult businesses by providing an extra degree of review needed to address the potential impacts adult businesses generate to surrounding neighborhoods. Unlike traditional zone district regulations, conditional use permits require site plan review, thus affording additional analysis and control. Austin's current zoning ordinance prohibits adult businesses from locating within 1000 feet of any property- zoned or used as residential. This provision led to the invalidation of the ordinance in the suit initiated by Taurus Enterprises because it was found that almost all commercially zoned property is, in fact, located within 1000 feet of residential property. This is particularily true in older areas of the City where narrow strip commercial development is flanked by residential use. This restriction should be eliminated from the ordinance and the issue of neighborhood protection should be addressed via the conditional use permit. Conditional use permits are recommended in the GR, L, DMU, MI, and LI zoning districts for Adult Entertainment businesses and for Adult Service businesses they are recommended in the L, DMU, CS and CS-1 zone districts. See Table 16 for a summary of these recommendations. Table 16 Zoning Summary GR L CBD DMU CS CS-1 CH MI LI • Adult Entertainment Businesses C C P C P P P C C Adult Service Businesses - C P C C C P - - C - Conditional Use P - Permitted Use a 123 Appendix B . Dispersion of Adult Businesses The analysis of sex-related crime rates revealed. that;when more than one business was located in a study area, the crime rate was 66% higher. In order to address this potential problem, the regulation of adult businesses should prohibit their concentration. : Presently, the ordinance requires a 1,000 foot (about three city blocks) seperation between adult businesses. This requirement should be continued. E. POTENTIAL LOCATIONS The available use district maps were examined to identify p tennttiall locations where new adult entertanment business would 'be pe rmied establish. Although the available maps do not provide full coverage of the city, the most heavily urbanized sections of the city were examined. ' The analysis found 4534 parcels of land of various sizes where an adult entertainment business would be permitted as a use by right under ' the current zoning assigned to these, parcels. Adult entertainment businesses would be allowed as a conditional use on an additional 3328 parcels. These locations are located throughout the city and offer extensive sites for the establishment of new adult entertainment business. Permitted locations , were found on approximately 110 use district maps, which comprise well over 90% of all maps examined. The maps will be retained on file 'in the Office of Land Development Services, 301 West Second Street, Austin, Texas 78767. F. CONCLUSIONS Implementation of the above recommended regulations will assure protection of First Amendment rights, and will also allow adult oriented business to operate without adversely affecting the property values and crime rates in surrounding neighborhoods. 0 124 Time, Place, and Manner Regulation of Business Activity Appendix A Analysis of Adult Business Studies in Indianapolis, Indiana and Los Angeles, California. A. INDIANAPOLIS, INDIANA' In February, 1984, the Division of Planning in Indianapolis published a report entitled Adult Entertainment Businesses in-Indianapolis: An Analysis. This report contained the results of an evaluation of the impact of adult business upon the surrounding area in terms of crime rates and real estate values. Incidence of Crime Methodology. The Indianapolis study assessed the impact of adult entertainment businesses on crime rates by researching six areas containing adult businesses and six similar areas containing no adult businesses. The six Study Areas were selected from among the forty three adult business locations. The criteria used to select the Study Areas were their zoning mix, population size, and the relative age of their housing stock. The Control Areas (having no adult businesses) were chosen on the basis of their proximate location to the Study Areas and their similarity in terms of population size and zoning mix. Of the six Study Areas, two consisted primarily of residential zoning, two consisted primarily of commercial zoning, and two contained a mix of both residential and commercial zoning. A11 Study and Control Areas were circular in shape with a 1000 foot radius. The Indianapolis study evaluted crimes in the Study and Control Areas for the years 1978 through 1982. The study compiled all reported incidents to which police were dispatched. These data were assembled into two groups: Major Crimes and Sex-Related Crimes. Major Crimes included Criminal Homicide, Rape, Robbery, Aggravated Assault, Residence and Non-Residence Burglary, Larceny, and Vehicle Theft. Sex-Related Crimes included Rape, Indecent Exposure, Obscene Conduct, Child Molestation, Adult Molestation, and Commercial Sex. Results. The evaluation found that for both the Study and Control Areas, the rate of major crimes was higher than the corresponding rate for the Indianapolis Police District as a whole. The average annual rate for major crimes in the Study Areas was 23 percent higher than the corresponding rate in the Control Areas. Comparison of the rates for sex-related crimes indicated a considerably larger difference between the Study and Control Areas. The average annual rate for sex-related crimes in the Study Area was 77 percent higher than the corresponding rate in the Control Area. The study also found a strong correlation between the crime frequency and the residential character of the Study areas. Crime rates were 56 percent higher in predominantly residential areas than in predominantly commercial areas. The study found a more acute difference regarding sex-related crimes. Sex-related crimes occurred four times more frequently in predominantly residential areas than in areas that were substantially commercial in nature. Appendix B 125 Real Estate Impacts methodology. The Indianapolis report also evaluated the oim�pacttof_ of adult businesses on property values. The report app red the evaluation from two perspectives. The first approach comps rates residential property appreciationof the Study Areas to those ofra geographical area that ;included the the Control Areas and to a larger geog P roach surveyediprofessional Study and Control Areas. The second app real estate appraisers to establish a• "best professional opinion" regarding the market effect of adult businesses on surrounding land values. The first part of the evaluation � ed three eesessurces in the assessment of residential property appreciation. re: the Indianapolis Residential Multiple Listing Summar'ries of the Metropolitan Indianapolis Board of Realtors; 1980 CensusData; and the an Home annual lending institution statements required by the Mortgage Disclosure Act. The second part of the evaluation solicited the opinions of members of the American Institute of Real Estate • Appraisers (AIREA). The survey sample was drawn at twollevels. A 20 percent random sample of AIREA members from across the nation was constructed. A 100 percent sample of professional appraisers with the MAI (Member Appraisal Institute) designation, who practiced in the 22 Metropolitan Statistical Areas similar in size to Indianapolis, was compiled. The survey questionnaire was formulated to solicit information concerning the effect of adult businesses on residential and commercial property located within one to three blocks of the business site. Results. The report adopted the following conclusions regarding the appreciation of residential properties. First, residential properties within the Study Areas appreciated at only one-half the rate of the Control Areas and one-third the rate of Center Township (representing g the performance of the market at a broader scale).' Second, residential listing activity declined 52 percent in the Control Areas and 80 percent in Center Township, in the Study, Area listings increased 4 percent. The report found that "twice the expected number of houses were placed on the market at substantially lower prices than would be expected had the Study Area real estate market performed typically for the period of time in question iser survey are The picted in Tablelated results 1. Fromf the these results, thelreportaconcluded that: P 1. The large majority of appraisers felt that there is a negative impact on residential and commercial property values within one block of an adult bookstore. 2. The negative impact decreased markedly with distance from the adult bookstore. At a distance of three blocks the negative impact was judged by appraisers to be less than half that when compared to a distance of one block. • 126 Time, Place,and Manner Regulation of Business Activity . The majority felt that the negative impact was greater for residential properties than for commercial properties. Table I Effect of Adult Businesses on Property Values in Indianapolis, Indiana Decrease Decrease Decrease Nb change Increase Increase 20% or 10 to 1 to 1 to " - "" 10 to more 20% 10% 10% 20% Residential Property One Block Radius 201 National Survey 21.3 24.5 34.1 20.1 0.0. 0.0 100% MSA Survey 19.0 25.4 33.6 21.1 0.9 0.0 Commercial Property One Block Radius -1% National Ivey 10.0 19.3 42.6 28.1 0.0 0.0 100% MSA Survey 9.5 20.3 • 39.9 29.9 0.9 0.4 Residential Property Three Block Radius 20% National Survey 1.6 9.3 -25.4 63.3 0.4 0.0 100% MSA Survey 2.6 7.8 28.9 60.3 0.4 0.0 Commercial Property Three Block Radius • 20% National Survey 0.8 5.2 16.5 76.6 0.8 0.0 100% MSA Survey 2.2 3.9 16.8 75.9 1.3 0.0 • � 127 Appendix B • The Indianapolis appraiser survey included a question designed to help establish the basis for their opinions regarding the degree to which rt values in general. Almost 90 percent off those responding to the survey p .fi businesses affect property provided responses to this question. In the national survey, 29 percent saw little or .no effect on surrounding property values resulting from adult businesses. Th theey listed as a basis their professional experience; the this use generally occurs effectalofady o lYteoneradultated nbusiness would be rhoods; and the feeling that t inconsequential. One half of the respondents projected a substantial to moderate negative impact on surrounding property values. Their responses were based on the feeling: that adul t businessess createta~badeimage of the sirables" to the neighborhood; that adult of use offends the prevailing community area; and that this typeattitudes thus discouraging homebuyers and customers from frequenting the area. Twenty percent of the respondents indicated that the potential impact on surrounding property values was, contingent on other variables. Many felt the impact would be contingent on the e resident propertyme values thatthe.area and development standarrdsctive,' value of area controlling facade residents. Some ct,� while others and signage would determine the degree of imps indicated that the nature of the existing factores fluencinrcial area g and its buffering capacity as the most important act on surrounding property values. 1 The MSA survey results closely paralleled those of the national survey. Two additional responses are noteworthy.: First, some respondents indicating a substantial to moderate negative impact based their opinion on the feeling that such uses precipitate decline and discourage improvements in the area. Second, some respondents felt ast the impact on property adult businesses wouldnbent on attractedher Or to thenot it area. was likely that other , B. LOS ANGELES, CALIFORNIA . . In June, 1977 the Department of City Planning of. the City of Los Angeles published a report entitled Study of the, Effects of the Concentration of Adult Entertainment Establishments in' the City of Los Angeles. The study includes an evaluation of the impact of adult businesses on both crime rates and property values. Incidence of Crime Methodology. The City's study evaluated the impact of adult businesses on criminal activity by comparing crime rates in Hollywood to crime rates for the city. Hollywood was selected as a study area because of its high concentration of adulthbusinesses. bThenstudy focused on the years 1969 to 1975, during in Hollywood'proliferated from 11 to 88 establishments. i 1 • 128 Time, Place, and Manner Regulation of Business Activity Results. The City's study monitored trends in Part 1 crimes. Part 1 crimes include homicide, rape, aggravated assault, robbery, burglary, larceny, and vehicle theft. The number of reported incidents of Part 1 crimes in the Hollywood area increased 7.6 percent from 1969 to 1975. . This was nearly double the citywide average increase of 4.2 percent for the same time period. This report also monitored Part I crimes committed against a person (as opposed to those committed against property) and found that they increased at a higher than average rate in the Hollywood Area. Street robberies and purse snatchings, where in the victims were directly accosted by their assailant, increased by 93.7 percent and 51.4 percent, respectively; compared to the city wide average increase of 25.6 percent and 36.8 percent. The increase in arrests for Part II crimes indicated an alarming differential . between the Hollywood area and the city as a whole. Arrests for these crimes increased 45.5 percent in the Hollywood area but only.3.4 percent city wide. Prostitution arrests in the Hollywood area increased at a rate 15 times greater than the city average. While the city showed a 24.5 percent increase, prostitution arrests in Hollywood increased 372.3 percent. In 1969, arrests for prostitution in the Hollywood area accounted for only 15 percent of the city total; however, by 1975 they accounted for over 57 percent of the total. In the Hollywood area pandering arrests increased by 475 percent, which was 3 1/2 times greater than the city wide average. In 1969 pandering arrests in the Hollywood area accounted for 19 percent of the city total. By 1975, the share had increased to 46.9 percent. The Los Angeles Police Department increased their deployment of police personnel at a substantially higher rate in the Hollywood area in response to the surge in crime. The report emphasized that sexually-oriented business either contributed to or were directly responsible for the crime problems in the Hollywood area. Real Estate Impacts Methodology. The study prepared by the City of Los Angeles utilized a two point approach in evaluating the impact of adult businesses on surrounding property values. The primary approach sought to establish the impact on property values by monitoring changes in assessed value from 1970 to 1976 for selected areas having concentrations of adult businesses and for appropriate control areas. The report selected five - study areas containing 4 to 12 adult entertainment businesses. Three study areas were in Hollywood and the other two were in the San Fernando Valley. Four control areas, having no adult businesses were selected. The study examined property assessment data, U.S. census data, and other pertinent information to determine the rate ' of appreciation over the six year study period. The rates for the Study Areas were compared to the rates for the Control Areas to gauge the impact of adult businesses on property values. Appendix B 1�9 The second approach of the study used survey questionnaires to subjectively establish the impact of adult businesses :on surrounding residential and commercial properties. Two questionnaires were prepared. The first questionnaire was distributed to 'all members of the American Institute of Real Estate Appraisers having a LosAAngeles address and to members of the California Association of Realtors having offices in the vicinity of the Study Areas. The second questionnaire was distributed to all• property owners (other than single family residential) within 500 feet of the Study Areas. - The results of these surveys were supplemented with input from the general public obtained at two public meetings held in the areal Results. The evaluation found that there was some basis to conclude that the assessed valuation of property within the Study Areas had generally tended to increase at a lesser rate than similar areas having no adult businesses. However, the report noted that in the opinion of the planning staff there was insufficient evidence to support - the contention that concentrations of adult businesses have been the primary cause of these patterns of change in assessed valuation. The appraiser questionnaire was distributed to 400 real estate professionals with 20 percent responding. The results can be summarized as follows: 1. 87.7% felt that the concentration of adult businesses would decrease the market value of business property located in the vicinity of such establishments. 2. 67.9% felt that the concentration of adult businesses would decrease the rental value of business property located in the vicinity of such establishments. 3. 59.3% felt that the concentration of adult businesses would decrease the rentability/salability of business property located in the vicinity of such establishments. • 4. 72.8% felt that the concentration of adult businesses would decrease the annual income of businesses located in the vicinity of such establishments. 5. Over 90% felt , that the concentration of adult businesses would decrease the ' market value of private residences located within 1000 feet. 6. Over 86% felt that the concentration of adult businesses would decrease the rental value of residential income property located within 1000 feet. 7. Almost 90% felt that the concentration of adult businesses would decrease the rentability/salability of residential property located within 1000 feet. 1 . 130 Time, Place, and Manner Regulation of Business Activity Respondents to the appraisers' survey commented that the adverse erfects are related to the degree of concentration and the type of adult business. They indicated that one free standing adult business m.ty have no effect. A few comments indicated that property values and business volume might increase for businesses that are compatible with adult entertainment businesses (e.g.: other adult businesses, bars). A high percentage of appraisers and realtors commented on the adverse effect of adult businesses on neighborhood appearance, litter, and graffiti. The survey of property owners indicated that almost 85 percent felt that adult entertainment establishments had a negative effect on the sales and profits of businesses in the area. Over 80 percent felt that adult businesses had a negative affect on the value and appearance of homes in the area immediately adjacent to such businesses. Area property owners and businessmen cited the following adverse effects resulting from adult entertainment establishments. 1. Difficulty in renting office space. 2. Difficulty in keeping desirable tenants. 3. Difficulty in recruiting employees. 4. Limits hours of operation (evening hours). 5. Deters patronage from women and families. 6. Generally reduces business patronage. Respondents emphasized their concerns about the high incidence of crime. A high percentage of respondents commented that the aesthetics of adult businesses are garish, sleazy, shabby, blighted, tasteless, and tend to increase the incidence of litter and graffiti. Testimony received at the two public meeting on this subject revealed that there was serious public concern over the proliferation of adult entertainment businesses, particularly in the Hollywood area. Citizens testified that they are afraid to walk the streets, particularly at night. They expressed concern that children might be confronted by unsavory characters or exposed to sexually explicit material. AppendixB 131 Appendix B TYPES OF CRIMES Part 1 Crimes Murder Capital Murder Ciiminal Negligent Homicide/Non-Traffic Criminal Negligent Homicide/Traffic Involuntary Manslaughter/Traffic Justified Homicide Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault Rape of-a Child Attempted Rape of a Child Aggravated Robbery/Deadly Weapon ; Attempted Aggravated Robbery/Deadly Weapon Aggravated Robbery by Assault Robbery by Assault Attempted Robbery by Assault Attempted Murder Attempted Capital Murder Aggravated Assault Aggravated Assault on a Peace Officer Deadly Assault Serious Injury to a Child Arson with Bodily Injury Burglary of a Residence Attempted Burglary of a Residence Burglary of a Non-Residence Attempted Burglary of a Non-Residence Theft Burglary of a Vehicle Burglary of a Coin-Operated Machine Theft from Auto Theft of Auto Parts Pocket Picking Purse Snatching Shoplifting Theft of Service Theft of Bicycle Theft from Person Attempted Theft Theft of Heavy Equipment Theft of Vehicle/Other • 132 Time, Place, and Manner Regulation of Business Activity to Theft Attempted Auto Theft Unauthorized use of a vehicle Sex Related Crimes Sexual Assault Attempted Sexual Assault Aggravated Sexual Assault Attempted Aggravated Sexual Assault Rape of a Child Attempted Rape of a Child Prostitution Promotion of Prostitution Aggravated Promotion of Prostitution Compelling Prostitution Sexual Abuse Aggravated Sexual Abuse Attempted Aggravated Sexual Abuse Public Lewdness Indecent Exposure Sexual Abuse of a Child Attempted Sexual Abuse of a Child iecency with a Child _acest Solicitation Appendix B 133 Appendix C COMPOSITION OF STUDY & CONTROL AREAS BY ZONING DISTRICT Area One Area Two Area Three Area Four Study Control Study Control Study Control Study Control 1-SF-3 2.92 SF-3 18.78 26.97 25.43 22.31 33.26 47.29 22.49 22.39 SF-3-H MF-2 3.30 2.64 .77 2.32 1.72 MF-3 .94 1.93 1.38 7.88 2.64 1.03 1.00 MF-4 .28 2.69 MF-5 LO 4.47 1.45 .57 1.17 2.72 1.02 GO .43 CS 13.90 15.88 26.54 13.06 10.31 1.21 13.16 24.99 CS-1 1.12 .78 .34 .40 15.44 1.55 CS-H GR .98 .34 7.40 2.27 1.12 .77 1.55 LR .54 .89 .37 3.78 3.62 LI ' AVIATION 3.05 L1NZ ROAD ROW 22.59 22.33 17.65 20.53 14.51 12.74 17.51 14.34 TOTAL 72.12 72.12 72.12 72.12 72.12 72.12 72.12 72.12 • 134 Time, Place, and Manner Regulation of Business Activity Appendix D QUESTIONNAIRE Please complete this brief survey and return it to the Office of Land Development Services by December 4, 1985. Read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgement. A middle-income, single-family residential neighborhood borders a main • street that contains various commercial activities that serve the neighborhood. There is a building that recently has become vacant and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is.no other vacant commercial space presently available in the area. Please indicate your answers to questions 1 through 4 in the blanks provided using scale A through G. Scale: (A) Decrease 20% or more (B) Decrease more than 10 % but less than 20% (C) Decrease from 0 to 10% (D) No change in value (E) Increase from 0 to 10% (F) Increase more than 10% but less than 20% (G) Increase 20% or more 1) How would you expect the average values of the single-family residential property within one block of the bookstore to be affected? 2) How would you expect the average values of the commercial property within one block of the bookstore to be affected? 3) How would expect the average values of the single-family residential property within three blocks of the bookstore to be affected? 4) How would you expect the average values of commercial property within three blocks to affected? 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the average value of the residential property within one block of the new business be: (A) much higher; (B) somewhat higher; (C) about the same; (D) somewhat lower; or (E) much lower; than if an adult bookstore occupied the site. r 135 AppendixB Store-front church Drug rehabilitation center Pool hall Ice cream parlor Welfare offi ce Video-game parlor I' __ Neighborhood tavern Adult Video Arcade Record store Topless 'Bar Medical Office Massage parlor Branch Library Adult Theater 6) In general, to what degree do you feel adult entertainment businesses affect property values? 7) Why do you feel this way? 8) Are you affiliated with a professional real estate appraisal organization? If so, please specify. OPTIONAL: Name and Name of Firm • Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989) introduction Many communities in Minnesota have raised concerns about the impact of sexually oriented businesses on their quality of life. It has been suggested that sexually oriented businesses serve as a magnet to draw prostitution and other crimes into a vulnerable neighborhood. Community groups have also voiced the concern that sexually oriented busi- nesses can have an adverse effect on property values and impede neighborhood revitalization. It has been suggested that spillover effects of the businesses can lead to sexual harassment of residents and scatter unwanted evidence of sexual liaisons in the paths of children and the yards of neighbors. Although many communities have sought to regulate sex- ually oriented businesses,these efforts have often been con- , 377 EXHIBIT E-4 App. B/Adult Businesses Minnesota Attorney General's Report/App. B troversial and equally often unsuccessful.Much community regulating sexually oriented businesses. sentiment against sexually oriented businesses is an out- The Working Group heard testimony and conducted brief- growth of hostility to sexually explicit forms of expression. ings on the impacts of sexually oriented businesses on crime and communities and the methods available to reduce or Any successful strategy to combat sexually oriented busi- eliminate these impacts. Extensive research was conducted nesses must take into account the constitutional rights to to review regulation and prosecution strategies used in other free speech which limit available remedies.Only those pornographic materials which are determined states and to analyze the legal ramifications of these strate- to be "obscene" have no constitutional protection. As ex- gies. As testimony was presented,the Working Group reached plained later in more detail, only that pornography which, a consensus that a comprehensive approach is required to according to community standards and taken as a whole, reduce or eliminate the impacts of sexually oriented busi- "appeals to the prurient interest"(as opposed to an interest nesses. Zoning and licensing regulations are needed to pro- in healthy sexuality),describes or depicts sexual conduct in tect residents from the intrusion of"combat zone" sexual a"patently offensive way"and"lacks serious literary,antis- � crime and harassment into theirneighborhooda.Prosecution tic, political or scientific value," can be prohibited or prose- of obscenity has played an important role in each of the cities cuted.Miller v. California, 413 U.S. 15, 24(1973).Other pornography and the businesses which purvey it which have significantly reduced or eliminated pornography. The additional threat posed by the involvement of organized can only be regulated where a harm is demonstrated and the crime,if proven to exist,may justify the resources needed for remedy is sufficiently tailored to prevent that harm without burdening First Amendment rights. In order to reduce or prosecution of obscenity or require use of a forfeiture or racketeering statute. eliminate the impacts of sexually oriented businesses, each The Working Group determined that it could neither ad- community must find the balance between the dangers of vocate prohibition of all sexually explicit material nor the use pornography and the constitutional rights to free speech. Each community must have evidence of harm.Each commu- of regulation as a pretext to eliminate all sexually oriented businesses.This conclusion is no endorsement of pornogra- phy must know the range of legal tools which can be used to phy or the businesses which profit from it. The Working combat the adverse impacts of pornography and sexually Group believes much pornography conveys a message which oriented businesses. is degrading to women and an affront to human dignity. On June 21,1988,Attorney General Hubert Humphrey III Commercial pornography promotes the misuse of vulnerable announced the formation of a Working Group on the Regu-lation of Sexually Oriented Businesses to assist public offi- people and can be used by either a perpetrator or a victim to rationalize sexual violence. Sexually oriented businesses cials and private citizens in finding legal ways to reduce the have a deteriorating effect upon neighborhoods and draw impacts of sexually oriented businesses. Members of the involvement of organized crime. Working Group were selected for their special expertise in Communities are not powerless to combat these problems. the areas of zoning and law enforcement and included bipar- - But to be most effective in defending itself from pornography tisan representatives of the state Legislature as well as each community must work from the evidence and within members of both the Minneapolis and St.Paul city councils &, the law. The report of this Working Group is designed to • who have played critical roles in developing city ordinances • ��' _79 378 dim App. B/Adult Businesses Minnesota Attorney General's Report/App. B assist local communities in developing an appropriate and (1) City and county attorneys' offices in the Twin Cities effective defense. metropolitan area should designate a prosecutor to pur- The first section of the report discusses evidence that sue obscenity prosecutions and support that prosecutor sexually oriented businesses, and the materials from which with specialized training. they profit, have an adverse impact on the surrounding (2) The Legislature should consider funding a pilot program communities.It provides relevant evidence which local corn- to demonstrate the efficacy of obscenity prosecution and munities can use as part of their justification for reasonable should encourage the pooling of resources between regulation of sexually oriented businesses. The Working Group also discussed the relationship be- urban and suburban prosecutor offices by making such tween sexually oriented businesses and organized crime. cooperation a condition for receiving any such grant Concerns about these broader, effects of sexually oriented funds. businesses underlie the Working Group's recommendations (3) The Attorney General should provide informational re- that obscenity should be prosecuted and the tools of obscen- sources for city and county attorneys who prosecute ity seized when sexually oriented businesses break the law. obscenity crimes. The second section of this report describes strategies for regulating sexually oriented businesses and prosecuting ob- (4) Obscenity prosecutions should begin with cases involv- ing those materials which most flagrantly offend commu- scenity. The report presents the principal alternatives, the nity standards. recommendations of the Working Group and some of the legal issues to consider when these strategies are adopted. (5) The Legislature should amend the present forfeiture stat- The goal of the Attorney General's Working Group in ute to include as grounds for forfeiture all felonies and providing this report is to support and assist local communi- gross misdemeanors pertaining to solicitation, induce- ties who are struggling against the blight of pornography. ment, promotion or receiving profit from prostitution When citizens,police officers and city officials are concerned and operation of a"disorderly house." about crime and the deterioration of neighborhoods,each of us lives next door. No community stands alone. (6) The Legislature should consider the potential for a RICO- like statute with an obscenity predicate. Summary (7) Prosecutors should use the public nuisance statute to enjoin operations of sexually oriented businesses which The Attorney General's Working Group on the Regulation repeatedly violate laws pertaining to prostitution, gam- of Sexually Oriented Businesses makes the following recom- bling or operating a disorderly house. mendations to assist communities in protecting themselves from the adverse effects of sexually oriented businesses. (B) Communities should document findings of adverse sec- Some or all of these recommendations may be needed in any ondary effects of sexually oriented businesses prior to given community.Each community must decide for itself the enacting zoning regulations to control these uses so that nature of the problems it faces and the proposed solutions such regulations can be upheld if challenged in court. which would be most fitting. (9) To reduce the adverse effects of sexually oriented busi- 380 381 App. B/Adult Businesses Minnesota Attorney General's Report/App. B nesses, communities should adopt zoning regulations Impacts of Sexually Oriented Businesses which set distance requirements between sexually ori- The Working Group reviewed evidence from studies con- ented businesses and sensitive uses, including but not ducted in Minneapolis and St. Paul and in other cities limited to residential areas,schools,child care facilities, throughout the country.These studies, taken together, pro- churches and parks. vide compelling evidence that sexually oriented businesses (10) To reduce adverse impacts from concentration of these are associated with high crime rates and depression of prop- businesses, communities should adopt zoning ordi- ertyvalues.In addition,the Working Group heard testimony nances which set distances between sexually oriented that the character of a neighborhood can dramatically businesses and between sexually oriented businesses and change when there is a concentration of sexually oriented liquor establishments, and should consider restricting businesses adjacent to residential property. sexually oriented businesses to one use per building. • (11) Communities should require existing businesses to corn- Minneapolis Study ply with new zoning or other regulation of sexually In 1980, on direction from the Minneapolis City Council, oriented businesses within a reasonable time so that the Minneapolis Crime Prevention Center examined the prior uses will conform to new laws. effects of sex-oriented and alcohol-oriented adult entertain- (12) Prior to enacting licensing regulations, communities ment upon property values and crime rates.This study used should document findings of adverse secondary effects both simple regression and multiple regression statistical of sexually oriented businesses and the relationship be- analysis to evaluate whether there was a causal relationship tween these effects and proposed regulations so that between these businesses and neighborhood blight. such regulations can be upheld if challenged in court. The study concluded that there was a close association (13) Communities should adopt regulations which reduce the between sexually oriented businesses,high crime rates and likelihood of criminal activity related to sexually ori- low housing values in a neighborhood. When the data was ented businesses,including but not limited to open booth reexamined using control variables such as the mean income ordinances and ordinances which authorize denial or in the neighborhood to determine whether the association revocation of licenses when the licensee has committed proved causation,it was unclear whether sexually oriented offenses relevant to the operation of the business. businesses caused a decline in property values.The Minnea- polis study concluded that sexually oriented businesses con- (14) Communities should adopt regulations which reduce centrate in areas which are relatively deteriorated and, at exposure of the community and minors to the blighting most, they may weakly contribute to the continued depres- appearance of sexually oriented businesses, including sion of property values. but not limited to regulations of signage and exterior However, the Minneapolis study found a much stronger design of such businesses, and should enforce state law relationship between sexually oriented businesses and crime requiring sealed wrappers and opaque covers on sexually rates. A crime index was constructed including robbery, oriented material. burglary, rape and assault. The rate of crime in areas near sexually oriented businesses was then compared to crime 382 11 383 App. B/Adult Businesses Minnesota Attorney General's Report/App. B rates in other areas. The study drew the following conclu- location of an adult business in the area. sions: (4) There is a significantly higher crime rate associated (1) The effects of sexually oriented businesses on the with two such businesses in an area than is associ- crime rate index is positive and significant regardless ated with only one adult business. of which control variable is used. (6) Housing values are also significantly lower in an area (2) Sexually oriented businesses continue to be associ- where there are three adult businesses than they are ated with higher crime rates, even when the control in an area with only one such business. variables'impacts are considered simultaneously. Similar conclusions about the adverse impact of sexually According to the statistical analysis conducted in the oriented businesses on the community were reached in stud- Minneapolis study, the addition of one sexually oriented ies conducted in cities across the nation. business to a census tract area will cause an increase in the overall crime rate index in that area by 9.15 crimes per thousand people per year even if all other social factors Indianapolis remain unchanged. In 1983, the City of Indianapolis researched the relation- ship between sexually oriented businesses and property St. Paul values.The study was based on data from a national random sample of 20 percent of the American Institute of Real Estate In 1978,the St.Paul Division of Planning and the Minne- Appraisers. sota Crime Control Planning board conducted a study of the The Study found the following: relationship between sex-oriented and alcohol-oriented (1) The appraisers overwhelmingly (80%) felt that an adult entertainment businesses and neighborhood blight. adult bookstore located in a neighborhood would have This study looked at crime rates per thousand and median a negative impact on residential property values housing values over time as indices of neighborhood deterio- within one block of the site. ration. The study combined sex-oriented and alcohol-ori- ented businesses,so its conclusions are only suggestive of the (2) The real estate experts also overwhelmingly (71%) effects of sexually oriented businesses alone. Nevertheless, believed that there would be a detrimental effect on the study reached the following important conclusions: commercial property values within the same one (1) There is a statistically significant correlation be- block radius. tween the location of adult businesses and neighbor- (3) This negative impact dissipates as the distance from hood deterioration. the site increases, so that most appraisers believed (2) Adult entertainment establishments tend to locate in that by three blocks away from an adult bookstore, somewhat deteriorated areas. its impact on property values would be minimal. (3) Additional relative deterioration of an area follows Indianapolis also studied the relationship between crime rates and sexually oriented bookstores, cabarets, theaters, 384 385 App. B/Adult Businesses Minnesota Attorney General's Report/App. B arcades and massage parlors. A 1984 study entitled "Adult Los Angeles Entertainment Businesses in Indianapolis"found that areas with sexually oriented businesses had higher crime rates A study released by the Los Angeles Police Department in than similar areas with no sexually oriented businesses. 1984 supports a relationship between sexually oriented busi- nesses and rising crime rates. This study is less definitive, (1) Major crimes, such as criminal homicide, rape, rob- since it was not designed to use similar areas as a control. bery,assault,burglary,and larceny,occurred at a rate The study indicated that there were 11 sexually oriented that was 23 percent higher in those areas which had adult establishments in the Hollywood, California, area in sexually oriented businesses. 1969.By 1975,the number had grown to 88.During the same (2) The sex-related crime rate,including rape, indecent time period,reported incidents of"Part 1"crime(i.e.,homi- exposure, and child molestation, was found to be 77 cide,rape,aggravated assault,robbery,burglary,larceny and percent higher in those areas with sexually oriented vehicle theft) increased 7.6 percent in the Hollywood area businesses. while the rest of Los Angeles had a 4.2 percent increase."Part 11" arrests (i.e., forgery, prostitution, narcotics, liquor law violations,and gambling)increased 3.4 percent in the rest of Phoenix Los Angeles,but 45.4 percent in the Hollywood area. The Planning Department of Phoenix,Arizona published a study in 1979 entitled"Relation of Criminal Activity and Concentration of Sexually Oriented Businesses Adult Businesses."This study showed that arrests for sexual Neighborhood Case Study crimes and the location of sexually oriented businesses were directly related.The study compared three areas with sexu- In St. Paul, there is one neighborhood which has an ally oriented businesses with three control areas which had especially heavy concentration of sexually oriented busi- similar demographic and land use characteristics, but no nesses.The blocks adjacent to the intersection of University sexually oriented establishments.The study found that, Avenue and Dale Street have more than 20 percent of the city's adult uses (4 out of 19), including all of St. Paul's (1) Property crimes were 43 percent higher in those sexually oriented bookstores and movie theaters. areas which contained a sexually oriented business. The neighborhood, as a whole, shows signs of significant distress, including the highest unemployment rates in the (2) The sex crime rate was 600 percent higher in those city,the highest percentage of families below the poverty line areas with sexually oriented businesses. in the city, the lowest median family income and the lowest (3) The study area with the greatest concentration of percentage of high school and college graduates.(See 40-Acre sexually oriented businesses had a sex crimes rate Study on Adult Entertainment,St.Paul Department of Plan- over 11 times as large as a similar area having no ping and Economic Development, Division of Planning, sexually oriented businesses. 1987,at 19.)It would be difficult to attribute these problems in any simple way to sexually oriented businesses. However, it is likely that there is a relationship between the concentration of sexually oriented businesses and neigh- • 386 387 App. B/Adult Businesses Minnesota Attorney General's Report/App. B borhood crime rates. The St. Paul Police Department has and alleys near adult businesses. Such literature is determined that St.Paul's street prostitution is concentrated sexually very explicit,even on the cover,and under the in a "street prostitution zone"immediately adjacent to the present circumstances becomes available to minors intersection where the sexually oriented businesses are lo- even though its sale to minors is prohibited. cated.Police statistics for 1986 show that,of 279 prostitution arrests for which specific locations could be identified, 70 Testimony percent (195) were within the "street prostitution zone." The Working Group heard testimony that a concentration Moreover, all of the locations with 10 or more arrests for prostitution were within this zone. of sexually oriented businesses has serious impacts upon the The location of sexually oriented businesses has also cre- surrounding neighborhood. The Working Group heard that ated a perception in the community that this is an unsafe pornographic materials are left in adjacent lots.One person reported to the police that he had found 50 pieces of pornog- and undesirable part of the city. In 1983, Western State Bank, which is currently located across the street from an raphic material in a church parking lot near a sexually adult bookstore, hired a research firm to survey area reai- oriented business. Neighbors report finding used condoms dents regarding their preferred location for a bank and their on their lawns and sidewalks and that sex acts with prosti- tutes occur on streets and alleys in plain view of families and perceptions of different locations. A sample of 305 people were given a list of locations and asked, "Are there any of children. The Working Group heard testimony that arrest rates understate the level of crime associated with sexually these locations where you would not feel safe conducting your banking business?" oriented businesses.Many robberies and thefts from"johns" No more than 4 percent of the respondents said they would and many assaults upon prostitutes are never reported to feel unsafe banking at other locations in the city. But 36 the police. percent said they would feel unsafe banking at Dale and Prostitution also results in harassment of neighborhood University, the corner where the sexually oriented busi- residents.Young girls on their way to school or young women nesses are concentrated. on their way to work are often propositioned by johns. The The Working Group reviewed the 1987 40-Acre Study on Flick theater caters to homosexual trade,and male prostitu- Adult Entertainment prepared by the Division of Planning tion has been noted in the area.Neighborhood boys and men are also accosted on the street.A police officer testified that in St. Paul's Department of Planning and Economic Devel- opment.This study summarized testimony presented to the one resident had informed him that he found used condoms in his yard all the time. Both his teenage son and daughter Planning Commission regarding neighborhood problems: had been solicited on their way to school and to work. Residents in the University/Dale area report frequent The Working Group heard testimony that in the Frogtown sex-related harassment by motorists and pedestrians in neighborhood,immediately north of the University-Dale in- the neighborhood.Although it cannot be proved that the tersection in St. Paul, there has been a change over time in harassers are patrons of adult businesses,it is reason- the quality of life since the sexually oriented businesses able to suspect such a connection. Moreover,neighbor- hood residents submitted evidence to the Planning moved into the area. The Working Group heard that the • Commission in the form of discarded pornographic lit- neighborhood used to be primarily middle class,did not have erature allegedly found in the streets,sidewalks,bushes a high crime rate and did not have prostitution. St. Paul 388 389 App. B/Adult Businesses Minnesota Attorney General's Report/App. B police officers testified that they believed the sexually ori- booths),one building can have the impact of several separate ented businesses caused neighborhood problems, particu- businesses. The Working Group heard testimony that con- larly the increase in prostitution and other crime rates. centration of sexually oriented businesses creates a "war Property values were suffering, since the presence of high zone"which serves as a magnet for people from other areas crime rates made the area less desirable to people who would who"know"where to find prostitutes and sexual entertain- have the ability and inclination to improve their homes. ment. The presence of bars in the immediate vicinity of The Working Group made some inquiry to determine to sexually oriented businesses also compounds impacts upon what extent smaller cities outside the Twin Cities Metropoli- the neighborhood. tan area suffered adverse impacts of sexually oriented busi- The Attorney General's Working Group believes that regu- nesses. The Working Group was informed by the chiefs of latory strategies designed to reduce the concentration of police of Northfield and Owatonna that neither city had sexually oriented businesses,insulate residential areas from adult bookstores or similar sexually oriented businesses. them,and reduce the likelihood of associated criminal activ- Police chiefs in Rochester and Winona stated that sexually ity would constitute a rational response to evidence of the oriented businesses in their communities operate in nonresi- impacts which these businesses have upon local communi- dential areas. In addition,there is no"concentration"prob- ties. lem.In Rochester,there are two facilities in a shopping mall and a single bookstore in a depressed commercial/business neighborhood. The Winona store is located in a downtown Sexually Oriented Businesses and Organized Crime business area. The police chiefs stated that they had no Infiltration of organized crime into sexually oriented busi- evidence of increased crime rates in the area adjacent to nesses reinforces the need for prosecution of obscenity and these facilities. They had no information as to the effect requires specific regulatory or law enforcement tools. The which these businesses might have on local property values. Working Group attempted to assess both the present and Information presented to the Working Group indicates potential relationship between organized crime and sexually that community impacts of sexually oriented businesses are oriented businesses. primarily a function of two variables, proximity to residen- The Working Group heard testimony from a witness who tial areas and concentration. Property values are directly had been prosecuting obscenity cases for the past thirteen affected within a small radius of the location of a sexually 1 years that many sexually oriented businesses have out-of- oriented business.Concentration may compound depression town absentee owners. If the manager of a local business is of property values and may lead to an increase in crime prosecuted on an obscenity charge,his testimony may sufficient to change the quality of life and perceived desir- it possible to pierce the corporate veil and identify the true ability of property in a neighborhood. owners. The evidence suggests that the impacts of sexually ori- The Working Group heard testimony that an organized ented businesses are exacerbated when they are located near crime entity may operate somewhat like a franchisor. In each other.Police officers testified to the Working Group that order to stay in business, the local manager of a sexually `vice breeds vice."When sexually oriented businesses have oriented business may have to pay fees to organized crime. multiple uses (i.e., theater, bookstore, nude dancing, peep The makers and wholesalers of pornographic materials are 390 i zn, App. B/Adult Businesses Minnesota Attorney General's Report/App. B also likely to be involved with organized crime. for perjuryl and of Harry V. Mohney in Michigan for tax The Working Group conducted additional research to as- evasion suggest a possible connection between organized seas the relationship between sexually oriented businesses crime and a Minnesota pornography business.Hafiz,a Min- and organized crime. The Working Group was informed by nesota resident who is an agent of Beverly Theater, Inc.,the prosecutors of obscenity that there were many ways in which company which operated the Faust Theater in St.Paul,2 has organized crime entities could derive a benefit from sexually been linked to Mohney,a major pornographer based in Michi- oriented businesses. There is a large profit margin in por- gan. The indictments allege that Mohney caused the incor- nography. The presence of coin-operated peep booths poration of the company which operated the Faust, that a provides an opportunity to launder money. Cash obtained corporation owned by Mohney paid for improvements to the from illegal activities, such as prostitution or narcotics, can Faust and that Mohney is, in fact, the owner of numerous be explained as the income of peep booths. Cash income can sexually oriented businesses, including the Faust. (See also escape taxation,in violation of law. United States v. Hafiz, Indictment, No. IP 88-102-CR(S.D. Although it is clear that organized crime is involved to Ind., Sept. 16, 1988); United States v. Mohney, Indictment, some degree in the pornography industry, various sources No. 88-50062(E.D. Mich. Sept. 9,1988).) reach different conclusions as to the depth and extent of this Mohney,in turn,has been linked with national organized involvement. Part of the difference in assessment is based crime enterprises.A 1977 report of the United States Justice on differences in the way the term "organized crime" is Department stated: defined.Authorities who restrict their definition of organized It is believed that Ha rry V. Mohney of Durand, Michi- crime to the highly organized ethnic hierarchy known as La gan,is one of the largest dealers in pornography in the Cosa Nostra(LCN) tend to find fewer links than those who United States . . .He is alleged to have a close associa- define the term to include other organized criminal enter- tion with the LCN Columbo and the LCN DeCavalcante, prises.Where there has been intensive law enforcement and both of which are very influential in pornography in the prosecution,it is more likely that linkage between sexually eastern United States. In Michigan, Mohney is known to hi oriented businesses and organized crime figures will be re individuals with organized crime associations to manage his businesses.His businesses and corporations evident. consist of 60 known adult bookstores,massage parlors, The Working Group has adopted the definition of organ- art theaters, adult drive-in movies,go-go type lounges ized crime contained in Minnesota's Report of the Legislative and pornographic warehouses in Michigan, Indiana, Commission on Organized Crime(1975).The Working Group Illinois, Kentucky, Zbnnessee, Wisconsin, Iowa, Ohio is concerned about the relation between sexually oriented and California. He is involved in the financing and businesses and any"organized criminal conspiracy of two or production of pornographic movies, magazines, books more persons that is continuous in nature,involves activity and newspapers. He also directs the importation and distribution of his own and other pornographic publica- generally crossing jurisdictional lines and results in third- party profit."The threat from organized crime includes,but 1is not limited to involvement of national crime enterprises Hafiz was acquitted of the perjury charges.St.Paul Pioneer Press, Jan. 11, 1989,at 10A. such as LCN. 2 • Recent federal indictments of James G. Hafiz in Indiana The City of St.Paul bought out the Faust for$1.8 million,closing the entertainment complex on March 7,1989. 392 393 App. B/Adult Businesses Minnesota Attorney General's Report/App. B tions to retail and wholesale outlets throughout the La Cosa Nostra. . . .Information received from sources United States and Canada. . . .He has a working rela- of this bureau indicates that pornography is (a major) tionship with DeCavalcante's representative Robert income maker for La Cosa Nostra in the United States DiBernardo and has met with Vito Giacalone and behind'gambling and narcotics.Although La Cosa Nos- Joseph Zerilli of the LCN Detroit.He has to cater to both tra does not physically oversee the day-to-day workings to operate in Michigan. of the majority of pornography business in the United U.S.Justice Dept,Organized Crime Involvement in Pornog- States,it is apparent that they have"agreements"with raphy, reprinted in the Attorney General's Comm'n on Por- those involved in the pornography business in allowing these people to operate independently by paying off nography(hereinafter"Pornography Commission"), 2 Final members of organized crime for the privilege of being Report at 1229-30(1986). allowed to operate in certain geographical areas. Organized crime has the potential to infiltrate Minns- Id. at 1046(quoting Federal Bureau of Investigation Report sota's pornography industry. Evidence on a national level highlights(the vulnerability of sexually oriented businesses Regarding the Extent of Organized Crime Development in to criminal control.A number of sources have reported that Pornography 6(1978)). there is a connection between organized crime and the por- A brief survey of 59 FBI field offices conducted in 1985 no a hfound that about three-quarters of those offices could not gr p y industry g verify that traditional organized crime families were in- The Pornography Commission reported that the Washing- ton,D.C.,Metropolitan Police Department"determined that volved in the manufacture or distribution of pornography. crime was substantiallySeveral offices did, however, report some involvement by traditional organized involved in members and associates of organized crime.Id. at 1046-47. and did essentially control much of the major pornography Stanley Ronquest,Jr.,a supervisory FBI special agent for distribution in the United States during the years 1977 and 1978" 2 Final Report at 1044-45. The Washington, D.C., traditional organized crime at FBI headquarters in Wash- study "further concluded that the combination of the large ington, D.C., was interviewed by Attorney General staff: amounts of money involved,the incredibly low priority ob- Ronquest stated that LCN has not been directly involved in scenity enforcement had within police departments and the pornography industry in the last ten years. However, a prosecutors' offices in an area where manpower intensive former FBI agent told the Pornography Commission: investigations were essential for success,and the imposition In my opinion,based upon twenty-three years of expe- of minimal fines and no jail time upon random convictions rience in pornography and obscenity investigations and resulted in a low risk and high profit endeavor for organized study,it is practically impossible to be in the retail end crime figures who became involved in pornography."Id. at of pornography industry(today)without dealing in some fashion with organized crime either the mafia or some 1045. other facet of non-mafia never-the-less [sic] highly or- The FBI concluded in 1978: ganized crime. Information obtained . . .points out the vast control of Id. at 1047-48. the multi-million dollar pornography business in the Thomas Bohling of the Chicago Police Department Organ- ,United States by a few individuals with direct connec- ized Crime Division, Vice Control Section told the Porno tions with what is commonly known as the organized , g- crime establishment in the United States, specifically, raphy Commission that"it is the belief of state, federal and local law enforcement that the pornography ? stry is 394 395 App. B/Adult Businesses Minnesota Attorney General's Report/App. B controlled by organized crime families.If they do not own the ants in drawing its conclusions finding links between por- business outright,they most certainly extract street tax from nography and organized crime(See Scott,Book Reviews, 78 independent smut peddlers."Id. at 1048(emphasis in origi- J. Crim.L. &Criminology 1145, 1158-59(1988)),its conclu- nal). sions find additional support in recent state studies. The Pornography Commission stated that it had been The California Department of Justice recently reported advised by Los Angeles Police Chief Daryl F. Gates that that: "organized crime families from Chicago, New York, New Jersey and Florida are openly controlling and directing the California,s primacy in the adult videotape industry is of law enforcement concern because the pornography major pornography operations in Los Angeles."Id. business has been prone to organized crime involve- The Pornography Commission was told by Jimmy Fra- ment.Immense profits can be realized through pornog- tianno, described by the Commission as a member of LCN, raphy operations, and until recently, making and "that large profits have kept organized crime heavily in- distributing pornography involved a relatively low risk volved in the obscenity industry." Id. at 1052. Fratianno of prosecution. But more aggressive law enforcement testified that"95%of the families are involved in one way or efforts and turmoil within the pornography business has destabilized the smooth flow of easy moneyfor some of another in pornography. . . .It's too big. They just won't let its major operations. . . . it go."Id. at 1052-53. AB The Pornography Commission concluded that"organized long as control over pornography distribution is crime in its traditional LCN forms and other forms exerts contested, and organized crime figures continue their involvement in the business,the pornography industry substantial influence and control over the obscenityindus- will remain of interest to law enforcement officials state- try.Though a number of significant producers and distribu- wide. tors are not members of LCN families, all major producers De- and distributors of obscene material are highly organized Bureau of Organized Crime and Criminal Intelligence,partment of Justice,State of California,Organized Crime in - and carry out illegal activities with a great deal of sophisti- California 1987:Annual Report to the California Legislature cation."Id. at 1053. at 59-62(1988). The Pornography Commission reported that Michael deter- George Thevis,reportedly one of the largest pornographers The Pennsylvania Crime Commission similarly exam- in the United States during the 1970'e was convicted in 1979 mined in a 1980 report that most pornography stores of RICO(Racketeer Influenced and Corrupt Organizations) fined were affiliated or owned by one of three men who had ties with "nationally known pornography figures who are violations including murder,arson and extortion. The Corn- members or associates of organized crime families."Pennsyl- mission also reported examples of other crimes associated vania Crime Commission, A Decade of Organized Crime: with the pornography industry, including prostitution and 1980 Report at 119. other sexual abuse,narcotics distribution,money laundering and tax violations, copyright violations and fraud. Id. at For example, Reuben Sturman, a leading pornography industry figure based in Cleveland,was reported by the FBI 1056-65. in 1978 to have built his empire with the assistance of LCN Although the Pornography Commission report has been member DiBernardo.Federal Bureau of Investigation Report • criticized for relying on the testimony of unreliable inform- Regarding the Extent of Organized Crime Involvnn:ent in 396 397 App. B /Adult Businesses Minnesota Attorney General's Report/App. B Pornography (1978). Sturman,who reportedly controls half Amendment does not impose a barrier to the prosecution of of the $8 billion United States pornography industry, was obscenity,which is not protected by the First Amendment,or recently indicted by a federal grand jury in Las Vegas for to reasonable regulation of sexually oriented businesses if racketeering violations and by a federal grand jury in Cleve- the regulation is not designed to suppress the content of land for income tax evasion and tax fraud.Newsweek,August expressive activity and is sufficiently tailored to accomplish 8, 1988,at 3. the regulatory purpose. Evidence of the vulnerability of sexually oriented busi- The Working Group believes that communities have more nesses to organized crime involvement underscores the im- prosecutorial and regulatory opportunities portance of criminal prosecution of these businesses when currentlyrpset than they may recognize.The purpose of this section of the Report they engage in illegal activities, including distribution of is to identify and recommend enforcement and regulatoryobscenity and support of prostitution. Prosecution can in- opportunities.Of course,each community must decide on its crease the risk and reduce the profit margin of conducting own how to balance its limited resources and the wide variet illegal activities. It may also disclose organized crime asso- of competing demands for such resources. Y ciation with local pornography businesses and increase the costs of criminal enterprise in Minnesota. In addition to prosecution, forfeiture of property used in I. Obscenity Prosecution • the illegal activities related to sexually oriented businesses Obscene material is not protected b the First can cut deeply into profits. Regulation to permit license Amendment.Miller v. California,413 U.S. 15,3 S.Ct.2607 •revocation for conviction of subsequent crimes may also ose and increase control over criminal enterprises related (1973). The sale or distribution of obscene material in Min- expose rP nesota is a criminal offense. The penalty was recently in- to sexually oriented businesses. creased to up to one year in jail and a $3,000 fine for a first offense, and up to two years in jail and a$10,000 fine for a second or subsequent offense within five years. Minn. Stat. Prosecutorial and Regulatory Alternatives § 617.241,subd. 3(1988).4 The regulation of many sexually oriented businesses,like The Working Group believes that Minnesota's obscenity other businesses dealing in activity with an expressive com- statutes are adequate to prosecute and penalize the sale and ponent, is circumscribed by the First Amendment of the distribution of obscene materials. However historically, obscenity United States Constitution.8 Nonetheless, the First widespread 'prosecution has not occurred. The Working Group believes this is not because the sale 3 The First Amendment provides:"Congress shall make no law re- specting an establishment of religion, or prohibiting the free exercise 4 The prior penalty was a fine only—up to$10,000 for a first offense thereof;or abridging the freedom of speech,or of the press,or the right of and up to $20,000 for a second or subsequent the people peaceably to assemble, or to petition the government for a § 617.241, subd. 3(1986). Obscenity arrests are ooffense. that Stci- redress of grievances."The constitutional guarantee of freedom of speech, dents involvingosectonf separately often the basis for challenges to regulation of sexuallyoriented businesses, the i neso a Bureau off Criminali Ap617preh241ension. are not ueau restricts state as well as federal actions. See, e.g., make v. Kansas, 274 compiled by Minnesota Bureau Apprehension.See Bureau of Criminal Apprehension, 1987 Minnesota Annual Report on Crime, U.S.380,47 S.Ct.655(1927). Missing Children and Bureau of Criminal Apprehension Activities. • 398 399 1 , App. B/Adult Businesses Minnesota Attorney General's Report/App. B or distribution of obscene publications in Minnesota is rare, as a whole,appeals to the prurient interest in sex; but because prosecutors have been reluctant to bring obscen- ity charges, because of limited resources, difficulties faced (u) that the work depicts sexual conduct. . in a pat- when prosecuting obscenity,and because obscenity has his- ently offensive manner;and tonically been considered a victimless crime. (iii) that the work, taken as a whole, lacks serious Obscenity, however, should no longer be viewed as a vic- literary,artistic,political,or scientific value. timless crime.6 There is mounting evidence that sexually Minn. Stat. §617.241,aubd. 1(a)(i-iii)(1988).This statutory oriented businesses are, as described earlier in this report, standard was drawn to be consistent with constitutional often associated with increases in crime rates and a decline standards set forth in Miller, supra. in.the quality of life of neighborhoods in which they are To be sure,prosecutors face a number of hazards in prose- . located. Further, as discussed previously,when there is no cuting obscenity. They include inadequate training in this prosecution of obscenity, large cash profits make pornog- specialized area of law, attempts by defense attorneys to raphic operations very attractive to members of organized remove jurors who find pornography offensive, the offering crime.The Working Group thus believes that prosecution of into evidence of polls and surveys through expert testimony obscenity, particularly cases involving children,violence or to prove tolerant community standards, efforts to guide bestiality, should assume a higher priority for law enforce- jurors with jury instructions favorable to the defense, and ment officials. discouragement with unsuccessful prosecutions. In addition,many of the difficulties faced when prosecut- But the hazards can be overcome. Alan E. Sears, former ing obscenity can be addressed by adequate training and executive director of the U.S. Attorney General's Commis- assistance. In order to prove that material is obscene, a sion on Pornography,has stated: prosecutor must prove: Prosecutors can successfully obtain obscenity convic- (i) that the average person, applying contemporary tions in virtually any jurisdiction in the United States. community standards[,]would find that the work,taken In order to obtain a conviction,it is incumbent upon a prosecutor to prepare well, know the law,not fall into 5 Two blue ribbon commissions have reached different conclusions the "one case syndrome"trap, obtain a representative regarding the harmfulness of sexually explicit material to individuals.A jury through proper voir dire,keep the focus of the trial presidential Commission on Obscenity and Pornography concluded in on the unlawful conduct of the defendant, and obtain 1970 that there was no evidence of"social or individual harms"caused by legally sound instructions. sexually explicit materials and,therefore,"federal,state and local legis- lation prohibiting the sale,exhibition,or distribution of sexual materials Sears, "How To Lose A Pornography Case," The CDL Re- to consenting adults should be repealed."The Report of the Comm'n on porter(n.d.). Obscenity and Pornography at 57-8(Bantam Paperback ed. 1970).How- The Working Group heard testimony from prosecutors ever,in 1986, the Attorney General's Commission on Pornography con- The Working Group heard testimony from prosecutors eluded that'sexually violent materials.. .bear. ..a causal relationship who have pursued obscenity cases nationally regarding ef- to antisocial acts of sexual violence[and that]the evidence supports the fective ways to prosecute obscenity cases. Materials can be conclusion that substantial exposure to [nonviolent] degrading material bought or rented, rather than seized under warrant. In the increases the likelihood for an individual [to] commit an act of sexual violence or sexual coercion.'Attorney General's Comm'n on Pornography, absence of survey data, community standards can be left to • 1 Final Report at 326,333(1986). the wisdom of the jury. In,that case, experts should be prepared to testify if the defense attempts to mfo-9 a statis- 400 I 401 App. B/Adult Businesses Minnesota Attorney General's Report/App. B tical case that the material is not obscene. Prosecution of Recommendations obscenity is also likely to be most effective if initial prosecu- tions focus on materials which are patently offensive to the (1) City and county attorneys' offices in the Twin Cities community, such as those involving children, violence or metropolitan area should designate a prosecutor to pur- sue obscenity prosecutions and support that prosecutor bestiality. with specialized training. The experience of other cities has demonstrated that vig- orous and sustained enforcement of obscenity statutes can (2) The Legislature should consider funding a pilot program sharply reduce or virtually eliminate sexually oriented busi- to demonstrate the efficacy of obscenity prosecution and nesses.Cincinnati,Omaha,Atlanta,Charlotte,Indianapolis should encourage the pooling of resources between and Fort Lauderdale were cited to the Working Group as urban and suburban prosecuting offices by making such examples of cities which have successful programs of obscen- cooperation a condition of receiving any such grant ity prosecutions The Working Group encourages prosecutors funds. to take advantage of increasing training opportunities and (3) The Attorney General should provide informational re- other assistance for obscenity prosecutions and to reassess sources for city and county attorneys who prosecute the desirability of increased enforcement. The Working obscenity crimes. Group is pleased to note that county attorneys and law enforcement groups in Minnesota have recently held forums (4) Obscenity prosecutions should concentrate on cases that and seminars on obscenity law enforcement and prosecution. most flagrantly offend community standards. The U.S.Justice Department's National Obscenity Enforce- ment Unit offers assistance to local prosecutors, including II. Other Legal Remedies sample pleadings, indictments, search warrants, motions, responses and trial memoranda.? A. RICO/Forfeiture In addition to traditional criminal prosecutions, use of 6 Memorandum to Jim Bellus,executive assistant to St.Paul Mayor RICO statutes and criminal and civil forfeiture actions may George Latimer (prepared by St. Paul Department of Planning and also prove to be successful against obscenity offenders. By Economic Development)(July 5,1988);see also Waters,"The Squeeze on attacking the criminal organization and theprofits of illegal Sleaze,"Newsweek, Feb. 1, 1988, at 45 ("After more than 10 years of g 1 activity,such actions can provide a strong disincentive to the levying heavy fines and making arrests,Atlanta has won national renown as'the city that cleaned up pornography.'"). establishment and operation of sexually oriented businesses. 7 The Address of the National Obscenity Enforcement Unit is U.S. For example, the federal government and a number of the Justice Department, 10th&Pennsylvania Ave.N.W.,Room 2216,Wash- twenty-eight states which have enacted racketeer influenced ington,D.C.20530.Its telephone number is 202-633-5780.Assistance is also available from Citizens for Decency through Law, Inc., 2845 E. and corrupt organization(RICO)statutes include obscenity Camelback Rd.,Suite 740,Phoenix,AZ 85016.It is the publisher of"The offenses as predicate crimes. Generally speaking, to violate Preparation and Trial of an Obscenity Case:A Guide for the Prosecuting a RICO statute, a person must acquire or maintain an Attorney."Its telephone number is 602-381-1322.The National Obscenity interest in or control of an enterprise, or must conduct the Law Center, another private organization, is located at 475 Riverside Drive,Suite 236,New York,N.Y. 10115. It publishes an Obscenity Law • Bulletin and the"Handbook on the Prosecution of Obscenity Cases.'Its telephone number is 212-870-3216. 402 403 App. B/Adult Businesses Minnesota Attorney General's Report/App. B affairs of an enterprise through a"pattern of criminal activ- dissemination of material not obscene."Id. at 4184.But the ity."That pattern of criminal activity may include obscenity Court ruled that, "the mere assertion of some possible self- violations, which in turn can expose violators to increased fines and penalties as well as forfeiture of all property censorship resulting from a statute is not enough to render acquired or used in the course of a RICO violation. These an anti-obscenity law unconstitutional under our prece- etatutes generally enable prosecutors to obtain either crimi- dent." Id. The Court specifically upheld RICO provisions which increase penalties where there is a pattern of multiple nal or civil forfeiture orders to seize assets and may also be violations of obscenity laws. used to obtain injunctive relief to divest repeat offenders of financial interests in sexually oriented businesses. See 18 However,in a companion case,the Court also invalidated U.S.C.§§ 1961-68(West Su 1988).RICO statutes ma be a pretrial seizure of a bookstore and its contents after only a particularly effective in dismantling businesses dominated preliminary finding of "probable cause" to believe that a RICO violation had occurred. Fort Wayne Books, Inc. v. by organized crime, but they may be applied against other Indiana, 57 U.S.L.W. 4180, 4184-4185 (Feb 21, 1989). The as well. (February Court explained there is a rebuttable presumption that The Working Group believes that Minnesota should enact a RICO-like statute that would encompass increased penal- expressive materials are protected by the First Amendment. That presumption is not rebutted until the claimed justifica- ties for using a"pattern"of criminal obscenity acts to conduct viola- the affairs of a business entity. Provisions authorizing the tion for seizure of materials, the elements of a RICO seizure of assets for obscenity violations should be consid- tion, are proved in an adversary proceeding.Id. at 4185. The Court did not specifically reach the fundamental ered, but the limitations imposed by the First Amendment question of whether seizure of the assets of a sexually ori- must be taken into account. ented business such as a bookstore is constitutionallyer- It has been argued that a RICO or forfeiture statute basedr peex- onr- It obscenity crime violations threatens to "chill protected pmlains le once a RICO violation is proved. The Court plained: speech"because it would permit prosecutors to seize non-ob- scene materials from distributors convicted of violating the DFlor the purposes of disposing of this case,we assume obscenity statute.American Civil Liberties Union,Polluting without deciding that bookstores and their contents are The Censorship Debate:A Summary And Critique Of The forfeitable(like other property such as a bank account Final Report OfThe AttorneyGeneral's Commission On or yacht)when it is proved that these items are property P actually used in,or derived from,a pattern of violations Pornography at 116-117(1986). of the state's obscenity laws. However,a narrow majority of the United States Supreme Id. at 4185.The Working Court recently held that there is no constitutional bar to a Group believes that a RICO statute state's inclusion of substantive obscenity violations among which provided for seizure of the contents of a sexually oriented business upon proof of RICO violations would have the predicate offenses for its RICO statute. Sappenfield v. the potential to significantlycurtail Indiana, 57 U.S.L.W.4180,4183-4184(February 21, 1989). scene materials. the distribution of ob- The Court recognized that "any form of criminal obscenity statute applicable to a bookseller will induce some tendency Although Minnesota does not have a RICO statute,it does • • to self-censorship and have some inhibitory effect on the have a forfeiture statute permitting the seizure of money and property which are the proceeds of designated felony of- 404 405 1 - App. B/Adult Businesses Minnesota Attorney General's Report/App. B fenses.Minn. Stat.§609.5312(1988).But,this statute does businesses which pose the greatest danger to the community. not permit seizure of property related to commission of the offenses most likely to be associated with sexually oriented businesses. Obscenity crimes are not among the offenses Recommendations which justify forfeiture.Although solicitation or inducement (1) The legislature should amend the present forfeiture stat- of a person under age 13 (Minn. Stat. § 609.322,subd. 1) or ute to include as grounds for forfeiture all felonies and between the ages of 16 and 18 to practice prostitution(Minn. gross misdemeanors pertaining to solicitation, induce- Stat. § 609.322, subd. 2) are included among the offenses ment, promotion or receiving profit from prostitution which could justify seizure of property,many crimes involv- and operation of a"disorderly house." ing prostitution are outside the reach of the present Minne- (2) The legislature should consider the potential for a RICO- sota forfeiture law. like statute with an obscenity predicate. The following crimes are not included among the crimes which can justify seizure of property and profits:solicitation, inducement,or promotion of a person between the ages of 13 B. Nuisance Injunctions and 16 to practice prostitution(Minn.Stat. §609.322,subd. Minnesota law enforcement authorities may obtain an 1A); solicitation, inducement or promotion of a person 18 injunction and close down operations when a facility consti- years of age or older to practice prostitution (Minn. Stat. tutes a public nuisance. A,public nuisance exists when a §609.322,subd.3);receiving profit derived from prostitution business repeatedly violates laws pertaining to prostitution, (Minn. Stat. § 609.323); owning, operating or managing a gambling or keeping a "disorderly house." The Minnesota "disorderly house," in which conduct habitually occurs in public nuisance law permits a court to order a building to be violation of laws pertaining to liquor, gambling, controlled closed for one year. Minn. Stat. §§ 617.80-.87(1988). substances or prostitution(Minn. Stat. §609.33). Nuisance injunctions to close down sexually oriented busi- Although its reach would be much more limited, the leg- nesses which repeatedly violate laws pertaining to prosecu- islature should also consider providing for forfeiture of prop- tion,gambling or disorderly conduct are potentially powerful erty used to commit an obscenity offense or which represents regulatory devices.The fact that a building in which prosti- the proceeds of obscenity offenses.Under the holding in Fort tution or other offenses occur houses a sexually oriented Wayne Books,Inc.v. Indiana, such forfeiture could not take business does not shield the facility from application of place, if at all, until it was proved that the underlying nuisance law based on such offenses.Arcara v. Cloud Books, obscenity crimes had been committed. Inc., 478 U.S.697, 106 S.Ct.3172(1986)(First Amendment There are no comparable constitutional issues raised by does not shield adult bookstore from application of New York enacting or enforcement of forfeiture statutes based on vio- State nuisance law designed in part to close places of prosti- lations of prostitution,gambling,or liquor laws.The legisla- tution). ture may require sexually oriented businesses which violate Although the Working Group believes that nuisance in- these laws to forfeit their profits. The Working Group be- unctions with an obscenity predicate would be effective in lieves that such an expansion of forfeiture laws would give prosecutors greater leverage to control the operation of those controlling sexually oriented businesses, such provisions would probably be unconstitutional under current U.S. Su- 406 407 App. B/Adult Businesses Minnesota Attorney General's Report/App. B preme Court decisions.Six Supreme Court justices joined in Amendment." Id. Without the relationship to proceeds of the Arcara result,but two of them—Justices O'Connor and crime, a remedy which closed a facility for obscenity viola- Stevens—concurred with these words of caution: tions would be far less likely to withstand constitutional If,however, a city were to use a nuisance statute as a scrutiny. pretext for closing down a book store because it sold indecent books or because of the perceived secondary effects of having a purveyor of such books in the neigh- Recommendations borhood, the case would clearly implicate First Amendment concerns and require analysis under the (1) Prosecutors should use the public nuisance statute to appropriate First Amendment standard of review. Be- enjoin operations of sexually oriented businesses which cause there is no suggestion in the record or opinion repeatedly violate laws pertaining to prostitution, gam- below of such pretextual use of the New York nuisance bling or operating a disorderly house. provision in this case,I concur in the Court's opinion and judgment. Arcara, supra, 478 U.S. at 708, 106 S. Ct. at 3178. Ill. Zoning In an earlier case,Vance v.Universal Amusement,445 U.S. Zoning ordinances can be adopted to regulate the location 308,100 S.Ct.1156(1980),the Court ruled unconstitutional of sexually oriented businesses without violating the First a Texas public nuisance statute authorizing the closing of a Amendment.Such ordinances can be designed to disperse or building for a year if the building is used"habitual[ly]" for concentrate sexually oriented businesses, to keep them at the "commercial exhibition of obscene material."Id. at 310 designated distances from specific buildings or areas, such n.2, 100 S. Ct. at 1158 n.2. as churches, schools and residential neighborhoods or to The Court's recent holdings in Sappenfield and Fort restrict buildings to a single sexually oriented usage. Be- Wayne Books, Inc. give no indication that the Court would cause zoning is an important regulatory tool when properly now look more favorably upon an injunction to close down a enacted, the Working Group believes a careful explanation facility which sold obscene materials. The Court assumed of the law and a review of potential problems in drafting without deciding that forfeiture of bookstore assets could be zoning ordinances may be helpful to communities consider- constitutional in a RICO case. But,in making this assump- ing zoning to regulate sexually oriented businesses. tion,the Court distinguished forfeiture of assets under RICO from a general restraint on presumptively protected speech. The court approved the reasoning of the Indiana Supreme A. Supreme Court Decisions Court that, "The remedy of forfeiture is intended not to The U.S. Supreme Court upheld the validity of municipal restrain the future distribution of presumptively protected adult entertainment zoning regulations in Young v.Ameri- speech but rather to disgorge assets acquired through rack- can Mini Theaters, Inc., 427 U.S. 50, 96 S. Ct. 2440 (1976), eteering activity."Fort Wayne Books,Inc. at 4185.The Court and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, assumed that RICO provisions could be upheld on the basis 106 S. Ct. 926(1986).8 that "adding obscenity-law violations to the list of RICO • predicate crimes was not a mere ruse to sidestep the First 8 The only reported Minnesota court case reviewing all —iult enter- 408 Ann App. B/Adult Businesses Minnesota Attorney General's Report/App. B In Young, the Court upheld the validity of Detroit ordi- Justice Stevens did not expressly describe the standard he nances prohibiting the operation of theaters showing sexu- had used; but it was clear that the plurality would afford ally explicit"adult movies"within 1,000 feet of any two other non-obscene sexually explicit speech lesser First adult establishments.9 The ordinances authorized a waiver Amendment protection than other categories ofspeech.How- of the 1,000-foot restriction if a proposed use would not be ever, four dissenters and one concurring justice concluded contrary to the public interest and/or other factors were that the degree of protection afforded speech by the First satisfied.Young, supra, 427 U.S. at 54 n.7, 96 S. Ct. at 2444 Amendment does not vary with the social value ascribed to n.7.The ordinances were supported by urban planners and that speech.In his concurring opinion,Justice Powell stated real estate experts who testified that concentration of adult- that the four-part test of United States v. O'Brien, 391 U.S. type establishments"tends to attract an undesirable quan- 367, 377, 88 S. Ct. 1673, 1679 (1968), should apply. Powell tity and quality of transients, adversely affects property explained: values, causes an increase in crime, especially prostitution, es residents and businesses to move else- Under that test, a governmental regulation is suffi- and encourages ciently justified,despite its incidental impact upon First where."Id. at 55, 96 S. Ct. at 2445. A"myriad" of locations Amendment interests,"Wit is within the constitutional were left available for adult establishments outside the for-. power of the Government;Wit furthers an important or bidden 1,000-foot distance zone, and no existing estab- substantial governmental interest;if the governmental lishments were affected.Id.at 71 n.35,96 S.Ct.at 2453 n.35. interest is unrelated to the suppression of free expres- Writing for a plurality of four,Justice Stevens upheld the lion; and if the incidental restriction on . . . First zoning ordinance as a reasonable regulation of the place Amendment freedom is no greater than is essential to the furtherance of that interest." where adult films may be shown because (1) there was a 427 U.S. at 79-80 • factual basis for the city's conclusion that the ordinance 96 S. Ct. at 2457 (citation omitted) would prevent blight; (2) the ordinance was directed at (Powell,J.,concurring). preventing "secondary effects" of adult-establishment con- Perhaps because Justice Stevens'plurality opinion did not centration rather than protecting citizens from unwanted offer a clearly articulated standard of review, post-Young "offensive"speech;(3)the ordinance did not greatly restrict courts often applied the O'Brien test advocated by Justice access to lawful speech, and(4)"the city must be allowed a Powell in his concurring opinion. Many ordinances regulat- reasonable opportunity to experiment with solutions to ing sexually oriented businesses were invalidated under the admittedly serious problems."Id. at 63 n.18,71 nn.34,35,96 O'Brien test.See R.M.Stein,Regulation of Adult Businesses S. Ct. at 2448-49 n.18,2452-53 nn.34, 35. through Zoning After Renton, 18 Pac. L.J. 351, 360 (1987) ("consistently invalidated"); S.A. Bender, Regulating Por- tainment zoning ordinance is City of St.Paul v. Cartons,419 N.W.2d 129 nography Through Zoning:Can We"Clean Up"Honolulu?, 8 U. Haw. L. Rev. 75, 105 (1986) (ordinances upheld in only (Minn. App. 1988) (upholding facial constitutionality of St. Paul ordi- about half the cases). nonce). 9 The ordinances also prohibited the location of an adult theater Applying Young, the Eighth Circuit Court of Appeals in- within 500 feet of a residential area,but this provision was invalidated by validated a zoning ordinance adopted by the city of Minnea- the district court,and that decision was not appealed.Young u.American • polis.Alexander v.City of Minneapolis, 698 F.2d 936(8th Cir. Mini Theaters,Inc.,427 U.S.60,52 n.2,96 S.Ct.2440,2444 n.2(1976). 1983). In Alexander, the challenged ordinance ',ad three 410 4 a1i r • App. B/ Adult Businesses • Minnesota Attorney General's Report/ App. B major restrictions on sexually oriented businesses: distant- basis of its content,"they are"acceptable so long as they are ing from specified uses, prevention of concentration and i designed to serve a substantial governmental interest and amortization.It prohibited a sexually oriented business from do not unreasonably limit alternative avenues of communi- operating within 500 feet of districts zoned for residential or cation,"Rehnquist stated.Id.He found the Renton ordinance office-residences, a church, state-licensed day care facility to be content-neutral because it was not aimed at the content and certain public-schools. It forbade an adults-only facility of films shown at adult theaters.Rather,the city's"predomi- from operating within 500 feet of any other adults-only nant concerns" were with the secondary effects of the the- facility. Finally, the ordinance required existing sexually aters.Id. at 47,106 S.Ct.at 929(emphasis in original).Once oriented entertainment establishments to conform to its a time, place or manner regulation is determined to be provisions by moving to a new location, if necessary,within content-neutral, "[t]he appropriate inquiry . . . is whether four years. the . . . ordinance is designed to serve a substantial govern- The Eighth Circuit ruled that the Minneapolis ordinance mental interest and allows for reasonable avenues of corn- created restrictions too severe to be upheld under the Young munication,"Rehnquist wrote for the Court.Id. at 50, 106 S. decision.It would have required all five of the city's sexually Ct. at 930. oriented theaters and between seven and nine of the city's The Supreme Court found that Renton's "interest in pre- ten sexually oriented bookstores to relocate and would have serving the quality of urban life" is a "vital" governmental required these facilities to compete with another 18 adult- interest. The substantiality of that interest was in no way type establishments (saunas, massage parlors and "rap" diminished by the fact that Renton"relied heavily"on stud- parlors)for a maximum of 12 relocation sites. The effective ies of the secondary effects of adult entertainment estab- result-of enforcing the ordinance would be a substantial lishments by Seattle and the experiences of other cities, reduction in the number of adult bookstores and theaters, Rehnquist added.Id. at 61, 106 S. Ct. at 930-31. and no new adult bookstores or theaters would be able to open,the Court concluded.Alexander,supra,698 F 2d at 938. The First Amendment does not require a city, before enacting such an ordinance, to conduct new studies or In Renton, supra, the United States Supreme Court produce evidence independent of that already generated adopted a clearer standard under which regulation of sexu- by other cities, so long as whatever evidence the city ally oriented businesses could be tested and upheld. The relies upon is reasonably believed to be relevant to the Court upheld an ordinance prohibiting adult movie theaters problem that the city addresses.That was the case here. from locating within 1,000 feet of any residential zone, sin- Nor is our holding affected by the fact that Seattle gle-or multiple-family dwelling,church,park or school. ultimately chose a different method of adult theater zoning than that chosen by Renton, since Seattle's Justice Rehnquist, writing for a Court majority that in- choice of a different remedy to combat the secondary eluded Justices Stevens and Powell, stated that the Renton effects of adult theaters does not call into question either ordinance did not ban adult theaters altogether and that, Seattle's identification of those secondary effects or the therefore,it was"properly analyzed as a form of time, place relevance of Seattle's experience to Renton. and manner regulation."Id. at 46, 106 S. Ct. at 928. When Id. at 51-62, 106 S. Ct. at 931. time, place and manner regulations are "content-neutral" Rehnquist's inquiry then addressed the means chosen to and not enacted"for the purpose of restricting speech on the further Renton's substantial interest and inquired into 412 413 i App. B/Adult Businesses j Minnesota Attorney General's Report/App. B whether the Renton ordinance was sufficiently "narrowly B. Standards and Need for Legal Zoning tailored." His comments on Renton's means to further its substantial Unlike Young, the Renton case spells out the standards by interest suggest that municipalities have a wide latitude in which zoning of sexually oriented businesses should be enacting content-neutral ordinances aimed at the secondary tested.Renton and several lower court decisions rendered in effects of adult-entertainment establishments. He quoted its wake suggest that the two most critical areas by which the ordinances will be judged are (1) whether there is evi- the Young plurality for the proposition that: dence that ordinances were enacted to address secondary It is not our function to appraise the wisdom of [the impacts on the community,and(2)whether there are enough city's)decision to require adult theaters to be separated locations still available for sexually oriented businesses so rather than concentrated in the same areas. . . . [T]he that zoning is not just a pretext to eliminate pornographic city must be allowed a reasonable opportunity to experi- speech 10 P �' P ment with solutions to admittedly serious problems. This section first describes some of the legal considera- Id. at 52, 106 S. Ct. at 931 (quoting Young, supra, 427 U.S. tions which communities must keep in mind in drafting at 71, 96 S.Ct. at 2453). zoning ordinances for sexually oriented businesses. Then, As to the "narrowly tailored" requirement, Rehnquist found that the Renton ordinance only affected theaters pro- 10 Of 11 recent post-Renton adult-entertainment zoning decisions by ducing unwanted secondary effects and,therefore,was sat- federal courts,five invalidated ordinances,three upheld ordinances and isfactory.Id. three ordered a remand to district court for further proceedings.Zoning The second prong of Renton's "time place, manner" in- ordinances were struck in Avalon Cinema Corp. v. Thompson, 667 F.2d quiry—the availability of alternative avenues of communi- s59(8th Cir. 1987)(city council failed to offer evidence suggesting neigh- borhood decline would result);Bilis Inc. v.San Bernardino County, 827 cation—was satisfied by the district court's finding that 520 F.2d 1329 (9th Cir. 1987) (no evidence presented to legislative body of acres of land,or more than five percent of Renton,were left secondary harmful effects);Ebel u. Corona, 767 F.2d 635(9th Cir. 1985) available for adult-entertainment uses,even though some of (lack of effective alternative locations);11126 Baltimore Boulevard,Inc.v. that developed area was already occupied and the undevel- Prince George's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (insufficient evidence of secondary effects presented to legislative body; oped land was not available for sale or lease. A majority of special exception provisions grant excessive discretionary authority to the Court found: zoning officials);and Peoples 7bga,Inc.v.Jackson County Legislature,636 F. Supp. 1345(W.D.Mo. 1986)(improper legislative purpose to prevent That [adult theater owners] must fend for themselves continued operation of adult-entertainment establishment).Zoning ordi- in the real estate market,on an equal footing with other nances were upheld in SDJ,Inc.v.'City of Houston,837 F.2d 1268(5th Cir. prospective purchasers and lessees,does not give rise to 1988);FW/PBS,Inc. v. City of Dallas,837 F.2d 1298(5th Cir.1988);and a First Amendment violation.. . .In our view,the First S&G News Inc.u.City of Southgate,638 F Supp.1060(E.D.Mich.1986), Amendment requires only that Renton refrain from afPd without published opinion,819 F.2d 1142(6th Cir. 1987).Remands effectively denying[adult theater owners] a reasonable were ordered in Christy u.City of Ann Arbor;824 F.2d 489(6th Cir.1987), opportunity to open and operate an adult theater within cert.denied,—U.S.—,108 S.Ct.1013(1988)(remand for determination the city, and the ordinance before us easily meets this of excessive restrictions);International Food&Beverage Systems v. City of Fort Lauderdale, 794 F.2d 1520(11th Cir. 1986)(remand for reconsid- requirement. eration in light of Renton,supra;nude bar ordinance);and Walnut Prop- Id. at 54, 106 S. Ct. at 932. erties, Inc. v. City of Whittier; 808 F.2d 1331 (9th Cir. 1986)(remand,in part,for determination of land availability). 414 415 App. B/Adult Businesses Minnesota Attorney General's Report/App. B some suggestions are provided,based on evidence reviewed perts,supporters and opponents and consideration of studies by the Working Group, of types of zoning which can be by Detroit, Boston, Dallas and Los Angeles sufficient evi- enacted to reduce the secondary effects of sexually oriented deuce of legitimate purpose). businesses. The first section of this report summarizes evidence from various cities documenting the secondary effects of sexually oriented businesses. Following Renton, it is intended that 1. Documentation to Support Zoning Ordinances local communities will make use of this evidence in the Sexually oriented speech which is not obscene cannot be course of assembling support for reasonable regulation of restricted on the basis of its content without running afoul sexually oriented businesses. of the First Amendment. The justification for regulating sexually oriented businesses is based on proof that the zon- in is needed to reduce secondary2. Availability of Locations. for Sexually Oriented g effects of the businesses Businesses on the community. Since Renton, a number of adult entertainment zoning Courts also evaluate whether zoning of sexually oriented ordinances have been invalidated for failure of the enacting businesses is merely a pretext for prohibition by reviewing body to document the need for zoning regulations.Thus,one the alternative locations which remain for a sexually ori- court invalidated a zoning ordinance because there was"very ented business to operate under the zoning scheme. A mu- little,if any, evidence of the secondary effects of adult book- nicipality must "refrain from effectively denying . . . a rea- stores . . . before the City Council." 11126 Baltimore Boule- sonable opportunity to open and operate"a sexually oriented yard, supra, 684 F. Supp. at 895; see also 7bllis Inc. v. San business.Renton, supra, 475 U.S. at 54, 106 S. Ct. at 932. Bernardino County, 827 F.2d 1329, 1333 (9th Cir. 1987) Access may be regarded as unduly restricted if adult (ordinance construed to prohibit single showing of adult entertainment zones are unreasonably small in area or if the movie in zoned area; invalidated for failure to present evi- number of locations is unreasonably few. There is no set dence of secondary effects of single showing);but see Thames amount of land or number of locations constitutionally re- Enterprises v.City of St.Louis,851 F.2d 199,201-02(8th Cir. quired.The Renton court found that 520 acres of"accessible 1988) (observations by legislator of secondary effects suffi- real estate," including land "criss-crossed by freeways"— dent). more than five percent of the entire land area in Renton— On the other hand,it is not necessary for each municipal- was sufficient. 475 U.S. at 53, 106 S.Ct. at 932. The Young ity to conduct research independent of that already gener- court found the availability.of"myriad"locations sufficient. ated by other cities. The Renton court held that evidence of 427 U.S. at 72 n.35, 96 S.Ct.at 2453 n.35. the need for zoning of sexually oriented businesses can be Whether.058 square miles constituting.23 of 1 percent of provided by studies from other cities "so long as whatever the land area within the city's central business zone is evidence the city relies upon is reasonably believed to be sufficient is not clear. See Alexander v. The City of Minnea- relevant to the problem that the city addresses."Id. at 51, polis (Alexander II), No. 3-88-808, slip op. at 22 (D. Minn. 106 S. Ct. at 931. See also SDJ,Inc. v. City of Houston, 837 May 22, 1989) (less than 1% of land area could be valid if F.2d 1268, 1274 (5th Cir. 1988) (public testimony from ex- "ample actual opportunities"for relocation exist); Christy v. 416 417 App. B/Adult Businesses Minnesota Attorney General's Report/App. B City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for a determination of excessive restriction).See 750-foot distancing requirement on the ground that the city also 11126 Baltimore Boulevard, Inc. v. Prince George's had not proved that 750 feet, as opposed to some other County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 distance,was necessary to.serve the city's interest. alternative locations sufficient);Alexander v. City of Minnea- The Court found that an adult entertainment zoning or- polis, 698 F.2d 936, 939 n.7 (8th Cir. 1983) (pre Renton; 12 dinance is"sufficiently well tailored if it effectively promotes relocation sites for at least 28 existing adult establishments the government's stated interest" and declined to "second- not sufficient). - guess"the city council.Houston, supra, 837 F.2d at 1276. The sufficiency of sites available for adult entertainment Courts have sustained both requirements that sexually uses may be measured in relation to a number of factors.See, oriented businesses be located at specified distances from e.g., Alexander II, supra, slip op. at 22-23 (insufficient if each other, see Young, supra, (upholding distance require- relocation site owners refuse to sell or lease);International ment of 1000 feet between sexually oriented businesses),and requirements that sexually oriented businesses be located at Food & Beverage Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986)(suggesting number of sites should be determined fixed distances from other sensitive uses,see Renton,supra, (upholding distance requirement of 1000 feet between sexu- by reference to community needs, incidence of establish- ments in other cities,goals of city plan);Basiardanes v. City ally oriented businesses and residential zones, single-or- of Galveston, 682 F.2d 1203, 1209(5th Cir. 1982)(pre-Renton multiple family dwellings, churches, parks or schools). case striking zoning regulation restricting adult theaters to The Working Group heard testimony that when an ordi- industrial areas that were"largely a patchwork of swamps, nance establishes distances between sexually oriented uses, an additional regulation may be needed to prevent operators warehouses, and railroad tracks . . . lack[ing] access roads and retail establishments"). of these businesses from defeating the intent of the regula- However,the fact that land zoned for adult establishments tion by concentrating sexually oriented businesses of various is already occupied or not currently for sale or lease will not types under one roof,as in a sexually oriented mini-mall.The invalidate a zoning ordinance. Renton, supra, 476 U.S. at city of St. Paul has adopted an ordinance preventing more 53-54, 106 S.Ct. at 932;but see Alexander II, supra, slip op. than one adult use(e.g.,sexually oriented theater,bookstore, at 22-23 (reasonable relocation opportunity absent where massage parlor) from locating within a single building. A owners refuse to sell or rent). There is no requirement that similar ordinance was upheld in the North Carolina case of Hart Book Stores, Inc. v. Edmisten, 612 F. 2d 821 (4th Cir. it be economically advantageous for a sexually oriented business to locate in the areas permitted by law. 1979),cert. denied, 447 U.S. 929(1980). The experience with multiple-use sexually oriented busi- nesses at the University-Dale intersection suggests that 3. Distance Requirements these businesses have a greater potential for causing neigh- borhood problems than do single-use sexually oriented busi- Another factor that may be examined by some courts is nesses. Following Renton, it is suggested that lawmakers the distance requirement established by an adult entertain- document the adverse effects which the community seeks to ment zoning ordinance. In SDJ, Inc. v. Houston, 837 F.2d prevent by prohibiting multiple-use businesses before enact- 1268 (5th Cir. 1988), the Court was asked to invalidate a ing this type of ordinance. • 418 . 414 i App. B/Adult Businesses i Minnesota Attorney General's Report/App. B 4. Requiring Existing Businesses to Comply with New should be used to support the need for zoning ordinances Zoning which address these problems. Zoning ordinances can require existing sexually-oriented businesses to close their operations provided they do not Recommendations foreclose the operation of such businesses in new locations. Under such provisions, an existing business is allowed to (1) Communities should document findings of adverse sec- remain at its present location, even though it is a non-con- ondary effects of sexually oriented businesses prior to forming use,for a limited period. enacting zoning regulations to control these uses so that such regulations can be upheld if challenged in court. The Minnesota Supreme Court has explained the theory this way: (2) To reduce the adverse effects of sexually oriented busi- The theory behind this legislative device is that the use- nesses,communities'should adopt zoning regulations to ful life of the nonconforming use corresponds roughly to set distance requirements between sexually oriented the amortization period, so that the owner is not de- businesses and sensitive uses, including but not limited prived of his property until the end of its useful life. In to residential areas, schools, child care facilities, addition,the monopoly position granted during the am- churches and parks. ortization period theoretically provides the owner with compensation for the loss of some property interest, (3) To reduce adverse impacts from concentration of sexu- since the period specified rarely corresponds precisely ally oriented businesses,communities should adopt zon- to the useful life of any particular structure constituting ing ordinances which set distance requirements between the nonconforming use. liquor establishments and sexually oriented businesses Naeaele Outdoor Advertising Co. v. Village of Minnetonka, and should consider restricting sexually oriented busi- 162 N.W.2d 206, 213 (Minn. 1968). nesses to one use per;building. Such provisions applied to sexually oriented businesses (4) Communities should require existing businesses to com- have been said to be "uniformly upheld."Dumas v. City of ply with new zoning or other regulation pertaining to Dallas, 648 F. Supp. 1061, 1071 (N.D. 113x. 1986), aff'd, sexually oriented businesses within a reasonable time so FW/PBS,Inc. v. City of Dallas, 837 F 2d 1298(bth Cir. 1988) that prior uses will conform to new laws. (citing cases). As detailed in the first section of this report, there are significant secondary impacts upon communities related to IV. Licensing and Other Regulations the location of sexually oriented businesses. These impacts are intensified when sexually oriented businesses are lo- Licensing and other regulations may also be used to re- cated in residential areas or near other sensitive uses and duce the adverse effects of sexually oriented businesses.The when sexually oriented businesses are concentrated near critical requirements which communities must keep in mind each other or near alcohol oriented businesses.The Working are that regulations must be narrowly crafted to address Group believes that evidence from studies such as those adverse secondary effects, they must be reasonably related described in the first section of this report and anecdotal to reduction of these effects and they must be capable of evidence from neighborhood residents and police officers I objective application. If these standards can be met, livens- 420 1 421 App. B/Adult Businesses Minnesota Attorney General's Report/App. B ing and other regulatory provisions may play an important criminal activity. The court upheld requirements that the role in preventing unwanted exposure to sexually oriented licensee not have been convicted of prostitution and sex-re- materials and in reducing the crime problems associated lated offenses.Id. at 1074. If a community seeks to require with sexually oriented businesses. that persons with a history of other crimes be denied licenses, It is clear that failure to act upon a license application for clear findings must first be made which justify denial of a sexually oriented business cannot take the place of regula- licenses on that basis. tion.Without justification,denial or failure to grant a license The Dumas court also invalidated portions of the licensing is a prior restraint in violation of the First Amendment. ordinance permitting the police chief to deny a license if he Parkway Theater Corporation v. City of Minneapolis, No. finds that the applicant "is unable to operate or manage a 716787, slip. op. (Henn. Co.Dist. Ct., Sept. 24, 1975). sexually oriented business premises in a peaceful and law- An ordinance providing for license revocation of an adult abiding manner"or is not"presently fit to operate a sexually motion picture theater if the licensee is convicted of an oriented business."Neither provision satisfied the constitu- obscenity offense is also likely to be held unconstitutional as tional requirement that "any license requirement for an a prior restraint of free speech.Alexander u. City of St.Paul, activity related to expression must contain narrow,objective, 227 N.W.2d 370(Minn. 1975).The Alexander court stated: and definite standards to guide the licensing authority."Id. [When the city licenses a motion picture theater, it is at 1072.See also Alexander II, supra, slip op. at 16 (uncon- licensing an activity protected by the First Amendment, stitutionally vague to define regulated bookstores as those and as a result the power of the city is more limited than selling"substantial or significant portion"of certain publica- when the city licenses activities which do not have First tions); 11126 Baltimore Boulevard, supra, 684 F. Supp. at Amendment protection,such as the business of selling 898-99 (striking ordinance allowing zoning officials to deny liquor or running a massage parlor. permit if adult entertainment establishment is not"in har- Id. at 373 (footnote omitted);see also Cohen v. City of Dale- mony" with zoning plan, does not "substantially impair" vine, 695 F. Supp. 1168, 1171 (M.D. Ala. 1988) (past sale of master plan, does not "adversely affect" health, safety and obscene material cannot justify revocation of license). welfare and is not "detrimental" to neighborhood because However,the courts have permitted communities to deny such standards are "subject to possible manipulation and licenses to sexually oriented businesses if the person seeking arbitrary application"). a license has been convicted of other crimes which are closely A number of courts have upheld ordinances requiring that related to the operation of sexually oriented businesses. viewing booths in adult theaters be open to discourage illegal In Dumas v. City of Dallas, supra, the court reviewed a and unsanitary sexual activity.See, e.g., Doe v. City of Min- requirement that a license applicant not have been convicted neapolis, 693 F. Supp. 774(D. Minn. 1988). of certain crimes within a specified period. Five of the enu- Licensing provisions and ordinances forbidding massage merated crimes were held to be not sufficiently related to the parlor employees from administering massages to persons of purpose of the adult entertainment licensing ordinance be- the opposite sex have withstood equal protection and privacy cause the city had made no findings on their justification. and associational right challenges.See Clampitt v.City of Ft. The invalid enumerated offenses were controlled substances Wayne, 682 F. Supp. 401, 407-408 (N.D. Ind. 1988) (equal act violations, bribery, robbery, kidnapping and organized protection); Wigginess, Inc. v. Fruchtman, 482 F. Supp. 681, 422 423 App. B/Adult Businesses Minnesota Attorney General's Report/App. B 689-90 (S.D. N.Y. 1979),aff'd, 628 F.2d 1346 (2d Cir. 1980), should document findings of adverse secondary effects cert. denied, 449 U.S. 842, 101 S. Ct. 122. However, some of sexually oriented businesses and the relationship be- courts have found same-sex massage regulations to be in tween these effects and proposed regulations so that violation of Title VII of the Civil Rights Act of 1964. See • such regulations can,be upheld if challenged in court. Stratton v. Drumm, 445 F. Supp. 1305, 1310-11 (D. Conn. (2) Communities should adopt regulations which reduce the 1978); Cianciolo v. Members of City Council, 376 F. Supp. • likelihood of criminal activity related to sexually ori- 719,722-24(E.D.Zhnn. 1974);Joseph v.House, 353 F.Supp. ented businesses,including but not limited to open booth 367, 374-75 (E.D. Va.), aff'd sub nom. Joseph v. Blair, 482 ordinances and ordinances which authorize denial or F.2d 575(4th Cir.),cert.denied, 416 U.S. 955, 94 S. Ct. 1968 revocation of licenses when the licensee has committed (1974).Contra,Aldred v.Duling,538 F.2d 637(4th Cir.1976). offenses relevant to the operation of the business. Although the Working Group expressed strong concern about the operation of prostitution under the guise of mas- - (3) Communities should adopt regulations which reduce sage parlors,this type of regulation is not advisable because exposure of the community and minors to the blighting legitimate therapeutic massage establishments could find appearance of sexually oriented businesses including but their operations curtailed. Prostitution may be better con- i not limited to regulations of signage and exterior design trolled through prosecution and use of post-conviction ac- of such businesses and should enforce state law requiring tions such as forfeiture or enjoining a public nuisance. sealed wrappers and opaque covers on sexually oriented In 1985, a court upheld an ordinance making it unlawful ; material. to display for commercial purposes material "harmful to minors"unless the material is in a sealed wrapper and,if the ` Conclusion cover is harmful.to minors, has an opaque cover. Upper j Midwest Booksellers Ass'n v. City of Minneapolis, 780 F.2d There are many actions which communities may take 1389 (8th Cir. 1985). Last year, the legislature enacted a within the law to protect themselves from the adverse sec- state law similarly prohibiting display of sexually explicit ondary effects of sexually oriented businesses. Prosecution material which is harmful to minors unless items are kept of obscenity crimes can play a vital role in decreasing the in sealed wrappers and, where the cover itself would be profitability of sexually oriented businesses and removing harmful to minors, within opaque covers. Minn. Stat. materials which violate community standards from local §617.293(1988).This law has the potential to protect minors outlets.Forfeiture and injunction to prevent public nuisance from exposure to sexually oriented materials. Communities should be available where sexually oriented businesses are also have considerable discretion to regulate signage so that the site of sex-related crimes and violations of laws pertain- the exterior of sexually oriented businesses does not expose ing to gambling, liquor or controlled substances. These ac- unwitting observers to sexually explicit messages. tions will remove the most egregious establishments from communities. Zoning can reduce the likelihood that sexually oriented Recommendations businesses will lead to neighborhood blight. Licensing can (1) Prior to enacting licensing regulations, communities sever the link between at least some crime figures and sexually oriented businesses. Regulation and --Iforcement 424 425 , • r I. • • •• •I 1, App. B/Adult Businesses 't; can protect minors from exposure to sexually explicit mate- • • ' ::a; rials. • ` ' ,.{ The Attorney General's Working Group on the Regulation of Sexually Oriented Businesses believes that prosecution, ;•••;,: ;. , seizure of profits,zoning and regulation of sexually oriented businesses should only be done in keeping with the constitu- • r ^ �,ry' , . , tional requirements of the First Amendment.Rational regu- lation can be fashioned to protect both our communities and ,`-'• 'i • _ our constitutional rights. :A. .� 4 A a y. x�` ',' `r 4 S 4 , Via '-, t '..1. ,'. ,. .t 44 V:-4. ,••:•.**. :'l?.i is ka, .1 mry 34- 4•-�' ' / J 1 • 426 ,a i I • ADULT ENTERTAINmENT BusINESSES 1NDIANApous AN ANALYSIS 1984 RETURN TO: APA 1313 E. 60TH ST. CHICAGO, IL 60637 0170 Adult Entertainment Uses-Studies Adult Entertainment Businesses in Indianapolis DATE 1984 I .D. NO. 43 COPY Q 2 0 COPY 0 0 0 0 # -monism] . EXHIBIT E-5 SUMMARY AND RECOMMENDATIONS SUMMARY AND RECOMMENDATIONS During the past ten years , Indianapolis has experienced a signi - ficant growth in the number and variety of adult entertainment businesses located in its jurisdiction. An adult entertainment business , for the purposes of this study, is an establishment which primarily features sexually stimulating material or per- formances. As of mid-1983 there were sixty-eight such businesses operating in this City. They were located at forty-three separate si tes. • The proliferation of these businesses heightened the community's awareness of their existence and resulted in numerous requests that the City control their presence. Beyond the moral objections raised by many citizens, it was also alleged that such businesses had a detrimental effect on property values and contributed to high crime rates where they were located. The Indianapolis Division of Planning undertook this study in July of 1983. Of the existing adult entertainment sites, the study examined six representative locations ( the Study Area ) and the presence - or lack thereof - of certain relevant condi - tions therein. It then compared these sites with six physically similar locations ( the Control Area ) containing no adult en- tertainment business. Both groups of sites were compared with the City as a whole. Because of their importance to the public welfare of the commun- ity, the study examined the factors of crime incidence during the period 1978 - 1982 and real estate value appreciation from 1979 - 1982. In support of limited real estate data on a small area level , the City collaborated with Indiana University in a national survey of real estate appraisers to develop a "best pro- fessional opinion" as to the effect of adult entertainment busi - nesses on surrounding real estate values. As discussed in Appendix III of this report, case law has firmly established the legal and constitutional basis for control of the use of land within their jurisdiction by states and municipalities in order to safeguard "the public health, safety, morals and gen- eral welfare of their citizens". The "public welfare", in this context, embraces the stabilization of property values and the promotion of desirable home surroundings. On the other hand, case law has also upheld the right of this business sector to operate in the community under the First and Fourteenth Amend- ments of the Constitution. In establishing an empiric base to determine whether controls were warranted in order to direct the location of these businesses , analyses of the data showed: - As a result, twice as many houses were placed on the market at substantially lower prices than would be expected had the Study Area's market performance been typical for the period of time in question. - The great majority of appraisers (75%) who responded to a na- tional survey of certified real estate appraisers felt that an adult bookstore located within one block would have a negative effect on the value of both residential (80%) and commercial (72%) properties. 50% of these respondents foresaw an immedi - ate depreciation in excess of 10%. - At a distance of three blocks, the great majority of respon- dents (71%) felt that the impact of an adult bookstore fell off • sharply so that the impact was negligible on both residential (64%) and commercial (77%) . At the same time, it appears that the residual effect of such a use was greater for residential than for commercial properties. - In answer to a survey question regarding the impact of an adult bookstore on property values generally, 50% felt that there would be a substantial-to-moderate negative impact, 30% saw little or no impact, and 20% saw the effect as being dependent on factors such as the predominent values (property and social) existing in the neighborhood, the development standards impos- ed on the use, and the ability of an existing commercial node to buffer the impact from other uses. While the statistics assembled and analyzed in this study should not be construed as proving that adult businesses cause the negative im- pacts illuminated herein, an obvious variable in each instance of com- parison is - their presence. Crime rates —particularly those that are sex-related - show substantial deviation from normal rates for this population. Analyses of real estate listings and sales show a nega- tively abnormal performance of the real estate market in areas where adult entertainment is offered. In this latter case, the best profes- sional judgement available indicates overwhelmingly that adult enter- tainment businesses - even a relatively passive use such as an adult bookstore - have a serious negative effect on their immediate envi - rons. Consequently, it would seem reasonable and prudent that the City ex- ercise its zoning power to regulate the location of adult entertain- ment businesses- so that they operate in areas of the community that, • while accessable 'to their patrons, are yet located in districts that are least likely to injure the general welfare cf residents. TABLE OF CONTENTS SUMMARY AND RECOMMENDATIONS INTRODUCTION 1 STUDY METHODS 2 CRIME INCIDENCE 8 MAJOR CRIMES 9 SEX-RELATED CRIME 15 CRIME IMPACT BY AREA TYPE 22 REAL ESTATE IMPACT 27 PROFESSIONAL APPRAISAL OF IMPACTS 32 20% NATIONAL SURVEY 33 100% MSA SURVEY 39 APPENDICIES I . AREA MAPS I -I II . SURVEY OF APPRAISERS • II -I III . LAND USE CONTROL OF III -I ADULT ENTERTAINMENT • INTRODUCTION As is the case in most large cities , Indianapolis has experienced a rapid growth in the number and variety of adult entertainment businesses over the past ten years. As of June, 1983 there were sixty-eight such businesses located singly and in clusters through- out Marion County. For the purpose of this study, the term "adult entertainment busi - ness" is a general term utilized to collectively designate busi - nesses which primarily feature sexually stimulating material and/ or performances. These non-exclusively include adult bookstores , adult cabarets , adult drive-in theaters, adult mini motion picture theaters and arcades , adult entertainment arcades and adult ser- vice establishments. These enterprises have posed a particular problem due, in part, to the moral implications attendant upon such businesses in the minds of many members of the community. While this is , perhaps , the view of the majority, case law on the subject has clearly established that the exclusion of such businesses from a community is an in- fringement of First Amendment rights. The proliferation of such businesses providing various forms of adult entertainment in Mar- ion County has exacerbated this dilemma and given rise to addition- al charges of negative impacts on neighborhoods in proximity to their location. Through the use of their zoning power, cities have within the past half century directed the physical growth of communities in order to assure a harmonious blend of land uses which foster the general welfare of the population. This power has been applied 'more recent- ly to adult entertainment businesses in many communities and has served as a prime means of controlling possible negative impacts on neighborhoods. This study was undertaken to examine these alleged negative impacts with the purpose of empirically establishing, to the extent poss- ible, their existence or non-existence as well as their real di - mensions in Indianapolis. The possible relationships between these impacts and the land use characteristics of the sites in which they are offered were also examined to ascertain whether certain land use classifications were better suited than others for the loca- tion of adult entertainment businesses. • METHODOLOGY • STUDY METHODS As described below, the study methodology employs the comparison of different land areas in Indianapolis. The two basic areas of comparison are Study Areas and Control Areas. They are distin- guished by the existence of adult entertainment establishments within their boundaries ( the Study Areas ) or the absence there- of ( the Control Areas ) . These two designations are further differentiated as to the gen- eral purpose •or emphasis of the land uses they .contain. Those that generally serve the immediately surrounding residential uses are termed "Neighborhood-Related" while those that contain uses meant to serve a broader geographic area are designated "Commun- ity-Related". STUDY SITE LOCATIONS At the time of the study's inception , there were at least forty- three possible, distinct sites in Indianapolis where adult enter- tainment was offered either singly or in clusters of establish- ments. For manageability purposes , it was decided to select six of these sites that were representative. In choosing these subject lo- cations (as well as the Control Areas of the study) ,the determinant characteristics were their zoning mix, population size and the relative age of housing stock. In each case, adult entertainment was offered during the time span of the study. The selection process was additionally based on the number of es- tablishments located in a given neighborhood, whether it was resi - dential in nature and therefore neighborhood-related, or contained a significant portion of its land use in regional , commercial uses which made it community-related. The designation "Neighborhood-Related" was applied where a prepon- derance ( 75% or more ) of the area within 1000 feet of the site • was zoned D1 through 012 ( residential dwelling district classifi -• cations ) and the commercial areas were neighborhood-related - prin- cipally C3 ( a neighborhood commercial classification ) . Special Use designations were judged to be neighborhood-related or not on an individual basis. SU1 (church) E SU2 (school) , for example, were judged to be generally neighborhood-related. "Community-Related" areas were described as areas where a signifi- • cant proportion (30% or more) of the zoning within the 1000-foot radius was C4 ( Community-Regional Commercial') or more intense and the Special Uses within the boundaries were of a community-wide na- ture. SU6 (hospital) and SU21 (cemetery) were judged, therefore, to be related to the community generally. 1 I -- 1 Within these two broad classifications , six locations were chosen. Two of them were situated in residential settings, two in re- gional-commercial settings and two in areas that fell in between, i , e. , areas that had a high percentage *of residential zoning but also contained a certain proportion of regionally oriented com- mercial zoning. These six locations became the Study Areas of this investigation. (cf. Appendix I) AREA ZONING CHARACTERISTICS STUDY AREAS SITE CHARACTERISTICS Residential Commercial Special Parks Residential 1.5 31 East 38th St. 04=82% C1=7% I SU1=3% I - 2.3155 East 10th St. 0575% C3=2= C3= $ Coml ./Residential 4$ SU9=1$ - 3.3555 West 16th St. 05-78% I C4=22% 4.2101 W. Washington 05=60% C3=3% SU2=17% PK1=2% Commercial C4=18$ 5. 11 E. Washington D5=65% C4=30% - 08=5% 6.4441-63 N. Keystone D5=15% C2=5% I1U=12% PK2=5% C3=10% 12U=13% C5=40% • Of the two sites chosen in residential areas, one con ta/i ned an adult bookstore (Apollo Adult Books, 5431 East 38th St.) and a massage parlor(Eve's Garden of Relaxation, 5429 East 380 St.) The other residential location contained an adult movie; house (Rivol i Theater, 3155 East 10th St.) and a topless. bar !(Ten-De Club, 3201 East 10th St.) One of the commercial/residential areas had a topless bar within its boundaries (Blue Moon Saloon, 2101 West Washington);, while the other harbored the White Front Bar which featured topless dancing (3535 West 16th St.) The two commercial areas chosen were in the sixty-one tiund red block of East Washington St. and the forty-four hundred block of North Keystone. The first site contained two adult book- stores (Modern Art Bookstore at 6118 and Adult Arcade at 6122) and a massage .parlor (Spanish Moon at 6116.) The Northikeystone location contained four massage parlors (Other World, 4441 , Diamond's Angels , 4445, Pleasure Palace, 4461, and Town and Country, 4463) , two adult bookstores (Video World, 4447 and Adult Bookstore, 4475) as well as a topless lounge (Devil 's 2 • Hideaway, 4451) . . Six areas were also selected to serve as control sites for the • study. These sites were chosen on the basis of their proximate location to the Study Areas (or their location on major thor- oughfares in areas physically similar in location and types of development) , size of population and zoning characteristics. None contained adult entertainment businesses. Selection was also made so that two of the sites were in predominantly resi - dential areas, two in commercial areas and two in areas that contained a significant mix of residential and regional com- mercial zoning. These six sites became the Control Areas of the study, (cf. Appendix I .) AREA ZONING CHARACTERISTICS CONTROL AREAS SITE CHARACTERISTICS Residential Commercial Special Parks Residential 1.2300 West 10th St. D5=82% C1=4% - - C3=14% 2.2500 East 10th St. 05=80% C2=12% - - C3=8% Coml ./Residential 3.5420 E. Washington D5=62% + C3=1% - - D6=8% I C4=19% D8=10% 4.2600 W. Washington D5=35% C1-2% SU1=3% - 04=34% C2=1% SU2=3% C5=13% C7=8% Commercial - 5.5200 il. Keystone D2=7% C1=4% 11U=10% - 04=2% C3=9% 05=15% C5=25% D7=6% C7=20% • CS=2% 6.750 N. Shadeland 02=3% C4=49% SU1=15% 03=15% C5=10% D7=3% CS=5% • . ; ., I . . AREA ZONING CHARACTERISTICS I NEIGHBORHOOD-RELATED COMMUNITY-RELATED Residential i Study Area 1 . 100% - -, 2. 99% 1$ Control Area 1. 100% -I 2. 100% -1I Coml ./Residential Study Area 3. 78% 22!% 4. 82% 18% Control Area 3. 81% 19% . 4. 78% 22% Commercial Study Area 1 5. 70% 30% 6. 35% 65% Control Area 5. 43% 57% , 6. 36% 64% I I STUDY SITE COMPARISONS I Throughout the following analyses, a series of comparisons are 'made at several different levels of geography: i .e. , County/ Police District; Census Tract/Census Tract Cluster; and Control/ Study Area. I I Large Area When dealing with crime statistics, the Indianpolis Police Department District is used as the largest universe of com- parison. In the case of real estate information, Marion County is used as the largest geographic area of comparison. Center Township is also used as a, basis of comparison in the analysis of adult entertainment impacts on property values i Mid-Size Area I Intermediate geographic levels used for comparison in the study were census tracts when study sites were centrally located within their boundaries. Where they were not, those census tracts in proximity to the site were chosen as the basis of comparison. 4 • • CENSUS TRACTS/TRACT CLUSTERS Study/Control Areas 1 2 3 4 5 6 Control Areas 3412 3527 3611. . . 3414 3216 3606 2416 3547 3612 3426 - 3217 3607 3548 3608 • Study Areas 3310 3526 3411 3414 3607 3216 3601 3548 3426 3224 3549 3538 3225 3226 Sub-Area The Control Areas and the Study Areas, as described above, formed the smallest geographic group of the study. These target areas were constituted using the criteria listed in the previous section of this report and data derived for them by aggregating block-level or addressed data within • a 1000-foot radius of the area centroid. • I 1 1I ' ow — .0 .�. 0.81.0 I I .M. I,, ... i � r �1 �'! I 07.. 1 _ I r00.6.0..~.1. 15In... c am" r.• i 1 k1 r- 1 7...... ., 00.r .am :, m - r.Jf ..+ .n. r. I 0:61." ww 0404. • on - mo woo mud I swim rem I Y-- • me. II I: • min 1 memo i i �rip� �- , . i , , i... _. C`� ... _ i I I r I tglinill. - . • • WM WS I 1 , , I wa. .wags w f -- YM IMO �•� 1 WV WV MD 1980 CENSUS TRACTS ADULT ENTERTAINMENT BUSINESS STUDY Study Area 0 Control Area CRIME INCIDENCE • CRIME INCIDENCE The Data Processing Unit of the Indianapolis Police Department performed two computer runs of their "Incidence Files" 1 in August of 1983 at the request of the City Division of Planning. The re- sultant printouts detailed all reported incidents to which po- • lice had been dispatched in the Ccltrol Areas and the Study Areas during the years 1978, T979, 1980, 1981 and 1982. Data were assem- bled from these printouts on a year-by-year, area-by-area basis. They were then grouped by Major Crimes2 and Sex-Related Crimes.3 Summary data for the Indianapolis Police District were also assem- bled for major crimes during the years 1978 through 1982. Unfor- tunately, sex-related crimes had not been discreetly assembled for the Police District and study constraints would not allow their tabulation manually. The purpose of these tabulations was to identify any possible abnormalities that might have occurred in expected frequency and nature of crime between the Indianapolis Police District, the Control Areas which were chosen for their similarity to the Study Areas and the Study Areas themselves in which adult enter- tainment establishments were in operation. As was demonstrated in the previous section , the Study Area loca- tions were chosen as •being representative of existing adult en- tertainment sites in zoning mix, size of population, age of hous- ing stock and types of adult entertainment services offered in the area. Excepting the latter, these same criteria were used in the choice of Control sites. Because they were representative, it is possible to compare Control and Study Areas as well as in- fer findings to other adult entertainment locations in the com- munity. • • Based on the summaries of crimes , crime rates were computed f9r each area using 1980 Census data as the population constant. , The crime rate statistics portrayed the frequency of crime in each area for each 10,000 of population and allowed direct com- parison of crime impacts between the three areas. The same tech- nique was used to compare the magnitude of sex-related crime in the Control Areas and the Study Areas. • • MAJOR CRIMES The crimes of Criminal Homicide, Rape, Robbery, Aggravated, Assault, Residence and Non-Residence Burglary, Larceny and; Vehicle Theft are reported on a monthy basis by the Indian apolis Police Department as Major Crimes. During the period of this study ( 1978 - 1982 ) , there were 175,796 major crimes • reported in the IPO District with an annual high of 37,2201 occuring in 1980. The crime rate for this 'year was 792.42 II in the police district. This represented an increase of 2,115 major crimes over the previous year total and an increase of 6% in the crime rate. The lowest annual total in the study period ( 33,898 ) was, reported in 1981 which represented a drop of 10% in the crime rate from the previous year. Indianapolis Police District Major Crimes/Rates 1978-1982 Population-460.700 1 1978 1979 1980 1061 11962 Murder 76/1.62 92/1.96 107/2.28 66/1.34 160/1.47 Rape 341/7.26 439/9.36 410/8.73 400/8.62 !387/6.24 • Robbery 1963/41.79 2063/43.71 2193/46.60 2194/46.71 1003/42.43 Aggravated Assault 1363/2121 1694/33.04 1743/37.11 1860/40.03 1802/40.211 Residence Burglary 6348/136.11 6638/130.20 7496/169.67 7677/163.46 7783/t 66.70 Nan-Residence Burglary 2392/60.93 2011/4222 2570/64.01 2308/49.14 2213/47.12 Larceny 18692/307.96 18927/402.06 18006/402-61 16782/367Z0 17497/372.61 Vehicle Thefts 3674/78.22 3461/73.47 3787/80.63 2602/66.18 2902/61.76 Tetat 34637/741.60 36106/747.39 37220/792.42 33808/721.70 34738/730.64 Total Crl 176.796 Pr 10.000 Population • 1 8 • Over the same period of time, the Control Area for this study had 5,170 major crimes committed within its boundaries - the highest number occurring in 1980 when 1 ,099 crimes were re- ported. The crime rate for this year was 942.05 in 'this area. This is compared to the lowest total of 912 and a crime rate of 781.76 for 1978. This represented an absolute difference of 187 total major crimes and a difference of 21% in the crime rate ( 160.29 ). • Control Area Major Crimes/Rates*1978r1982 (Population-11.666) 1978 1979 1980 1981 1982 Murder 1/0.86 4/3.43 3/2.57 6/4.29 2/1.71 Rape 8/6.86 12110.29 15/12.86 6/6.86 13/11.14 Robbery 37/31.72 44/37.72 44/37.72 50/42.86 36/30.86 Aggravated Assault 19/16.29 35/30.00 29/24.86 30/25.72 37/31.72 Residence Burglary 151/129.42 229/196.30 262/224.58 272/233.16 198/169.72 Non-Residence Burglary 71/60.86 50/42.86 62/53.15 59/50.57 79/67.72 Larceny 484/414.88 544/466.31 574/492.03 588/504.03 579/436.31 Vehicle Theft 141/120.86 112/96.01 110/94.29 83/71.15 90/77.15 Total: 912/781.76 1,030/882.91 1.099/942.05 1.095/938.63 1,034/886.34 Totak 5,170 *Per 10,000 Population Average: 886.34 During the period 1978 - 1982, 4,657 major crimes were committed in the Study Area. As in the IPD District and the Control Area, the greatest volume of major crimes ( 1 ,103 ) occurred in 1980 which had a crime rate of 1 ,291.42. The fewest number of crimes in the study's time frame was 867 in 1978 which represented a differential in the total number of major crimes reported and .the rate of crime -of -236 and -276.32 respectively from 1980 q Study Area Major Crimes/Rates*1978-1982 (Population-8.541). 1978 1970 1980 1981 1982 IrMsdar 3/3.61 0/- 2/2.34 6/5.86 0/- Rape 3/3.51 12/14.06 11/12.88 9/10.54 8/0.37 Robbery 66/84.40 53/82.05 58/67.91 28/30.4411 44/51.52 - Aggravated . Aaaautt 25/2927 18/21.08 22/26.76 16/18.73 29/33.95 Reainane* Burglary 161/188.50 200/234.17 244/285.68 190/2224/3 189/22129 Non-Residanca Burglary 82/98.01 58/67.91 80/93.87 65/76.10 64/74.93 Larceny 462/540.92 450/528.87 688/888.10 560/655.66 464/543.26 Vehicle Theft 78/86.98 90/105.37 103/117.08 60/7028 77/90.15 Total: 867/1015.10 881/1031.50 1103/1291.42 931/1090.04' 875/1024.47 Totat 4.657 •Par 10.000 Population Average: 1090.51 1 1 1 The frequency of crimes in the IPD District, the Control Areas and the Study Areas showed approximately the same pattern. In each of the areas, the number of major crimes increased from 1978 to 1980 when they peaked. Subsequent years showed frequency levels below the 1980 high. The average crime rate figure for the Indianapolis Police Depart- ment District was 748.55. The Control Area had a rate that was 137.79 higher than the overall police district, whereas the Study Area was 204. 17 points higher than the Control Area. In lother words, people living in the Control Area of the study were ex- posed to a major crime rate in their neighborhoods that was 18% higher than that of the IPD population generally. Residents of the Study Area, however, were exposed to a 'major crime rate that was 23% higher than that of the Control Area and 466 higher than the population of the IPD District as a1whole. • • 10 • • Major Crime Rate* 1978-1982 • • IPD District Control Area—— Study Area ——— 1500 1300 ^291.4 ♦ / 1100 ♦// ,�10a00 1016.1 _ -441031.5 -• 1024.5 942.1 a3a.a 900 02A .00 -.886.3 40 42.4 741.7 747•4 721.7 739.5 700 • 500 1978 1979 1980 1981 1982 • • *The numerical Instance of Criminal Homicide. Rape. Robbery. Aggravated Assault. Residence Burglary. Non-Residence Burglary. Larceny and Vehicle Theft- Per 10.000 Population. • • 11 . i It is interesting to examine crime rates within the Control and Study Areas in relation to the land use characteristics of the locations in which • they occurred. Crime rates provide a better understanding of actual impact on the resident of the area than crime frequencies in that they establish a ratio of crime to each 10,000 of popula- tion. In this way, they tell us just how -vulnerable a neigh- borhood is historically ,to crime within its boundaries. 1978-1982 ANNUAL AVERAGE MAJOR CRIME RATE BY LAND USE AREA Commercial Coml ./Res. Residential Pop./Crime/Ann.Rt Pop./Crime/Ann.Rt, Pop./Crime/Ann.Rt. Control 1 . 379 240 1267 2. 523 1147 4386 902 11387 3075 3. 2828 837 •592 . 4. 2382 705 592 5210 152 592 5. 2159 1173 1087 6. 3395 1067 629 3317 2240 807 Study 1. 219 439 4009 2. 1218 831 1365 1437 1270 1768 • I 3. 1015 834 1643 4. 1203 653 1086 221 TVET 1341 5. 3656 '1232 674 6. • 1230 668 1086 r8'8b' 1900 778 Accordingly, we find that this g y, impact is 74$ higher in dis- trict commercial areas of the Control Area than similar dis- trict commercial areas of the Study Area. However, while the. rate is approximately the same in the residential areas of both, the Study Area exhibits a crime rate that is 127% high- er than the Control Area in locations that are mixedidistrict- commercial and residential in nature. 12 . . i 1978-1982 Annual Average Major Crime Rates*: Selected Areas 5000 • 4750 4.500 4000 3750 3500 3200 3 0 75 3000 r•.•r•4r..%.%! •,;:�sr:f,rf f• 2750 ..?2••rr`'}�0. fi• g•r'Y/ ���ir� 2500 ir /.�?f /:e 2250 • :� rr r 2000 r fr 1768 1750 Yr7.rf,r••//r fri::" r 1500 jr f %r✓ ,r�, 4 d:r:y .f!.%ff}' t 2 5 0 fr/ ,:rfr `,`; 1341 r frr/rrrr /' 10 91 : r %:f M ff, :ffff% 1000 885 .... :fir :';r`rf/ 750 ::`frry y •''F •4f`'�• •.• f •.!r '.'f:::::1{�3ff . / 592 WA• .:::::::i...„•::: 7 • :..rrff ::•''f:•fffr' : ::•:•:•r}:• y.:.: 230 y r/. •rrrrr .r; . f r. f •::rr •f } tii:•::::ti: Total Aria Coml. Coml./ Rae. Total Araa Coml. Coml./ Ra®. Raa. Res. Control Aria Study Aria • Par 10.000 Population • 13 . SEX-RELATED CRIME 5 • i Crimes of Rape, Indecent Exposure, Obscene Conduct,' Child Mo- lestation, Adult Molestation and Commercial Sex were segre- gated and then aggregated from police printouts of total crime incidence occurring within the Study Area and the Control Area for the period 1978 - 1982. A total of .153 sex-related crimes was reported in the Control area during this period, with a high of 39 having occurred in 1979. During the same period, the Study Area experienced 198 sex-related crimes, 'reaching a high of 52 in 1981. I Control Area Sex-Related Crimes/Rates*1978-1982 I (Poo=lotion-11.9M 1973 1.79 1.60 1.61 1962 Rape 6 12 16 6 12 Maeda Expos= 7 10 • 13 4 Obscene Conduct 0 2 0 0 1 1 - C1dld Molestation I 10 4 6 12 Adult I ' Molestation 2 3 0 1 3 Set 0 1 1 0 0 Totat 23/19.7 30/33.4 29/24.9 30/26.7 32/27r4 Tots! 163 •Per 10.000 Population Study Area Sex-Related Crimes/Rates*1978-1982 (Population-6,541) ' 1976 1.79 1660 1961 1.62 Rape 2 12 11 10 I Inseam EAposur• 10 14 12 6 7 OObscenei Conduct 0 O 0 1 0 Celle Molested= s 0 6 11 a Albin Mds6161e3 1 • 0 0 0 3I CSanraalwl 1 a 1• 26 13! Tolet 1s/22.3 43/60r4 44/51.1 62/10.9 40/46.1 TotstI166 •Pet 10.000 Population i 14 Sex-Related Crime Rate* 1978-1982 Control Area— Study Area ---- 86 ,wd0.9 60 • 66 • 6,ice/ •• • 60.4 - --- -- •• 50 ti46.8 46 40 36 / 33.4 30 // \ / �♦ 27.4 \ 24.9 _ 36'� 26 /7 -+� dirty 20 r 19.7 15 10 6 • 0 1978 1979 1980 1981 1982 •The numerical Instance of Rape. Indecent Exposure. Obscene Conduct. Child Molestation. Adult Molestation and Commercial Sex- Per 10.000 Population. • 1S • • Whereas sex-related crime rates in the Control Areas varied from a low of 19.7 in 1978 to a high of 33.4 in 1979, the Study Areas increased from a low of 22.3 in 1978 to is peak of 60.9 in 1981 . The average sex-related crime rate in the Control Area was 26.2 over the five year period. The rate in the Study Area was approximately 77% higher than this average during the same period of time at 46.4. Comparing the crime rate for sex-related crimes by land use categories in the Control and Study Areas , a different pat- tern than that for major crime rates emerges. 1978-1982 ANNUAL AVERAGE SEX-RELATED CRIME RATE • BY LAND USE Area Commercial Coml ./Res. Residential Pop./Crimes/Ann. Rt. Pop./Crimes/Ann. Rt. Pop.%Crimes/Ann. Rt. Control i 1. 379 2 11 2. 523 7 27 902 9 20 3. 2828 35 25 4. 2382 29 24 5210 ri 25 5. 2159 49 45 6. 3395 29 17 555 5 27 28 • Study 1. 219 5 46 2. 1218 23 38 7737 28 39 3. 1015 38 75 4. 1203 32 53 yirff 70 63 5. 365,E 69 38 6. 1230 31 50 ;BET 100 41 • t6 ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS • • Department of Metropolitan Development Division of Planning February, 1984 1978-1982 Annual Average Sex-Related Crime Rates*: Selected Areas • 100 95 a0 as 80 75 70 65 63 60 55 so 46 •.§,. al 45 40 39 35 30 28 .::: :: 26 25 25 t;:.;: •:r. 20 •20 iiiiiiiiiigit :.:i§EiiIiilii§::ii IRS ilk% ii.i.:::iiiiiii.T.i.iii '•••• ti\'tip ititi :ti Y :;: {;:;: 10 ti• .Y L ti♦Y.•.•T. Total Aria Cool. Carl/ Ris. Total Area Coral. Coral/ Res. Rii. Rss. • ' i Control Aria Study Aria ' *Per 10.00.0 Population • 17 ' I• whereas major crime rates were similar in .residential areas of the Control and Study Areas, the Control Area rate was substan- tially higher in district commercial areas and lower in mixed district commercial/residential areas. In contrast to this , the sex-related crime rate was uniformly higher in all land Use cate- gories of the Study Area, ranging from +46% in residential areas to +152% in district commercial/residential areas. SUMMARY OF FINDINGS ' Both the Control and the Study Area experienced a sig- nificantly higher incidence of major crimes/10,000 population than the IPD District as a whole. Much of this increase would be expected given their location in generally older, less affluent and more populous areas of the city. It is more difficult to explain the distinctly higher crime . rate experienced in the Study Areas as compared to the Con- trol Area - 1 ,090.51 versus 886.34. This dicotomy is even more apparent in the instance of sex- related crime rates in the two areas. The average sex-related crime rate in the Control Areas was 26.2. The Study Areas had an average rate of 46.4. If the same ratio between the Control and Study Areas eslitab- 1 ished for major crime during this period were applied, We would expect a crime rate that was 23% higher - or 32.3 j- in the Study Areas. The actual rate of 46.4 is 77% higher than that. of the Control Area and underscores a distinct departure from the expected. Not only is the rate substantially higher :in the Study Area, but it is twice the rate that"would have been expected from the distribution of crimes generally in,Indiana- polis. The anomalies demonstrated in the comparison of the Study Area with the general population and the Control Area will not, in themselves, establish a causal relationship between Adult Entertainment Businesses and the crime rates in the immediate area surrounding them. The fact does remain, however, that in each subsection of the Study Areas where adult entertainment is offered a substantially.higher sex-related crime presence ob- tains over the corresponding subsections of the Controli Area. • in which no adult entertainment is offered. The same is; true regarding the rate of major crimes. • • I • I • 18 • In areas chosen for their similarities otherwise, an obvious difference lies in the presence of one or more adult enter- tainment establishments. • 19 FOOTNOTES 1. The Incidence File is .a computerized listing of all reports made by police after initial investigation of an incident to which they were dispatched. It , therefore, provides a more reliable indication of crime incidence than the! com- puterized "Police Run" file which logs police dispatches based on preliminary information on the incidents. 2. Criminal Homicide, Rape, Robbery, Aggravated Assaul , Resi- dence Burglary, Non-Residence Burglary, Larceny and !Vehicle Theft. 3. Rape, Indecent Exposure, Obscene Conduct, Child Molestation, Adult Molestation and Commercial Sex. 4. Since population estimates were not available for each year of the survey, the 1980 Census figures were used because they were the result of an actual enumeration and, falling at the mid-point of the survey, they would tend to balance out popu- lation trends during the five year time span. 5. Sex-related crimes are not isolated and compiled on a routine basis for the IPD District as a whole. A manual compilation of these data was proscribed by the time limitations of the study. • • • 20 CRIME IMPACT BY AREA TYPE r IMPACT BY AREA TYPE As it will be noted, sample size poses a distinct problem when attempting analysis at the small area level . This is particu- larly true in the instance of mortgage information. Oue to this inadequacy, it is impossible to compare the impact of ' adult entertainment businesses on residential property value below a certain level of geography. This is not the case, however, with crime statistics. In this case it is possible to compare sub-areas of the target areas since the comparisons are based on the actual instance of crime in the area ( unlike mortgage data where average value is the basis of comparison.) The sub-area comparisons were based on the nature of the areas in relation to their land use composition as determined by the Comprehensive General Land Use Plan of Marion County. Four sub- areas were of a distinct regional commercial nature, four were residential in nature and four were of a mixed residential- commercial makeup. The three groupings were compared with each other to determine if crime, from a historical viewpoint, occurred more frequent- ly in areas of one land use configuration than another. Whether or not crime frequencies, at least in part, are deter- mined by the land use characteristics in which they were com- mitted cannot be definitively answered here. Several striking patterns do emerge from the comparison, however. CRIME FREQUENCIES BY AREA TYPE • Of the 9,829 major crimes committed in the Control and Study Areas during 1978 - 1982, 27% were perpetrated in regional com- mercial areas, 31% in mixed commercial-residential areas and 42% in predominantly residential areas. In other words, crime frequencies were 56% higher in residential areas than commer- cial areas while mixed commercial-residential areas were 37% higher than commercial areas. The following table displays major crime frequencies for the five year period by. type of area, the existence or non-exis- tance of adult entertainment and specific location. MAJOR CRIME FREQUENCY 1978 1979 . 1980 1981 1982 Tot. % District Commercial . Study Area I No. Keystone 83 71 112 87 86 439 E. Washington 150 152 202 186 141 831 3lTi 293 227 1270 Control Area No. Shadeland. 38 41 34 . :.43 84 '240 No. Keystone 212 217 210 259 249 1147 250 258• 22ii4 302 333 1387 Mixed Res./Coml . I 2657 27% Study Area W. Washington 123 184 190 185 152 834 West 16th St. 177 ' 128 140 104 104 653 00 312 330 239: 25�, T417 Control Area W. Washington 110 182 211 184 150 837 E. Washington 160 151 130 139 125 705 270 333 T 323 275 1542 Residential 3029 31X Study Area East 10th St. 219 235 294 242 242 1232 East 38th St. 115 111 165 127 150 668 334. 1.4 459 T 392 1900 Control Area East 10th St. 211 239 269 210 243 1173 West 10th St. 181 200 244 260 182 1067 334 35 -458 369 392 2240 4140 42% The pattern was similar in comparison of the frequency Iof sex- related crime within the three areas during the same period of time. It was more pronounced, however. Fifty-one percent of the total occurred in residential environments, while thirty-eight percent occurred in mixed commercial-residential areas.! In com- parison , only eleven percent of the total occurred in idis- trict commercial areas. The following table displays sex-related crime frequencies for the five year period by type of area, the existence orjnon-exis- tence of adult entertainment and the individual locations inclu- ded in the study. • • 22 SEX-RELATED CRIME FREQUENCY 1978 1979 1980 1981 1982 Tot. 1 District Commercial Study Area No. Keystonc - 2 2 - - 1 5 E. Washington 4 4 • 8 7 23 - —6. -8 8 2 8 Control Area No. Shadeland - - - - 2 2 '.o. Keystone 1 3 1 1 1 7 1 3 1 1 3 9 Mixed Res/Coml. 37 11% Study Area W. Washington 5 10 12 8 3 38 West 16 St. 1 . 4 8 9 10 32 —6 —114 20 17• 13 70 Control Area W. Washington 3 8 11 8 5 35 E. Washington 4 10 3 8 4 29 7 18 —TT—TT —1 _ 9 64 Residential 134 38% Study Area East 10th St. 12 18 14 17 8 69 East 38th St. 1 5 4 10 11 31 13 23 �1 27 19 100 Control Area East 10th St. 11 13 7 7 11 49 West 10th St. 4 5 6 5 9 29 15 -a l3 12 20 78 178 51 These trends are not easily explained on the basis that "where there are more people there will be more crime." Community-rela- ted commercial areas draw clientele from a broad geographic area • and can be expected to attract many times the residential popu- lation of the immediately surrounding area. This is the purpose of the district commercial zoning designation. Further, the trans- ient nature of this population could be considered to contribute to the incidence of certain crimes. • �3 Major Crimes / 1978-1982, Selected Areas 1_ • Commercial 2657 I i Study 1270 Control 1387 I ' I � Residence/ • 3029 Commercial Study 1487 Control 1542 • Residential 4140 Study 1900 Control 2240 I • ! I l 0 1000 2000 3000 4000 5000 • . I • 24 _ . • Sex-Related Crimes / 1978-1982, Selected Areas Commercial 37 Study 28 Control Residential/ Commercial • 134 • Study 70 • Control 84 Residential 178 Study 100 Control 78 • I I 0 so 100 150 200 250 300 • • 25 SUMMARY OF FINDINGS There appears to be a strong correlation between crime frequency and the residential character of neighborhoods , i .e. , the more residential the nature of the neighborhood, the greater is, the instance of crime in that neighborhood. Crime frequencies were, in fact, fifty-six percent higher in residential areas than dis- trict commercial areas. The above correlation is even more acute when considering sex- related crimes. Sex-related crimes occurred four times more fre- quently in substantially residential milieus having one or more adult entertainment businesses than in commercial environments having one or more such businesses. • • • • I I I • I j 26 • I REAL ESTATE IMPACT REAL ESTATE IMPACTS This study also undertook the quantification of possible effects of the proximity of adult entertainment businesses on the value of residential properties within a one thousand foot radius of their locations. In examining the potential impacts, three sources of residential property values were investigated: i .e., Indianapolis Residential Multiple Listing Summaries (MLS) of the Metropolitan Indianapolis Board of Realtors, the 1980 Census (tract and block occupied, single-unit housing valuation data) ; and, annual lending institu- tion statements under the Federal Home Mortgage Disclosure Act (MDA) . Summary data from the MLS were available over the period 1979 - 1982, while actual mortgage values reported by lending institutions were available for the period 1977 - 1982. The U.S. Bureau of the Census provides homeowner estimates of home value at the time of the 1980 Census (April 1 , 1980) . • The data available from these three sources differ in other ways. The 1980 Census, while relying on homeowner estimates of the worth of property, is a 100 percent survey and is described down to the block level . Home Mortgage Disclosure Act data provide a record of actual mortgages processed and reported by local lenders (only a portion of the total volume) . The lowest geographic level at which this information is available is the Census Tract and, even at this level , at times poses a difficulty with the available sample size. Multiple Listing Summaries generally reflect an esti- mate of worth based on current market conditions for the area and can be assembled at virtually any geographic level since they are listed by address. As in the case of the Mortgage Disclosure Act statements, however, there are at times problems with the suffi- ciency of the sample size at the small area level . Each of the data sets presents some weaknesses. Although the 1980 Census only reflects an estimate of housing value at one point in time, It has the advantage of being a 100 percent survey of occupied, single-unit housing. The other two sources offer time series data over periods of four and five years. They have the liability, how- ever,•of sometimes lacking a sufficient sample size at the small area level in any given year to allow an acceptable level of statis- • tical confidence. Due to these characteristics of the data, certain modifications were made in the study's original intent. Rather than doing annual comparisons of housing value, 1979 was chosen as the comparison year and the 1980 Census data set chosen due to the ability to summarize it at the county, tract and block level . 27 The geographic levels of comparison were the County •as a whole, the Census Tract or Tract cluster in which the Study or Control Areas were located and the areas within a 1000-foot radius of the Study and Control location centroi•ds. • A next step was to use the data available on real estate activity in the Multiple Listing Summaries to establish marketiperformance between 1979 and 1982 in both the Control and-Study Areas.* The results were compared to real estate activity in the residential market of Center Township which, in terms of value and general housing condition; most closely resembles the two areas among the nine Marion County townships. COMPARISON RESULTS AVERAGE MORTGAGE VALUES - 1979 Marion Countyl $ 41 ,854 Control Areas Study Areas Tract/Tract Clusters1 $ 31 ,858 ! $ 28,003 [ Tract/Tract Clusters2 ] [ 27.872 1 [ 21 ,605 ] 1000-Foot Radius1 23,721 24,616 [ 1000-Foot Radius3 ] [ 16,038 ] [ 23,823 ] 1 . Source: 1980 Census. 2. Source: Home Mortgage Disclosure, Act Statements. 3. Source: Residential Multiple Listing Summaries. Comparison of the 1980 Census data would indicate that the value of housing in the areas addressed in this study are from 40 to 73 percent below the Marion County average. While the average value of housing at the census tract level was somewhat higher in the census tracts in which the Control Areas were located than those in which the Study Areas were located (531 ,858 vs._ $28,003) . the opposite was true when comparing the target areas themselves. Housing values within 1000 feet of adult entertainment businesses in the Study Areas were greater (although by a lesser margin) than those in the Control Areas (524,616 vs. $23.721) . • * Whereas the sample size is sufficient in most years to provide acceptable confidence levels for mortgage averages, ithe sample is only marginally acceptable in 1981 and 1982 for the Control, Area. • 1 28 1 This finding is borne out by an examination of actual mortgages executed within the affected census tracts of the Control and Study Areas, as well as real estate listings at the 1000-foot level . Using mortgage and real estate listing data we find that, while consistent with the Census data findings, the disparities were more acute. Average mortgages at the tract level were $27,872 vs. $21 ,605 in the Control and Study Area tract clusters respectively. At the 1000-foot level , real estate listing values in the Control Areas dropped to $16,038 while Study Area listings increased by approximately 10 percent over the average mortgage value in the tract clusters of the Study Area. It would appear that, while property values at the tract cluster level are appreciably higher surrounding the Control Areas, housing within the Study Areas themselves is, on the average, of distinctly higher value than housing stock in the Control Areas. TIME SERIES ANALYSIS RESULTS During the period 1979 through 1982, mortgages processed in the Control Areas of the study showed an average annual appreciation rate of +24.7 percent. During the same time frame, mortgages appreciated at an average annual rate of only +8.7 percent in the Study Area. In comparison, residential mortgages in Center Town- ship appreciated at a +16.7 percent average annual rate for the . period. AVERAGE MORTGAGE VALUES 1979 - 1982 1979-1982 • 1979 1980 1981 1982 % Change Control Areal $16,038 $21 ,687 $22,650 $28,420 + 77% • Study Area1 23,823 25,432 30,964 30,090 + 26% • Center Township2 16,100 17,178 18,903 25,099 + 56% 1 .Source: Indianapolis Multiple Listings for Residential Prop. 2.Source:Home Mortgage Disclosure Act Statements. 29 • • • MORTGAGE VALUES % Change From Base Year 100-- CenterTownship 75"' Ludy Area — — — MO C..itrol Area — 50� j •• • _ I • 0 -25- • i 1979 1980 1981 1982 REAL ESTATE LISTINGS % Change From Base Year (1;7 , 1J0� Center] Township 75 Study Area — — _ _ Control Area — — — �0 25 • 0 \ I -25 50 • -75 -100 • • 1979 1.9 0 19:1 19=2 30 The average value of mortgages from 1979 to 1982 in Center Town- ship increased by 56 percent while Control Area values increased by 77 percent and the Study Area by 26 percent. RESIDENTIAL REAL ESTATE ACTIVITY 1979 - 1982 197q 1980 1981 1982 % Change Control Area Listings' 29 23 15 15 - 52% . Study Area Listings' 28 28 26 29 + 4% Center Township Mortgages2 898 635 377 182 80% 1 . Source: Indpls. Multiple Listings, Residential Properties. 2. Source: Home Mortgage Disclosure Act Statements. Both Center Township and the Control Area followed general market trends in the volume of real estate activity, falling by 80 per- cent and 52 percent, respectively, from 1979 to 1982. Once again, the Study Area performed in an atypical fashion, actually regis- tering a slight increase in volume (4 percent) over the same period. CONCLUSIONS While bearing in mind the above-mentioned difficulties in certain cases with the sample size at the sub-area level , the following observations may be made on analysis of the data. A comparison of residential real estate listings indicates that the areas chosen in this study which have adult entertainment establishments within their boundaries have, on the average, a residential housing base of substantially higher value than that located in the 'areas chosen as control sites. • Despite the higher value of housing stock in the Study Areas, property values appreciated at only one-half the rate of the 'Con- troi Area and at one-third the rate.of Center Township as a whole. Another anomaly apparent in analysis of real estate activity within the three areas is that market forces within the Study Areas were present which caused real estate activity within its boundaries to run completely contrary to County, Township and Control Area trends. 31 . I . • In summary. the available data indicate that twice the expected number of houses were placed on the market at substantially low- er prices than would be expected had the Study Area real estate market performed typically for the period of time in question . • 1 1 1 1 I " 1 • • i ' 32 APPRAISER SURVEY PROFESSIONAL APPRAISAL OF IMPACTS Because of the great number of variables that- have the potential to cause a particular real estate market to perform Lrratically at a small area level , it was decided to solicit a "best available professional opinion" from real estate appraisers regarding the market effect of adult entertainment businesses on proximate land values. The Indianapolis Division of Planning approached the Indiana University School of Business' Division of Research for assis- tance in polling the real estate appraisal community on the sub- ject. The University proposed that the survey be national in scope and offered to design and pretest the survey instrument. Dr. Jeffrey Fisher of the University's School of Real Estate collaborated in drafting the instrument and conducted the ini- tial test at a workshop in early September. Analysis of this pretest indicated the need .for minor adjustments to the form. In its final format, the instrument (cf. Appendix II ) posited a hypothetical middle income, residential neighborhood in which an adult bookstore was about to locate. Respondents were asked to numerically rate the impact of this business on both residential and commercial property values within one block and three blocks of the store. They were also asked to rate a num- ber of potential other uses as to whether they would increase or decrease property values. Finally, survey participants were asked to express what they generally felt the effect of adult bookstores was on property values. The survey sample was drawn at two levels. Using the membership j of the American Institute of Real Estate Appraisers as the sur- vey universe, a twenty percent random sample of members was constructed for the entire nation. In addition, MAI (Member Appraisers Institute) members who practiced in 22 Metropolitan Statistical Areasl (MSAs - as defined by the U. S. Bureau of the Census) of a size similar to Indianapolis were surveyed at the one hundred percent level . In January of 1984, 1527 questionnaries were mailed. As of February 22, 507 (33%) had been returned. These returns were split evenly between the 20% (249 returns) and 100% (258 returns) samples. In the national sample the rate of return by geographic region 2 was fairly consistent East,41 - 27%; North Central , 56 - 28%; South, 89 - 25%; and, West, 63 - 24%.Return rates from the 100% MSA survey varied from 14% from Newark, N. J. to 62% from Cleveland, OH. 20% NATIONAL SURVEY RESULTS • Survey respondents overwhelmingly (80%) felt that an adult book- store located in the hypothetical neighborhood described would have a negative impact on residential property values of premi - ses located within one block of the site. Of these, 21% ,felt that the property value would decrease in excess of 20%, while 59% foresaw a value decrease of from 1% to 20%. One-fifth of the respondents saw no resulting change in residential property val- ues. Seventy-two percent of the respondents also felt that there would be a detrimental effect'on commercial property values at the same one block radius. Only .10%, however, felt that the effect would exceed 20% of worth with the majority (62%) seeing a 1%, to 20% decrease in value. 28% of the survey predicted that there would be no negative effect. • While the great majority of appraisers felt that the effect of an adult bookstore on property within one block of the site • would decrease property values, they felt that this impact fell off sharply as the distance from the site increased. At a distance of three blocks, only 36% of the respondents felt that there would be a. negative impact on residential properties , whereas 64% felt that there would be no impact at all . Better than three-fourths (77%) of the survey saw no impact on commer- cial property at this distance. In summary: - The great majority of appraisers who responded toithis sur- vey felt .that there is a negative impact on residential and commercial property values within one block of an; adult bookstore. - This negative impact dissipates markedly as the distance from the site increases, so that at three blocks the esti • - mate of negative impact decreases by more than one half judged by the number of respondents indicating negative impact at three blocks. - The majority of respondents felt that the negative impact of an adult bookstore is slightly greater for residential • properties than for commercial properties and decreases less dramatically with distance for residences. 34 ;iATIO:;AL SURVEY OF APPRAISERS • Impact of Adult Bookstores On Property Values RESIDENTIAL PROPERTY AT ONE BLOCK 2 mimic.. flc. <.t1w1 444 OCT 14.t ■own MOON Nf1 N• Ca Kt C1r11•• I.1K IQ'' 143 ICI 1 a 2 C _ 1 . I. .I • •t •C/INU ,...f 1,.8 32.4 31.4 1..1 31.2 ...1 N.• 14.41 14., ' 0.1 •N •.. {./ I.tCN•Y•1•{.Mf_ feel— __-..•.-- ...._ ff= J {_- 1�.� .., .. •.• 1.1 7 1.. 1, J 12 t• ,.. SS.fC.f•f{ 1./ammo I .•.1 tf. 11J .•.. I.., I 14 of .1 a1.. �J=• _._ • -. I 1.• •.• 1..• f.• .4...�� .. - _- - 43..... r iM•IN{ I 88.f r ILA ,•.f_ J..•_J .2.•1 ff.f ..-. r.a ..... 1 2 , ,.. ... ..• iMe.r •. ..w N - .t o.• we•. 1... n.0 leer 0 .1 1••.• a 4J+ i 1- 1- Neg. No 23 10 Chg. COMMERCIAL PROPERTY AT ONE BLOCK 100_. 8y I N•1fw C OYM •w Kt .Yf N.M. SOON Nft N• Ca .Cl C.w••� T.t.. L.• cow., Kt w a _ i a _L.. .• o(�,n JCL•1lIM .�_�� � -«�_ -----.� -�_�.- I - 3• '-- .. / M o1i1•.1• P.841 I,.. ...• N.. I.N 14.4 Col 0.0 SOO lee .rolas .81110. 22.1 Ala. _ J J_...21•.1.......n...a_. a2 J_ ,. . I.., 23.. .(C.f•Y 1134104 I ,../ . 44.4 1 11.8 f•A N.. • 1 .a•/ 1 ae.s 1 14.4 ••.f . - .1. flee... JI•• 1 23•1-. .1144.J•- �/'//�//�/) E• 1 t, 1 SO ,. 1/ to Pi wf C44461 . J .... .L 2.... J.�1.11.2.•L _J/.{ 1 I I I '/''1 ,., 1 ... 1 % 20+ 11- 1- Neg. No se.. ... r122--••-211.e24--,Lr ,----,1r---•- GRAM. '41 .• .• .f .. ' LO 10 0 Chg. 101.1. 14.4 ,f.. 20./ 06.3 18446 • • NATIONAL SURVEY OF APPRAISERS • Impact of Adult Bookstores On ,Property Values RESIDENTIAL PROPERTY AT THREE BLOCKS ..ta. CaMM l • M OCT IUYT mown . s111/. Nit ••• IOO.. COL .CT 1 C.rU 1 1 TOt.a, TS T aKL _ 1 a a .• -III I I - ••• • .•4M..o 'SUS . . n.. .a•.. I, O.. •.• ..1.. Psi1d; •.• I.. BO.i •.• ...- • a a I • Ia a - U 44C48466a1.544114 •.t a 16.1 I M.. •.T •.a . ... .. . •A .1 4110 I I•.• ._a.a._ •A I 1.4 ..I ..• 60- \ ._1 - — ..r_ .a. i Oa.• --„~ •a 11K...•t I.T.1..- ... . I$.a ..•-- ---t--- .•.. _ N• I !•.• J1.I .J.. • -- a♦ a H N 44 I•P 40. as cart. I14,1 .1. ta.a -tea ..a•.a. ..•1. d 1 u.• 1 .a.a ta.• alai T L.I i 16.6 14A I.t:.f..a Ina•• •.• 1 •.• HA MI 1 ..• •Oa — ._ MAIM M..... OIL.... COL .. .a a•. Tn.1. I... 11.• 1 s... a•.. i.e.. e-ss,a 10 M LN..*'C. . % 20+ 11- 1- Neg. No j 20 10 Chg.. 1 COMMERCIAL PROPERTY AT THREE 3L�CKS 100— W•1Cm BO" Owl O• .CT tail m•.T Oa •Sen. OMIT.T COL K OT T Cl..t•.a, i Tor 1 1 a 7 .._l.O. — _.. Cgaimilis .. 1 . aM . • a 60- 4 se ere a • Cm•.a.,I Iasi.:E :1: :; !; It: --- 4O-• .. 1_.. T..1_. .1_ Nu••.a urou• •.. I n.a u.. IT.1 I I•.. Ilse IIa1.• N.. II.a I \. • alb •• . IS I I I \ S. Ca•iil_. 11J_1 ...a1.1 . la.a ._a. .„L.a--• / . Base WS•• Mesa eta u.a Oliva +•.• aaJ. . - T:,- ,*----, - --., 11.1. — — leg. .0 • • • 1 a _ f 1•C1w••• 1wa.a Si •.• .•.. seal •.• 20 10 . Chg. ' _. . •a . . •.• .a•a .1_ .a.... ._._ • •.. •.• ... I •.• • COLIItM _- • •a..... . Am ...__— .a� a.. elf as. 1..• aa.. Ns II • a•.. 1.•.• * 36 Respondents were"-also asked to evaluate the impact on residential property within one block of a number of alternate uses for the hypothetical site described in the survey. Of the alternate uses proposed, a clear majority felt that a medi - cal office or a branch library would increase the value of sur- rounding residential property. A store-front church, welfare of- fice, tavern , record store, ice cream parlor or video-game parlor were generally felt to neither improve nor decrease residential property values significantly. On the other hand, a substantial majority felt that a pool hall , drug rehabilitation center or a disco would decrease property values - although not as overwhelm- ingly as an adult bookstore. NATIONAL SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lower . Much Some Same Some Much Store-front church 5% 20% 58% 16% 1% Pool hall 1% 8% 45% 38% 8% Welfare office - 12% 46% 33% 8% Neighborhood tavern 2% 18% 45% 32% 4% Record store 8% 274 61% 5% - Medical office 24% 38% 35% 2% - • Drug rehab Center - 7% 35% 42% 17% Ice cream parlor 15% 30% 53% 3% - Video-game parlor 1% 18.E 50% 27% 5% Disco - 11% 42% 35% 12% Branch library • 24% • 34% 38% 4% - • 37 • • The survey also asked the degree to which adult bookstores affect property values generally and the basis for this opinion. Twenty-nine percent of those expressing an opinion saw little or no effect as the result of adult bookstores on surrounding property values. They based this opinion on their own professional exper- ience (13%) , the observation that this use usually occurs in an already-deteriorated neighborhood (24%) and the feeling that only one such adult entertainment use would be inconsequential . A substantial-to-moderate negative impact was projected by 50% of the respondents. Twenty-nine percent felt that this; was be- cause it attracted "undesirables" to the neighborhoods in which they were located, while 14% felt that it creates a bad image of the area and 15% felt that the use offended pe rvailing commun- ity attitudes so that home buyers/customers would be discouraged. 13% based their opinion on professional experience. j A number of survey respondents (20%) saw the potential impact on a neighborhood as being contingent on certain variables. 28% of these felt that it would depend on the existing property val- ues in the area as well as the subjective values of its resi- dents. 23% felt that development standards such as facade and signage would determine impact and 11% saw the nature of the ex- isting commercial area and its buffering capacity as being most important. .LION .0.Kr (UT NO/TM .ONTM ..lT .06 CAS KT CIM.... TOTS tOt Kt 1 a a 4 I MPACT ON VALUES 100 lTTIj..0 II�CT a... 40.. a..a 83.1 .a... 38.6 113.3 a..a aa.. 6.4 ... ... ..a a ftftftftftwftiftftftft I. . 76 .a aT 11. IY..r....em111.TO 13.4, nee 'Vol 87.3 .... 80 f 38.1 . OO.. •r.a. 41.1 •.a II.. 1a.. 44.6 .a. . I/ I. 16 II .[ Cl.TIM/..T 11.3 81.3 I a... aa.. 1..1 aa.a IMP ' U.S I... 60— - au mm..... mpem..� •a 60 6111111O11 lam 1..a 1. a.T . 31.1. .at.. 11.a WA •.. I uA •.. 1..• 81.3 a.O40 ..a comm. N N .1~ N PTA • 40886 16.. 113.8 I aa.1 86.1 1641.4 20 • % None/ Subst/ Cont. little Mod. • • • 38 • • `f. ;i tY ;.t i :► if = 11 C= C' t C: = 7 - c ai I. i�I.• r 1 1 • s !• ' • a l:l•:i.;t;►•it:i.li:1. i::.li:►.Is1►.1:-: ii:i.li: .i. . f v d .L 1 1 I 1 r1 1 n o . ii, ,. .31.,. I l � e l • F It • o• ain rt .iiii... . tir Itti; ttt..:1.:..1i . ti , to.liii. II_ PI < •••1 LA li !•I/• !•i• 1 1{!,, •.f li 7 I.i/ i••C ! I .I. 11 to a :i ::ri: :.;i...i:4-i�i: : i Ii_( • r . 1 � %1. • • LIFIl Ii.i•i:i •t.Itti•I►i1d t11. tti. FELL tii.`11`•I CD o R i1 I I 1111 f t ! 911: _ : ft. . I l 1 •1 � r .[J.:J.:J. jt5 •1 1 rt ,...--i-j -� .L....--i • N u+ tO i Iia► Ri •1:i •f •1311. . 11 C/ F -f ! f i Oin _#t u.li a.itit.!•11►lEi►. ii.t: 1 r!, -I IL . - - 1 I' I • I i tEt..:ii�Jti:.i�ii:iitt• rLi.!�iihi:►i.'::L.t t! �1.. .4...L -..L..�1.1.. _L-! i 1_r-.i. !rt 1 • f 4 Irf� Irs, i.r}rl j.i/ ..f Il..0.et I..i II i. w :if:ii:+•i:• •...i:i.•i.i:.±:::.iF::ri.::r;i::.Ir • 1 i 1�EI I i hint.114. L . tii �. tiF 1. . �ii : -:l .ii Ic_I - ii i [rr r--[El .-�- • i. ii it: L I i_ 11 , 13 it! BR # f.•' _ • iii.- Fi • _: . f. i= f- i•:=„ill • L IC• I I•`• �•.• ! r_ l!r7:1 !.�• • 'I. I I -: �..i Ii E /a F:�i:_rli / sil:.lii�.Icii(!a 1. Iti.l:ii,lELi.?s/r.!' . �j it tr. I 'j' l- , , � .rs1_•1 : 1 G .1 .i R 61i .i III. iii.a.::it:t:Itii.�lt MIX'. i.ai.'l►►i. - 1 1 IF_-' 1-1 ..d_.L-1 -L1.L-_f. :-1.� I l � !i ( I i i • !itl&liati.i1:p-aii.i:i:, iii. iti.lit :IL.4. ,iI , � IL . L ; • : I : I I . IiI leIr. I . F . 1,.. is , f ••, - 1 :c1 E. I i• 100% MSA SURVEY RESULTS • I The 100% survey of Metropolitan Statistical Areas similar in size to Indianapolis produced results that were consistent in virtually all respects with the results of the 20% national survey. As in the nationwide survey, respondents overwhelmingly (78%) in- dicated that an adult bookstore would have a negative effect on residential property values in the neighborhood described if they were within one block of the premises. 19% felt that this depreci - ation would be in excess of 20%, whereas 59% foresaw a decrease in value of from 1% td 20%. Sixty-nine percent saw a similar decrease in commercial property values within one block of the adult bookstore. As in the national survey, far fewer (only 10%) felt that a devaluation o'f over 20% would occur. The majority (59%) saw the depreciation als being in . the 1% to 20% range. Once again, the negative impact observed within a one block radius of the adult bookstore fell off sharply when the distance was in- creased to three blocks - although, judged on the number of those indicating no impact, there would appear to be more of, a residual • effect on residential properties than on commercial prjoperties. 39% of the appraisers felt that a negative impact on residential properties would still obtain at three blocks from the site. Only three percent felt that this impact would be in excess of twenty percent. The remaining 36% felt that depreciation would be some- where in the one to twenty percent range. 61% saw no appreciable effect at all at three blocks. I ' Commercial property was judged to be negatively impacted at three blocks by 23% of the survey. 76% saw no change in value as a re- sult of the bookstore. • I In summary: - Appraisers assigned a negative value to an adult bookstore located within one block of residential and commercial pro- perties at an approximate three-to-one ratio. - At a three block distance, this ratio tended toibe reversed. - The number of those indicating a decrease in value at three blocks decreased at only one half the rate for ;residential property as for commercial property. . l • 40 . MSP• SURVEY OF APPP.f:ISrnc • • IMPACT OF ADULT BOOKSTORES 0(1 RESIDENTIAL PROPERTY AT ONE BLOCK Decrease)20$ ', • jf�/4 II -20• • • I ' 1. Decrease I • .__l .1 II.l_lllll1.L1/1 .1la11• k.L. I ._J 1.1 11•l. II. 11.1 11 .1 . II I a1. a 1 / no Decrease 1 • $ 0 20 40 60 80 (Nal .••MI •••••M•. 14144. 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VI in :.! •••I.:. :ii.=L::.lti : :_`::S.iS.i 73 an :� :..:i:•.:::_ :::_i::.. ::.. . t ; • In response to a question asking appraisers to rate the impact of a number of different commercial uses at the same location on residential properties within one block, the majority felt that a medical office or a branch library would have a favorable im- pact while a welfare office or drug rehabilitation center would have an undesireable impact. The majority felt that a store-front church, pool hall , neighborhood tavern, record store, ice cream parlor or a video-game parlor would not have much of an impact and were about equally split as to whether the effect of a disco would be neutral or negative. • MSA SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lower Much Some Same Some Much Store-front church 4% 24% 52% 20% 1% Pool hall 1% 12% 48% 33% 6% Welfare office 1% 13% 41% 37% 7% Neighborhood tavern - 17% 52% 25% 6% Record store 6% 29% 54% 10% - Medical office 20% 37% 39% 4% • - Drug rehab center - 6% 39% 40% 15% Ice cream parlor 14% �9% 52% 5% - Video-game parlor 1% 17% 51% 28% 3% Disco - 13% 44% 33% 10% Branch library 24% 37% 34% 5% 1% 45 In response to the question about their evaluation of the impact of adult bookstores generally on surrounding property values, 21% of those expressing an opinion felt that there would belittle or no impact with such a use. They principally based this opinion on their experience as appraisers (20%) and the observation that such uses usually located in areas. that had already deteriorated (26%) . 47% of the survey felt that there is a substantial -to moderate impact-. Their opinions were based on professional appraisal ex- perience (18%) , and the observations that: given current mores, an adult bookstore would discourage home buyers and customers (14%) ; the use precipitated decline and discouraged improvement (11%) ;and, it would attract "undesirables" to the neighborhood (29%) . The nature of this impact on property was contingent oni a number of factors in the minds of 32% of the respondents. 13% ,felt that it depended on local attitudes and the adequacy of legal controls on their...operation. Exterior factors such as signage and 'building facade quality were seen by 16% as the determinant. 30% felt the impact would be directly related to the values (both monitary and human) prevalent in the neighborhood. And 20$ felt 'that the answer depended on whether or not the business was likely to at- tract other such businesses. • ' 46 • EFFECT OF ADULT BOOKESTORES ON PROPERTY VALUE MSA SURVEY OF APPRAISERS Effect ,• Little • Substantial I Contingent 1 I I % '20 40 60 COUNT I•• RT •Mllsl•. &Kea. Ia0111al4 /AN Atli 11600/6. 001IP14 ►I L•1e• •1.1.1•6L 1111.46.11. ••L4•I.. I.OI•s••L•1Il- CO. KT •a II•IT••Ca • Ca Ca •••L•I• CT 1t1MIL .4 re1.l1 •11.••••• TIT KT 4 a 3 1 • l _ a 7 • • . N al Ia N••Y --••••- - ............• ..»1. -» •»..». .-•.». ••• » .».».••.••..•• -.•-» .»»... 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II Mpa► •A a•• 1•I IA I•./ •.• I•• •.• •.• •A ..• ..• IA •.. a•• � •.• I.e `-�.e a.• � 11I.a • • _- -_ - -7- _ 1- --No -reason g i ven a--- = - - ----"-- ---_- _ Vo_I_ume%_type_ of _ _ ___ _ _ _ _ 2 go Not enough informa- customer. - - -. tion. 6 • Decore/management. • 3 • Local attitudes 7 • Decore/management. and controls. 8 / Type of nieghborhood 4 am Nature of existing values. commercial uses. 9 .1 If attracts similar • • uses. • SUMMARY OF FINDINGS The great majority of appraisers (75%) who responded to the national survey of certified real estate appraisers felt that an adult book- • store located within one block would have a negative effect on the value of both residential (80%) and commercial (72%) properties. 50% of these respondents foresaw an immediate depreciation in excess of 10%. At a distance of three blocks , the great majority of respondents (71%) felt that the impact was negligible on both residential (64$) and commercial (77%) properties. Even so, it would appear that this residual effect of such a use was greater for residential than for commercial premises. In answer to a survey question regarding the impact of an adult book- store on property values generally, 50% felt that there would be a substantial-to-moderate negative impact, 30% saw little of no im- pact, and 20% saw the effect as being dependent on factors such as the predominant values (property and social) existing in the neigh- borhood, the development standards imposed on the use, and the abil - ity of an existing commercial node to buffer the impact from other uses. The results of the 20% national sample and the 100% survey of Metro- politan Statistical Areas were virtually identical . The one signi - ficant variation that did occur was in the response to the question asked as to the effect of adult bookstores on property values gener- ally. Respondents in the VISA survey placed more emphasis (32% versus 20%) on conditional factors at the site. • 51 FOOTNOTES 1. Metropolitan Statistical Areas (MSAs) surveyed at 100% were chosen on the basis of having a one to two million population at the time of the 1980 U. S. Census. They were: Phoenix, Arizona; Sacramento, San Diego and San Jose, California; Denver/Boulder, Colorado; Hartford, Connecticut; FortlLauder- dale, Miami and Tampa, Florida; Indianapolis, Indiana; New Orleans, Louisiana; Kansas City, Missouri ; Newark, New Jersey; Buffalo, New York; Cincinnati , Cleveland and Columbusj, Ohio; Portland, Oregon; San Antonio, Texas ; Seattle, Washington ; and Milwaukee, Wisconsin. Although slightly outside the population parameters for this selection, Louisville, Kentucky and Atlanta, Georgia were also included. 2. Regional designations used were those .employed by the U. S. Bureau of the Census for the 1980 Census. The data were processed and crosstabulations performed using the Statistical Package for the Social Sciences. 3. The discrepency between the number of survey responses and the number of responses to the question in this and subsequent tab- les is the result of some respondents having omittedlanswers to questions 6 and 7 of the survey. . • I I " . i 52 APPENDIX I Area Maps 7 { NOTE For the purpose of this study, the maps included in this Ap- pendix categorize existing land uses within the Study and Con- trol Areas as having a Resi - dential or a District Commer- cial Character. All dwelling district, neighbor- hood-related commercial and spe- cial use zoning classifications are designated a's being of "Res- idential Character". More intense commercial uses , industrial uses-land district- related special 'uses are consi - dered to have a 1"District Com- mercial Character". • I • • I . I . ADULT ENTERTAINMENT BUSINESS STUDY • �� • /7 •LI•►. Rf•11♦R1411 R\•tt r •[[\a, 11Q: TVA -' . art LE a[1[7 as a,. fir- Ora RIM eLii...:„.....1 xs' -- • -•' atlf7 Main rne 1v llfia lTf. f1 "; Bellig ICRIP, r T IrrpiIZ= linre/ ,\o c lrrsl rt-n, , •� e. y 3� 7,1 CTtI . . • • I J� . w • L�[�7' 1t T17 I&W I 1 • el • Ira. .:2:1" ■tt\'• ■kr\a yes. wrr� at+tts �rL�7.a. �• w..� sn. orls 1.-----' " /ill M �.ni T. am ss a ..45.2_ ammo m"'■=m mar a=1a1 .m / pYZ7 Nino assr a mina mown R INIXIj fir= Fr,%1/.a/ Rsj1;Z�7] '[���if S • r e Ega in•u onus wst! wtra Nits. R 7,� t i`m 71 acz7 ►NLD►r qua EaJ /TM ..• 1111 ""'"" saws r I y� a+ it .`w latn .mow •• RTL� ■•,�. r f 1RL ual�1 a as>A •:a.t NUM ^'�'� el. s lift. m 1■1i'a afY1 ■[ :1 ate, .']1-.J - •. �— • ' = BSI a [m�k V, aSTS1 � tG71b we anti, alm, LID EpT,i _ j WIS q F# elm UTtV i►v)- we W I � 7 5!� If�SI ' _ —� 1 I,,r1i a`l L �6►\►lr371 NNW, ■aMtT.l lga 1�}vl IAa!l TA.MO rrzm"' r1��Iarr• ss1�ram R� s*_. ••l1Q7 acme Paa� S ► s-m RtJ i�/r•11-1 R , a � eaT L aR! m P/ .►1•l.l y.Is ninkl.in et • a•ssf !_�!t1lL'I Frer f}A r�jaa! ass• moo _-slim.sawa n 1V Masi .aq "<F�: )�1'I t_� Wil SVa W:Willa i�7�_�7crt...1.12 wt bQ c a t lsi!ma�k a 2 aP" S an Jr � Enure • ,1• In1.►ct ail nap•ao••►• .■[1.0 In I•n[ laai w[•JN •t[• NW" O 111 � �{� gals' ►[tn 1 ,[ mimmin t TFLILB- o� 0is t hl nt=4E En s g omm � i �' a En �'arela ,� •af ;el RD1 M I 'see •Ir: 1 • .Ju.,.... a •��,. w Ex :AIL'*II. 11 L�fl1T. .I•. I IIII�.111 I s ® hlig. 1 .,�,►�, � as L►t...(.a, igl:QJ =El = — te `;iial WE . U. errtmirrwin 1 ,:: — MEIN 1 VA; rian cis ..: wail III [c., wirin +. el CLIME=um eV, : . Tot\l•M La:" l1 AA � i�� I f2, i _an ius IR aT r7L1 7,:fT7 �a a WT•.c= *1•} keg cm me .h. - ram cm rr.r [rira. Wall art7.MAIM r: - rF f/1a1 rr. MX7a[etl, afa ws 'aaa. alit•WT? ¢a1'rry crs■rtl• !Ufl!: .rs aT7\ 1TT7 [TZa®1 tr it :-tLL►Emina e`er Kim:`cites, Ma ales 1 IFIWIll":.&IN KM=wan llil = I tVz,a� Nina a>� araTi sR1•a.� — �.t. Y�� �R[■ ST�afZaf at{i�ars_ 1 SR L 1 &Rn7® ara�n>rs>n aa�>.SI['>• STUDY AREA LAND USE "(1Ta[ nun aum will.girM s nrr. Lana w s-' a�� mum um rwa TE4'1 1' .. 6�",� •I 3155. 3201 East 10th St. . '�H1 um-,rm ®� MEI=Mimi �� Residential Character • rim.mom 11•PS II File►'m ''Arai evil r9mr�.-" 'tom a•+r,t me pm-A, Mitt pro MEM.Willi / viva MIN ►at1 fib! f+�fowl District Commercial -�1 '■ murvw.rm'"-a4 (452 Character i, '-"arri a-t,,z.►1Iliiii ■� us"cm at`c rt.s.Uvr. Rn•rs:a 1•>}:l or;--I .L•l=S1.L. Adult Entertainment Site , Lam LINES `/1i1 c.c.s*: N. roeZZ t U!Meal Fs=cm' A ATE MO. _UM/L?Ic w1N UZ .1-3...2ti, Q' r... -a t1ra1 • I-I • • ADULT ENTERTAINMENT BUSINESS STUDY • •••A - T,i. •7_11 rANTa L. i 2 ..L ,. a 711111111aniffir" : - 't - "*"- Mil - I- EFFIVErti 3 f. i,.1 :.1 i .141 Sa .w.1 I w 1111111111111ir Z ss> . ,,,;•,� f .-. .1 in•ol •--, ''' o 7 1•,t .L 1<: , ,.t. .L!.." 9. M • . 1 1_ b• 419 l+1i+ 1 , , 1•" / 111t- 7'' L.2i- t . ' ,y+. i ;Ai `1rs>3n ;:•; a 1111 VA - -i:•t-'-, 1::: r`L'.f r 11 JILL 4.1 • r• ,•:s d 1 J, .u`'t ssL 2912 ,___I n }•;. t -;_- • 1' t . 1 1 t 11r- .- -a�•- • L� rL -1. i'i�J Lu.W •iS�L .,Jr.-.-�2 -�•r� r S7: - - .. MO_SI Ia•V ,l! mono - : ]t., :1 ,r- . .f 7• .. imi /ltim ,t t v (tit 11� ;t)Y ► M Qi� Iti[i ,):1 ?Brim 1 t,•r 3 In J f i. ••�•• •� — �� f ii8i 711.7 i 1 2' 7110 : ' •• •.�s� y ;..MM 1tJ; 7• )1- 17; - • .0 , 1 ��• [ III [, . i=1 fIIIIi { 1 l 1IIIIIII� I id L A - I '"'" ! s N?ATJr 3dj _ _.__�_ ____ _ _ II I l IVO . 3lAG� 3.7� r iÜOTIi 1'1 i s}scM311111111 1 ., 1-17 iT]L 773- 1-;-• 1r )'2+ 17s7 ;.-:: 1-Js 7- xi a• I'•i ,t .4 li, ." ..i _♦ Z J F last 2.04 ►ii. Jr�• 1 L:�. .11.J .1-• Z.7- ,, i ,_• _L. - t.�— ..lril. .1.:i 1.ii 4 .:ram:. �L,..a_'. - t ir„ - S ,-.1....:- n..J+2A. �� .3....�. .LLi. I ,..ktry .M �i 1 Lis :'- .�i .t.:� `� .Jai --la=a. J .lalib anal.s.:. ..d..1.i.i41 = S''! I-Lui 1------ 1 1 ',•• , i J' .... - 1 4--- ti�.i. liL- 151A A.A.- Ail. I 4:4tJ..1 =11:, a,"' 11:1 STUDY AREA LAND USE Itl= -1•• ">,_-= 5429-31 East 38th St. . I:= J.c.s.�A - -S' '; • I .0 ,i.:.a'. .tii. cam•r� Residential Character )N T G O M E R Y I =.a+ _.1,, tki... //. District Commercial PARK l s Character I C Imo- rI © Adult Entertainment Site I t-ir-- I • I-II ADULT ENTE'TAI;'1tiVIT 3US I NESS STUDY a / ... 51 '.......... ...............9.47 'IL: inApligg ....21 • ..,.. \\ 'Pw r ibi .1 ig,.. ..% - ......... . ... • 1 1 =Eill ••• g: . t. hill ' I i N I N.N.T.....: ±. c_Winn mum gni tika OMB 0•2212 EN =FM l Kg • SIC`-'[ 1 �r ii[ iil+ 3'.. -111O .... , MIMIal MIR I :451421. :::.s A -1 :1L hi orsp sic• - . ..cam. �'� I' µ0.r�0 S1 1 �� �� O��o S� 1 a17 I 'w� race` w O -RIM •Ia w>• �v �. aQMNPR r �`� /awa��e •" W �i/0 As 1al• SIDr R �� >mI ^ iiimsiumwa �w wsy wr,.t�� aur 111.14121 sea ® t r . I .H a 674.M �n err mem moi ... ......• tea■w.rim me rota A as a Ma• �Fi•1 araa �7t a PIM Irrel OM RPM min a • re.. 0 llllR WNW- E� S`..•Q -,-,-- onorim n. raa �EXI � �� �. �� J — MB awn 4.m miv. am_C �' r►sa OMB alit 1.�� is.41 genera IIIM El k �+3 am„„„ lei as rum�y /�io%/� 'I/�F t• - ...lc VII �'n` � IQ Pro �%�• /ii���'"'�"� w�SNiNGTON E ,- •-� ��/,1.�. . -•/�' 'o���% i or,`Z. [yaml• l ��1 MI NI. V ' i ��f//,'//./,rils%/mil ace •• �'•O .vi N•' - MI= ...,, IMINI "�- .6 • WASHINGTON " '1 I "'� �- Q IMOM ?•;• -'; ••. HIGH SCHOOL S-o�gil a .�QMOO Ili r••. ,lt - I. 4.. eus0 - 1::tij . . s- =• :al * t rum wow lig CONRAIL ------ `� I °/, • I . 1 1 I I I 1 I I I ; STUDY AREA LAND USE ..•.� 1 FMC 2101 West Washington St. �r CHAIN DIVISION II Residential Character 40I__� ? r •A District Commercial • I I Character • 0 Adult Entertainment Site I- III ADULT. ENTERTAINMENT BUSINESS STUDY // I. .. .. .g= N= 2- - - ....... - .......... . ._.,_L : •lM ,fr - - if dams �.� -r� -v a �nudia ,S: Es ��• • Ega lam�. iu Xv OM .11.1".: °M 2 1 ...N. ____, s= ____ EN iiii „az - .. r. �m gm SLR■ SIZIE „1•S, 0 '� wrt..�� mim Rye ."�� 6 T(il j �'" • .' • , —ter--. - 7.0 -�= � '_' Otal W U ate a. ,. T Olio ,R►Ll �71� Ol O>• ~— 2.. imltri i m ,sit. ma OTOImiiii • iO1 — W J '•S0 arm in imm � is mom •ory01.MOL1 ELM MO 1 �^ - ENT: a �•is9 nail �• I MIN _. •......i. .1• .•. WI NOM 11'111 1 1 = • 0.7 0r..nnl Oka r..iFU/ :=2......... 0 f�. 11��r1 r SIims ..• •.:• Q1a,!MEI I1SL1 Os =• o MIMI •.• .nu ter, n o SE INIEN1 all 11 ill ��T' / rr rrrr rr r r rrr•• r•• ••- Fr' ' :II] Fz:41 ; ••- . . . . mio . "Ir ' :" ' 1 JEOIt 3h ./6 rw ARV iSso MO 3�as Al;:.4 ]. r ',. 1)igi -,. Li Or, ii , .A A / _ sTST / L`• ®_ �/ ii — min I -:: Iffrei.,_74'idi.a '_... tT Nt. M� _r— MINE IIR _-- Min �'� Jr / r•: EN .#1- ' .. 3„ LIMN...41 , '.' •10 a 1.3 '••- MIL.all a il =iift . _ _ , "_:„.•", ,,,....,, . _. • 114/i.Eal 2 r— i B ,,,..Vni>!o • 1 En - to .. ... oQ.Ia M i ' .I • •• ''r"` eo, :3111 STUDY AREA :LAND USE ►, , o '_I 3535 West 16th St. • . .•s= :mu0 IN - = Residential Character • 's" %//� District Commercial a I ° a� ®� i i 1 ' CharacterN.,.....„,„.. . . ' '" • "'- 0 Adult Entertainment Site s .et, 1 .anlEi • ER 1 11. . .l . 1 .• 1. ..11 I 17... 1r7.71 G-Y I- !V r+Ui.LT ENTERTAINMENT BUSINESS STUDY • __"•• II ---i- - rKwr I ______j_ . Fr •''al . • k.-------.--"...-----.. ; r el i (77,.'.:G ._.;75--gf 1 , igs 3E. , „,.. . z. _ ....3x..L, • PLEISnINr- __.mum /KwY SONM OAtv1 MI --,..- 1..t imam g -- , ., 1 ..V.7, ecrvo• LIM - lig !•1 .. ..�5. ST m.R� ors. ` 'fir' ems m aef■ ♦n -^—,,. al:, Sit ;,1 '+�' sr(7 •• •..... �' I_ - ., W>n'a® ?)1 It t!" -- _ •• Asa ours . ^-.-. �. a!ga 0 !s►--5�*" x:+::" �. « : �il !� Ursa® sow 42 • f •.I)N..•. !ZEE a.F) .7.��.� C•� • .Mr (fi IVC • me MAN tT7 OPIUM it! AMA an MUM IMAM IIM ®����•: • 1 rii`� +7741_'' .:=::1- ' to �i PA WW1 � sr� �a 6. ,..n. R 1<)E= .° l R y' . Er: I IMI 411 MEM Q�� _�a 0�0 S 4 �a -- $r )1 - 1 N. s an ono it v�a>. eLl OEM •3 w r- w- r _ 11 ]]_ 1`LE f� s PLi2 spa —Q Win mown R>♦ .° 11 — r.■ ilk Ell-sfm �i !a *XI Pc iM1121 �� SWIM �0 !i wan 10 tHIN [Li . oars: I :3-vrr/� I0.J.1"%' 'r ••�O• • liE w 90E' C N„ N N A• �� � I. r AAA) see jor 4. ii! �::=4SJ 4: ; %r ; wiima;17; VI .._ f ,� / , ---- try Vig WI r- " L' so� i�7, .2 =A v Na7 �a.i• s� .J11=1 I •::•r.'••• .5' : JO z...... ntfrAlifi tam. 'we. e„iii I — rr- COILV roar/ — •J•; •� :,� �h�WINOI( IMIR _ - -• • e t 1, 1%4 10: et.�► u�.p yll ! 1Qfr • I i • 8 "W:5"1"TrMrd.eig ill Vol +""N„,, •Hi .•-0�1 ' ' .+a;t'' STUDY AREA LAND USE ,s ^ o b 7 j �aJ+ �� !•��•� ` " 6116-6122 East Washington St. �:M •M 2GE W MINResidential Character ii'33.si; gal , � �;.r, - .." District Commercial _,''' 111 :a � 'cm Character • ona. le _. !FITT © Adult Entertainment Site sm.. F• '_��ti!><sr alt.a lr•_U ft.4 i#-i ----- . I- V ADULT ENTERTAINMENT BUSI.JESS STUDY • •=1:=IL__I I t... ... .---r- ,tit —.. n r ir1L STUDY AREA LAND USE - II ' �r7xt�.tl 4441-4475 North Key stone Ave. e.40e,4•r c ENE i T� Residential. Character _. . •. _. . 1 r"" District Commercial Character 1.1bp mt c il 0 Adult Entertainment Site °, E P •rrr w�ctowegooK _ T Fu l� //r6 _.. ..,I. 1 .: ..� �.' - • MN sQ crass- / O — -- ime mom ��—— .0 i SIM 0 / I =ate/ o .3 i i,M EM E� 1 1 a IIIIgl i.F4. iIf�i � IP1��% . �� //� ;� ,��. • - -- -Eis - / ,ir , 111 - - �A — / lill -- — FAR ir io mom mum �� / Is' / ti . NM IMO ®! :=1� / � :ice':-`. iiiiiiii . ► ] i �t - -- e„_ _. _.- 1 / %,p�'��i%ii, "• :,%// -r,, -1 e - Zdss`---� m IJIi1// 4f,/,/.4ii% •i,. , 4 -?-�. •1;77 iiii�'/�; r 50 ••• i 9p� 1 — !H ��/,�:i/icy:%f; _ r'r /�i Z -3 dzif;;;.5 = ..... .,./,,vf, 40 •_.. � ems Eno nom— i—TEIVI �l/ % /e,o,i:'�/ % ���iii% �'�E -o.4-,,.g- • , ...„ CIIIIUF���`/AM-.7-/`.37419'0"..r si ": / i - / 0 1 r P/c w r ...7v•iA °A 1)0/, . ,..- t' :reek P • ice" =II L7I s0 ,..• -� 1 -I- • ,. ♦ I 1 1- V 1 ADULT ENTERTAINMENT BUSINESS STUDY ,,(`' OM NI. 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I,yam it7 11 PTA /7A JA •- • i,...• • !II ipc. ti ... 76:7 �- '. _ �E �� .Eft itE �, % • CONTROL AREA LAND USE i 1 I 1 2600 West Washington St. ; FMC Z • I 0Residential Character ' CHAIN DIVISION << 3 I 7 A District Commercial `: I Character • Control Area Centroid • .I- X • ''•DOLT ENTERTAINMENT BUSINESS STUDY .. • 00 F '9r1 }e 1 . I_ . . �;_ 71 __ M.M�w — R • E N• P A R K rso� ;01 i:I�I _; _ I,,.1 T � I ' LA S ._ a • w �ac1 .c�i-. ' -•.ST CKLES1YVl I S 0 = , •-_ i _ b 11..; .l : .7- . - Z CT :,.... its � ' I-• - i i .. V - h r . -- '..1.-- - •_ _�_ 9.7 I • Q 3 •,;.• 9 -�.�� iI am. , ,f • ✓// 1 i ' i •• I - 1 - , --1.. -. ---'-J /frir •6 I I - ' I' ' l v :vi Jy'��� 415 i ��e• i�. I '9/. ST / -1 ♦2••.T f w.,.dewOor A+ I T 1}+ �- i i O \� I�OZ srwMGAw w a i � t W /� %� •• -1 :1 .1 1IA '• -i : c... ! 4h I I I CONTROL AREA LAND USE I I, c E AIS T G ATE _ 750 North Shadeland Ave. S I SHI01I P 1 N{G - • Residential Character • 1 - %�/A District Commercial C �E Al T E RI Character I i 1 - • Control Area Centroid I 1 . ._ . i tA 1 , • I-XI ADULT ENTERTAINMENT SUS I IUESS STUDY . - _..— , i� �q ! "ii4. i 1. '1hui1111.3 r % ., ...ramr. u :ill. lil I Jr I r---17,3 . ,I . I 14 I % II r, zllz. s�za_Is.�� I „ h� �i ....e 1 - a 2/70 I f'� ,ti 11�t� 5 r:t ,L �_ .5 r 1'r 6:! Gp 1 . 1 +; 1 I -3 j cs�r I &I.-. 0614 :45 J W I 5 t • t ;J.+ O . a i.f1 I I fr t ..._ _ • J. a / / I ill• J . \ I . , .V•74,4 •.0# AA I * •.> 116 41 NO 410111p ii. ..,4 '",/,.. 04 ci:' . / '../h. ' P7 .& /". ./ Ally -11-ii _ -.1 , ..••, / ., i . , • • P //0 // •// g%L W il c ' t /00 MOO illI'�1� ..yraav sr. •, Zsoo tsoc - ao rani _ � y r • L%rL/ ,, 4 '',. i (4, tk; C--% 11 .L•.:.• ,/ .. 2k. :' ..1• , 1 �_ { Q. , 1 ( mot. 1 i V � �0/ y ! I / HE EMI MIN e7 § MOH MOM �■ ter` 131 Mimi Inom I/ IMEI_ N ��Ny II ".' .� ibh »err.» CONTROL AREA LAND USE i '` siwaliwr c iNE 5200 North Keystone Ave. . 0 Residential Character �,�o 3.. . % d District Commercial �o'wu� o." Character 9„ h�'0 t/w1:cE b v ararr.• • Control Area Centroid WIuow: oo.( 16 _1 • I—XH APPENDIX II Appraiser Survey ` t�.•VPt�fi1 j'�A. EA��.�. • CITY OF INDIANAPOLIS WILLIAM M MUONUT,III MAYOR OAVIO E.CARLEY DEPARTMENT OF METROPOLITAN DEVELOPMENT Ov1ECTon January 20, 1984 Dear MAI Member: The City of Indianapolis, Indiana is currently in the process of preparing a new local ordinance that will regulate the location of adult entertainment businesses in relation to residential neighborhoods in our community. In an effort to provide a basis for the proposed legislation that is equitable and legally defensible, I would like to ask your help in establishing a "best professional opinion" on the matter. As a real estate professional , the opionions you share with us on the enclosed survey forms would be very valuable to - us in the development of a positive legislative approach to this difficult local issue. Thank you very much for your assistance. Sincere • • 1,v • . Carley cc. L. Carroll • • II- I i 1 •••� INDIANA UNIVERSITY ' SCHOOL OF BUSINESS . Bloomtngtonilndunapulis t i 10th and Fee Lane ' Bloomington. Indiana 47405 "' i• (812) 337-5507 • Division of Research I • TO: Professional Real Estate Appraisers FROM: Indiana University, School of Business, Division of Research • Please help us in this brief national survey. The information provided will help clarify an important question. Read the following information about a hypothetical neighborhood and respond to a few questions in'lterms of your professional experience and judgment. A middle income residential neighborhood borders a main street that contains various commercial activities serving the neighborhood. There is a building that was recently vacated by a hardware store and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities 'in the area. There is no other vacant commercial space presently available in the neighborhood. Please indicate your answers to questions 1 through 4 in the blanks provided, using the scale A through G. SCALE: A Decrease 20% or more B Decrease more than 10% but less than 20% C Decrease from 0 to 10% D No change in value E Increase from 0 to 10% . F Increase more than 10% but less than 20% G Increase 20% or more 1) How would you expect the average values of the RESIDENTIAL property within one block of the bookstore to be affected? 2) How would you expect the average values of the COMMERCIAL property within one block of the adult bookstore to be afected? • i 3) How would you expect the average values of RESIDENTIAL property • located three blocks from the bookstore to be affected? i 4) How would you expect the average values of the COMMERCIAL' property three blocks from the adult bookstore to be affected? 1 _ - over - II_ It I • 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the average value of residential property within one block of the new business be... A much higher B somewhat higher than if an C about the same • adult bookstore • D somewhat lower occupied the site. E much lower In the space provided, write the appropriate letter for each potential use. Store-front church Drug rehabilitation center Pool hall Ice cream parlor Welfare office Video-game parlor Neighborhood tavern Disco Record store Branch library Medical office 6) In general, to what degree do you feel adult bookstores affect property values? • 7) Why do you feel this way? • 8) Where do you practice? City State Your name . (If you prefer not to give your name, please check here ) Thank you for your cooperation. Please return this questionnaire in the postage paid envelope provided for your convenience. APPENDIX III Land Use Control of 'Adult Entertainment • • APPENDIX III • • LAND USE CONTROL OF ADULT ENTERTAINMENT • LEGAL BASIS Zoning has 'traditionally been defined as a process by which a municipality legally controls the use which may be made of pro- perty and the physical 'configuration of development upon tracts of land within its jurisdiction. This is accomplished. by means of zoning ordinances which are locally adopted to divide the land into different districts permitting only certain uses within each district for the protection of public safety, welfare, health and morality. l Zoning regulations not only regulate the use to which buildings or property may be put within designated districts, but also the purpose or object of the use beyond the. mere conditions or cir- cumstances of the use.2 In a 1920 landmark decision, the New York Court of Appeals up- held New York City's comprehensive zoning legislation,3 and re- affirmed this legislation as a proper exercise of the city's police powers. In 1926, the practice of comprehensive zoning received substan- tial support when the United States Department of Commerce pro- mulgated the Standard State Zoning Enabling Act. This Act be- came the model for most of the early zoning enabling legisla- tion in the country. While the courts have reaffirmed that municipalities are proper- ly exercising their police powers through zoning regulation , it is generally held that they have no inherent power to zone ex- cept (as is the case with the police power itself) as such power is delegated to them by the state legislature through statutory enactment. The right of state legislatures to delegate compre- hensive zoning power to municipalities, on the other hand, is uniformly recognized by the courts.4 Because municipalities in the state had to be enabled to exercise zoning powers within their jurisdictions, the Indiana State • Legislature, by means of enabling legislation, delegated this power to local units of •government.5 Control .of the use of private land inevitably raised a number of constitutional questions. In the landmark 1926 case of Euclid v. Ambler Realty Co.6 the United States Supreme Court upheld the city of Euclid, Ohio's municipal zoning ordinance which had been claimed to involve an unconstitutional deprivation of property by deciding that comprehensive zoning ordinances are a proper • exercise of the police power and do not constitute an unconstitution- al deprivation of property. This position was reaffirmed by the Supreme Court of the United States in 1927.7 Thus , the general legality of zoning is established beyond doubt. Subsequent decisions by this court° established that such ordin- ances , however, could be unconstitutional when applied to a par- ticular property. This established the basis for the system under which the City of Indianapolis currently operates where leach var- iance or rezoning request is decided on its own merits. ; THE PUBLIC WELFARE The police power authorizes a government to adopt and enforce all laws necessary to protect and further the public health,' safety, morals and general welfare of its citizens.9 Limitations on the exercise of zoning power are essentially the same as those restricting the police power under the U. 5. Consti - tution, i . e. , they must be reasonable and guarantee due process and equal protection. It may not be exercised in an unreasonable, oppressive, arbitrary or discriminatory way. Zoning lawsi, then, must have a real , substantive relation to the legitimate govern- mental objective of the protection and furtherance of the public health, safety, morals and general welfare of citizens, : The public welfare, in these contexts, means the stabilization of property values , promotion of desirable home surroundings , and happiness ,10 and embraces the orderliness of community growth, land value and aesthetic objectivesll and is reasonably design- ed to further the advancement of a community as a social, econom- ic and political unity. 12 CONTROL OF ADULT ENTERTAINMENT13 • Reacting to the increased availability of pornography in, the United States and attendant pressures at the community level for its con- trol , a number of municipal governments have addressed the pro- liferation of adult entertainment businesses through, among var- ious methods , land use controls. The validity of such an, approach was upheld in 1976 i9 the landmark decision Young v. American Mini Theatres , Inc. l' in which the Court upheld a Detroit zoning ordinance which prohibited more than two adult movie theaters or other sexually-orientated enterprises from locating within. 1000 feet of one another or certain other designated businesses. Against i • • III-II • attacks grounded in the First and Fourteenth Amendments to the Constitution of the United States, the Court sustained the ordin- ance on the dual bases that: 1. The ordinance was a reasonable response to demonstrat- ed adverse land-use and property value effects asso- ciated with sexually-oriented enterprises ; and 2. the ordinance silenced no message or expression but merely placed geographic restrictions upon where such expression could occur. While an exhaustive analysis of the Young decision is beyond the scope of this discussion, the following generalized principles may be gleaned from the plurality, concurring and dissenting opinions of the Justices. First, hostility to constitutionally protected speech is an impermissible motive. The more apparent and rational the relationship of the adult use restrictions to recognized zoning objectives; such as the preservation of neigh- borhoods and the grouping of compatible uses, the greater the likelihood that the restrictions will be upheld. Second, even a properly motivated ordinance will be invalidated if it unduly burdens first amendment rights . For example, an ordinance imposing locational restrictions that are so severe as to result in an inability to accommodate the present or anti - cipated number of adult businesses in a municipality will cer- tainly be struck down. The Young court repeatedly moored its de- cision upholding the Detroit ordinance upon the finding that numerous sites complying with the zoning requirements were a- vailable to adult businesses and that the market for sexually - explicit fare, viewed as an entity, was therefore "essentially unrestrained". Third, ordinances which are so vague in wording and definitions that a non-pornographic entrepreneur is unclear whether he falls within its proscriptions may be violative of due process . A vague ordinance may operate to hinder free speech through use of language so uncertain or generalized as to allow the inclusion of protected speech within its prohibitions or leave an individual or law enforcement officers with no specific guidance as to the nature of the acts subject to punishment. Finally, an ordinance which authorizes the exercise of broad • discretionary power by administrative officials to determine which adult business will be allowed to operate, especially if the exercise of such discretion is not grounded on objective, ascertainable criteria, will probably be disapproved as contrary to the precept that, in the First Amendment area, "government may regulate only with narrow specificity". .4 Any • community, then , which would employ. its zoning power to regulate adult uses within its jurisdiction must be particularly concerned that the adoptive ordinance be demonstrably motivated by and found- ed on sound land use principles , it allow reasonable accommodation for such uses within its jurisdiction , and that it clearly define both the nature and regulations of the use in order to ;avoid, to the extent possible, the need _for subjective interpretation of each proposed use. The Young decision has encouraged a great amount .of experimentation on the part of municipalities in an effort to prevent deterioration of their commercial districts and adverse impact upon adjacent areas. The effectiveness of these innovations will be determined by time and the legal tests to which they will be subject .as this business segment establishes itself. For the time being, however, this decision encourages an approach in which localities have tended to control the siting of adult en- tertainment businesses on the basis of land use. • 1 1 • I . • i • • • I _ ' I FOOTNOTES 1 . Cf Smith v. Collison , 119 Cap App 180, 6 P2d (1931) ; Devaney v. Bd. of Zoning Appeals, 132 Conn. 537; 45 Ad2 828 (1946) ; Toulouse v. Bd. of Zoning Adjustment, 147 Me 387, 87 Ad2 670 (1952) . 2. Cf American Sign Co. V. Fowler, 276 SW2d 651 (Ky '1955) . 3. Cf Lincoln Trust Co. v. Williams Bldg. Corp. , 229 NY 313, 128 NE 209 (1920) . 4. Jonas v. Fleming Town Bd. & Zoning Bd. of Appeals, 51 Ad2d 473, 382 NYS 2d 394 (4th Dep't 1976) . 5. I .C. 36-7-4. 6. Euclid v. Ambler Realty Co. , 272 U.S. 365, 47 S Ct 114, 71 L Ed 303 (1926) . 7. Cf Zahn v. Bd. of Pub. Works , 274 U.S. 325, 47 S Ct 574, 71 L Ed 1074 ( 1927) ; and Garieb v. Fox, 274 U.S. 603, 47 S. Ct. 675, 71 L Ed 1228 (1927) . 8. Cf Sup. Ct. in Nectow v. Cambridge (U.S. 183, 48 S. Ct. 447, 72 L Ed 842 (1928) . 9. Cf Scrutton v. County of Sacramento, 275, Cal App 2nd, 79 Cal Rptr 872 ( 1969) ; Troiano v. Zoning Comm'n of Town of No. Bran- ford, 155 Conn 265, 231 A2d 536 (1967) ; and, Trust Co of Chicago v. City of Chicago, 408 III 91 , 96 NE 2nd 499 (1951) . 10.Cf State v. Bessent , 27 Wisc. 2d 537, 135 NW 2d 317 (1965) . 11. Ibid. , and J .D. Construction Co. v. Bd. of Adj . , 119 NJ Super 140, ' 290 A2d 452 (1972) . 12. Ibid. , and Fischer v. Bedminster Twp. , 11 NJ 194, 93 A2d 378 (1952) . 13.For a more complete discussion of this subject, see Mathew Bender, Book V, Chapter III , Sections 11 .01 ,11 .02 and 11 .03. 14.Cf 421 US 50, 96 S Ct 2440, 49 L Ed 2d 310, reh denied 97 S Ct 191 (1976) , rev'd 518 F2d 1014 (6th Cir 1975) . • 4 1 1 i 5 6 7 8 9 f 10 . • • , ADULT ENTERTAINMENT BUSINESSES I N • 1NDIANApous • AN ANALYSIS 1984 RETURN TO: APA 1313 E. 60TH ST. CHICAGO, IL 60637 0170 Adult Entertainment Uses-Studies • Adult Entertainment Businesses in Indianapolis DATE 1984 I .D. NO. 43 COPY O1 2 0 COPY 0 0 0 0 • • - � EXHIBIT j. E-5 SUMMARY AND RECOMMENDATIONS SUMMARY AND RECOMMENDATIONS During the past ten years , Indianapolis has experienced a signi - ficant growth in the number and variety of adult entertainment businesses located in its jurisdiction. An adult- entertainment business , for the purposes of this study, is an establishment which primarily features sexually stimulating material or per- formances. As of mid-1983 there were sixty-eight such businesses operating in this City. They were located at forty-three separate sites. The proliferation of these businesses heightened the community's awareness of their existence and resulted in numerous requests that the City control their presence. Beyond the moral objections raised by many citizens, it was also alleged that such businesses had a detrimental effect on property values and contributed to high crime rates where they were located. The Indianapolis Division of Planning undertook this study in July of 1983. Of the existing adult entertainment sites, the study examined six representative locations ( the Study Area ) and the presence - or lack thereof - of certain relevant condi - tions therein. It then compared these sites with six physically similar locations ( the Control Area ) containing no adult en- tertainment business. Both groups of sites were compared with the City as a whole. Because of their importance to the public welfare of the commun- ity, the study examined the factors of crime incidence during the period 1978 - 1982 and real estate value appreciation from 1979 - 1982. In support of limited real estate data on a small area level , the City collaborated with Indiana University in a national survey of real estate appraisers to develop a "best pro- fessional opinion" as to the effect of adult entertainment busi - . nesses on surrounding real estate values. As discussed in Appendix III of this report, case law has firmly established the legal and constitutional basis for control of the use of land within their jurisdiction by states and municipalities in order to safeguard "the public health, safety, morals and gen- eral welfare of their citizens". The "public welfare", in this context, embraces the stabilization of property values and the promotion of desirable home surroundings. On the other hand, case law has also upheld the right of this business sector to operate in the community under the First and Fourteenth Ammend- ments of the Constitution. In establishing an empiric base to determine whether controls were warranted in order to direct the location of these businesses , analyses of the data showed: - As a result, twice as many houses were placed on the market at substantially lower prices than would be expected had the Study Area's market performance been typical for the period of time in question. - The .great majority of appraisers (75%) who responded to a na- tional survey of certified real estate appraisers felt that an adult bookstore located within one block would have a negative effect on the value of both residemtial (80%) and commercial (72%) properties. 50% of these respondents foresaw an immedi - ate depreciation in excess of 10%. - At a distance of three blocks, the great majority of respon- dents (71%) felt that the impact of an adult bookstore fell off sharply so that the impact was negligible on both residential (64%) and commercial (77%) . At the same time, it appears that the residual effect of such a use was greater for residential than for commercial properties. - In answer to a survey question regarding the impact of an adult bookstore on property values generally, 50% felt that there would be a substantial-to-moderate negative impact, 30% saw little or no impact, and 20% saw the effect as being dependent on factors such as the predominent values (property and social ) existing in the neighborhood, the development standards impos- ed on the use, and the ability of an existing commercial node to buffer the impact from other uses. While the statistics assembled and analyzed in this study should not be construed as proving that adult businesses cause the negative im- pacts illuminated herein, an obvious variable in each instance of com- parison is • their presence. Crime rates - particularly those that are sex-related - show substantial deviation from normal rates for this population. Analyses of real estate listings and sales show a nega- tively abnormal performance of the real estate market in areas where • adult entertainment is offered.ln this latter case, the best profes- sional judgement available indicates overwhelmingly that adult enter- tainment businesses - even a relatively passive use such as an adult bookstore - have a serious negative effect on their immediate envi - rons. Consequently, it would seem reasonable and prudent that the City ex- ercise its zoning power to regulate the location of adult entertain- ment businesses• so that they operate in areas of the community that, while accessable •to their patrons, are yet located in districts that are least likely to injure the general welfare of residents. TABLE OF CONTENTS SUMMARY AND RECOMMENDATIONS INTRODUCTION 1 STUDY METHODS 2 CRIME I NCI DENCE 8 MAJOR CRIMES 9 SEX-RELATED CRIME 15 CRIME IMPACT BY AREA TYPE 22 REAL ESTATE IMPACT 27 PROFESSIONAL APPRAISAL OF IMPACTS 32 20% NATIONAL SURVEY 33 100% MSA SURVEY 39 APPENDICIES I . AREA MAPS I -I II . SURVEY OF APPRAISERS II -I • III . LAND USE CONTROL OF III -I ADULT ENTERTAINMENT • INTRODUCTION As is the case in most large cities , Indianapolis has experienced a rapid growth in the number and variety of adult entertainment businesses over the past ten years . As of June, 1983 there were sixty-eight such businesses located singly and in clusters through- out Marion County. For the purpose of this study, the term "adult entertainment busi - ness" is a general term utilized to collectively designate busi - nesses which primarily feature sexually stimulating material and/ or performances. These non-exclusively include adult bookstores , adult cabarets , adult drive-in theaters, adult mini motion picture theaters and arcades , adult entertainment arcades and adult ser- vice establishments. These enterprises have posed a particular problem due, in part, to the moral implications attendant upon such businesses in the minds of many members of the community. While this is, perhaps , the view of the majority, case law on the subject has clearly established that the exclusion of such businesses from a community is an in- fringement of First Amendment rights. The proliferation of such businesses providing various forms of adult entertainment in Mar- ion County has exacerbated this dilemma and given rise to addition- al charges of negative impacts on neighborhoods in proximity to their location. • Through the use of their zoning power, cities have within the past half century directed the physical growth of communities in order to assure a harmonious blend of land uses which foster the general welfare of the population. This power has been applied more recent- ly to adult entertainment businesses in many communities and has served as a prime means of controlling possible negative impacts on neighborhoods. This study was undertaken to examine these alleged negative impacts with the purpose of empirically establishing, to the extent poss- ible, their existence or non-existence as well as their real di - mensions in Indianapolis. The possible relationships between these impacts and the land use characteristics of the sites in which they are offered were also examined to ascertain whether certain land use classifications were better suited than others for the loca- tion of adult entertainment businesses. • • METHODOLOGY • STUDY METHODS As described below, the study methodology employs the comparison of different land areas in Indianapolis. The two basic areas of comparison are Study Areas and Control Areas. They are distin- guished by the existence of adult entertainment establishments within their boundaries ( the Study Areas ) or the absence there- of ( the Control Areas ) . These two designations are further differentiated as to the gen- eral purpose .or emphasis of the land uses they .contain. Those that generally serve the immediately surrounding residential uses are termed "Nei9hb°oader-R while areatareedesignat tedain uses "Commun- ity-Related".meant to serve a geographic STUDY SITE LOCATIONS At the time of the study's inception , there were at least forty- three possible, distinct sites in Indianapolis where adult enter- tainment was offered either singly or in clusters of establish- ments. For manageability purposes , it was decided to select six of these sites that were representative. In choosing these subject lo- cations (as well as the Control Areas of the study) ,the determinant characteristics were their zoning mix, population size and the relative age of housing stock. In each case, adult entertainment was offered during the time span of the study. The selection process was additionally based on the number of es- tablishments located in a given neighborhood, whether it was resi - dential in nature and therefore neighborhood-related, or contained a significant portion of its land use in regional , commercial uses which made it community-related. The designation "Neighborhood-Related" was applied where a prepon- derance ( 75% or more ) of the area within 1000 feet of the site was zoned D1 through 012 ( residential dwelling district classifi - cations ) and the commercial areas were neighborhood-related - prin- cipally C3 ( a neighborhood commercial classification ) . Special Use designations were judged to be neighborhood-relatr ed or not on an individual basis. SU1 (church) & SU2 (school) , e judged to be generally neighborhood-related. "Community-Related" areas were described as areas where a signifi - • cant proportion (30 or more) of the zoning within the 1000-foot radius was C4 ( Community-Regional Commercial ) or more intense and the Special Uses within the boundaries weWeroad of community-wide ena- ture. .SU6 (hospital) and SU21 (cemetery) judged, therefore, to be related to the community generally. 1 Within these two broad classifications , six locations were chosen. Two of them were situated in residential settings', two in re- gional-commercial settings and two in areas that fell in between, i . e. , areas that had a high percentage of residential zoning but also contained a certain proportion of regionally ;oriented com- mercial zoning. These six locations became the Study Areas of this investigation. (cf. Appendix I) AREA ZONING CHARACTERISTICS STUDY AREAS j SITE CHARACTERISTICS', • Residential Commercial Special Parks Residential 1.5 31 East 38th St. D4=82% C1=7$ I SU1r3$ I - C3=8% 2.3155 East 10th St. D5=75% C3=24% SU9-1$ Coml ./Residential 3.3555 West 16th St. D5=78$ I C4=22$ 4.2101 W. Washington 05=60% C3=3% SU2=17% PK1-2$ C4=18% Commercial 5.6116 E. Washington D5=65% C4=30% - ' D8=5% 6.4441-63 N. Keystone D5=15% C2=5% I1l1112% PK2=5$ C3=10% 121J=13% • C5=40% 1 Of the two sites chosen in residential areas, one contained an adult bookstore (Apollo Adult Books , 5431 East 38thjSt.) 'and a massage pa rlor(Eve's Garden of Relaxation, 5429 East 38th St.) The other residential location contained an adult movie house (Rivoli Theater, 3155 East 10th St.) and a topless bar (Ten-De Club, 3201 East 10th St.) One of the commercial/residential areas had a topless bar within its boundaries (Blue Moon Saloon, 2101 West Washington) , while the other harbored the White Front Bar which featured topless dancing (3535 West 16th St.) The two commercial areas chosen were in the sixty-one hundred block of East Washington St. and the forty-four hundred block of North Keystone. The first site contained two adult book- stores (Modern Art Bookstore at 6118 and Adult Arcade at 6122) and a massage .parlor (Spanish Moon at 6116.) The North Keystone location contained four massage parlors (Other World, 4441 , Diamond's Angels, 4445, Pleasure Palace, 4461, and Town and Country, 4463) , two adult bookstores (Video World, 4447 and Adult Bookstore, 4475) as well as a topless lounge (Devil 's • 2 1 Hideaway, 4451) . Six areas were also selected to serve as control sites for the • study. These sites were chosen on the basis of their proximate location to the Study Areas (or their location on major thor- oughfares in -areas physically similar in location and types of development) , size of population and zoning characteristics. None contained adult entertainment businesses. Selection was also made so that two of the sites were in predominantly resi - dential areas , two in commercial areas and two in areas that contained a significant mix of residential and regional com- mercial zoning. These six sites became the Control Areas of the study, (cf. Appendix I .) AREA ZONING CHARACTERISTICS CONTROL AREAS SITE CHARACTERISTICS Residential Commercial Special Parks Residential 1.2300 West 10th St. D5=82% C1=4% - - C3=14% 2.2500 East 10th St. D5=80% C2=12% - - C3=8% Coml ./Residential 3.5420 E. Washington D5=62% C3=1% - D6=8% C4=19% D8=10% 4.2600 W. Washington D5=35% C1-2% SU1=3% - D4=34% C2=1% SU2=3% C5=13% C7=8% Commercial 5.5200 N. Keystone D2=7% C1=4% 11U=1O% - D4=2% C3=9% D5=15% C5=25% D7=6% C7=20% CS=2% 6.750 N. Shadeland 02=3% C4-49% SU1=15% - D3-15% C5-10% 07-3% CS-5% • • AREA ZONING CHARACTERISTICS NEIGHBORHOOD-RELATED COMMUNITY-RELATED Residential Study Area 1 . 100% - 2. 99% 1% Control Area 1. 100% - 2. 100% Coml ./Residential• Study Area • 3. 78% 22% 4. 82% 18% Control Area 3. 81% 19% 4. 78% 22% Commercial Study Area 5. 70% 30% 6. 35% 65% Control Area I 5. 43% 57% 6. 36% 64% STUDY SITE COMPARISONS Throughout the following analyses, a series of comparisons are made at several different levels of geography: i .e. , County/ Police District; Census Tract/Census Tract Cluster; and Control/ Study Area. Large Area 1 1 • When dealing with crime statistics, the Indianpolis! Police Department District is used as the largest universe; of com- parison. In the case of real estate information, Marion County is used as the largest geographic area of comparison. Center Township is also used as a basis of comparison in the analysis of adult entertainment impacts on property values Mid-Size Area Intermediate geographic levels used for comparison i in the study were census tracts when study sites were centrally located within their boundaries . Where they were not, those census tracts in proximity to the site were chosenlas the basis of comparison. 4 CENSUS TRACTS/TRACT CLUSTERS Study/Control Areas 1 2 3 4 5 6 • Control Areas 3412 3527 3611 3414 3216 3606 2416 3547 3612 3426 - 3217 3607 3548 3608 Study Areas 3310 3526 3411 3414 3607 3216 3601 3548 3426 3224 3549 3538 3225 3226 Sub-Area The Control Areas and the Study Areas, as described above, formed the smallest geographic group of the study. These target areas were constituted using the criteria listed in the previous section of this report and data derived for them by aggregating block-level or addressed data within a 1000-foot radius of the area centroid. • • • 1 1 I I - .�« ,J �. rsr r.. �i.. /S o wr + w. I II IMPII - r 3:. : 1 -- r I Taff am. I - I ,1 I r I r 1 row ,rF :1 anal Jr ^- - u..1 w — an ma mastNNW"" W4. + 1 ' on I - .r .me 14111111111111111%7 • — —. MN al .rw�1 1 I I t ref I w 4 w / �. rrM ( ram. Na f + 1 "" w I1 • 1 1 NM .. rw rr 64 1;TC1111 rl. rra w� rrr • I Y>•. 1 an 1,4 iNsig INY 'r.r Urr .Y. tg -- —�,� 1P me.112111a:p...irl"HIMI44 II" lil I I w � NM 1 / I PI:. I OM I 1 WO I NB MI PAI:POPO P I MI r--"�1 'w 1. Tat1 I MS _ I w rw. I M. Wu. swam 1 •1 — I 1 I IMP Y.+I I t._ . .. rr - • - 1 � t 671111 - I r+ I 1 YM ra r. e 1 I _7 Me IUMI I .1. . w - I I • 1980 CENSUS TRACTS ADULT ENTERTAINMENT BUSINESS STUDY • Study Area 1 0 Control Area i 1 CRIME INCIDENCE • CRIME INCIDENCE The Data Processing Unit of the Indianapolis Police. Department performed two computer runs of their "Incidence Files" 1 in August of 1983 at the request of the City Division of Planning. The re- sultant printouts detailed all reported incidents to which po- lice had been dispatched in the Cc-itrol Areas and the Study Areas during the years 1978, 1179, 1980, 1981 and 1982. Data were assem- bled from these printouts on a year-by-year, area-by-area basis. They were then grouped by Major Crimes2 and Sex-Related Crimes.3 Summary data for the Indianapolis Police District were also assem- bled for major crimes during the years 1978 through 1982. Unfor- tunately, sex-related crimes had not been discreetly assembled for the Police District and study constraints would not allow their tabulation manually. The purpose of these tabulations was to identify any possible abnormalities that might have occurred in expected frequency and nature of crime between the Indianapolis Police District, the Control Areas which were chosen for their similarity to the Study Areas and the Study Areas themselves in which adult enter- tainment establishments were in operation. As was demonstrated in the previous section, the Study Area loca- tions were chosen as .being representative of existing adult en- tertainment sites in zoning mix, size of population, age of hous- ing stock and types of adult entertainment services offered in the area. Excepting the latter, these same criteria were used in the choice of Control sites. Because they were representative, it is possible to compare Control and Study Areas as well as in- fer findings to other adult entertainment locations in the com- munity. Based on the summaries of crimes , crime rates were computed fr each area using 1980 Census data as the population constant. , The crime rate statistics portrayed the frequency of crime in each area for each 10,000 of population and allowed direct com- parison of crime impacts between the three areas. The same tech- nique was used to compare the magnitude of sex-related crime in the Control Areas and the Study Areas. • • MAJOR CRIMES The crimes of Criminal Homicide, Rape, Robbery, Aggravated Assault, Residence and Non-Residence Burglary, Larceny and Vehicle Theft are reported on a monthy basis by the Indian- apolis Police Department as Major Crimes. During the period of this study ( 1978 - 1982 ) , there were 175,796 major crimes reported in the IPD District with an annual high of 37,220 occuring in 1980. The crime rate for this year-was 792.42 in the police district. This represented an increase of 2,115 major crimes over the previous year total and an increase of 6% in the crime rate. The lowest annual total in the study period ( 33,898 ) was reported in 1981 which represented a drop of 10% in the crime rate from the previous year. Indianapolis Police District Major Crimes/Rates 1978-1982 Population-469.700 1978 1079 1080 1081 1062 Murder 76/1.82 02/1.06 107/2Z8 68/1.311 60/1.47 Rape 341/7.26 430/9.36 410/8.73 400/8.52 387/8.24 • Robbery 1063/41.70 2053/43.71 2193/46.60 2104/46.71 1993/42.43 Aggravated Assault 1363/28..81 1694/33.04 1743/37.11 1880/40.03 1892/40.26 Residence Burglary 6346/135.11 6638/139.20 7408/160.67 7677/163.48 7783/168.70 Non-Resldence Burglary 2392/60.93 2011/42.82 2570/64.91 2308/411.14 2213/47.12' Larceny 18892/397.96 18927/402.06 18906/402.61 16782/357.20 17407/372.61 Vehicle Thefts 3674/78.22 3461/73.47 3787/80.63 2602/88.18 2902/61.79 Total 34837/741.69 36105/747.30 37220/702.42 33898/721.70 34736/730.64 Total Crime 176.796 Per 10.000 Population • • Over the same period of time, the Control Area for this study had 5,170 major crimes committed within its boundaries - the highest number occurring in 1980 when 1 ,099 crimes were re- ported. The crime rate for this year was 942.05 in this area. This is compared to the lowest total of 912 and a crime rate of 781.76 for 1978. This represented an absolute difference of 187 total major crimes and a difference of 21% in the crime rate ( 160.29 ) . • Control Area Major Crimes/Rates*1978r1982 (Population-11.668) • 1978 1979 1980 1981 1982 Murder 1/0.86 4/3.43 3/2.57 6/4.29 2/1.71 Rape 8/6.88 12/10.29 16/12.86 6/6.86 13/11.14 Robbery 37/31.72 44/37.72 44/37.72 50/42.88 36/30.88 Aggravated Assault 19/10.29 35/30.00 29/24.88 30/25.72 37/31.72 Residence Burglary 161/129.42 229/196.30 282/224.58 272/233.16 196/169.72 Non-Residence Burglary 71/60.86 60/42.86 62/53.15 69/60.67 79/67.72 Larceny 484/414.88 544/486.31 574/492.03 588/504.03 579/436.31 Vehicle Theft 141/120.68 112/96.01 110/94.29 83/71.15 90/77.15 Total 912/781.76 1.030/882.91 1,099/942.05 1.095/938.63 1,034/886.34 Total 5.170 *Per 10.000 Population Average: 688.34 During the period 1978 - 1982, 4,657 major crimes were committed in the Study Area. As in the IPD District and the Control Area, the greatest volume of major crimes ( 1 ,103 ) occurred in 1980 which had a crime rate of 1 ,291.42. The fewest number of crimes in the study's time frame was 867 in 1978 which represented a differential in the total number of major crimes reported and .the rate of crime •of -236 and -276.32 respectively from 1980 q Study Area Major Crimes/Rates*1978-1982 (Population-8.541). . 1978 1979 1980 1981 1982 bender 3/3.51 0/- 2/2.34 5/5.85 0/- • Raps 3/3.51 12/14.06 11/12.88 9/10.54 8/0.37 Robbery 55/64.40 63/82.05 58/67.91 26/30.44 44/51.52 Aggravated . Assault 25/2927 18/21.06 22/25.76 16/18.73 29/33.96 Residence Burglary 161/188.50 200/234.17 244/285.88 190/222.48 189/221.29 Non-Residence Burglary 82/98.01 58/67.91 80/93.67 85/76.10 64/74.93 Larceny 462/540.92 450/526.87 586/688.10 560/655.66 464/543.26 Vehicle Theft 76/88.98 90/105.37 100/117.08 60/7025 77/90.15 Total 867/1015.10 881/1031.60 1103/1291.42 931/1090.04 !875/1024.47 Total 4.657 'Per 10.000 Population Average: 1090.51 The frequency of crimes in the IPD District, the Control Areas and the Study Areas showed approximately the same pattern. In each of the areas , the number of major crimes increased from 1978 to 1980 when they peaked. Subsequent years showed frequency levels below the 1980 high. The average crime rate figure for the Indianapolis Police Depart- ment District was 748.55. The Control Area had a rate that was 137.79 higher than the overall police district, whereas, the Study Area was 204. 17 points higher than the Control Area. In other words , people living in the Control Area of the study were ex- posed to a major crime rate in their neighborhoods that was 18% higher than that of the IPD population generally. Residents of the Study Area, however, were exposed to a major crime rate that was 23% higher than that of the Control Area and 46% higher than the population of the IPD District as a whole. • 10 • Major Crime Rate* 1978-1982 • • IPO District Control Area—— Study Area ———- 1500 1291.4 1300 ♦^N\ / • / N. ♦ / % / % ♦ % / 1100 ♦ N�1pS0.0 1015•t ---. �031.5 '-• 1024.5 r — 942.1 93e,e 1+—— — r—. 900 �=._ .886.3 T tl�j 42.4 741.7 747•4 721.7 739.5 700 500 -- - 1982 1978 1979 1980 1981 *The numerical Instance of Criminal Homicide. Rape. Robbery. Aggravated Assault. Residence Burglary. Non-Residence Burglary. Larceny and Vehicle Theft- Per 10.000 Population. • • 11 • It is interesting to examine crime rates within the Control and Study Areas in relation to the land use characterilistics of the locations in which they occurred. Crime rates provide a better understanding of actual impact on the resident of the area than crime frequencies in that they establish a ratio of crime to each 10,000 of popula- tion. In this way, they tell us just how .vulnerable a neigh- borhood is historically to crime within its boundaries. 1978-1982 ANNUAL AVERAGE MAJOR CRIME RATE • BY LAND USE• AREA Commercial Coml ./Res. Residential Pop./Crime/Ann.Rt Pop./Crime/Ann.Rt. Pop./Crime/Ann.Rt. Control 379 240 1267 2. 523 1147 4386 902 1387 3075 3• 2828 837 592 . 4. 2382 705 592 5210 575 +2 592 6. 2159 ti 173 1087 3395 1'067 629 Study 5 2240 807 1. 219 439 4009 2. 1218 831 1365 1437 1270 1768 3. 1015 834 1643 4. 1203 653 1086 22l 1 7 1341 5. 3656 1232 674 • 1230 1668 1086 +4886 1,900 778 Accordingly, we find that this impact is 74* higher in dis- trict commercial areas of the Control Area than similar dis- trict commercial areas of the Study Area. However, whi;.le the. rate is approximately the same in the residential areas of both, the Study Area exhibits a crime rate that is 1271% high- er than the Control Area in locations that are mixed district- commercial and residential in nature. I i 12 • 1978-1982 Annual Average Major Crime Rates*: Selected Areas 5000 . • 4750 • 4.500 • 4000 3750 3500 3200 3075 . :;X.M :h•:: 3 000 '}:f'}.•ff:4•0' '•T v:.•t:}} . 2 7 50 } •:X:•:/1 • 2500 f/ 2250 •• r: f 2000 ::f,:, f:f 1768 1750 �f:f. :Y•f: f� 1500 .} : }r:•: :•:. r ;; } :j::frr' 13L1 r• :�f. f{r: ! i:• .. / : ..: f 1250 ,,�,��� 1091 f��j. ;��i{� 1000 , { • •,Yr• / :.:•f?�,if 8 85 ': :;i1*r��f�,, :f4 8 0 7 'F,/ ,9':;. 778 ...."if: 'WM,. ::::V/I,X. 1.2"..O.P. 1*($_..*::jr.A :-.:iiii&iiiiiiii A :#1„•$::: Total Area Coml. Coml./ Ras. Total Area Coml. CRasoml.� Rs®. Ass. • Control Area • Study Area • *Par 10.000 Population 13 'SEX-RELATED CRIME 5 - Crimes of Rape, Indecent Exposure, Obscene Conduct,• Chi id Mo- lestation, Adult Molestation and Commercial Sex were segre- gated and then aggregated from police printouts of total crime incidence occurring within the Study Area and the Control Area for the period 1978 - 1982. A total of. 153 sex-related crimes was reported in the Control area during this period, with a high of 39 having occurred in 1979. During the same period, the Study Area experienced 198 sex-related crimes, 'reaching a high of 52 in 1981. Control Area Sex-Related Crimes/Rates*1978-1982 (roouration-11.5510 1.75 1975 10.0 1951 1542 Reps • 13 10 4 12 Yf0sOM1 E ..,,v. 7 10 • 13 4 Obscene Conduct 0 2 0 0 1 god Molestation 5 10 4 s 12 Adult Molestation 2 3 0 1 3 Commercial Sae 0 1 1 0 0 Total; 23/111.7 35/33.4 20/24.0 30/25.7 32127.4 Tote! 153 •hr 10.000 Population Study Area Six-Related Crimes/Rates*1978-1982 (hpulatlon-0.341) 1.78 10711 1000 1001 1.521 Raoo 2 , 12 11 10 • ' Indecent 1 Exposes 10 14 12 s 7 Obscene I . Conant 0 0 0 1 0 ! Child Md•etetl. S 0 • 11 a Adult Yol etallen 1 • 0 0 0 3 ! • ComrtetetN Sea 1 a 111 25 13 I Toot! 1 122.3 43/60A 44/51.i 52/59.5 4 /41A Total 1S• •rar 10.000 Potadatlen 14 ` Sex-Related Crime Rate* 1978-1982 Control Area—— Study Aria ---- 66 so.o 60 �• • • 66 • 6,j/� •\ • 60.4 - _ •• 50 1 46.8 46 40 35 // 33.4 30 // \ 27.4 \ . 24.9 26. --- . 25 / ? 20 r 19.7 15 10 5 0 . - 1070 1979 1980 1981 1982 •The numerical instance of Rape. indecent Exposure. Obscene Conduct. Child Molestation. Adult Molestation and Commercial Sex- Per 10.000 Population. • 15 Whereas sex-related crime rates in the Control Areas varied from a low of 19.7 in 1978 to a high of 33.4 in 1979, the Study Areas increased from a low of 22.3 in 1978 to its peak of 60.9 in 1981 . The average sex-related crime rate in the Control Area was 26.2 over the five year period. The rate in the Study Area was approximately 77% higher than this average during the same period of time at 46.4. i i Comparing the crime rate for sex-related crimes by land use categories in the Control and Study Areas, a different pat- tern than that for major crime rates emerges. t978-1982 ANNUAL AVERAGE SEX-RELATED CRIME RATE • BY LAND USE 1 Area Commercial Coml ./Res. Residential Pop./Crimes/Ann. Rt. Pop./Crimes[Ann. Rt.Pop./Crimes/Ann. Rt. Control 1. 379 2 11 2. 523 7 �7 902 9 20 3. 2828 35 25 4. 2382 29 24 5210 Vi 25 5. 2159 49 45 6. 3395 , 29 17 5554 7 28 ' • Study 1. 219 5 46 2. 1218 23 38 437 28 39 3. 1015 38 75 4. 1203 32 53 1-2-770 63 • 5. 3656 69 38 6. 1230 31 50 ;Bs 100 41 • • 16 • ADULT ENTERTAINMENT BUSINESSES IN INDIANAPOLIS AN ANALYSIS • • Department of Metropolitan Development Division of Planning February, 1984 1978-1982 Annual Average Sex-Related Crime Rates*: Selected Areas Boa 96 90 as so 75 70 66 63 60 55 so :ti'''�▪ '::`§K: 46 45 41 39 40 3 s :::K: 3028 • •• 26 2g 0 •2 •7v'rti:::.: 15 •tiff � •••4 •;{•}•ti{•};25 k *:; ::•:•� Total Area Coml. Coml/ Res. , Total Area Coml. Came/ Ras. rams!, i Control Aria Study Area 10 • • • •Per 10.000 Population f7 Whereas major crime rates were similar in .residential areas of the Control and Study Areas, the Control Area rate was substan- tially higher in district commercial areas and lower in mixed district commercial/residential areas . In contrast to this , the sex-related crime rate was uniformly higher in all land use cate- gories of the Study Area, ranging from +46% in residential areas to +152% in district commercial/residential areas. SUMMARY OF FINDINGS ' Both the Control and the Study Area experienced apsig- nificantly higher incidence of major crimes/10,000 population than the IPD District as a whole. Much of this increase would be expected given their location in generally older, less affluent and more populous areas of the city: It is more difficult to explain the distinctly higher crime rate experienced in the Study Areas as compared to the Con- trol Area - 1 ,090.51 versus 886.34. This dicotomy is even more apparent in the instance of sex- related crime rates in the two areas. The average :sex-related crime rate in the Control Areas was 26.2. The Study Areas had an average rate of 46.4. If, the same ratio between the Control and Study Areas estab- lished for major crime during this period were applied, we would expect a crime rate that was 23% higher - or, 32.3 - in the Study Areas. The actual rate of 46.4 is of the Control Area. and underscores a distinct 7depa% grturert from the expected. Not only is the rate substantially higher in the Study Area, but it is twice the rate that would have been expected from the distribution of crimes generally in,Indiana- polis. The anomalies demonstrated in the c Area with thegeneral comparison of the Study population and the Control Area will not, in themselves, establish a causal relationship between Adult Entertainment Businesses and the crime rates in the immediate area surrounding them. The fact does remain, however, that in each subsection of the Study Areas where adult entertainment is offered a substantially higher sex-related crime presence ob- tains over the corresponding subsections of the Control Area. in which no adult entertainment is offered. The same is true regarding the rate of major crimes. • • 18 • In areas chosen for their similarities otherwise. an obvious difference lies in the presence of one or more adult enter- tainment establishments. • • 19 • FOOTNOTES 1. The Incidence File is .a computerized listing of all reports made by police after initial investigation of an incident to which they were dispatched. It , therefore, provides a more reliable indication of crime incidence than the' com- puterized "Police Run" file which logs police dispatiches based on preliminary information on the incidents. 2. Criminal Homicide, Rape, Robbery, Aggravated Assault, Resi - dence Burglary, Non-Residence Burglary, Larceny and Vehicle Theft. 3. Rape, Indecent Expose re, Obscene Conduct, Child Molestation, Adult Molestation and Commercial Sex. 1 4. Since population estimates were not available for each year of the survey, the 1980 Census figures were used because they were the result of an actual enumeration and, falliing at the mid-point of the survey, they would tend to balance out popu- lation trends during the five year time span. 5. Sex-related crimes are not isolated and compiled on a routine basis for the IPD District as a whole. A manual compilation of these data was proscribed by the time limitations of the study. • . I ' 20 . . I CRIME IMPACT BY AREA TYPE IMPACT BY AREA TYPE • As it will be noted, sample size poses a distinct problem when attempting analysis at the small area level . This is particu- larly true in the instance of mortgage information. Due to this inadequacy, it is impossible to compare the impact of adult entertainment businesses on residential property value below a certain level of geography. This is not the case, however, with crime statistics. In this case it is possible to compare sub-areas of the target areas since the comparisons are based on the actual instance of crime in the area ( unlike mortgage data where average value is the basis of comparison.) The sub-area comparisons were based on the nature of the areas in relation to their land use composition as determined by the Comprehensive General Land Use Plan of Marion County. Four sub- areas were of a distinct regional commercial nature, four were residential in nature and four were of a mixed residential- commercial makeup. The three groupings were compared with each other to determine if crime, from a historical viewpoint, occurred more frequent- ly in areas of one land use configuration than another. Whether or not crime frequencies, at least in part, are deter- mined by the land use characteristics in which they were com- mitted cannot be definitively answered here. Several striking patterns do emerge from the comparison, however. CRIME FREQUENCIES BY AREA TYPE Of the 9,829 major crimes committed in the Control and Study Areas during 1978 - 1982, 27% were perpetrated in regional com- mercial areas, 31% in mixed commercial-residential areas and 42% in predominantly residential areas. In other words, crime frequencies were 56% higher in residential areas than commer- cial areas while mixed commercial-residential areas were 37% higher than commercial areas. The following table displays major crime frequencies for the five year period by• type of area, the existence or non-exis- tance of adult entertainment and specific location. MAJOR CRIME FREQUENCY • 1978 1979 1980 1981 1982 Tot. % District Commercial Study Area No. Keystone 83 71 112 87 86 439 E. Washington 150 152 202 186 141 ' 831 233 223 314 293 227 1270 Control Area No. Shadeland 38 41. 34 : 43 84 '240 No. Keystone 212 217 210 259 249 1 1147. �50 - —277 302 333 13877 Mixed Res./Coml . j 2657 27% Study Area W. Washington 123 184 190 185 152 ] 834 West 16th St. 177 • 128 ' 140 104 104 1 653 00 '2 330 289 256 ' 14877 Control Area • W. Washington 110 182 211 184 1501 837 E. Washington 160 151 130 139 125 705 270 333 -341 323 275 1542 Residential 3029 31% Study Area East loth St. 219 235 294 242 242 ; 1232 East 38th St. 115 111 165 127 1501 668 WS 9 .369 392 1 1900 Control Area East 10th St. 211 239 269 210 243 1173 West loth St. 181 200 244 260 182 ; 1067 T8 3699 392 2240 1 4140 42% The pattern was similar in comparison of the frequency of sex- related crime within the three areas during the same period of time. It was more pronounced, however. Fifty-one percent 'of the total occurred in residential environments, while thirty ieight percent occurred in mixed commercial-residential areas. In com- parison , only eleven percent of the total occurred in dis- trict commercial areas. The following table displays sex-related crime frequencies for the five year period by type of area, the existence or non-exis- tence of adult entertainment and the individual locations inclu- ded in the study. • 1 1 • 1 • 22 SEX-RELATED CRIME FREQUENCY 1978 1979 1980 1981 1982 Tot. District Commercial Study Area No. Keystonc . - 2 2 - - 1 5 E. Washington 4 4 . '. 8 7 23 Control Area No. Shade land - - - - 2 2 '.o. Keystone 1 3 1 1 1 7 1 3 1 1 . 3 9 Mixed Res/Coml. 37 11% Study Area W. Washington 5 10 12 8 3 38 West 16 St. 1 4 8 9 10 32 14 20 17• 13 70 Control Area W. Washington 3 8 11 8 5 35 • E. Washington 4 10 3 8 _ 4 29 7 18 14 16 9 64 Residential 134 38% Study Area East 10th St. 12 18 14 17 8 69 East 38th St. 1 5 4 10 11 31 13 23 18 27 19 100 Control Area East 10th St. 11 13 7 7 11 49 West 10th St. 4 5 6 5 9 29 15 18 13 12 20 78 178 5i% These trends are not easily explained on the basis that "where there are more people there will be more crime." Community-rela- ted commercial areas draw clientele from a broad geographic area • and can be expected to attract many times the residential popu- lation of the immediately surrounding area. This is the Purpose of the district commercial zoning designation. Further, the trans- ient nature of this population could be considered to contribute to the incidence of certain crimes. 23 Major Crimes / 1978-1982, Selected Areas Commercial 2657 Study 1270 Control 1387 • Residence/. . : 3029 Commercial Study 1487 Control , 1542 • Residential 4140 Study 1900 Contr ol 2240 • II low 2000 3000 ,4000 5000 • 24 Sex-Related Crimes / 1978-1982, Selected Areas Commercial - 37 Study _ 28 Control . >i Residential/ Commercial 134 Study 70 Control 84 Residential 178 Study 100 Control 78 I I I I I I 0 60 100 160 200 260 300 25 • SUMMARY OF FINDINGS There appears to be a strong correlation between crime frequency and the residential character of neighborhoods, i .e. , the; more residential the nature of the neighborhood, the greater is the instance of crime in that neighborhood. Crime frequencies were, in fact, fifty-six percent higher in residential areas than dis- trict commercial areas. The above correlation is even more acute when consideringl sex- related crimes. Sex-related crimes occurred four times more fre- quently in substantially residential milieus having one or more adult entertainment businesses than in commercial environments having one or more such businesses. • • • • I � � 26 REAL ESTATE IMPACT REAL ESTATE IMPACTS This study also undertook the quantification of possible effects of the proximity of adult entertainment businesses on the value of residential properties within a one thousand foot radius of their locations. In examining the potential impacts, three sources of residential property values were investigated: i .e., Indianapolis Residential Multiple Listing Summaries (MLS) of the Metropolitan Indianapolis Board of Realtors, the 1980 Census (tract and block occupied, single-unit housing valuation data) ; and, annual lending institu- tion statements under the Federal Home Mortgage Disclosure Act (MDA) . Summary data from the MLS were available over the period 1979 - 1982, while actual mortgage values reported by lending institutions were available for the period 1977 - 1982. The U.S. Bureau of the Census provides homeowner estimates of home value at the time of the 1980 Census (April 1 , 1980),. • The data available from these three sources differ in other ways. The 1980 Census, while relying on homeowner estimates of the worth o.f property, is a 100 percent survey and is described down to the block level . Home Mortgage Disclosure Act data provide a record of actual mortgages processed and reported by local lenders (only a portion of the total volume) . The lowest geographic level at which this information is available is the Census Tract and, even at this level , at times poses a difficulty with the available sample size. Multiple Listing Summaries generally reflect an esti- mate of worth based on current market conditions for the area and can be assembled at virtually any geographic level since they are listed by address. As in the case of the Mortgage Disclosure Act statements, however, there are at times problems with the suffi- ciency of the sample size at the small area level . Each of the data sets presents some weaknesses. Although the 1980 Census only reflects an estimate of housing value at one point in time, it has the advantage of being a 100 percent survey of occupied, single-unit housing. The other two sources offer time series data over periods of four and five years. They have the liability, how- ever,-of sometimes lacking a sufficient sample size at the small area level in any given year to allow an acceptable level of statis- tical confidence. Due to these characteristics of the data, certain modifications were made in the study's original intent. Rather than doing annual comparisons of housing value, 1979 was chosen as the comparison year and the 1980 Census data set chosen due to the ability to summarize it at the county, tract and block level . 27 The geographic levels of comparison were the County •as a whole, the Census Tract or Tract cluster in which the Study orjControl Areas were located and the areas within a 1000-foot radius of the Study and Control location centroi•ds. • A next step was to use the data available on real estate activity in the Multiple Listing Summaries to establish market performance between 1979 and 1982 in both the Control and'Study Areas: The results were compared to real estate activity in the residential market of Center Township which, in terms of value and general housing condition; most closely resembles the two areas among the nine Marion County townships. COMPARISON RESULTS AVERAGE MORTGAGE VALUES - 1979 Marion County1 $ 41 ,854 Control Areas Study Areas Tract/Tract Clusters1 $ 31 ,858 $ 28,003 [ Tract/Tract Clusters2 ] [ 27,872 ] [ 21 ,605 ] 1000-Foot Radius1 23,121 ; 24,616 ( 1000-Foot Radius3 ] [ 16,038 ] [ ; 23,823 ] 1 . Source: 1980 Census. 2. Source:' .Home Mortgage Disclosure Act Statements. 3. Source: Residential Multiple Listing Summaries. Comparison of the 1980 Census data would indicate that he value of housing in the areas addressed in this study are from 40 to 73 • percent below the Marion County average. While the average value of housing at the census tract level was somewhat higher in the census tracts in which the Control Areas were located than those in which the Study Areas were located ($31 ,858 vs. $28,003) , the opposite was true when comparing the target areas themselves. Housing values within 1000 feet of adult entertainment businesses in the Study Areas were greater (although by a lesser margin) than those in the Control Areas ($24,616 vs. $23,721). ' Whereas the sample size is sufficient in most years to provide acceptable confidence levels for mortgage averages, the sample is only marginally acceptable in 1981 and 1982 for the Control Area. • 28 This finding is borne out by an examination of actual mortgages executed within the affected census tracts of the Control and Study Areas, as well as real estate listings at the 1000-foot level . Using mortgage and real estate listing data we find that, while consistent with the Census data findings, the disparities were more acute. Average mortgages at the tract level were $27,872 vs. $21 ,605 in the Control and Study Area tract clusters respectively. At the 1000-foot level , real estate listing values in the Control Areas dropped to $16,038 while Study Area listings increased by approximately 10 percent over the average mortgage value in the tract clusters of the Study Area. It would appear that, while property values at the tract cluster level are appreciably higher surrounding the Control Areas, housing within the Study Areas themselves is, on the average, of distinctly higher value than housing stock in the Control Areas. TIME SERIES ANALYSIS RESULTS During the period 1979 through 1982, mortgages processed in the Control Areas of the study showed an average annual appreciation rate of +24.7 percent. During the same time frame, mortgages appreciated at an average annual rate of only +8.7 percent in the Study Area. In comparison, residential mortgages in Center Town- ship appreciated at a +16.7 percent average annual rate for the . period. AVERAGE MORTGAGE VALUES 1979 - 1982 1979-1982 • 1979 1980 1981 1982 % Change Control Areal $16,038 $21 ,687 $22,650 $28,420 + 77% • Study Areal 23,823 25,432 30,964 30,090 + 26% Center Township2 16,100 17,178 18,903 25,099 + 56% l .Source: Indianapolis Multiple Listings for Residential Prop. 2.Source:Nome Mortgage Disclosure Act Statements. • 29 • MORTGAGE VALUES % Changc From Base Year , • 100— Center Township • 7- j tudy Area• — — — — C:..l trol Area 0 -25" 1 i -50" 1979 1980 1981 1982 • REAL ESTATE LISTINGS % Change From Base Year (1;•7;, 1001' Center 1Township 7- Study Area — — — - Con t ro 1 Area — — — ;0 • 25 • • -�5 • -50 . -75 i • • 1)79 19 0 1 :1 19:2 30 The average value of mortgages from 1979 to 1982 in Center Town- ship increased by 56 percent while Control Area values increased by 77 percent and the Study Area by 26 percent. RESIDENTIAL REAL ESTATE ACTIVITY 1979 - 1982 1979 1980 1981 1982 % Change Control Area Listings1 29 23 15 15 - 52% ' Study Area Listingsl 28 28 26 29 + 4% Center Township Mortgages2 898 635 377 182 - 80% 1 . Source: Indpls. Multiple Listings, Residential Properties. 2. Source: Home Mortgage Disclosure Act Statements. Both Center Township and the Control Area followed general market trends in the volume of real estate activity, falling by 80 per- cent and 52 percent, respectively, from 1979 to 1982. Once again, the Study Area performed in an atypical fashion, actually regis- tering a slight increase in volume (4 percent) over the same period. CONCLUSIONS While bearing in mind the above-mentioned difficulties in certain cases with the sample size at the sub-area level , the following observations may be made on analysis of the data. A comparison of residential real estate listings indicates that the areas chosen in this study which have adult entertainment establishments within their boundaries have, on the average, a residential housing base of substantially higher value than that located in the areas chosen as control sites. • Despite the higher value of housing stock in the Study Areas, property values appreciated at only one-half the rate of the Con- trol Area and at one-third the rate of Center Township as a whole. Another anomaly apparent in analysis of real estate activity within the three areas is that market forces within the Study Areas were present which caused real estate activity within its boundaries to run completely contrary to County, Township and Control Area trends. 31 Ili In summary, the available data indicate that twice the expected number of houses were placed on the market at substantially low- er prices than would be expected had the Study Area real estate market performed typically far the period of time in question , i • ' I II • � II I " 32 APPRAISER SURVEY PROFESSIONAL APPRAISAL OF IMPACTS • Because of the great number of variables that. have the potential • to cause a particular real estate market to perform Lrratically at a small area level , it was decided to solicit a "best available professional opinion" from real estate appraisers regarding the market effect of adult entertainment businesses on proximate land values. The Indianapolis Division of Planning approached the Indiana University School of Business' Division of Research for assis- tance in polling the real estate appraisal community on the sub- ject. The University proposed that the survey be national in scope and offered to design and pretest the survey instrument. Dr. Jeffrey Fisher of the University's School of Real Estate collaborated in drafting the instrument and conducted the ini- tial test at a workshop in early September. Analysis of this pretest indicated the need .for minor adjustments to the form. In its final format, the instrument (cf. Appendix II ) posited a hypothetical middle income, residential neighborhood in which an adult bookstore was about to locate. Respondents were asked to numerically rate the impact of this business on both residential and commercial property values within one block and three blocks of the store. They were also asked to rate a num- ber of potential other uses as to whether they would increase or decrease property values. Finally, survey participants were asked to express what they generally felt the effect of adult bookstores was on property values. The survey sample was drawn at two levels. Using the membership a of the American Institute of Real Estate Appraisers as the sur- vey universe, a twenty percent random sample of members was constructed for the entire nation. In addition, MAI (Member Appraisers Institute) members who practiced in 22 Metropolitan Statistical Areas1 (MSAs - as defined by the U. S. Bureau of the Census) of a size similar to Indianapolis were surveyed at the one hundred percent level . In January of 1984, 1527 questionnaries were mailed. As of February 22, 507 (33%) had been returned. These returns were split evenly between the 2Q% (249 returns) and 100% (258 returns) samples. In the national sample the rate of return by geographic region 2 was fairly consistent: East,41 - 27%; North Central , 56 - 28%; South, • 89 - 25%; and, West, 63 - 24%.Return rates from the 100% MSA survey varied from 14% from Newark, N. J. to 62% from Cleveland, OH. • 20% NATIONAL SURVEY RESULTS Survey respondents overwhelmingly (80%) felt that an adult book- store located in the hypothetical neighborhood described would have a negative impact on residential property values ofa premi - ses located within one block of the site. Of these, 21%1felt that the property value would decrease in excess of 20%, whille 59% foresaw a value decrease of from 1% to 20%. One-fifth of the respondents saw no resulting change in residential property val- ues. Seventy-two percent of the respondents also felt that there would be a detrimental effect'on commercial property values at the same one block radius. Only .10%, however, felt that the effect would exceed 20% of worth with the majority (62%) seeing a i%Ito 20% decrease in value. 28% of the survey predicted that theire would be no negative effect. While the great majority of appraisers felt that the effect of an adult bookstore on property within one block of the site would decrease property values, they felt that this impact fell off sharply as the distance from the site increased. At a distance of three blocks, only 36% of the respondents felt that there would be a negative impact on residential properties , whereas 64% felt that there would be no. impact at all . Better than three-fourths (77%) of the survey saw no impact on commer- cial property at this distance. In summary: - The great majority of appraisers who responded to ;this sur- vey felt that there is a negative impact on residential and commercial property values within one block of an !adult bookstore. 1 - This negative impact dissipates markedly as the distance from the site increases, so that at three blocks the esti- mate of negative impact decreases by more than one, half judged by the number of respondents indicating negative impact at three blocks. - The majority of respondents felt that the negative'limpact of an adult bookstore is slightly greater for residential properties than for commercial properties and decreases less dramatically with distance for residences. . 34 : TIO;;AL SURVEY OF APPRAISERS • Impact of Adult Bookstores On Property Values RESIDENTIAL PROPERTY AT ONE BLOCK 2 et1c. <O...T .. .0 .Cf 1.414 .ar,. .Sear 0681 .a. cm. .cv cIM.q ... 41144 100.. InOCT 1» a - _1 -1 ar.w1 as 1 r Ir --a. . .J lau.•.. aWa 44.8 48.1 .... 11.1 11.4 Si., ...• ...• ta.r /� aw •w ... s.a 8W a - — slo is ........ .• _ N . .. .ta...S•fa.aNa al.. .•.• at.. ..•. a...� . ....r . a.- — ...« _ ---- -- --- S.. ..a •.• ,.a oz.. a�c.ua. IRBN� 1.., i ,a,• .S�] Nay 1..i I . \ ._ ..• . ..• ..:a•:.. ^.. . 3 us Halt{ J_uA .1 1..8 a...- a..._J .20.. \ t a.. 1 �.a .w �l�t7s1_ — ...--_ .— --1.-- MUM .. .. .. a. ... . a1.► N.a Y.a ...1 ..N .N..\ e lv+ i1- 1- Neg. No 20 10 Chg. COMMERCIAL PROPERTY AT ONE BLOCK • 103-. 84- 1 la(.1a. CORM/ ■ N. Kf .•.tCCL Pc/ ww .0111r NSt O. ICI rc.. ..� .O • a a _�._ .. 60.. »• . , .. .aa . O[L.l..t r . .a.a .... ...a ...1 1.... 1.1 aw ..• Iwo4.2 80.8 4t.t 18.6 14.3 P • . .7.a .81.4. p•f 14.11. a 1_...22.1.—a1-.1... 72 1_ 41J. as& 24.. M[aa.N 1610166 1 20.0 8 14.4 1 35.8 a.•. •a•. g s . • _ .1. ..B...a ••O . ill•L. .aa•.r.1----— / • . 1a 1 .. 1 a. 11 VO / .. Pi /1 m. r0 c■aaai . 1 1644 .l 40.0. a_.47.1—a..l..L -JAW! 1 ISO 1 .0.• 1 1..4 1 ,.... 4.4 1 ... 1 . % 20+ 1 1- 1- Neg. No b• 1 ... ca.l�..1fr--:;- .w„a.-.--N 1.— :1''1_ ,.: ZO 14 l.hg. TOT... 1... .a.. 45.1 .... 1041.116 RATIONAL SURVEY OF APPRAISERS . Impact of Adult Bookstores On • . Property Values - RESIDENTIAL PROPERTY AT THREE BLOCKS ..141 TJ•II? L a«Kr IWf MOM. I••IITw •s•f U.S C . •C? 1 Car•sK nT•t 100.. fat .=.. IL - .. .- N••I.a•• -1---- I 1 Igo • - • IISLMass ,etas . . n.• .a•.. I 1.1 •.• ..a.• Vol 1.4 1 •.• •.• Sol •.• I •.• •.. 80- T --:---JZ-r---i- .� --- a a 1 • 1 •J a la «Cesa14I10114802 •.T 1 a•.• a Y.• 0., •.J ..-.. •A .1 'Joel 1 roe' --lot.. •.• 1 a.• 1 6.8 •A 60 \ _ . -----1--------,------ ...rm.. awN wa .• .a I •■ • 1 na. • •..• •a.. a•.. • 34 1 a• 4 N N ••T 40. •/ LwMi a.1 .4. Da1.. J a•. ..8•.7.J..17.7 Ia.1 1 14a• 4 1..• •.• .11 e I • 1 1 • • ITCOMIl 14,44e4 ••e a •.• 1 144A •A •.• 23- • \ \ •e•' 1 •e• 1 •e• •.•- � ea. • . •• s• •7- — a•e mesa A .•1• Oleo 1 1•e• I• 1••.• % 20+ 11- 1- Neg. No 20 10 Chg. . COMMERCIAL PROPERTY IAT -THREE 3LCCKS 100- I ..salt. 80- Iplwr Le. Kr Cawf••t ATat 1 a- ._ • . a , 60 .._. a a • • IS 1 aJ.1 1•j41L1... J4. �^r_1.7 G L.._�__. V NC.aa•l 1•f•I•■• �... 1 l•ea 47.0 ~lie' lo.• •.• 1 84.4 N.• 41.4 •• L•14I46I..1 1/4/....1 .aloe O'Dea -SLOB._L.7164. /' 1 N.• 1 floe O'Dea •a.'D • I 1a., 1 1h1 N.• Sad •I sr...sw I,,.--- -•r-,-,- ,., .. . + - - Nag.' .0 • 1 • 1 • 1 I r- IIC«aM 8414144 I Owe I I. M.• Mee •.• 20 10 i Chg. _.l ..•.• -a . •.e .••J -J. .1i. ....--, . 1 •A I •.a Co I •.• . .1-.._..1..._.... —I CAW./ __ •I... . as is_-- ea~ a« term. 1s.. 14.s a•.• • M.• 104.4 , • 36 • Respondents were also asked to evaluate the impact on residential property within one block of a number of alternate uses for the hypothetical site described in the survey.. Of the alternate uses proposed, a clear majority felt that a medi - cal office or a branch library would increase the value of sur- rounding residential property. A store-front church, welfare of- fice, tavern , record store, ice cream parlor or video-game parlor were generally felt to neither improve nor decrease residential property values significantly. On the other hand, a substantial majority felt that a pool hall , drug rehabilitation center or a disco would decrease property values - although not as overwhelm- ingly as an adult bookstore. • NATIONAL SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lower Much Some Same Some Much Store-front church 5% 20% 58% 16% 1% Pool hall 1% 8% 45% 38% 8% Welfare office - 12% 46% 33% 8% Neighborhood tavern 2% 18% 45% 32% 4% Record store 8% 274 61% 5% - Medical office 24% 38% 35% 2% - • Drug rehab Center - 7% 35% 42% 17% Ice cream parlor 15% 30% 53% 3% - Video-game parlor 1% 18.E 50% 27% 5% Disco - 11% 42% 35% 12% • Branch library 24% • 34% 38% 4% - • 37 . , The survey also asked the degree to which adult bookstores affect property values generally and the basis for this opinion. Twenty-nine percent of those expressing an opinion saw, little or no effect as the result of adult bookstores on surrounding property values. They based this opinion on their own professional exper- ience (13%) . the observation that this use .usually occurs in an • already-deteriorated neighborhood (24%) and the feeling that only one such adult entertainment use would. be inconsequential . 1 A substantial-to-moderate negative impact was projected by 50% of the respondents. Twenty-nine percent felt that this was be- cause it attracted "undesirables" to the.neighborhoodslin which they were located, while 14% felt that it creates a bad image of the area and 15% felt that the use offended pe rvailing commun- . ity attitudes so that home buyers/customers would be discouraged. 13% based their opinion on professional experience. A number of survey respondents (20%) saw the potential ! impact on a neighborhood as being contingent on certain variables. 28% of these felt that it would depend on the existing property val- ues in the. area as well as the subjective values of its resi- dents. 23% felt that development standards such as facade and signage would determine impact and 11% saw the nature of the ex- isting commercial area and its buffering capacity as being most important. . • 4008100 COUNT .0.OCT CAST IMMO 10IT.1 lift •o. COL OCT CaM14S 1 tofu TOT 04T I a 1 a I IMPACT ON VALUES '• '• •' 100 �' LATTU. .O I./CT a•.• a0.• a..a aa.• .a0.. aa.. 33.1 186.2 a.A 0.4 ... I 0.• .J a N a. I .a of 11.I IY16I44r6/01Y01 1a.1 a1.• 13T.1 aa.a 4461 80 - 1Pa ...• •1.. ..a 11.. '1... NM -.a. . I0_ _ •11 I• at« .t CNTL•1NT 8163 81.3 a..• aa.. Peel 83.4 IMP .T.. I1.0 ' 60 _ as 300 I •.a.mm _C.a . . a« ... •I• 11m.mm~ a• N 1at1t01►EON 1•.a a. :VI . a1.•. .1T.1 11.0 �>> Td 1 M.1 I • • H • J�/ 1a 1 863 1 31e6 .J 40 a CaLY011 M •1« —_Me aN Tofu 11.• as.. 13..1 sue tea.* • 1 20 . ./f/A A_ //,, % None/ Subst/ Cont. • little Mod. • •I . 38 I . • • • i qil. ,C rr ;es : if a • t : 1 III s 0I a r : t : s I I ,. i=iit rr •� s . • s• . •, 3 • n Lil.:i.ii1.►.It:I..1i:1. Ii:rli6i.ILLi.lLLI It:t_I:: .1. ' I o n o-L I I I 1 I I P r • 1 : :I .....1l .iii.4i:L-1 1.1.p 1,4-�t:i.I:Ei • o r i.!.11! I.1 . 1rll 1:.1 I.081' I _it .•,! i.t1! let8 `_.1i 11 1 a 73 i bi :irli :.;..r.I.a-i: :4I:::_ ia. :.:. :::. VI.. t I. C C Iiirr!ill!!!:1!!i:1111;14i.- 11- ` rLr Itwt ttt. 4111 t1.liti.•t f m o ti i f E. i I :. I t-I - nV fi:[ F• E w q i Ili' i i li !I i 1 i I ;; 1 1 rill : . •1 r •- I -F-�-=r�'�--�--r• --,- - --E--L....al. : to In ! I. I m WI w L Itii Iti'•itii_�tti1fiii.iitioI.14ilEii.�::::j. 1LO j 70 _� -1.-r- - r1-;-- E-i!f--r .L Ir jj i ii -�- , . L ltit_._i�_itir=ijtt;ltti. it.l;it.�:L1_1tsi-l.1�1 I r! 1.1,, I..=! I.ib .., IL.I• I, ii..1. I; s• is r'. .::. .:.. .... .s:.••:i.•Fi: i ::.t:i:.s•� � 104 I i 1• I �i•• 1 1" 1 t ' 1 f.ee i rI .l. I..IIiRlt.�-� i:i1 ..k-r 4. Lii-r ►LL.�tLL :fi. ii�•�Lit.ii I.�LiL. � i • • �L.r F. 6: i� i :ri:t t I M !. I• -rf _: I if I f= �f f i &t f � 1R . a_ e 1 i • • . I LTI;il i - iiiI;( Ir } �I ` Ij E i1. • ` IL. .I I C• C... I.:: II ::I lei q. l =L::1 .- 1... I1 414ALC[Iif.L:i11iTielfLL.11tLL,11lLai.�II14.''1....1.1.1 -ii. i`i..i.t.1: s it 1•_I b•_• II ! I i r�--I-f-I ■ I R ll ,..,.,. iit.'lii • L.::It:i:IiLL.11tLt.I.“. •s:.0:i►L.�.1'� • • . 1 ! 41 I d I tF_.L1.I ._i--tL-ff-_LI.L..i. L_L_ 1 Il:i II 1 5... (i:1 1..1! I 1 I..f i..1! i•:I 1..j 1 ►::•1.i:•3L:..i:. :is::7I.E:.Iii :::. i; a 6.1[:•ri:ti 5.. I :: Imo.:f I =- 1..c.Ii -211 N: -.Ir I . 11 , Lal`_trr= li_3i:r-;tii.I:i:.It=t.�i:`_i1:,r1 ;il t:i_1r 1 i • I :F I -I F. I ; •1 F. I P. 100% MSA SURVEY RESULTS The 100% survey of Metropolitan Statistical Areas similar in size to Indianapolis produced results that were consistent in virtually all respects with the results of the 20% national survey. As in the nationwide survey, respondents overwhelmingly; (78%) in- dicated that an adult bookstore would have a negative effect on residential property values in the neighborhood described if they were within one block of the premises. 19% felt that this depreci - ation would be in excess of 20%, whereas 59% foresaw a decrease in value of from 1% to 20%. Sixty-nine percent saw a similar decrease in commercial property values within one block of the adult bookstore. As in the national survey, far fewer (only 10%) felt that a devaluation of; over 20% would occur. The majority (59%) saw the depreciation as; being in . the 1% to 20% range. Once again , the negative impact observed within a one block radius of the adult bookstore fell off sharply when the distance was in- creased to three blocks - although, judged on the number of those indicating no impact, there would appear to be more of a residual effect on residential properties than on commercial properties. 39% of the appraisers felt that a negative impact on residential properties would still obtain at three blocks from the site. Only three percent felt that this impact would be in excess of twenty percent. The remaining 36% felt that depreciation woul4 be some- where in the one to twenty percent range. 61% saw no appreciable effect at all at three blocks. Commercial property was judged to be negatively impacted at three blocks by 23% of the survey. 76% saw no change in value as a re- sult of the bookstore. In summary: - Appraisers assigned a negative value to an adult bookstore located within one block of residential and commercial pro- perties at an approximate three-to-one ratio. - At a three block distance, this ratio tended to be reversed. - The number of those indicating a decrease in value at three blocks decreased at only one half the rate for residential property as for commercial property. • 40 _... _... .•,•I..•! ..!• .. . i - ;_: :_: :.:1 ,.. ... : „1 =1 I . 1 Y .: ! ' 1 ! 1 . .1 , 1. . I I� d CD � ' 11-2 1 .:.r •-.1 ..l. •' • 4 O la �Z=t•itli..lZ1 .i••SlI•S7<l.': ui t-- is:1"illif•iltilTill.'il:131 !c';? _1 • 1 , r I l i i o : ' I' '1•ij--Jl A...!.- • I • 2 o I !1 e • _! 1 1 ■! . 14 •! i 3! ct - il 1 ::.1 1331 ,.;-1"3i. .3.1 ; ! : !: !! I: !JI 4 . . .l•S2lS •! l3•a. 1 ! iris iris .+is ;tat rail l• �• '1 i••�I ::.1 :•in{ .J�.Il •4•I • 1 1� 1 P 111 O +�+I-T_•-_A-_•-i•__-i-•--E-•--T . lw.-.:_.._J..J_jr...iS-J-_...J-. 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I.:: •:_ I;:rib i i.• I.:• ! i♦� •-I'sr•1 i;�• ;�5� ILL•' i:t• s•r.. t Sit o ••ILL.„1... -Ii:3_I•...1...• ..L� . . :•:• •�:• r. • rr: :.�:•:• • N : O ..fiLtin i_i:tt.•1i:.1Lit:Itii.iLLL•1:r 6•li1i.:Eit.l11t.i:1iwt111•111:-i.SL O s :,•r_i 1--.-:.-._sr_-=3_r-.L--i-:- • • 1.. :.i--I--�-i---=� i!---_t. ! �� m • i i •• lib's• I.Sr I. 5.' 1.:f i;:• I t� VI • HO' .. •.!!'stir :•' # S •u ELrJJr .!rr .1 ''L.iisw ltl. r 1.:1Ev...:L:.it:..1:::`1::•.l•i:•!.i! O • I i I••• I•�• ,J1j jib r8•, •�• 'sib's ! i r irrr! :err lrf: !refs 'ff lfer 1 �� n •1LLLw�Ltt.iLtE•�LLLwLLL• LLL•�:r1 r.•.•..t••••1.•.•1•••• r•.r ••r-I. 1 O O 1 I !•--_1..--1.-Ir.l.--r •--1--_-1- a 1.••1 lIE ..• � t` i fl1t_!: •' 1111tk ' :�rriii �ILSL. L• i •. .. • _ .•• 's ...t • ' 1 I 1 • t i • 1• 1 i )1 irrr •t: 1;i: Fier .rib irrr I e: : !' ••I i.!. '1-=`• I :_I L.. 1l;.. i 1 •.lib•••IL.•_j•rr.fr••r :Li•1:::.i:!4 L.ILLL.ILLL.ILL:r iLwiLtieti&.•• . L I I I I I F C 1 p . l 0' :. . •', •I • I ` 1 : , s I • _: .•• leis l•sr i.l:. lei. !..• I 1 O O Lr L_ , s.' Ltl ! SI • Lt' L: rib LLL. LLs.tL::_I:L:r Lii_.Iis:_1. m 2 ISI ... I... .t� l:.. .:. .j . — F-itLL11414St..ItLLr,L::.,;1....S I m VI • I : •: •• •• • • v, r- • • • il ••.! I•�• �j•:• •:• _0• ;S; i •• --1 , E:Itls.ILLL.Is::.it:t.;:st.:Lt. . 12. no • L 0 r--1.1t•.- 'sib's -••. - �••_ m 11 �' i•• 1i_ tss• =rib ---- - --- r= r- • , r �...' leer 1 :. leer ... i i` O -o rip... t••••t.•r.IL:.ri::r's,:...I.E. .o f I we i••.• i.:• , .. •rib .:. i.ittL•ittt•iiLL•t:s:r'LLL.ItL:• Al : t : XI : • ! el i_1:::. ii:.,c::. :::r ::'sib i:E.r. • In response to a question asking appraisers to rate the impact of a number of different commercial uses at the same location on residential properties within one block, the majority felt that a medical office or a branch library would have a favorable im- pact while a welfare office or drug rehabilitation center would have an undesireable impact. The majority felt that a store-front church, pool hall , neighborhood tavern, record store, ice cream parlor or a video-game parlor would not have much of an impact and were about equally split as to whether the effect of a disco would be neutral or negative. MSA SURVEY OF APPRAISERS Impact On Residential Properties Land Use Value Higher Lower Much Some Same Some Much Store-front church 4% 24% 52% 20% 1% Pool hall 1% 12% 48% 33% 6% Welfare office 1% 13% 41% 37% 7% Neighborhood tavern - 17% 52% 25% 6% Record store 6% 29% 54% 10% - Medical office 20% 37% 39% 4% - Drug rehab center - 6% 39% 40% 15% • Ice cream parlor 14% 29% 52% 5% - Video-game parlor 1% 17% 51% 28% 3% Disco - 13% 44% 33% 10% Branch library 24% 37% 34% 5% 1% 45 • In response to the question about their evaluation of the impact of adult bookstores generally on surrounding lues, of those expressing an opinion felt that there ouldybevalittle2o%r no impact with such a use. They principally based this opinion on their experience as appraisers (20%) and the observation that such uses usually located in areas that had already deteriorated (26%) . 47% of the survey felt that there is a substantial-to moderate impact. Their opinions were based on professional a ex- perience (18%) , and the observations that:. given curs rent mores, an adult bookstore would discourage home buyers and customers (14%) ; the use precipitated decline and discouraged improvement 11 it would attract "undesirables" to the neighborhood (29%) . $) sand, The nature of this impact on property was contingent on a number of factors in the minds of 32% of the respondents.113% felt that it depended on local attitudes and the adequacy ofl legal controls on their operation. Exterior factors such as signage and building facade quality were seen by 16% as the determinant. 30% felt the impact would be directly related to the valuesl(both monitary and human) prevalent in the neighborhood. And 20% felt that the answer depended on whether or not the business was likely to at- tract other such businesses. • • • • 46 • • MSA SURVEY OF AP°RAISErS IMPACT OF ADULT BOOKSTORES ON RESIDENTIAL PROPERTY ; THREE BLOCKS • .G 1t I I%-20%4 II 1'-10•`(/ Decrease ' 11 1 1�'f I.I [ III No Decrease Il 1 Il 0 lu 40 60 80 _._._..... Ire. •I•at N•(•••• 1•e4. •••I.a•• Oa•aY•N•Y. ...aft..GA*. •.a...a• I.•••.••a4.4.411•• ,••.••..4ma1H •l••a. •••••• 4.mama. aa• mat •a ••ra6.44• a• Y ma•♦.•. (I as••.4. y �a1 (Y(•••.4.4.44(11•.•• 10 •t1 as Y N..ama ,•.._ ».r.r a I • I r I • • I 11 I 1/ la 1 la 14 1• I I I I w »r.• • • • I a ww.• I • w..I • • , • •-•-• • •I a•a1Y I•a'■ I••. 10.1 •N •.. •. .1.1 4• (.• ..•A a. MN •.• S.. 1 IN •.• 1.1 .1.4 I.• •.• a. . t•. •.• •.• •.a •aa ...a •.• S.• I •N ••• I.• •. ••• •.• a. •.• •.• l.a •.• •. I.a •.l IN 1 ••• •.• •.• I ! • . • I • wl I • I a 1 • 1 • -_�•_••(NaU.IN/Y• .1.6 •.• •. •A •.• I. I.• •.a /A .•.! IA •.• 1 •.• • t. •.• VI* •. •.a_ a.• •.• all* IMI a.. 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'.• a•• 0.1 1 ••a 1 •.. •N •N •.• •.. •.• I»..-.. .. .r•.•.N._.».« »,�..»•...r.... ram. .» I•I,. •A ••I 1./ 1. I.• 1.1 ... a. CO U.S •. I.l a.• l•. •.• • •I••N••/oral•. 4/11. (ass Ian... %a•I•. /(.tI61 186,.M1. •a. I S. •.•1.04 .•11• - M r ,0414.1a IS .(a. •1 I./► 1/N. II 10 I• a• 11 at al ..... .. ..»: .«.....• r »• ... . . ..r.:r • 1 • . • • 1.41 1 1.. ON l.a •N• •.• 111111 I.. a. •.• , •.• •.• •A •.a aA t.. a.• 0.. I •.• •.1 •.a a. •. a.• •.1 I I 1 I aI I •« I.. N Ma ... •.. 11.4 II.. S. •. •. 1.4 0.• Ia.1 1/.1 66.4 . 11. 0.4 ••• •.• 0.0 I•. •.• a•• '. •.a •N ••I I I I_. 4 I.J a I 1 Ii I./ . 4.4 • •.a -a.. IN ••• U.S Stoll N.• la.I Il. NA •1.a 18•3 III 14.4 ...to• I.. I.• . 1.1 Si*. •... aN •.• . w J a 4 II I . IS I Ima a., 41 - a.... . ••1 -.•.I . SA I6.1 ../ -1661 is.. Ia.• Si.. N•. •I.. ma•I .I.• N. 1.! 1.1. 8.1 •A a. .., •.l a. •.I '.• •. INN IN •N •N /. •A I. ..• •.•. _ 1. a•• .A .Sea 1. • ••• •.1 ..• I.• a•a I. •N •.. y...... .. N r. »..» • • w «r» 1 . • • . II . II • . . It • aaa a., •.• 1.0 •A •N /A •.1 l.• 1N044 • y3 I — .•• ••••I_: . 1;1_1.• •1,1 •.. . t :si•:cc ssi-::-1-:ss!• ... 1. 1.1.• n o .1 1 •.•I .:•1 ::i ::..! •::i - O. - J 1: t : . I : Q CO : I : ? O- —W — - - — o — a1 I . 1 ( �_s ac • >- x CO r t t 1 W H l.. S:S1-::!!-•s:i•-••i•s••!:• 1 -I-goer .•• •••• :t+ •••r : a If 1 is - i I r I v�i C : : I r I I; 1 Ln a - I = a C 1- . ..:5!I•• . :-t: !'I•tt'!•- 0 •7• 1•• A I • ' rt -7 ft • I':: ' ::. :;:!.. : ' !.: i; ! I: i: I '�.!.•••!.• •!_..•1•+..(. I•• a s -S :SSjSSS S=•SSsC- c41 c a : sisl sill issl :i:1 ssl : i t .i . • • ii.i, ••• :4 _ r _ -T----T----i----T----�----T 1- -,--'I--1-I1--1.-1it . , I I CI • 1,.•q• •..:., iiat•SS •SZS •sill•iSS •SSS •S' I •- • i t r ! 11 i :-.I.... ••••:,..: S.,.i•S••(•_S �i°•1ZS•--SS •••�•+;=S:•77Sr.: _ • • II W , : I re J • O • I .i•=•Si..•!I-;•SI-:-1 s•• J 3 t.1+..., In O, !Y I !. . I 1 . : 1 a I. N isJ I•:::••,•:::1 i:::1 :i:i•:::j-i y,f_• i::!•iiii'i21!.i=:!•1121•: co .~'1 • r:•!•s•sI-::! •.••_...,••S SI:• i1-(•.•,!•••,(,.•.;,.•,:••••:•. C _ ! •••! :_•i':,: .•• :•• • Y�-! .41I :JJI . i/1 r�:1 144! 4 11• Ys 1 ! ! ' : ! _ WO i -I•S�i1•ttS9`tS•1�•t71•�•Ir�• r _ - -, 7 �� : gee: •••• .f.7• 1 •1.1 ••I 1 ' • • -1•s.s: a:: •4:i••:•'.•:i::•: O O L7 �_ 1 __1 i 1 1 3= I :. I . : • 1 1—• N • (NI M ii L. I i j a y c = o I i i i 1 r EFFECT OF ADULT BOOKESTORES ON PROPERTY VALUE NSA SURVEY OF APPRAISERS Effect , , • Little • • Substantial r - • Contingent • I I % •20 40 60 • COvOf 444 R/ 04104.12. •aCIN SMla10 241 IY 0114.04. 042110004 0/ 441.10.• 41441.7L faY••.t 4/44rM4• 140144Y 1.61/1• C11. 0CI 64 4141e.C4 • C4 Ca 4084.111 C1 44r10/1. i ./.I1 •11.4.4•44 fat KT a a a 1 • I - a 7 • / Mr 11 12 w 1 • a a 1 I • I I a • J 1 1 •IITIa• SS I4007 .. e.7 ••a 4.I .1 a.1 13.1 8.8 84,1 Ilea 11.0._ _••• 4•1 •.a N.• 13.3 a...- I bad nee a••• 14.7 2/.1 •a N•a 140 •.• IA •ee lea I Ilea a•• •.• •e• I.1 ••e 1.2 I. •a a 11 • a ll • • a a- a aIS • a •YY1. aSIu.T1 le IA 1.1 O•• I 1.1 a.8 a.• S. 2.0 1.0 flee •.f I.• -. .Oboe ea.a /fell- I 1.1 IO•... 1Il•• 11.•. ar.s N•a St ea- 11.1 . 11.1 •.a a•• I•a 1 •• 1.4 ..a 1.e lee 4.4 .•. 3.• •.• _.. .- 7_-- a.. ___ • . ._.r- -._a_ -- •.J -• 1 - 1 COIlIIW41 ••• r•• f•• I l a IlA e•• Coll -Col 1.1 a.. /e• l.• 21.1 aa.a •1.7 I 11••• 33.3 ••• •.• /.1 N•1 111.4 •.a a.•• .1• bell ae• -I._O.1 J. 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SUMMARY OF FINDINGS The great majority of appraisers (75%) who responded to the national survey of certified real estate appraisers felt that an adult book- • store located within one block would have a negative effect on the value of both residential (80%) and commercial {72%) properties. 50% of these respondents foresaw an immediate depreciation in excess of 10%. At a distance of three blocks , the great majority of respondents (71%) felt that the impact was negligible on both residential (64%) and commercial (77%) properties. Even so, it would appear that this residual effect of such a use was greater for residential than for commercial premises. In answer to a survey question regarding the impact of an adult book- store on property values generally, 50% felt that there would be a substantial-to-moderate negative impact, 30% saw little of no im- pact, and 20% saw the effect as being dependent on factors such as the predominant values (property and social) existing in the neigh- borhood, the development standards imposed on the use, and the abil - ity of an existing commercial node to buffer the impact from other uses. The results of the 20% national sample and the 100% survey of Metro- politan Statistical Areas were virtually identical . The one signi - ficant variation that did occur was in the response to the question asked as to the effect of adult bookstores on property values gener- ally. Respondents in the MSA survey placed more emphasis (32% versus 20%) on conditional factors at the site.• • 51 FOOTNOTES 1. Metropolitan Statistical Areas (MSAs) surveyed at 100% were chosen on. the basis of having a one to two million population at the time of the 1980 U. S. Census . They were: Phoenix, Arizona; Sacramento, San Diego and San Jose, California; Denver/Boulder, Colorado; Hartford, Connecticut; Fort' Lauder- dale, Miami and Tampa, Florida; Indianapolis, Indiana;l New Orleans, Louisiana; Kansas City, Missouri ; Newark, New Jersey; • Buffalo, New York; Cincinnati , Cleveland arid Columbus, Ohio; Portland, Oregon; San Antonio, Texas ; Seattle, Washington ; and Milwaukee, Wisconsin. Although slightly outside the population parameters for this selection, Louisville, Kentucky and Atlanta, Georgia were also included. 2. Regional designations usedwere those employed by the U. S. Bureau of the Census for the 1980 Census . The data were processed and crosstabulations performed using the Statistical Package for the Social Sciences. 3. The discrepency between the number of survey responses and the number of responses to the question in this and subsequent tab- les is the result of some respondents having omitted answers to questions 6 and 7 of the survey. 52 APPENDIX I • Area Maps 7 • NOTE For the purpose of this study , the maps included in this Ap- pendix categorise existing land • uses within the 'Study and Con- trol Areas as hiving a Resi - dential or a District Commer- cial Character. All dwelling district, neighbor- hood-related commercial and spe- cial use zoning ,classifications are designated as being of "Res- idential Character". More intense commercial uses , industrial uses'and district- related special uses are consi - dered to have all"District Com- mercial Character". ADULT ENTERTAINMENT BUSINESS STUDY • a�vapl[ II Mint S/a a>o au eats.mum cig-m.p .�` InRy • faf� rf��! .�)a� Zea�c �m �. 1NO Q r��ic'i• r�-•.��i '_7� a�� l'Ir Ili .._.m MIMI •�. RI• ,` ' �. •frge [t Tit Ir1Lr ! [R'St t�_1ii I_i i•71 }� f�?>1 fl tlil 1 : iff '�"" tzT1= • MOIL sa i 17,E lisW MS O'! ���. Rtc. wP♦t mg"' ma arm MOILmaims .. aarl NIX . • __�•� reelO - ra =i any i S_a�1 rc'!'f• ane am �S TE !Mill =MU MUM _ j•�•,/ msrr NIX irri• t g1 J wrl• fi1:t1 ►R , Ira? aid is r K}:[f IIT� [i1p Ei ° � !..„,„, •Thpa .,N if l �)2at //tC1 at7. �T! 1i s}T/swami sisfm:~ aT_R7.r NyVf swam .r)17 (wH. .r0 �R. �laC-7�►�11 11'�/ s .7 • �"1R 8 . iV WPM . �f!f ilia as�+n RLL7 ■yt+. /.WPM ■la7f t .11. �ti r Sr A1r1� s Math sY' *CLAMS 1.w1 ILO r. -'- .•.ri .. "1 1 1■ lM.Vs . .iu ss i,u, ss■ y•0 aa.,1 _ ■k�l� LLTt� IrUT U�. a'A1 aSF1a1 STD ([!f\ irib ' .�� _. �if� r i�Y L;6�Lf•I IRL�.{TSS �, �iy -�• rsKfr 6�L�1. 4 -�T. R t, r--�• l wlS1 --a �. 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GM CM ®my mesa tK 1 jL' •• .S`•- C:� rlP. :LR7�fr SWIM FEU f7[afl•L�s lT�c[ • • 1 a .a.[ j" r 1-m im7 r 10 ��<7L•� • rt= t t(11(t I S(7A •rw 11 i, i>n I(1 r=p1 111: 1.1 RSC'G OWL*: I127 1;-•7.Eu 1 I a rile r:• ci.IC csni w fit•[rrlal ij 1 — '�1 a■ m ran u;: frr[ta r,a, 11 y _ / — -- -s Wm swat I h U [■!t■ fl1t= RVOI -- .. -fit■ fret,. . WWII II liefill: ® fad iN STUDY AREA LAND USE cm! mislay • 3155. 3201 East 10th St. . 'i i MI ; r .,iai ca, 1 r'bia p7 .w. r•_ ., I • / . . MI= Residential Character ^- ^ea^[' f� f.�. .Q f ..�.. CMGs !Mil I/M! ///. District Commercial cm'� ~= ''�'r` =`•m r Character • ��« Lyn ^►4 R ffffIM f Ali '...1rri.ca•1 Nrid• -r 0 Adult Entertainment Site 3. min MOO CCM :am mu. ISM C?ac R' COMP .:11 1 !tr= I-I ADULT ENTERTAINMENT BUSINESS STUDY ,-T-2.1.7-, FA M *•lc eir tan :1 1 3 i ---; 4 i i i A IFFEEL111.47, 40 r- sr �• 4�0 sw _I_1♦ '.- ; • .• : ..J�a '4-` 3^ 1SLi•...iS.. .11�Z. {VLii= .... 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W E S � 's-L1s ... ♦lam b •I 1 •: 1. 3S1L.4..6Z �-. rti.:.JI 1 = iN H.,. • Residential Character )N T G 0 M E R Y I C•ua:. ,1:.. :_.....4.. F 40 District Commercial PARK I s.� - I Character • �. I © Adult Entertainment Site I = = I Ic• = I I-II • ADULT ENTE°TAI:!NETT 3US I NESS STUDY ir oi.l,s 1i %..)%%...%''.••'9, " ] 111 ♦♦ 1 - ! T gLwI pr. 0-.1., .7+r ♦ 1 mcl-j, i-1- • \,�, • 10 rw room sr PTV"MIME aka WM.—'1 IN r A-E` 1 �' �' wet _ ani— Ele life •17 xit...QQQ��� ��� I I �� lea �r NMI-l , .._ •w. .-.;�t W A- , , I �``` -..�, _ OMR RPM_ ...r I�I��M 1°o�Z = Rao_= E ..• .>vWWI= I 1 • \s . a�21X =RN IE . a" ' _. m WWII I 1P111.M • • I .ate +y /I AO R0. !A MI Mrs rim inv.—— A '� s 0l010 sr o,.ro sp 1tQ 1 IJg .RI ��' w L drag ism" om 4 saszi 1 •0 Baer NIMBI �N r1rr� •1-- a# 4� + iA>• .►� R11 MITI RED Wa MK=rimoil 1!1 „„ RII�s awns I t♦tD,.$ =741]k•i= ma as � is ram. rii MEM Mali Ail��® 6f err .r. -twat . t • !• �1 'O r RE twa ii �� ..G. _ ran .mane' ra■wA A e r� �^ �1 El a Ne- era am r� — a ' �� Innis raN = RI•7er m a �w �r L17 ,� n rii- CM rem". gm'" urn". warm mcimernew 4 men ----,, im aim lk eir-c= um"'. ss- rew 2= �m W —.1 Kg _ L A / = =1 k 44 ,.,, W `= �;2 r q''if0 i r%ice%�1••`"�F ToN- :x �� I /Q,�• 4%%%e4flii IhyASN/NG a EE 3 low z lo { , CIu:LI 1i-"I.W;•:•m'-J. i."l,•,-i„,i, taRa oI.l4l.....I10Wgm/o0r4M311m0m4o,/. v3 w InRR...4N•d PswN=M.W1o1N"MarwW/.s. S 47•- O .a II1I.,:_F,....,",:.:.7'....76L...1.ji-:.1 ..,..i.!...1.••--...,•:p/E.c, .l' l.l kiZ..Ii,•I•M J•m I,F.a•-I ., '� WASHINGTON ! p .� ,:� - 'j' '- , HIGH SCHOOL 1:' E .wsg Vm J �CIa iA• r�r��s ,,y_ - pB�o t o eN .! ' =li Rim . ..S 7 •14 • ''�Y go!M t I O� CONRA/L _----- --- I ter, . 1 • 1 I 1 • . 1 1 1 1 1 1 STUDY AREA LAND USE -. 2101 West Washington St. .,....: 1 FMC CHAIN DIVISION .Residential Character 40I --I /• District Commercial • 1 I I Character • 0 Adult Entertainment Site I- III ADULT ENTERTAINMENT BUSINESS STUDY , , 1 ig..., wan — — - t,/ —igu 0_ • r ... I- s, EMIR NIMI „.-__ •., - - . '.1.11141L'A 64E.i• • N Pr 7. t•T ` aaat _e ffffa RTA - _IMu a 1 : • i. 1111 ,Mini fffs t ,_____A < , agi ...-r. _ is �flllSl ��1 AA is = __ - a®t17 `_... Sal a . is NEB a MIME ffffa WW1- . =t, = I• fa MM. EMI. ,. — — — • _ ____ . c,...ELAN . 1-. —Miii - - — in a• T.. . MI 'II. 44 MEI • MB Mf i _Liz�OG�. _"' 1. , '' ''- "' = = - I— ... is .. sw''7T 2=MD OM.fs m. ..... .13° min mi _ ff— Z _=.•.l ER OEM • ..tom. .MMOM MI to ff—4 ... NM rr CO . ~ � �> �9�LTI�- - e_ MUom•® �IN = . /7/•r 17// Sr — • �i- 1 I.f,. _wenJ tun i�NISEI /ISM OM No mom u. Eil � a Elm lirllta MIN lr• lorals urrnMI. fffa fa• MN , .= • •-• .rr'a. = —II . min aa— — eMEM 8l I� f1Sl•fa 'ter <Z7IIIPN w:f ,rA — ff ffa ff— NM IMII �i .•I ffa — min immi. Eli mom ,�1 fa .'- fa .ram MIME .t. -- .•. a� NM �IIMI NM � — —, ... IF m-40-,;-4.14Koop. PROO P,27 •0 7..p-. MI ; . 1 ie0lr j 7c INIp lSSO MOO .3435 •AS riv ® g� ... ■ `,r—f--.. _—, MIME �_l'MIMI . I IM51W1-.,1 Am . c E -- .... m ..... ..... — !M MI' ... s csa oars `• ad rr JT 1 / r. I ,4r . Inn ... a 3M. ._ti. ! MOM IMIIIN — A IN ...•a1N . .. •d,• fa C - .).�N .. ffffflli _ _ ` , . ill iMMINF. tlIlf mu ®1111111112111111 I . • mum a a ■ , �. 1� _. ' aaaawnl KIDS MB —~ �- .1 ..Waal fa il. ,r .. - i�l�l :. a� 1 1 -'Z' STUDY AREA LAND USE I ' • '1 ME Lae �t1OITCFII ' ^I- 3535 West 16th St. rv.C fffa M 6 ill • "0 _____ fulla fa .i.L1. ...-. • . -•i my Residential Character uP I . f - • o— nil - L • . N • s; — W District Commercial •`ziI i I 1 " Character _"_'" "n; • "T M ' 0 Adult Entertainment Site AV•il H 6 .i • MIS P��1, I II I 1 11 gal I �1r1 t:— ( � I- !V AO.LT ENTERTAINMENT BUSINESS STUDY • I II rr.wr Hal 241 �::. IV »! .11f— Ari.A I edraa.w a .. . sill t 3_s -arm MN N 34r. 354 PLEASANT ANY WV SO(?II G I yw .�� .as. SEMI lr• 1•1 �i 31. 3ro, • MISS r ____poi! BA r.lMg :r -a. IM !� . f•r ti •1 . A 3S Sri a►s. aH. Ymoms t! ■ !!7 .� Mai j r t arti NM .S 1: ®. r.-.• .CtII.- • . ,r .0 T.W La: ..—. .. .--. 3,1" Viii '''' ' ' ..-, iti 0 LL Ail( • • F. 1'� 3111.14 .o q_ i■. 2 rr. orf1 it• Milli TEra. Will k SWAN 0111:011 in vie WW1 MIMI SWAM IMAM MN ® "^ ii lir m�of ELT imui . • u N -.. -• •MI _ firO Si7 o21 V Sii .a17 Wail imam fl ,�tr . 1 r0 j1 ' • .t6MI gm rrs j pE V.a1MI Inn on Mil ii iset.... . .i wr•A� rnomam Ea �,. MI jam+.— �• n ' �S 1e -� = t� /'�✓ b� "RG .1" .. ,A E.. 77. s ', -- . .r; ?; .: r �2 , '2 .r•i 1 �_ �� zffi11 n N' , 1.• l4 CNr NM n .4- .monno /1 ' � ''� % 0 ///.� -=''.._..zz.:..i. :,- ; r% - -ir-il 1 1:, =II 'sr i ir r-----, l ,,f,- s � o; ' i � .v. n � = tSi toss I ,• guar. CILIA Ira MIMS • 1 slams IMMO IMINNIN awn //•/ .y ,w in ..11 Ws Ijj ' V/# -- --- JCL _ y `� —• s i.c ° 1 I 1 �._c�:c- ;s l e =— w �.,-�••tsu 1044.11514..111110 'I'rlf I _-- . . - _LiglIM .1/21--k,...., • U:' M. � i I i I a •. ■P !- - .. aT~+ 11 22,, I 1 I b I I "L cgi31 1 ii01 FPECLI • -E II:4•� 3: ss"3t sit ... I -c.46 1 I v.h i ='`"„ ;; .Kos . STUDY AREA LAND USE ' ' _ ill' 6116-6122 East Washington St. .-My R. rE:_".7 s.ti '..r_S" w~ T.. iAI" .az • '' " '4'"3' Q Residential Character :. M" tag- ////. District Commercial 'l n o °�+s' :,.[�.�I' :- Character ,l, C: 1 moo M ... . , firi ' 0 Adult Entertainment Site I- v • ADULT ENTERTAINMENT BUSI.IESS STUDY • = r I I 1 8 m 1 --1r--1 —• STUDY AREA LAND USE I 4441-4475 North Keystone Ave. 8IAeAAr LANE I Residential Character 17 - - ///• District Commercial o Character le M c 0 Adult Entertainment Site ��. ho1D � E �•: $ ♦KwQii.— MKowepooK0 msmw - , .�„ - y, /). 1 1 ti, �- - NM r /- -- a�MN m - - M cs•Fsi • p MMMMN 4 � - �-I . i �-.�� W te = r� 41 .' ' , ' F '%%%lip.• i,,.., L.. t 3 i , ; I 1 ii_. !. ......,4 ?" i , iij ..• ,„ ? #,,/.//, grtr° tits! alio' .. P / ► "- - // A," % 4.j 4555 Or mom Ilan NMI f® - . j T _ _ / . -Nom j L E Atr ® me / /r%%' %%, ♦ v' 1477 Zd55 '�' �2� ° 'ii7%%/��rl%S�• .r 5� ��4 ;5 rZgo` 31 k4 NM-um rr+n• //'//////// /.= ,,/• ,, •�i+a mot,..trff- •/7/2' / v I��I1i 0 , Za =M ilivi, ,/.. I Og Arir 4 ,w", .`k • 5 . 51111, I g•. /. 1f/ PEEKPatw r I 11 Er-Da.. J •I'' W, oip.- -....,.......... ,,-1 . . Creek II," r' ;�' ' - 0011 - imi4 ' • = ram. .. % in IIII1111111=_ I_ n ) e 1 •1 . t _T�N� I s v$ ADULT ENTERTAINMENT BUSINESS STUDY `try ®�v� i - O 1111111g AC" It Nlib, .... • , . i . E 41(--mow 051, - =plillalliL d,p. .42—.5.1i SIC '11 Ii mm :77._..7. : 1.. .. V 42e .o..r.vpr kk -__ J i >> `.sue^ a,w .r .u.. t,•41 Z ' : WI : : jo 3 .... , , -..• _ ____I M I. ...1 ,...... . '�] ] ■'j �+ ii, ire. ,• _1L .. M.41 t r .rr. -_ ? as —r ...—� m�.7�. •—" l aaI It.`� :a 4---I. — as —t -' Q r? — :2 II_; NI r'f 5711. III ( -r- lib ' li - 74' m[� 1'00 I100 1JA7 •1•42 .fT. cx WO • t . PPP '—t • th .i- Mil -�-G�f. ' g. '� r�ttt Effir_ Gra • .ri ttt �.�t� •.. 1g: -- _ _ _ .�_ --t moo aim I —— ^ "'E ~ MEMEM, • , -, MO C*r ■�.ma' 77 SrH Sr •i. rr a ir ` •$t iii . `r L as s • 7..._ � urns L - � A Aw — o IIIMIN Elm • la'"-^ 1 .., ... %1 i4 ..r- rare CONTROL AREA LAND USE = . 2500 East 10th St. • mumovum``'— — — '—mum ... m_ = = - = t= IEEMt n=. I .••••••• Ii.m I1 Residential Character .� . M I P ,.: District Commercial R.�• .• mc_ Q • Character ‘go111=* — "-= _ Control Area Centroid >E ` =c_� — 1^ - oA - —lil • • I-VII ADULT ENTERTAINMENT BUSINESS STUDY - 176 '": L :• ..i._ ...."-:- -- [-E4. L.--"N mi -i `. �'�. S T /4rar .r • '• 5ila wane swum an ,. = ........2. .. - --. • t'1L..J ISO IFSL IIQJ t�— Ica . Irz WI —' ttt[rr11 — ....it - — — .tti1 — 7 � tew�I e�w w*i■ — — = .. soma _ = _ . ir_ - I�tji1/.f tRt • �t wpm f=1 � tteI �a Mar •�—. i 11 �� t� + y� s.'. •`immi 7,A.1 .4 0 w• •T • •.' fi al• e •n.• . �p trio = �,,,�, ew eet..tr, MEW. WORM - �• MAIN—SO !' eett eId ttl= - -W t � :.t4 s wta� �e� Ili i. a...i =2. ,__ 4.11, it J _�sO ttts � - 1 i I mom I 1 in siii NC _r.. _ 2- —e!., —WY, Jr ' ' eetst RIM. � ...A.A.., own an :a . eeetetetl — t � . _ ., liz t � - ls.� — , Ell EMIMEI , 7y . ' , w • . /L ' • — = 7) F te lk ►_ ' a. E• -.. 1 J.. R,>s;I. �J i .l(,— —O Er—. , •1. �!!f L' y. rC'f��C ,�•: �j �fll! teeeeeee� eeeeeeeeee� emu ^e,L:' �`ar ' '•'�• O ma`s' 2mimmi W - �.!�! - t _ y�f wn • Moms 2 ttttttttt�` o i_�_r� mom 1/44 • 1.4 ` a y: . to. *e. 42.1..L. tettttttt�N {, _ i �; ' tom . •_. Z �z— ���� . ��[Lr'Y3T'� ' t ....tom. +'�.'�'0 � �s ® oar ��� e .,,. ewrs totr! 4, N t , ttt�s ' Q .• ]cs�a -j— tetetett� S. .- :• � \tom films• `rn-a . .., o. Yt't �.si= - - o •' Ilm Wit- �+;' - ME eettettetl —_ tQ�w II '�� • RIM J_ �e ':—• etail" = — t� . ,trio ttttett. �� e� �� moms�'wr terees ... = ^^ tttt�=tttttt� m!�IMMI�� ! • •• a ttttttteel — — • — ecs>A sr CLAII? qq _ al illag • .3!' s e - •�� , - �� _ MN lino 310Mr ME 113ag �� limo ' LEW �_ a,wc INNIM r. CONTROL AREA LAND USE El) e � - _ , ,--•— era 114/111 2300 West loth St. ,3�J � woo _ � sao � tt.a. = 44 •• it l jam.'tweet+ w Residential Character �.tttt...WM/ • ° — = j... 2 •• W Ores(mimic rase."-- � I erne FrnrE �4 District Commercial �, h•Li e IlErIM �,r,.. Character �.t.' t i .�,grim ;._, tt= '�— =o�Q�•: .1 gime r�• nNe[ • Control Area Centroid '.*'.1 j . • [[ �l `� �'''" j .."4! • \ -.. -. .. 1 t� _.__._...:'-' I ..sr.____... . ,•_ . . • I- VIII • !ADULT BTEPTAI NME'IT BUS I.4ESS STUDY 1'....NN ii..e• ^, . . �..... ,,i--- _-..�_..-. L-_____, 131. • h/i 1�� .. t ........ ...,,f ^ y I '""'" ",,�" ELLENBERGER PAR K ° rl- r.- rn o. a i .....•w7.n...7;.$ r �/ 7^ `R �^ h r I �.N si N .Q •)PI �'•N'N Y M•..1 N lb r ill • T •y' g,,...▪ ' -M i wL F. i. .M l e I.i.M/��.1 i y _zi - 7,•f`SJ 4t M.10 _ •• • I'/â1 : • / ' •• i. ]l• z.. 7 ..33* ` •• �1 T S•' O • i .m, ea ''tI.- •r ° .■ I ' .V _ _ eTl7t• S ,�i Wirt a. • r: J 3, `Ot0P „TS'• w •! ",. id, 331 1��i �i,� �j�.: (�y ] O ,,+ .1• ) it inn X "f w1^ „I. :: iws� 3'3 oS.14 9..,' ,• �ao ••r •fit .,,a�r 4 •W LL Al - ,�� ct , Aumg4 `:nMIK CM .�'1 Q I-. .. gram ma(7 R i Oil Mil � 1 ' _� v� RN= 7 7% ITEM" amnI Ir= IN ELIal L - i t sty , • {,Q we Fit1 -ill. ]�O, tt' •l I ) .I Alli- SiEmma r I 517 errnr Clint �1� vt EN�'' t6 r am • a• > r S :/4, Lulnim 0�'��� >WARv...r RU N T YI - • ,��� t `I " ^ , , a 1 WASHINGTON i i r� Jsor.�I111/�����/ `f Z 3 VI .1::::, a N r.. i/.+r �� 1 "' ,^;- I M -�� ��,iiAll /�i M .,, {rife!] lg .• 54 ci. 0 rcir „Tr 15 MC'MP -a -� ►1. hr „'w.I.M�: �_� / • .Nn.•.•.1RK I NV .• Ir3'�3 -:.� �.'_' . +ant_ _ a' tail IIS -÷-':I2 ' ,;',. ."--ti—'-.e rim 1111117,47 , i 17 II 1 ;9'r •.MIMI®� � �:� aLeIOiOmigooilv ,,, •+' • -- _r-.iir:7T1 ( TT • yam j71V � i' �m. - CONTROL AREA LAND USE �,r va,� _ 0ia1 -,,,Ohl o' -. — .�. ri . 5420 East Washington St .1'►' j .•.R. .- - : - ,- 7_. _ ;+ ,•� �_• �: 1 Residential Character rN- ® ' ire ' Al District Commercial e "' 4 ` a7 i Character • h _= '� - 2.1 - • -—. . , - • 3i� . _ • Control Area Centroid • I _ 1X • • ADULT ENTERTAI t1MENT BUS I NESS STUDY 1 _ aw OInM eIV=OE .. aQ.t..., Ii • \ • 1 e 4 f • rw* — rwSrr s 7qr ` { • 1 MT/ aNsl ara-a• 1..„,WI' %,,,,,,... /I , II Naa1 IiiPM_O� III WW1 /�_�� . rill rP3 E • I ... .... aa� w as> NMI 'via 1, MEIN aa� MUM WINS pm ,.- —+A rail MINIM UMW •f. z, IBM MOM alOMMI Nast a= ass mil raa rim _tag..-., an RCMP as I sal Mesa rs� aSSN A77 - wsa am tt7 .es+ �s .rare CM UM _ ava PPP /far Rae •o r� f wtw s MI MP aao qrs .:t:r., TM elrn real "ma e� WOMB mime mast mire ROB MEV rss • . 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Ern%v1� w W.. 1 !� -soma a r�anal rim` arse I, �. w. rim Z'Rimnow r r Min , 1 .a i mop sire . fir era agars= arm ev1 L r �� k atE k MI 41 4J1 ' �p..rf %'fir/ 2.J. 1r° 'I% J•+� cc •" %% • ,,,, rl a 5,,,i/ •� i! •l�• 1, �•� \ /n. —zip/ W% ✓0 r/ "r'''!.. w Sr y;ri , � ! � �� r././o �y Nca� NMI_ :,aa WASHING TON f1"1 _y y r I �/ JS .)J I az.: I M AIIII RIM? or. v,,,,„,,,m.. :„ mai _,; i i A s ; : o� HIGH SCHOOL ��• • aa.Lii. .. �m y iE is Nsa1141�1411near . w W CO .� r- r1 EE rcia • I • coNRAIL 1=©�r� �. - T 1 f J it a-1 • i ,Aar r' -_.. , 1 I I RCN • 1 3 CONTROL AREA LAND USE i ~ 1 2600 We Washington St. I FMC W I Z _• 0 Residential Character CHAIN DIVISION i < . -4 District Commercial n , i �' 1 Character 1 1 I - • • Control Area Centroid >'-'"-' y .I_ X • - ADULT ENTERTAINMENT BUSINESS STUDY . _ l'i....._ [ .. ti _ ... . • t i .jf! ;e s• . • G L__• I-. _ ,rvn[a - R • E N. .P A R K • '; I3O7 ;oi 1,J .I I"tJ r. 1.45 a - 7`_ . o r--; ' 1 • :1 - -sT _ I 'CivARLes'aw W 1150 _ . _: • _ 1 I.. , • • ' _[ t a 1 1 r,- - CI ' em• . 1 . . riff a , . .- r / j I ,. • Q 6C. 47.:: sack ' a9t00 7000_ ., -mv,._ _ f • " • • 1 oe,e7 i ... re,/,/. • For.Ndaaoou . Da ' I / / 1b0 ' ►•-- - , 1 L . : i -_, / 3iw MGa OO iESP __1.0 _Jc///4Jc4ot ; •i ••• •i lAirk•1-1 • - • CONTROL AREA LAND USE . c EASTGATE 750 North Shadeland Ave. $ - • Residential Character S H 0 P I •N G - . I, PT/ District Commercial C E. LA T E R Character I - _ • •. Control Area Centroid 1 I-XI ADULT ENTERTAINMENT BUSINESS STUDY ______ 7c4, t w0.,33,..“ 1 x 112�14J Lt_F,t i IMO . Wlimmeniq • 1.1' r-- i I �. , rr Sr -Trra: 2727 I V a ,s ' rlse -� +X h .. � 5drzr L____•__ _ 2, q I ' Io .z' "R . � 1 _,,,, L' J �r% 4—I I S SQL i Jai l0 -Zola I I ,4I tj r A. ,..4 ,I i OVII7 -;.t.L.-ii, -——--Awl,L-- .,, „ . , S. Ar ?. p 77y !gee" *— r Att. ak ci ,„ . . ,,,:# .....0.‘ -. . -,./ / giliN'!•II 1 /e���/g��/ j�, /I 1 44 4ii tt , t s, 4i % :orb s WO law - 00 MOO gum � itA7 t•1010 ST. v r v . , .; 1 • . ! Z.,. 7.%"•. 6. .." j I n.....21 '• ® _:•_ I I ......4 - • (t L-y ��/hC1 /e. .. -,J----- h a - L '-- o 1 I /I * Z R I 3 I �-�- S 1 • 4 ' I , 1/41:11 O. rum 1 sm. HE Tim= �� ,�yh »xr ,r. , CONTROL AREA LAND USE / e___ c�JvE 5200 North Keystone Ave. • 0 Residential Character a�,�o y �* o c J. District Commercial • 4 �o• �J . [ V p•[ Character •„0 �y,, tum .III LE wl&LOw9P00,r P Kwr.' • Control Area Centroid `y\ `, is 1 r1r-7 Q=11t'rifrrai N//— I I _1 I-xII APPENDIX II Appraiser Survey • kF 4 CITY OF INDIANAPOIrIS I A''r 's �'dt WILLIAM N NUDNUT.III MAYOR • DAVID E.CARLEY DEPARTMENT OF METROPOLITAN DEVELOPMENT DIRECTOR January 20, 1984 Dear MAI Member: The City of Indianapolis, Indiana is currently in the process of preparing a new local ordinance that will regulate the location of adult entertainment businesses in relation to residential neighborhoods in our community. In an effort to provide a basis for the proposed legislation that is equitable and legally defensible, I would like to ask your help in establishing a "best professional opinion" on the matter. As a real estate professional , the opionions you share wi th us on the enclosed survey forms would be very valuable to - us in the development of a positive legislative approach to this difficult local issue. Thank you very much for your assistance. Sincere 1=V • . Carley • cc. L. Carroll • I I- I INDIANA UNIVERSITY. ; SCHOOL OF BUSINESS %•r++ Bk+nmtngtanilndianapolis 10th and Fee Lane •• • • :- Bloomington. Indiana 47405 •,, r;• (812) 337-5507 Division of Research • TO: Professional Real Estate Appraisers FROM: Indiana University, School of Business, Division of Research Please help us in this brief national survey. The information provided will help clarify an important question. Read the following information about a hypothetical neighborhood and respond to a few questions in terms of your professional experience and judgment. A middle income residential neighborhood borders a main street that contains various commercial activities serving the neighborhood. There is a building that was recently vacated by a hardware store and will open shortly as an adult bookstore. There are no other adult bookstores or similar activities in the area. There is no other vacant commercial space presently available in the neighborhood. Please indicate your answers to questions 1 through 4 in the blanks provided, using the scale A through G. SCALE: A Decrease 20% or more B Decrease more than 10% but less than 20% C Decrease from 0 to 10% D No change in value E Increase from 0 to 10% F Increase more than 10% but less than 20% G Increase 20% or more 1) How would you expect the average values of the RESIDENTIAL property within one block of the bookstore to be affected? 2) How would you expect the average values of the COMMERCIAL property within one block of the adult bookstore to be affected? 3) How would you expect the average values of RESIDENTIAL property • located three blocks from the bookstore to be affected? • 4) How would you expect the average values of the COMMERCIAL property three blocks from the adult bookstore to be affected? - over - I t_ I I • • 5) Suppose the available commercial building is used for something other than an adult bookstore. For each of the following potential uses, would the average value of residential property within one block of the new business be. .. A much higher B somewhat higher than if an C about the same adult bookstore D somewhat lower occupied the site. E much lover In the space provided, write the appropriate letter for each potential use. Store-front church Drug rehabilitation center Pool hall Ice cream parlor Welfare office Video-game parlor Neighborhood tavern Disco Record store Branch library Medical office 6) In general, to what degree do you feel adult bookstores affect property values? 7) Why do you feel this way? 8) Where do you practice? City State Your name . (If you prefer not to give your name, please check here ) Thank you for your cooperation. Please return this questionnaire in the postage paid envelope provided for your convenience. APPENDIX III Land Use Control of "Adult Entertainment APPENDIX III LAND USE CONTROL OF ADULT ENTERTAINMENT LEGAL BASIS Zoning has traditionally been defined as a process by which a municipality legally controls the use which may be made of pro- perty and the physical 'configuration of development upon tracts of land within its jurisdiction. This is accomplished. by means of zoning ordinances which are locally adopted to divide the land into different districts permitting only certain uses within each district for the protection of public safety, welfare, health and morality. 1 Zoning regulations not only regulate the use to which buildings or property may be put within designated districts, but also the purpose or object of the use beyond the. mere conditions or cir- cumstances of the use.2 In a 1920 landmark decision , the New York Court of Appeals up- held New York City's comprehensive zoning legislation,3 and re- affirmed this legislation as a proper exercise of the city's police powers. In 1926, the practice of comprehensive zoning received substan- tial support when the United States Department of Commerce pro- mulgated the Standard State Zoning Enabling Act. This Act be- came the model for most of the early zoning enabling legisla- tion in the country. While the courts have reaffirmed that municipalities are proper- ly exercising their police powers through zoning regulation , it is generally held that they have no inherent power to zone ex • - cept (as is the case with the police power itself) as such power is delegated to them by the state legislature through statutory enactment. The right of state legislatures to delegate compre- hensive zoning power to municipalities, on the other hand, is uniformly recognized by the courts.4 Because municipalities in the state had to be enabled to exercise zoning powers within their jurisdictions , the Indiana State • Legislature, by means of enabling legislation, delegated this power to local units of •government.5 Control •of the use of private land inevitably raised a number of constitutional questions. In the landmark 1926 case of Euclid v. Ambler Realty Co.6 the United States Supreme Court upheld the city of Euclid, Ohio's municipal zoning ordinance which had been claimed to involve an unconstitutional deprivation of property by deciding that comprehensive zoning ordinances are a proper • exercise of the police power and do not constitute an unconstitution- al deprivation of property. This position was reaffirmed by the Supreme Court of the United States in 1927.7 Thus , the general legality of zoning is established beyond doubt. Subsequent decisions by this court° established that such ordin- ances, however, could be unconstitutional when applied to a par- ticular property. This established the basis for the system under which the City of Indianapolis currently operates where each var- iance or rezoning request is decided on its own merits. THE PUBLIC WELFARE . The -police power authorizes a government to adopt and enforce all laws necessary to protect and further the public health, safety, morals and general welfare of its citizens.9 Limitations on the exercise of zoning power are essentially the same as those restricting the police power under the U. S. Consti - tution, i . e. , they must be reasonable and guarantee due process and equal protection. It may not be exercised in an unreasonable, oppressive, arbitrary or discriminatory way. Zoning laws, then, must have a real , substantive relation to the legitimate govern- mental objective of the protection and furtherance of the public health, safety, morals and general welfare of citizens. The public welfare, in these contexts, means the stabilization of property values , promotion of desirable home surroundings , and happiness ,)) and embraces the orderliness of community growth, land value and aesthetic objectives) ) and is reasonably design- ed to further the advancement of a community as a social , econom- ic and political unity. 12 CONTROL OF ADULT ENTERTAINMENT13 Reacting to the increased availability of pornography in the United States and attendant pressures at the community level for its con- trol , a number of municipal governments have addressed the pro- liferation of adult entertainment businesses through, among var- ious methods , land use controls. The validity of such an approach was upheld in. 1976 in the landmark decision Young v. American Mini Theatres , Inc)" in which the Court upheld a Detroit zoning ordinance which prohibited more than two adult movie theaters or other sexually-orientated enterprises from locating within 1000 feet of one another or certain other designated businesses. Against III-II • • attacks grounded in the First and Fourteenth Amendments to the Constitution of the United States, the Court sustained the ordin- ance on the dual bases that: 1. The ordinance was a reasonable response to demonstrat- ed adverse land-use and property value effects asso- ciated with sexually-oriented enterprises; and 2. the ordinance silenced no message or expression but merely placed geographic restrictions upon where such expression could occur. While an exhaustive analysis of the Young decision is beyond the scope of this discussion , the following generalized principles may be gleaned from the plurality, concurring and dissenting opinions of the Justices. First, hostility to constitutionally protected speech is an impermissible motive. The more apparent and rational the relationship of the adult use restrictions to recognized zoning objectives; such as the preservation of neigh- borhoods and the grouping of compatible uses , the greater the likelihood that the restrictions will be upheld. Second, even a properly motivated ordinance will be invalidated if it unduly burdens first amendment rights. For example, an ordinance imposing locational restrictions that are so severe as to result in an inability to accommodate the present or anti - cipated number of adult businesses in a municipality will cer- tainly be struck down. The Young court repeatedly moored its de- cision upholding the Detroit ordinance upon the finding that numerous sites complying with the zoning requirements were a- vailable to adult businesses and that the market for sexually - explicit fare, viewed as an entity, was therefore "essentially unrestrained". Third, ordinances which are so vague in wording and definitions that a non-pornographic entrepreneur is unclear whether he falls within its proscriptions may be violative of due process . A vague ordinance may operate to hinder free speech through use of language so uncertain or generalized as to allow the inclusion of protected speech within its prohibitions or leave an individual or law enforcement officers with no specific guidance as to the nature of the acts subject to punishment. Finally, an ordinance which authorizes the exercise of broad discretionary power by administrative officials to determine which adult business will be allowed to operate, especially if the exercise of such discretion is not grounded on objective, ascertainable criteria, will probably be disapproved as contrary to the precept that, in the First Amendment area, "government may regulate only with narrow specificity". 111 _11 , • Any community, then , which would employ. its zoning power to regulate adult uses within its jurisdiction must be particularly concerned that the adoptive ordinance be demonstrably motivated by and found- ed on sound land use principles, it allow reasonable accommodation for such uses within its jurisdiction , and that it clearly define both the nature and regulations of the use in order to avoid, to the extent possible, the need for subjective interpretation of each proposed use. The Young decision has encouraged a great amount of experimentation on the part of municipalities in an effort to prevent deterioration of their commercial districts and adverse impact upon adjacent areas. The effecti.veness of these innovations will be determined by time and the legal tests to which they will be subject .as this business segment establishes itself. For the time being, however, this decision encourages an approach in which localities have tended to control the siting of adult en- tertainment businesses on the basis of land use. S FOOTNOTES 1 . Cf Smith v. Collison, 119 Cap App 180, 6 P2d (1931) ; Devaney v. Bd. of Zoning Appeals, 132 Conn. 537; 45 Ad2 828 19 4 _ v. Bd. of Zoning Adjustment, 147 Me 387, 87 Ad2 670 (1952) . ouse 2. Cf American Sign Co. V. Fowler, 276 SW2d 651 (Ky '1955) . 3. Cf Lincoln Trust Co. v. Williams 8ldq. Corp. , 229 NY 313, 128 NE 209 (1920). • 4. Jonas v. Fleming Town Bd. & Zoning Bd. of Appeals, 51 Ad2d 473, 382 NYS 2d 394 (4th Dep't 1976) . 5. I .C. 36-7-4. 6. Euclid v. Ambler Realty Co. , 272 U.S. 365, 47 S Ct 114, 71 L Ed 303 (1926) . 7. Cf Zahn v. Bd. of Pub. Works , 274 U.S. 325, 47 S Ct 574, 71 L Ed 1074 (1927) ; and Garieb v. Fox, 274 U.S. 603, 47 S. Ct. 675, 71 L Ed 1228 (1927) . • 8. Cf Sup. Ct. in Nectow v. Cambrid ge (U.S. 183, 48 S. Ct. 447, 72 L Ed 842 (1928). 9. Cf Scrutton v. County of Sacramento, 275, Cal App 2nd, 79 Cal Rptr 872 (1969) ; Troiano v. Zoning Comm'n of Town of No. Bran- ford, 155 Conn 265, 231 A2d 536 (1967) ; and, Trust Co of Chicago v. City of Chicago, 408 III 91 , 96 NE 2nd 499 (1951) . 10.Cf State v. Bessent , 27 Wisc. 2d 537, 135 NW 2d 317 (1969) . 11. Ibld. , and J .D. Construction Co. v. Bd. of Adj. , 119 NJ Super 140, ' 290 A2d 452 (1972) . 12. Ibid. , and Fischer v. Bedminster Twp. , 11 NJ 194, 93 A2d 378 (1952) . 13.For a more complete discussion of this subject, see Mathew Bender, Book V, Chapter III , Sections 11 .01 ,11 .02 and 11 .03. 14.Cf 421 US 50, 96 5 Ct 2440, 49 L Ed 2d 310, reh denied 97 S Ct 191 (1976) , rev'd 518 F2d 1014 (6th Cir 1975) .