HomeMy WebLinkAboutRES 4090CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4090
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING FINDINGS
OF FACT IN SUPPORT OF AN ORDINANCE AMENDING THE REGULATIONS
REGARDING ADULT RETAIL AND ENTERTAINMENT IN THE CITY OF RENTON.
/. OBJECTIVES
WHEREAS, the City of Renton (hereinafter "the City") and its representatives are
committed to protecting the general welfare, public health, safety, peace, property values,
reputation and tranquility of Renton, its residents, and its guests, through the promulgation
and enforcement of laws regulating a sexually-oriented business (hereinafter "SOB"), obscenity,
public indecency, and criminal and sexual offenses while not impermissibly encroaching on
freedom of speech under the federal and state constitutions; and
WHEREAS, the City reasonably believes that the regulation of SOBs is necessary because
in the absence of regulations, significant criminal activity has historically and regularly occurred
locally, statewide, nationally and internationally. A small part of this history is identified in the
court decisions, articles, reports and studies noted throughout this resolution and as listed in
the appendices. This history of criminal activity in, around and/or near SOBs has included, but is
not limited to, rapes, assaults, sexual assaults, prostitution, serving alcohol to minors, physical
and sexual contact between patrons and between entertainers and patrons, public indecency,
narcotics and liquor law violations, harassment and stalking, breaches of the peace, disorderly
conduct, organized crime, and the presence within the SOB industry of individuals with hidden
ownership interests and outstanding arrest warrants; and
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WHEREAS, the City reasonably believes that the activities described above occur, in the
absence of regulation or with insufficient regulation, regardless of whether the SOBs sell
alcoholic beverages; and
WHEREAS, due to the information noted and/or referred to in the materials in the
appendices regarding the connection of prostitution with adult entertainment businesses,
criminal conduct and sexual conduct involving entertainers and patrons, there is a public health
concern over sexually-transmitted diseases, entertainer safety, criminal enterprises and other
undesirable negative secondary effects of SOBs. These concerns require regulation of SOBs in
order to protect the health, safety and well-being of the City, its neighborhoods, the public and
the entertainers; and
//. AUTHORITY
WHEREAS, the United States Supreme Court in City of Renton v. Playtime Theatres,
Inc., has recognized that a municipality's "interest in preserving the quality of urban life is one
that must be accorded high respect"; and
WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., also
explained that the First Amendment did not require the City or any other municipality to
conduct new studies or produce evidence independent of that already generated in other cities
as long as the city reasonably believes that the studies and/or evidence that it relies on is
relevant to the problem being addressed; and
WHEREAS, consistent with City of Renton v. Playtime Theatres, Inc., the Barnes v. Glen
Theatre, Inc., decision and other court decisions, the City has reviewed and relies on a variety
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of Washington state and the federal court decisions, various Washington state, national and
international SOB studies, and the studies that those studies relied on, concerning SOBs; and
WHEREAS, the City has both utilized and submitted a number of studies and reports to
the Secondary Effects resource website (secondaryeffectsresearch.com). Some of the
materials that the City has reviewed were graciously shared by the City of Bothell and other
materials were simply found on the Internet or requested from specific jurisdictions; and
WHEREAS, some of the studies and court decisions, including but not limited to United
States v. O'Brien, City of Renton v. Playtime Theatres, Inc., and O'Day v. King County, establish
that municipalities may promulgate and enforce special regulatory treatment that relate to
"time, place and manner" regulations as long as the municipality can demonstrate that it has a
substantial governmental interest in regulating SOBs and the regulations permit reasonable
alternative means of communication; and
WHEREAS, the City, in an effort to comply with or meet the "content neutral" time,
place and manner test of United States v. O'Brien, attempts to 1) regulate in a manner
consistent with the power of the government; 2) further an important or significant
governmental interest; and 3) ensure that interest is unrelated to suppressing speech; and 4)
ensure that any incidental restrictions on speech are no greater than required to further that
interest. Therefore, as noted below, there are sufficient important and substantial government
interests to provide a constitutional basis for reasonable time, place, and manner regulations
under which SOBs can operate; and
WHEREAS, the City, attempts to comply with or meet the ordinance validity test of City
of Renton v. Playtime Theatres, Inc., 1) by not banning SOBs altogether, but rather limiting
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their distance from other SOBs and sensitive places; 2) by not focusing on the alleged message
of the SOB performances or conduct, but rather focusing on and addressing the negative
secondary effects of SOBs; and 3) by designing the ordinance to serve a plethora of substantial
governmental interests, including but not limited to reducing crime, protecting the patrons, the
entertainers, families, and minors, and maintaining property values; and
WHEREAS, the City seeks to overcome the "shoddy data or reasoning" test of City of Los
Angeles v. Alameda Books, by acknowledging preliminarily the bases for the City's ordinance
and by relying on the court decisions, the referenced studies in those court decisions and the
court decisions, specific studies, reports and articles noted in the Appendices; and
WHEREAS, the New York State Court of Appeals, the highest court in New York State, in
For the People's Theater v. City of New York found that "Alameda Books confirms that the
reasonable discretion accorded most local legislative actions extends to adult use zoning. A
local government implementing zoning that affects adult businesses must have a legislative
record that establishes a substantial governmental interest in the subject matter of the
regulation to justify restrictions on protected speech; however, the local government retains
discretion to make its findings from studies or other supportive information before it, and to
draw reasonable conclusions about which regulatory techniques will be most beneficial in
addressing the findings."
WHEREAS, the City in this resolution considers the experiences, studies and conclusions
of various Washington state municipalities of the specific adverse impacts of SOBs including
nude and seminude dancing, as permitted by the United States and the Washington State
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Supreme Courts, as well as the experiences, studies and conclusions of various cities and/or
towns throughout the United States; and
WHEREAS, the decisions in Paris Adult Theatre I v. Slaton, Barnes v. Glen Theatre, Inc.,
and Seattle v. Marshall, as well as other court decisions, state that governmental bodies have a
right to enact laws to maintain a decent society; and
WHEREAS, as stated in Center for Fair Public Policy v. Maricopa County, and other
court decisions, it is axiomatic that a community's interest in curbing negative secondary effects
associated with SOBs is substantial; and that anecdotal evidence and reported experience can
be as telling as statistical data and can serve as a legitimate basis for finding negative secondary
effects; and
WHEREAS, the Washington State Supreme Court stated in Seattle v. Buchanan that
courts lack the constitutional authority to decide the wisdom and necessity of an ordinance; the
Court cited the United States Supreme Court in Goesaert v. Cleary, to note that "[t]he
Constitution does not require legislatures to reflect sociological insight, or shifting social
standards, any more than it requires them to keep abreast of the latest scientific standards";
and other cases support Seattle v. Buchanan including but not limited to City of Los Angeles v.
Alameda Books, G.M. Enterprises, Inc. v. Town of St. Joseph, Wl, and Imaginary Images, Inc. v.
Evans; and
WHEREAS, this resolution in intended to be reliable evidence for the City Council
identifying the adverse or negative secondary impacts of SOBs providing adult entertainment
undertaken by the City prior to its adoption of an ordinance regulating the location of SOBs;
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such evidence resulted in findings of fact adopted by the City Council and approved by the
United States Supreme Court in City of Renton v. Playtime Theatres; and
WHEREAS, the City seeks to regulate only the negative secondary effects of SOBs, and
does not intend to regulate the content of the entertainment, unless that content is obscene
consistent with court decisions including but not limited to 44 Liquormart v. Rhode Island; and
WHEREAS, for purposes of any future ordinances regulating SOBs, they are hereby
defined as:
1. Adult media, arcades, theaters and video stores;
2. So-called gentleman's club/strip clubs, adult cabarets;
3. Video peep booth business, or adult entertainment establishments; and/or
4. Any other business or sexual encounter establishment that features persons
appearing in a state of nudity or live performances or photographic reproductions
depicting or describing "specified sexual activities or specified anatomical areas;"
and
///. CRIMINAL CONDUCT AND/OR CONTACT
WHEREAS, the City reasonably believes, based on its experiences with criminal sexual
activity in or around SOBs, including some alleged "spas" and "massage parlors", the court
decisions, studies, and articles listed in the appendices, and by browsing internet blogs, that
improper and illegal contact occurs in SOBs purporting to be engaged in a lawful business
enterprise; and
WHEREAS, the City, like King County in O'Day v. King County, Indiana in Barnes v. Glen
Theatre, Pennsylvania in City of Erie v. Pap's A.M., SOB, Inc. v. County of Benton, World Wide
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Video of Washington, Inc. v. City of Spokane, and legions of cities and counties throughout the
United States, has a legitimate interest in preventing contact between nude entertainers and
patrons thereby preventing otherwise-possible illegal public sexual contact and from the other
types of criminal activity historically linked to the SOBs, thereby regulating conduct not
expression; and
WHEREAS, in Barnes v. Glen Theatre, a plurality found that an Indiana statute that
prevented nudity was justified under Indiana law and the United States Constitution by the
state's traditional interest in regulating conduct to promote order and morality; and
WHEREAS, in City of Erie v. Pap's A.M., the Court found that the ordinance regulated
negative secondary effects, that any impact on erotic "speech" was de minimis, and the court
refused to second-guess the motive for the legislation; and
WHEREAS, in SOB, Inc. v. County of Benton, the Eighth Circuit surmised that live nude
dancing restrictions may address negative secondary effects, such as drug use, prostitution, tax
evasion, and fraud.
A. Criminal conduct to be eliminated or mitigated.
WHEREAS, by browsing recent Internet blogs the City has learned that public and openly
discussed sexual and criminal occurrences in the Seattle metropolitan area SOBs occur:
One SOB patron stated "[a] month ago, this place had possibility: the
owner has apparently proven he doesn't grasp the basics of a strip club ecology.
So unless I start hearing that all my old Rick's (referring to a now-closed strip
club) favorites still under the age of 35 are sucking and fucking in the VIP with
wild abandon at cut-rate prices, I'll not be going back";
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Another SOB patron stated "[a]nd apparently when I told my story of
how I first got started at Rick's with Candy Cotton bursting my strip club VIP
cherry way back when, she shocked me by saying CC was still working in the
area";
Another SOB patron boasted that "within 2 minutes of walking in I was
having sex with a stunner named Candy in the VIP lounge. $115 was the damage.
It doesn't get that easy even in Thailand";
Finally, another SOB patron explained that his tour of a SOB revealed that
there was "$20 'VIP' couches with they're [sic] own little stages so the girls can
either get naked for you personally or come grind on you on the couch" and "it
was hinted that things would get more raunchy with better tips"; and
WHEREAS, in O'Day v. King County, entertainers were charged with crimes for exposing
their breasts below the areola, exposing public hair, rubbing breasts or buttocks or touching the
genital area of customers and simulating acts of sex; the state supreme court noted that while
nude dancer communication and expression are constitutionally protected, public nudity is not;
obscenity is measured against community standards; the stage distance requirement served
the lawful purpose of preventing potentially sexual contact between entertainers and patrons;
and that "license requirements and sanctions have not been shown to infringe on any
fundamental interest for the purpose of equal protection analysis"; and
WHEREAS, in World Wide Video of Washington, Inc. v. City of Spokane, Spokane had
relied on citizen testimony linking off-site businesses with pornographic litter and public
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lewdness, and this evidence, standing alone, was sufficient to meet the "very little" evidence
standard of Alameda Books; and
WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of
Denver noted that in addition to traffic, noise, and littering, residents complained that they saw
people urinating, masturbating, and soliciting for prostitution in areas adjacent to SOBs; the
most frequent crimes reported included disturbing the peace, public indecency, prostitution,
drug-related violations, loitering, robbery, larceny, theft from motor vehicles, and public
drinking or urinating; and
WHEREAS, a vivid and graphic example of the type of activity sought to be prohibited
was noted in California v. LaRue. In LaRue, the record contained evidence that "in licensed
establishments where 'topless' and 'bottomless' dancers, nude entertainers, and films
displaying sexual acts were shown, numerous incidents of legitimate concern to the
Department had occurred. Customers were found engaging in oral copulation with women
entertainers; customers engaged in public masturbation; and customers placed rolled currency
either directly into the vagina of a female entertainer, or on the bar in order that she might pick
it up herself. Numerous other forms of contact between the mouths of male customers and the
vaginal areas of female performers were reported to have occurred. Prostitution occurred in
and around such licensed premises, and involved some of the female dancers. Indecent
exposure to young girls, attempted rape, rape itself, and assaults on police officers took place
on or immediately adjacent to such premises"; and
WHEREAS, as illustrated in the 2002 Survey, Findings and Recommendations of
Sexually Oriented Businesses. Toledo, Ohio, some dancers were wrapping their breasts around
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the faces of tipping patrons and picking up tips from tippers' laps with their lips, and to prevent
or eliminate the need for patrons to make physical contact with the entertainers as illustrated
in various studies including the 2003 Kentucky Site Visit Analysis: Sexually Oriented
Entertainment & Related Businesses study, any tips that the patron would like to leave for an
entertainer must be placed in a container and not on or in the entertainer or his/her clothing,
strings, orifice, hand or anything connected to the entertainer; and
WHEREAS, in Daytona Grand, Inc. v. City of Daytona Beach, Florida the record contains
statements that during an inspection, entertainers performed lap dances that simulated
intercourse placing their buttocks in the lap of the patrons and began to manipulate their hips
back and forth and up and down, while rubbing their bare breasts in the faces of the patrons
and allowing the patrons to lick and suck their breasts; it was also established through studies
by University of Washington Department of Psychology Professor Dr. William H. George that
alcohol consumption and exposure to erotica resulted in, among other things, greater sexual
arousal in the male patrons; and
WHEREAS, as illustrated in Profitable Exploits: Lap Dancing in the U.K., these
allegations of sexual services being offered at some SOBs, extends well beyond our nation's
borders. Additionally, none of the SOBs visited during the study adhered to the terms and
conditions of their business license. There was evidence that not only were patrons and
entertainers making physical contact, there was evidence that sexual services were being
offered and/or requested in the SOBs; and
WHEREAS, it was noted in Profitable Exploits: Lap Dancing in the U.K.. that dancers had
allowed customers to touch them, sometimes intimately, in contravention of the club's
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entertainment license; undercover officers had been offered sex in a private room by two
dancers for £500; and that plainclothes police officers observed women dancing in a sexually
suggestive manner, and offering the officers sex at a venue outside the club on the condition
that they purchased two bottles of champagne at £80 per bottle; and
WHEREAS, a Seattle P-l article entitled "Prostitution Charges Filed", October 15, 2008,
reported that three women and a man where charged with running massage businesses as
brothels in Renton and Kirkland; that the eight-month investigation was initiated after an ad on
Craigslist and online reviews critiqued the prostitutes; additionally, the business manager was a
35-year old registered sex offender who had previously been convicted of raping a child; and
WHEREAS, another Seattle P-l article entitled "Salons Were Brothels, Feds say: Two-
year investigation brings five arrests at homes, businesses, boat", November 18, 2008,
reported that two men were charged with conspiring to transport women for prostitution and
to launder proceeds from brothels including one in Renton; women offered undercover officers
sex for cash; the managers advertised with catch lines such as "sexy Asians", "hot Asian girls",
and "adult entertainment"; and at the time of the arrests one neighbor, like many noted in this
resolution stated that prostitution is rampant in the neighborhood, she has been propositioned
while walking her dog, and that she was tired of seeing condoms while she walked in her
neighborhood; and
B. Impact of this type of criminal conduct.
WHEREAS, the study An Analysis of the Effects of SOBs on The Surrounding
Neighborhoods in Dallas, Texas explained that not only do SOBs have an actual negative
secondary impact on the surrounding properties, but also that the higher the concentration of
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SOBs in one locale, the greater their impact on the neighborhood. The study identified that the
two primary ways in which SOBs affect the neighborhood are 1) by their presence in the
neighborhood, including signage and advertising, and 2) by the hours of operation and the type
of people who they attract. Specifically, the "presence" of SOBs cause "dead zones" in
commercial areas where shoppers do not want to be associated and where they do not want
their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering,
unsavory people including prostitutes, and noise based on traffic and disturbances; and
WHEREAS, the City also relies on a number of the listed studies including, but not
limited to, the 1991 Final Report to the City of Garden Grove: The Relationship Between Crime
and Adult Business Operations on Garden Grove Boulevard, and Seattle's 1989 Director's
Report, Proposed Land Use Code Text Amendment, Adult Cabarets, to reasonably believe that
crime rises whenever an adult business opens or expands its operation and the change is
statistically significant. Those increases are found in the serious crimes such as assault,
robbery, burglary and theft and in so-called "victimless" drug, alcohol and sex-related offenses.
Additionally, to quote the final report, "when an adult business opens within 1,000 feet of a
tavern (or vice versa) the impact of the adult business on crime is aggravated substantially and
significantly." As a result, some of the conclusions of the report are that no SOB should operate
within 1,000 feet of a residence, and no tavern should be allowed to operate within 1,000 feet
of a SOB and vice versa, which is consistent with cases including Daytona Grand, Inc. v. City of
Daytona Beach, Florida, and G.M. Enterprises, Inc. v. Town of St. Joseph, Wl; and
WHEREAS, the 1989 Minnesota Report of the Attorney General's Working Group on
the Regulation of Sexually Oriented Businesses, noted that there was a close association
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between SOBs and high crime rates; neighbors noted that SOBs resulted in used condoms on
their lawns and sidewalks, sex acts with prostitutes occurred in plain view of children and
families, school-age girls and boys and young women were propositioned for sex, and one
person even reported that he recovered 50 pieces of pornographic material from a church lot
near an SOB. This report also explained how "organized crime" controlled and/or derived
substantial profits from almost all of the pornography in the United States, from the top of the
business down to the "independent smut peddler". In fact, referring to a 1980 Pennsylvania
report, the Minnesota report noted that most pornography stores were "affiliated or owned by
one of three men who had ties with 'nationally known pornography figures who are members
or associates of organized crime families'"; and
WHEREAS, the 1986 Report on Adult Oriented Businesses in Austin, noted, among
other things, that sex-related crime rates were found to be 66% higher in areas with two SOBs
rather than only one SOB. As a result, the City finds it necessary to keep the SOBs as far from
other SOBs as is constitutionally permissible; and
WHEREAS, the Report on Adult Oriented Businesses in Austin relied on several studies
from other states such as:
1. The 1977 Study of Effects of the Concentration of Adult Entertainment
Establishments in the City of Los Angeles, revealed among other things that prostitution in the
study area, Hollywood, was 15 times greater than the city average;
2. The 1978 Staff Report, Amendment to Zoning Regulations. Adult Businesses in C-2
Zone with Conditional Use Permit, also for Los Angeles, found higher sex-related crimes, thefts,
assaults, public intoxication and disturbing the peace near SOBs than non-SOB areas;
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3. The Phoenix, Arizona, 1979 Adult Business Study, discovered among other things
that SOB study areas had 43% more crime and over 500% more sex-related crimes;
4. The Minneapolis, Minnesota's 1978 Effects on Surrounding Area of Adult
Entertainment Businesses, uncovered that there was a statistically significant correlation
between diminished housing values, crime rates and neighborhood deterioration and the
location of SOBs;
5. It also referred to the Adult Entertainment Businesses in Indianapolis: An Analysis,
Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984);
and
WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas,
illustrated that sex-related complaints such as public lewdness, sexual contact, obscenity,
prostitution and solicitation occurred 14 times more in and around SOBs than in or around a
bar; drug-related complaints such as permitting sale, sale or possession of drugs were three
times more frequent in SOBs than in or around a bar; and administrative violations of sex
offenses and drug offenses were eight and 19 times more frequent, respectively, in SOBs than
bars; and criminal drug- and sex-related offenses occurred far more frequently in SOBs than in
bars and could include both employees and customers, while criminal violations involving
minors were more likely to occur in bars. To highlight the point, there were 54 criminal lewd
conduct offenses in SOBs and none in a bar according to this study; and
WHEREAS, Talking Points: HB 2144 - Kansas Community Defense Act provides
testimony from Carolyn McKenzie, a counselor to SOB entertainers, that 18% of the women
were underage when they started stripping at clubs, 90% of them were single mothers
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supporting children, 75% of them had at least one sexually transmitted disease, 41% of them
had a criminal history and 95% of them were using alcohol or [illegal] drugs; and
WHEREAS, Talking Points: HB 2144 - Kansas Community Defense Act also presents
testimony from David Sherman, a former SOB manager for Deja vu strip bars, some of which
are in Washington State, that 80% of the people involved in SOBs were involved in tax evasion
and/or fraud; 90% of the SOB entertainers were using or dealing drugs; 35% of the girls were
involved in prostitution; underage entertainers were frequently employed at SOBs; entertainers
conspired with patrons to commit crimes such as dealing drugs, prostitution, credit card fraud
and even computer theft; SOBs were used to launder counterfeit money for such things as drug
dealing; and approximately 80% of all SOB owners are convicted felons; and
C. Local jurisdictions similar to Renton suffer significant negative secondary effects.
WHEREAS, according to the US Census, the City of Federal Way and the City, between
2006 and 2008, had roughly the same value for housing; percentage-wise, nearly identical
demographics in terms of minority and non-minority population; and nearly identical
demographics based on gender. According to the Washington State Office of Financial
Management, in 2010, the City of Federal Way has a similar population in size to Renton at
slightly less than 90,000 residents. As a result, the City views the City of Federal Way as a city
with potentially similar concerns and therefore also relies on some of the data considered by
the City of Federal Way; and
WHEREAS, the City notes that the City of Federal Way in its 1995 Adult Entertainment
Legislative Record memorandum remarked "that there has never been an instance when an
undercover officer has entered an adult entertainment establishment in the City [of Federal
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Way] when a criminal act was not occurring." Additionally, Federal Way conceded that it "has
insufficient police resources to continue ongoing undercover investigations at these
establishments." The City of Federal Way also observed at a SOB in that city there were
approximately 24 criminal complaints in five months; and
WHEREAS, the City of Federal Way in its study considered that:
1. In 1987 the City of Bellevue, which is immediately north of Renton, had "a high
incident of criminal activity related to primarily prostitution and violations of [its] adult
entertainment ordinance";
2. In the summer of 1994 the City of Tukwila, which is immediately east of Renton,
conducted SOB investigations that resulted in over 500 criminal convictions related primarily to
sex crimes including 70 specifically for prostitution;
3. In the summer of 1981 the City of Kent, which is immediately south of Renton, used
57 hours of on-premises SOB investigations to initiate 162 criminal charges against 21 persons
which amounted to there being a criminal charge every 20 minutes. The offenses were
primarily prostitution and drug related offenses;
4. The City of Bothell found that a SOB can be a regional attraction based on its
findings that of the 321 vehicles parked at the SOB, only eight were registered in the City of
Bothell. In fact, some of the vehicle registrations were from other states; and
5. The cities of Detroit, Ml, and Cleveland, OH, noted that the proliferation of SOBs
added to the appearance of blight and appeared to reflect that crimes such as robbery and rape
doubled; and
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WHEREAS, the City of Federal Way concluded its consideration of negative secondary
uses or impacts by noting other studies conducted revealed that SOBs resulted 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 negative secondary effect of the drain on municipal resources by having to
allocate disproportionate police resources to" SOBs.
D. Conclusions about the negative secondary effect of criminal contact or conduct.
WHEREAS, the City has a significant interest in curtailing public sexual offenses
consistent with the findings in the Fantasyland v. County of San Diego decision; and
WHEREAS, SOBs that allow entertainers to mingle with customers foster an
environment that pressures entertainers into acts of prostitution and other sexual contact with
customers as illustrated by the 2003 Kentucky study Site Visit Analysis: Sexually Oriented
Entertainment & Related Businesses. Regulations that require entertainers to maintain a
certain distance from customers are difficult to enforce and are frequently violated. Restricting
entertainers to a performance area affords the entertainers their constitutional right to express
themselves, while discouraging prostitution and other sexual contact with customers; and
WHEREAS, the City, in an effort to only restrict conduct and unprotected obscene
expression, will prohibit physical contact, require a minimum distance between entertainers
and patrons, and prohibit the exposure of certain body parts to public view except as provided
for by a stage requirement and by an exception for non-obscene dances and exhibitions; and
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WHEREAS, as in Buzzetti v. City of New York, any performance, dance or show that
emphasizes or regularly features the following will be prohibited in any Renton SOB-related
ordinance:
"Specified sexual activities" are: (i) human genitals in a state of sexual
stimulation or arousal; (ii) actual or simulated acts of human masturbation,
sexual intercourse or sodomy; or (iii) fondling or other erotic touching of human
genitals, pubic region, buttock, anus or female breast.
"Specified anatomical areas" are: (i) less than completely and opaquely
concealed: (a) human genitals, pubic region, (b) human buttock, anus, or (c)
female breast below a point immediately above the top of the areola; or (ii)
human male genitals in a discernibly turgid state, even if completely and
opaquely concealed; and
WHEREAS, it was noted in Survey of Texas Appraisers: Secondary Effects of
Sexually-Oriented Businesses on Market Values, "some massage parlors serve as fronts
for sexual activity of various types. There is no Constitutional right to a massage."
"There is thus no Constitutional protection afforded such businesses beyond general
Constitutional rights such as the right to due process. There are, however, legitimate
massage therapists who have professional training, abide by professional codes of ethics
and offer non-sexual services that are beneficial to many people"; and
WHEREAS, as a result of the City's reoccurring and long-standing problem with
prostitution occurring in alleged massage, massage alternative and related spas or
parlors, undercover operations that involved "massages therapists" disrobing, climbing
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on top of undercover officers, touching the officers' genitalia, and/or offering a variety
of sexual encounters; and that these operations have resulted in a number of successful
criminal prosecutions; and the fact that some of these "spas" or "parlors" advertise
based on the appearance of the "girls", that some of the massage therapists have long
fingernails that seem to suggest that they would have a difficult time massaging anyone;
and consistent with the findings in Minnesota's Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses, and Survey of
Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market
Values, in addition to each masseuse, massage therapist, or alternative treatment
therapist having to be licensed with the City and the State of Washington, these people
shall be prohibited from administering massages or "treatments" to persons of the
opposite sex; and
WHEREAS, Renton will ban massage establishments except those operated by
licensed massage therapists or as parts of clinics operated and supervised by licensed
medical professionals; and
WHEREAS, even if these conclusions from those intimately involved in or close to SOBs
are exaggerated, talking half of the numbers or percentages would still leave significant
problems that cannot be ignored. Each of the foregoing negative secondary effects constitutes
a harm which the City has a substantial governmental interest in preventing and/or abating.
This substantial governmental interest in preventing the negative secondary effects, which is
the City's rationale, exists independent of any comparative analysis between SOBs and non-
SOBs. That said, the 2009 study An Assessment of the Adult Entertainment Industry in Texas
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did compare and demonstrate an increase in sex-related offenses at SOBs as compared to non-
SOBs. Additionally, the City's interest in regulating SOBs extends to preventing future negative
secondary effects of either current or future SOBs that may seek to operate in the City of
Renton; and
WHEREAS, in an effort to follow and comply with O'Day v. King County, the City will
enforce a distance requirement thereby regulating conduct and not speech; and
WHEREAS, as recommended in the 1989 Minnesota Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses, in addition to traditional
prosecution, RICO prosecution at the state (RCW 9A.82, Criminal Profiteering Act) or federal
level, forfeiture of property, revocation of a business license and related penalties may be
warranted; and
IV. PROPERTY VALUES AND SOB
IMPACT ON NEIGHBORHOODS AND BUSINESSES
WHEREAS, the City reasonably believes that SOBs have a significant and well-
documented history of actual negative secondary effects on neighborhoods and surrounding
properties; and
WHEREAS, numerous studies, including but not limited to An Analysis of the Effects of
SOBs on The Surrounding Neighborhoods in Dallas. Texas, note that SOBs have an actual
negative secondary impact on the surrounding properties in part by their presence in the
neighborhood, including signage and advertising and specifically, because SOBs cause "dead
zones" in commercial areas where shoppers do not want to be associated and where they do
not want their children to walk, and the "hours and clientele" of SOBs result in more crime,
20
RESOLUTION NO. 4090
loitering, unsavory people including prostitutes, and noise based on traffic and disturbances;
and
WHEREAS, the 2008 Pennsylvania State Resolution No. 245, noted that the landmark
New York City Adult Entertainment Study concluded that the presence of SOBs tend to
produce negative secondary effects such as increased crime, decreased property values and
reduced shopping and commercial activities. Specifically, the Pennsylvania resolution referred
to the following studies:
1. The 1984 Adult Entertainment Businesses in Indianapolis: An Analysis, which found
that the average annual rate for major crimes in areas with adult uses was 23% higher than the
corresponding rate for control areas, and the rate for sex-related crimes was 77% higher in the
study area than the control area;
2. The 1986 Report on Adult Oriented Businesses in Austin (which was not referred to
by name in the Pennsylvania resolution), which found that areas with SOBs had sex-related
crimes two to five times the citywide average and 66% higher in study areas than control areas;
3. The resolution refers to the studies of Cleveland, Los Angeles and elsewhere that
note that crime rates rise between 15% to 77% in areas with SOBs from areas without SOBs;
and
4. A report by the American Planning Association which found that real estate
professionals believe that SOBs have a significant negative impact on both residential and
commercial properties; and
WHEREAS, real estate appraisers have testified that the presence of SOBs in an area
depresses property and rental values. The Adult Entertainment Businesses in Indianapolis: An
21
RESOLUTION NO. 4090
Analysis reveals that at the time when the Indianapolis residential housing market saw a
decrease of 50% in listings, listings within the study areas increased thereby resulting in twice
as many houses being placed on the market at substantially lower prices than would have been
expected. Indiana's national survey of certified real estate appraisers revealed that of those
asked, 75% of the real estate appraisers felt that even an adult bookstore (generally perceived
as less offensive than a strip club), located within one block would have a negative effect on the
property values; specifically, 80% of appraisers believed that there would be a negative impact
on residential property values within one block of an SOB, and 72% of appraisers felt that
commercial property values would be negatively impacted by having a SOB within one block;
and
WHEREAS, of those same real estate appraisers, 64% for residential properties and 77%
for commercial properties, believed that those respective neighborhoods would be negatively
impacted by the presence of an adult bookstore located three blocks from the neighborhood;
and while recognizing that the statistics do not absolutely prove the negative secondary
impacts listed, they concluded that it was reasonable and prudent for a municipality to exercise
its zoning power to regulate SOBs and to mitigate those secondary impacts. These findings are
consistent with the general findings related to property value in 1991 Final Report to the City
of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden
Grove Boulevard: and
WHEREAS, the City of Austin's 1986 Report on Adult Oriented Businesses in Austin
revealed that real estate and lending firms generally noted that SOBs make homes less
attractive to families, thus lowering demand and property values, and others stated that SOBs
22
RESOLUTION NO. 4090
lead mortgage underwriters to believe that the neighborhood is in decline, this making 90-95%
of financing more difficult. Austin's report also noted that Amarillo, Texas found in addition to
higher crime rates near SOBs, the late operating hours of most SOBs created special problems
to surrounding neighborhoods in the form of noise, glare and traffic. Beaumont, Texas's study
revealed that the concentration of SOBs drove away neighborhood commercial stores and
contributed to an increase in crimes such as prostitution, drug offenses and muggings; and
WHEREAS, these findings are corroborated by the 2008 Survey of Texas Appraisers:
Secondary Effects of Sexually-Oriented Businesses on Market Values, which remarks that the
businesses or uses with the greatest negative impact on market value of a single-family home if
located within 500 feet are Adult Media & Video Store, retail sales only (97%), the so-called
Gentleman's Club/Strip Club (96%), Video Peep Booth Business (96%), followed by a landfill
(96%) and a homeless shelter (95%). The study also notes that these same businesses or uses
only begin to have no measureable impact at a distance of more than a half-mile (2,640 feet)
from a single-family home; and
WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of
Denver, revealed that the most frequently mentioned negative secondary impacts were
neighborhood appearance, litter, traffic and decreased property values; and
WHEREAS, the 1989 Minnesota Report of the Attorney General's Working Group on
the Regulation of Sexually Oriented Businesses, suggests that communities should adopt
zoning ordinances which set distances between SOBs, SOBs and liquor establishments, restrict
use to one building, and set distance requirements between SOBs and sensitive areas or uses,
including but not limited to residential areas, schools, child care facilities, churches and parks.
23
RESOLUTION NO. 4090
Minnesota's studies noted that there was a close association between SOBs, and low housing
values in a neighborhood; and
WHEREAS, the City of Des Moines, WA, conducted Des Moines Adult Use Study in 1984
and found, in addition to the typical perceived or anticipated concerns about SOBs, that public
perception of SOBs in Des Moines resulted in numerous business failures in commercial areas
near the Des Moines SOB. This was evidenced by the fact that business turnover around the
SOB was approximately four times the average in other comparable areas in downtown Des
Moines; and
WHEREAS, the Des Moines' study also revealed that SOBs do in fact, and did in fact,
deter people from shopping in the vicinity of the SOB causing serious negative economic
impact, people perceived that the downtown business area was severely deteriorated to some
degree because of the SOB, and the SOB thwarted or was anticipated to thwart revitalization
efforts in Des Moines; and
WHEREAS, as noted in Seattle's 1989 Director's Report. Proposed Land Use Code Text
Amendment. Adult Cabarets, and 2006 Adult Cabarets in Seattle, in addition to fear about a
variety of crime, citizens also had concerns about declining property values and increasing
insurance rates; and
WHEREAS, according to Adult Business Study. Town and Village of Ellicottville.
Cattaraugus County, New York, even locations, such as Ellicottville, NY, which at the time of
their study had no SOBs found that residential properties, historic business districts, churches,
child care facilities, parks, playgrounds and civic facilities were "most sensitive to the adverse
effects of adult uses"; and
24
RESOLUTION NO. 4090
WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., concluded
that "reasonable alternative avenues" for erotic conduct existed when the City left
approximately 520 acres, or more than five percent of the entire city, available to potential
adult theater sites, despite that fact that most of the acreage might not be "commercially
viable". Additionally, the Court stated that SOB owners like other commercial business owners
"must fend for themselves in the real estate market, on an equal footing with other prospective
purchasers and lessees, does not give rise to a First Amendment violation"; and
WHEREAS, in furtherance of and in a justified use of the City's police powers, for the
purpose of protecting the general welfare, public health, safety, peace, property values,
reputation and tranquility of Renton, its residents, and its guests, any ordinance regulating
SOBs shall prohibit SOBs from being within 1,000 feet of the listed sensitive areas:
1. A residential zone;
2. A family dwelling;
3. A church, synagogue, temple or other recognized house of worship;
4. A park or playground;
5. A school;
6. A day care center or community center;
7. A youth-oriented business
8. A public library;
9. Another SOB;
10. An alcohol serving tavern, bar, dance hall, restaurant or similar business, or
11. A motel or hotel that offer rooms for an less than a full evening or night; and
25
RESOLUTION NO. 4090
V. NO ALCOHOL MAYBE SERVED AT SOBs
WHEREAS, consistent with the finding of the New York State Court of Appeals in New
York State Liquor Authority v. Bellanca, the City reasonably believes that money, nudity and
liquor or alcohol all too often result in undesirable conduct in public and/or unlawful
transactions in private; and
WHEREAS, it has been established in court decisions, including but not limited to Barnes
v. Glen Theatre, Inc.; City of Erie v. Pap's A.M.; California v. LaRue; Daytona Grand, Inc. v. City
of Daytona Beach, Florida; New York State Liquor Authority v. Bellanca; For the People's
Theater v. City of New York; and Fantasyland v. County of San Diego; that the City may rely on
prior court decisions for findings of negative secondary effects and in these cases that courts
have found that the SOB ordinances sought to eliminate or mitigate the negative secondary
effects such as prostitution, attempted rape, rape, murder, and assaults on police officers in
and around establishments dealing in alcoholic beverages, that actual and simulated nudity and
sexual conduct and the depiction thereof coupled with alcohol in public places begets
undesirable behavior, that sexual, lewd, lascivious, and salacious conduct among patrons and
employees within establishments dealing in alcoholic beverages results in violation of law and
dangers to the health, safety and welfare of the public; and
WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas
detected a relationship between alcohol consumption and incidents of violence and sexual
violence against women. Finally the analysis on the frequency of rape (23%), threats of rape
(48%), in a SOB and general allegations of sexual contact, underage girls working, young women
being trafficked into a SOB was startling; and
26
RESOLUTION NO. 4°90
WHEREAS, for the purpose of mitigating the negative secondary effects noted in various
studies including but not limited to the 1991 Final Report to the City of Garden Grove: The
Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and
the 1998 A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver,
and cases including but not limited to Daytona Grand, Inc. v. City of Daytona Beach, Florida,
the City will require that no SOB operate within 1,000 feet of an alcohol-serving tavern, bar,
dance hall, restaurant or similar business; and
VI. LICENSING REQUIREMENT
WHEREAS, the City reasonably believes that each SOB, SOB employee, and SOB owner
must be licensed in the City of Renton as a prerequisite to the SOB operating in the City
because in the absence of regulation the City reasonably believes that the exploitation of
minors, women, aliens and resident aliens, as well as local, state and federal crimes occur; and
WHEREAS, under Young v. American Mini Theatres, Inc., and Northend Cinema v. City
of Seattle, the City's planning effort must be accorded a sufficient degree of flexibility for
experimentation and innovation; and
WHEREAS, based on various studies including but not limited to the 2009 An
Assessment of the Adult Entertainment Industry in Texas, the 2003 Kentucky Site Visit
Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 -
Kansas Community Defense Act, the 2002 and 2004 Sexually Oriented Businesses. An Insider's
View reports, the 1997 Strip Club Testimony, Profitable Exploits: Lap Dancing in the U.K., and
anecdotal incidents of stripper prostitution, thefts, and conspiracy to commit the same, and to
protect the general welfare, public health, safety, peace, property values, reputation and
27
RESOLUTION NO. 4090
tranquility of the City, its residents, and its guests, to prevent the exploitation of minors, to
ensure that each SOB entertainer is an adult, to ensure that SOB entertainers have not assumed
a false name which would make regulation of the entertainer difficult or impossible, and to
ensure that those who have been convicted or pled nolo contendere for prostitution, sexual
offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10
years, do not engage and do not have an opportunity to engage in that conduct at the SOB or in
the City, it is necessary to license entertainers in SOBs, and SOB owners, investors and/or
managers; and
WHEREAS, under the World Wide Video v. City of Tukwila court decision, reasonable
license fees are permissible if required and designed to defray the substantial expenses
incurred by Code Compliance, the Police Department, the City Attorney's Office, the Court, the
Finance and Information Technology Department, the Hearing Examiner's Office or any other
department or unit of the City of Renton involved in regulating SOBs or enforcing laws related
to SOBs; and
WHEREAS, under various sources, including but not limited to the 2002 Sexually
Oriented Businesses, An Insider's View report, it has been found that, in the absence of
regulation, some known and some unknown or hidden owners or proprietors have used SOBs
for the purposes of skimming profits, avoiding the payment of taxes, money laundering and
counterfeit money exchanging. It has also been found that some of these persons with
ownership interests have ties or history with organized and white-collar crime elements. In an
effort to follow and comply with the World Wide Video v. City of Tukwila court decision, and in
order to effectively protect the general welfare, public health, safety, peace, reputation and
28
RESOLUTION NO. 4090
tranquility of the City, its residents, and its guests, each owner or person with an financial
interest or whom derives financial benefit from an SOB doing business in Renton must fully and
completely apprise the City of their SOB financial interest. This information shall be in the form
of a sworn statement, and must be updated at the time that the SOB's business license is
renewed; and
WHEREAS, in City of Littleton, Colo. v. Z.J. Gifts D-4, LLC, the United States Supreme
Court held that there must be "prompt judicial review" in the context of SOB licensing schemes;
and
WHEREAS, in FW/PBS, Inc. v. City of Dallas, (holding modified by City of Littleton, Colo,
v. Z.J. Gifts D-4, LLC, supra), the municipality must make the licensing decision within a
specified and reasonable time period during which the status quo is maintained, and second,
prompt judicial review must be available in the event that the license is erroneously denied;
and
WHEREAS, in A Report on the Secondary Impacts of Adult Use Businesses in the City of
Denver, it was noted that most SOBs in Denver have had their business licenses suspended due
to public indecency, including masturbation, fondling and deviate sexual intercourse; and
WHEREAS, in Report of the Attorney General's Working Group on the Regulation of
Sexually Oriented Businesses, Minnesota's Attorney General's Office recommended among
other things, that communities should adopt regulations which authorize denial or revocation
of licenses when the SOB licensee has committed offenses relevant to the operation of the SOB;
and
29
RESOLUTION NO. 4090
WHEREAS, consistent with the City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., decision,
SOB licenses shall be denied if the applicant 1) is underage; 2) provides false or incomplete
information; 3) has had within the prior five years an adult business license revoked or
suspended; 4) has operated an adult business anywhere that was determined to be a public
nuisance within the prior five years; 5) if a corporation is not authorized to do business in the
state; 6) has not timely paid taxes, fees, fines, or penalties; 7) has not obtained a sales tax
license (for which zoning compliance is required); or 8) has been convicted or pled nolo
contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or
financial crimes within the prior 10 years; and
WHEREAS, in an effort to follow and comply with the World Wide Video v. City of
Tukwila and City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., decisions, absent some extraordinary
circumstance, all licensing and permit decisions related to SOBs and SOB managers, owners and
employees shall be completed promptly in accordance with state law; and
WHEREAS, owners or managers of a SOB shall maintain records, statements, books, or
accounts necessary to determine the amount of tax and business license fee for which the
owner or manager is liable; and
WHEREAS, as a condition of licensure, the appropriate City representative or his or her
designee, bearing adequate credentials, shall have the right to enter any licensed premises at
any time during business hours without notice to insure compliance with the ordinance, and it
shall be unlawful for a person to prevent or deny any such entry. Failure to permit the
inspection shall be a basis to close the SOB and review its business license and all licenses or
permits related to the business. Such inspections, in the absence of any recent violation, should
30
RESOLUTION NO. 4090
be conducted no more than five times a month. That representative or designee shall have
authority to view any area open to the public or available to patrons consistent with Annex
Books, Inc. v. City of Indianapolis. Considering the potential, and frequently present, violations
of law and risks to the public health and sanitation, the representative or designee shall have
the power to determine if such areas open to the public or available to patrons of the SOB are
in a sanitary condition, and no warrant is necessary as:
1. There is a substantial governmental interest that informs the regulatory scheme
pursuant to which the inspection is made;
2. The warrantless inspection is necessary to further the regulatory scheme; and
3. The ordinance's inspection program, in terms of the certainty and regularity of its
application, provides a constitutionally adequate substitute for a warrant; and
WHEREAS, under various sources including but not limited to the 2002 Sexually
Oriented Businesses, An Insider's View report, there is a likelihood that persons who violate
adult entertainment regulations are repeat offenders, and to deter unlawful behavior the SOB
regulations shall include provisions to deny or revoke a license to perform, manage or be
employed at an SOB if that person is shown to have violated SOB laws in the past; and
WHEREAS, it is necessary to have a licensed manager on the premises of any and all
SOBs at all times of operation so that the manager(s) will be responsible for the conduct of or in
the establishment, including the actions of entertainers, other employees, and patrons. This
person will be required to have cleared a criminal and tax background check and affirm that he
is not working with and/or for, officially or unofficially, any person who has been convicted or
pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy,
31
RESOLUTION NO. 4090
tax or financial crimes within the prior 10 years to ensure that persons with that history do not
engage and do not have an opportunity to engage in that conduct at the SOB or in the City of
Renton based on various studies, including but not limited to the 2003 Kentucky Site Visit
Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 -
Kansas Community Defense Act, Sexually Oriented Businesses, An Insider's View reports from
2002 and 2004, Strip Club Testimony, from 1997, and anecdotal incidents of money laundering,
tax evasion, prostitution, thefts and conspiracy to do the same; and
WHEREAS, consistent with the United States Supreme Court decision in Arcara v. Cloud
Books, Inc., and because this is not a prior restraint on the dissemination of materials and
because the closure has nothing to do with expressive conduct, the City may close any SOB for
one year if a licensee, owner or manager permits masturbation, fellatio, solicitation for
prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes to
occur on the premises or on SOB property; and
WHEREAS, a license to operate a SOB shall be revoked after a hearing before the
appropriate City designee if: 1) the license had been suspended within the past year; 2) the
licensee gave false information to the licensing officer or City; 3) the licensee or an employee
had knowingly permitted the use or sale of a controlled substance; or 4) had knowingly allowed
prostitution; or 5) had knowingly operated during a period when the license was suspended;
and 6) excepting private rooms in motels, had knowingly allowed a variety of sexual conduct to
occur; and
WHEREAS, businesses alleging that they are private social clubs will be analyzed under
the standard set forth in Hendricks v. Commonwealth. In Hendricks, the Kentucky Supreme
32
RESOLUTION NO. 4090
Court, in order to determine the legitimacy of the "members-only" organization considered a
variety of factors from various other state court decisions and the United States v. Lansdowne
Swim Club decision. The factors that the City will consider are:
1. The substantiality of membership dues;
2. The lack of a numerical limit on club membership;
3. The membership's control over the selection of new members;
4. The formality or lack of formality of the admission procedures;
5. The standard for admission;
6. The membership's control or lack of control over the operation of the club;
7. The purpose of the club's existence;
8. The use of the facility by non-members; and
9. The history of the organization; and
VII. ENTERTAINERS MUST BE EMPLOYEES
WHEREAS, the City reasonably believes, as it was noted in Profitable Exploits: Lap
Dancing in the U.K., entertainers were not employees and as a result they had no employment
rights. They paid to work at the SOB, thereby resulting in a feeling of pressure to secure private
dances to generate revenue, especially if they were in debt to the SOB; they had no dedicated
dressing rooms; they endured threats of physical violence and demands for sex; and private
"dances" were the only legitimate way for entertainers to make money; and
WHEREAS, to address the problem of no Fair Labor Standards Act (FLSA), health care,
sick days or state or federal benefits or protections for entertainers, the City requires that SOBs
hire entertainers as employees rather than independent contractors. Based on the 2002 An
33
RESOLUTION NO. 4°90
Inside Look: The Life of the Exotic Dancer Profitable Exploits: Lap Dancing in the U.K., 2002 An
Inside Look: The Life of the Exotic Dancer, the 2002 and 2004 Sexually Oriented Businesses,
An Insider's View reports, the 1997 Strip Club Testimony, and other reports and/or court
decisions, the City reasonably believes that this is appropriate and necessary since many SOBs
control when entertainers will work, the amount of hours they work, the amount of nudity, the
number of songs or dances, the order in which the entertainers perform, and the length and/or
nature of employment, including whether an entertainers may perform at a different SOB; and
WHEREAS, based on various studies including but not limited to the 2002 An Inside
Look: The Life of the Exotic Dancer. 2002 Survey, Findings and Recommendations of Sexually
Oriented Businesses, Toledo, Ohio, the 2010 Talking Points: HB 2144 - Kansas Community
Defense Act, the 2002 and 2004 Sexually Oriented Businesses. An Insider's View reports, the
1997 Strip Club Testimony, and anecdotal incidents of money laundering, tax evasion and
related offenses by requiring entertainers to be employees, SOBs can keep more detailed
records for licensing, tax and related reasons. The City, the State of Washington, and the
federal government can reasonably expect to receive a more accurate accounting of the
income generated and more revenues; and
VIII. SAFETY AND HOURS OF BUSINESS
WHEREAS, the City reasonably believes that late hours, insufficient lighting, and
inadequate measures to ensure the safety of entertainers leaving their employment creates an
unreasonable risk for assault, rape, or inappropriate conduct on and/or near public streets and
sidewalks; and
34
RESOLUTION NO. 409Q
WHEREAS, as noted above, the study An Analysis of the Effects of SOBs on The
Surrounding Neighborhoods in Dallas, Texas noted that not only do SOBs have an actual
negative secondary impact on the surrounding properties, but also that the higher the
concentration of SOBs in one locale, the greater their impact on the neighborhood. The study
identified that the two primary ways in which SOBs affect the neighborhood is 1) by their
presence in the neighborhood, including signage and advertising and 2) by the hours of
operation and the type of people who they attract. Specifically, the "presence" of SOBs cause
"dead zones" in commercial areas where shoppers do not want to be associated and where
they do not want their children to walk, and the "hours and clientele" of SOBs result in more
crime, loitering, unsavory people including prostitutes, and noise based on traffic and
disturbances; and
WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas,
considered the regulation measures of other jurisdictions, including but not limited to Ohio,
which in 2007 set statewide standards prohibiting touching of nude dancers and required some
SOBs to end most activity at midnight and suggested among other things, prohibiting closed
and private rooms, implementing drug testing, and considering outdoor lighting and indoor
video surveillance; and
WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of
Denver, noted that the SOBs with the greatest negative impact are adult theaters or
bookstores, which generally operate 24 hours a day, seven days a week; and
WHEREAS, the City, for the purpose of avoiding crime incidental to all-night or late night
SOBs, and because crimes rise steadily after sundown as noted in the 2010 Secondary Effects of
35
RESOLUTION NO. 4090
Sexually-Oriented Businesses, Testimony on Missouri House Bill 1551. requires that SOBs in
Renton operate no earlier than dawn and no later than dusk and not on Sundays as permitted
in Center for Fair Public Policy v. Maricopa County (as the City's objectives would be achieved
less effectively without these regulations). And the City notes, by way of example and to show
that SOBs are being treated at least as well as other regulated alcohol related enterprises, that
in some jurisdictions, Washington winery tasting rooms may only operate 8 hours a day; and
WHEREAS, based on various studies including but not limited to the 2002 and 2004
Sexually Oriented Businesses. An Insider's View reports, the 1997 Strip Club Testimony, the
2002 Survey. Findings and Recommendations of Sexually Oriented Businesses. Toledo. Ohio,
the 2009 An Assessment of the Adult Entertainment Industry in Texas, and anecdotal
incidents of assaults, stalking, harassment and stripper rapes, including but not limited to
"Stripper foils rape attempt in phony livery cab", New York Daily News, February 19, 2008;
"Man found guilty in abduction, rape of woman in Gwynn Oak", Baltimore Sun, January 15,
2010, the City requires outdoor lighting, parking lot surveillance cameras (with police viewing
access), and that SOB entertainers be escorted to their vehicles to ensure their safety; and
WHEREAS, based on various court decisions and studies including but not limited to
Fantasyland v. County of San Diego, the 2009 An Assessment of the Adult Entertainment
Industry in Texas, the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment &
Related Businesses. Talking Points: HB 2144 - Kansas Community Defense Act. Sexually
Oriented Businesses. An Insider's View reports from 2004 and 2006, Strip Club Testimony,
from 1997, and anecdotal incidents of stripper rapes, unlawful sexual contact, groping and
prostitution, in order for the licensed manager(s) and law enforcement to enforce SOB
36
RESOLUTION NO. 4090
regulations, it is necessary to maintain a certain level of visibility upon the premises of SOBs
providing adult live entertainment. Maintaining adequate lighting facilitates detection by
managers and law enforcement of unlawful conduct. This visibility is related not only to lighting
but also to an "openness" requirement so that there are no private, closed or VIP rooms,
booths, or enclosures; this "openness", in addition to aiding in the detection of unlawful
conduct, also addresses potential health concerns with a hope that it decreases the likelihood
of illicit sexual contact or activity and reduces the possible spread of HIV, AIDS or any other
social or communicable disease; and
IX. CONCLUSION
WHEREAS, any incidental restrictions on First Amendment freedom is no greater than is
essential to the furtherance of the City's governmental interests. Since the statutory prohibition
is not a means to some greater end, but an end itself, it is without cavil that the City believes
that its efforts are a proper exercise of its legislative and police powers; that they serve a
legitimate and substantial governmental interest to protect the general welfare, public health,
safety, peace, property values, reputation and tranquility of Renton, its residents, and its
guests; it regulates but does not prohibit this expressive conduct that is within the outer
perimeters of the First Amendment; and it is narrowly tailored and prohibits only what the City
seeks to regulate which is conduct and the time, place, and manner of that conduct; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
37
RESOLUTION NO. 4090
SECTION II. The above findings accurately identify some but not necessarily all of the
authority relied on by the City of Renton and will serve as the basis for the adoption of an
ordinance regulating and licensing SOB businesses, managers, and employees that provide
adult entertainment in the City of Renton; providing for the safety of those businesses, their
employees, potential patrons, and the community; preventing or at least mitigating the typical
criminal secondary effects of SOBs; and preventing or at least mitigating the frequent negative
effects that SOBs have on property values.
PASSED BY THE CITY COUNCIL this 25th day of APRIL 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 25th day of APRIL 2011
Appra»ved as to form:
Lawrence J. Warren, City Attorney
RES:1467:4/20/ll:scr
/
1/
Denis Law, Mayor
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38
RESOLUTION NO. 4090
APPENDIX A
44 Liquormart v. Rhode Island, 517 U.S. 484; 116 S. Ct. 1495; 134 L. Ed. 2d 711 (1995) 6
Annex Books, Inc. v. City of Indianapolis, 333 F. Supp. 2d 773; 2004 U.S. Dist. LEXIS 17341 (S.D.
Ind2004) 31
Arcara v. Cloud Books, Inc., 478 U.S. 697; 106 S. Ct. 3172; 92 L Ed. 2d 568 (1986) 32
Barnes v. Glen Theatre, 501 U.S. 560; 111 S. Ct. 2456; 115 L Ed. 2d 504 (1991) 2, 6, 7, 26
Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998) 18
California v. LaRue, 409 U.S. 109; 93 S. Ct. 390; 34 L Ed. 2d 342 (1972) 26
Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153; 2003 U.S. App. LEXIS 14918
(9th Cir. 2003), cert denied 541 U.S. 973; 124 S. Ct. 1879; 158 L. Ed. 2d 468 (2004) 5, 36
City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (Colo. 1995) 32
City of Erie v. Pap's A.M., 529 U.S. 277; 120 S. Ct. 1382; 146 L Ed. 2d 265 (2000) 26
City of Littleton, Colo. v. Z.J. Gifts D-4, LLC, 541 U.S. 774; 124 S. Ct. 2219; 159 L Ed. 2d 84
(2004) 29,30
City of Los Angeles v. Alameda Books, 535 U.S. 425; 122 S. Ct. 1728; 152 L Ed. 2d 670 (2002) 4,
5,9
City of Renton v. Playtime Theaters, Inc., 475 U.S. 41; 106 S. Ct. 925; 89 L. Ed. 2d 29 (1986) 2, 3,
6,25
Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860; 2007 U.S. App. LEXIS 15361 (11th
Cir. Fla. 2007) 27
Fantasyland v. County of San Diego, 505 F.3d 996; 2007 U.S. App. LEXIS 24097 (9th Cir. 2007)
26,36
For the People's Theater v. City of New York, 6 N.Y.3d 63; 843 N.E.2d 1121; 810 N.Y.S.2d 381;
2005 N.Y. LEXIS 3349 (2005) 26
G.M. Enterprises, Inc. v. Town of St. Joseph, Wl, 350 F.3d 631; 2003 U.S. App. LEXIS 23936 (7th
Cir. 2003), cert, denied, 125 S. Ct. 49,160 L. Ed. 2d 16 (U.S. 2004) 5,12
Goesaert v. Cleary, 335 U.S. 464; 466, 93 L Ed. 163; 69 S. Ct. 198 (1948) 5
Hendricks v. Commonwealth, 865 S.W.2d 332 (Ky. 1993) 33
Imaginary Images, Inc. v. Evans, 2010 U.S. App. LEXIS 14535 (4th Cir. Va. July 15, 2010) 5
New York State Liquor Authority v. Bellanca, 452 U.S. 714; 101 S. Ct. 2599; 69 L. Ed. 2d 357
(1981) 26
Northend Cinema v. City of Seattle, 90 Wn.2d 709; 585 P.2d 1153 (1978) 27
O'Day v. King County, 109 Wn.2d 796; 749 P.2d 142 (1988) 3, 6, 8, 20
Seattle v. Buchanan, 90 Wn.2d 584; 584 P.2d 918 (1978) 5
Seattle v. Marshall, 83 Wn.2d 665; 521 P.2d 693 (1974) 5
SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003), cert, denied, 540 U.S. 820,124 S.
Ct. 104,157 L Ed. 2d 38 (2003) 6, 7
United States v. Lansdowne Swim Club, 713 F. Supp. 785 (E.D.Pa. 1989) 33
United States v. O'Brien, 391 U.S. 367; 88 S. Ct. 1673; 20 L Ed. 2d 672 (1968) 3
World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004), as
amended on denial of reh'g and reh'g en banc, (July 12, 2004) 7, 8
World Wide Video v. City of Tukwila, 111 Wn.2d 382; 816 P.2d 18 (1991) 28, 29, 30
Young v. American Mini Theatres, Inc., 427 U.S. 50; 96 S. Ct. 2440; 49 L. Ed. 2d 310 (1976).... 27
39
RESOLUTION NO. 4090
APPENDIX B
A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, City
Attorney's Office with Contributions from Several City Departments, City Council, January
1998, Denver, CO, p.62 (1998) 14, 15, 18
Adult Business Study, Planning Department, Phoenix, AZ, p.14 (1979) 7
Adult Cabarets in Seattle, Department of Planning and Development, City of Seattle , City
Council, City of Seattle, March 28, 2006, Seattle, WA, p.18 (2006) 12
Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan
Development, Division of Planning, Indianapolis, IN, p.85 (1984) 7,11
Adult Entertainment Legislative Record, Lindell, LK. , Mayor and City Council, City of Federal
Way, Federal Way, WA, p.16, August 1995 8
Adult Entertainment Study, Department of City Planning, New York, New York, 1994.11
Adult Use Zoning Study, Planning Department, City of Kent , City Council, City of Kent,
November, 1982, Kent, WA, p.49 (1982) 8
An Analysis of the Effects of SOBs on Surrounding Neighborhoods in Dallas, Texas, Peter
Malin, MAI, Dallas, TX, p.23 (1997) 6, 10,18
An Assessment of the Adult Entertainment Industry in Texas: Comprehensive Report, Kellison,
B., N. Busch-Armendariz, J. Jarrett, et al., 80th Texas Legislature, March,, Austin, TX, p.202,
(2009) 14,18,19
An Inside Look: The Life of the Exotic Dancer, Schmidt, Devi Maria , Oregon Law Student Paper,
Supervised by Professor C. Forell, Salem,, p.49, (2002) 17
Des Moines (WA) Adult Use Study, R. W. Thorpe & Associates, 1984 12
Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets, Department of
Construction and Land Use, City Council, March 24,1989, Seattle, WA, p.30 (1989)6,12
Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, Division of
Planning, Department of Planning and Economic Development; and Community Crime
Prevention Project, Minnesota Crime Control Planning Board, Saint Paul, MN, p.65 (1978)
7
Man found guilty in abduction, rape of woman in Gwynn Oak, N. Madigan, Baltimore Sun,
January 15, 2010 19
Pennsylvania State Resolution No. 245, The General Assembly of Pennsylvania, February 26,
2008 11
Profitable Exploits: Lap Dancing in the U.K., Bindel, J., Edinborough City Council, August, 2004,
Edinborough, U.K., p.64, (2004) 14, 17
Prostitution Charges Filed, Pulkkinen, L, Seattle P-l, October 15, 2008 6
Report of the Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses, Attorney General's Working Group, p.45 (1989) 15
Report on Adult Oriented Businesses in Austin, Office of Land Development Services, Austin,
TX, p.50 (1986) 7,11
Salons Were Brothels, Feds say: Two-year investigation brings five arrests at homes,
businesses, boat, Castro, H. and Shukovsky, P., Seattle P-l, November 18, 2008 6
Sexually Oriented Businesses An Insider's View, Former Dancer in Strip Clubs from Indiana,
Ohio House Civil and Commercial Law Committee, April 28, 2004 17,18,19
40
RESOLUTION NO. 4090
Sexually Oriented Businesses: An Insider's View, David Sherman, Ohio Senate Judiciary
Committee on Civil Justice, December 3, 2002, p.6, (2002) passim
Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Duncan Associates:
Kelly, E.D. and Cooper, E.B. August 12, 2003 14,16, 19
Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with
Conditional Use Permit, City Planning Commission , Whittier, CA, p.22, (1978) 7
Strip Club Testimony, Kelly Holsopple, 1997 17,18,19
Stripper foils rape attempt in phony livery cab, Alison Gendar, Oren Yaniv and Michael White,
New York Daily News, February 19, 2008 19
Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of
Los Angeles, Department of City Planning, Los Angeles, CA, (1977) 7
Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market
Values, Cook, C and Kelly, E.D. 2008 12
Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio,
Duncan Associates: Eric Damien Kelly and Connie B, Cooper, Toledo, OH, p.51, (2002)17,19
Talking Points: HB 2144 - Kansas Community Defense Act, 2010 18, 19
Testimony on Missouri House Bill 1551, Richard McCleary, Ph.D. , Missouri House of
Representatives, p. 15, March 31, 2010 18
The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard,
McCleary, R. and J.W. Meeker, 1991, Garden Grove, CA, p. 96 14
41