Adult Entertainment Ordinance RevisionsTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Adult Entertainment Ordinance Revisions
DATE: April 30, 2008
In response to correspondence to the attorney for the Adult Warehouse (975 Jackson
Street), Assistant City Attorney Tim O'Brien is recommending some amendments to the
recently passed Adult Entertainment Ordinance. These amendments remove the
requirement that a drawing prepared by a licensed engineer or architect be required as
part of the application process. Other changes clarify that there is no intention to make
these businesses comply with building code and/or other code requirements that for
other businesses would be grandfathered. Finally, an amendment is included to clarify
that the separate restroom requirements for employees and performers does not apply
in the case of an adult entertainment establishment which does not have live
entertainment or prepared food or beverages.
Assistant City Attorney Tim O'Brien believes these changes will help in the enforcement
of the ordinance and will reduce the City's exposure to any claims that adult
entertainment establishments are being treated differently than other businesses with
respect to building and safety code requirements.
concur with the recommendation and respectfully request Mayor and City Council
approval.
" C, ,~ ~!
~ ~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
James O'Brien, Assistant City Attorney
Chad W. Thomas, Moyer & Bergman, P.L.C.
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
.LAMES (TIM A. O~BRIEN, ESQ
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: April 25, 2008
~. ~--
~,
i
RE: Adult Entertainment Ordinance Revisions
Accompanying this memorandum is a proposed ordinance amending the recently
adopted Adult Entertainment Ordinance to clarify and revise several sections of the
ordinance. These changes are offered for the purpose of correcting some ambiguities
and unintended consequences of the previously adopted ordinance. Specifically these
amendments remove the requirement that a drawing prepared by a licensed engineer or
architect be required as part of the application process. It is felt that a diagram which is
accurately dimensioned and scaled should be required in accordance with current
practice among other City departments. An engineer's or architect's certification is not
required for other diagrams reviewed by the Planning Services Department. Other
changes clarify that there is no intention to make these businesses comply with building
code and other code requirements that for other businesses would be grandfathered.
Finally, an amendment is included to clarify that the separate restroom requirements for
employees and performers does not apply in the case of an Adult Entertainment
Establishment which does not have live entertainment or prepared food or beverages. I
believe these changes will help in the enforcement of the ordinance and will reduce the
City's exposure to any claims that Adult Entertainment Establishments are being treated
differently than other businesses with respect to building and safety code requirements.
JAO:tIs
Enclosure
cc: Barry A. Lindahl, City Attorney
F:\USERS\tsteckle\O'Brien\Adult EntertainmentUvlVM AdultEntertainmentOrdinanceRevisions 042508.doc
Preparers James A. O'Brien Address: Suite 330, Harbor View Place 300 Main Street Dubuque.
IA 52001 Telephone: (563) 583-41138550
ORDINANCE NO. 28 -08
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 31 BUSINESS
REGULATIONS, ARTICLE X, SECTION 31.143 APPLICATION; SECTION 31.145
STANDARDS FOR ISSUANCE OR DENIAL OF LICENSE; AND SECTION 31.149
REGULATIONS APPLICABLE TO ALL ADULT ENTERTAINMENT
ESTABLISHMENTS; TO CLARIFY AND REVISE PORTIONS OF THE ORDINANCE
Whereas, the City Council has previously adopted Ordinance No. 25-08,
providing for regulation and licensure of Adult Entertainment Establishments; and
Whereas, the sections addressed below are potentially ambiguous and could
result in interpretive conflicts; and
Whereas, the City council desires to clarify and revise several elements of the
regulations to avoid such problems.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The title of Article X is hereby amended to read as follows:
Article X. Adult Entertainment Establishments.
Section 2. Section 31.143(C)(8) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
31.143 Application.
C. Each application shall include the following information and documents:
8. An accurate dimensioned and scaled diagram showing the internal and
external .configuration of the Adult Entertainment Establishment, including all
doors, windows, entrances, exits, the fixed structural internal features of the
premises, plus interior rooms (identifying the use to which each room will be put),
walls, partitions, stages, performance areas, and restrooms. The diagram shall
also designate the precise location in the Adult Entertainment Establishment
where the Adult Entertainment Establishment Business License will be posted.
Each diagram shall be oriented to the north and some designated street or other
structure, and shall be drawn to its designated scale or with marked dimensions
to an accuracy of plus or minus six inches and sufficient to clearly show the
various interior dimensions of all areas of the licensed premises. The
requirements of this subsection shall not apply for renewal applications provided
the applicant adopts a diagram that was previously submitted for the license
sought to be renewed and provided the applicant certifies that the premises has
not been altered since the immediately preceding issuance of the license and
that the previous diagram continues to accurately depict the interior and exterior
layout of the premises. The approval or use of the diagram required by this
chapter shall not be deemed to be, and shall not be considered or interpreted or
construed to constitute approval pursuant to any other applicable City Codes,
ordinances or regulations.
Section 3. Section 31.145(A)(6) of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
31.145 Standards for Issuance or Denial of License.
A. Issuance. The city manager shall issue or deny an Adult Entertainment
Establishment Business License to an applicant in accordance with the following
standards and based upon the reports, investigations and inspections and
recommendations of the reviewing departments and on any other credible
information on which it is reasonable for the city manager to rely:
6. A violation of city or state building, zoning, health or safety codes or
regulation shall constitute grounds for denial of a license.
2
Section 4. Sections 31.149(A) and 31.149(C) of the City of Dubuque Code of
Ordinances are hereby amended to read as follows:
31.149 Regulations Applicable to all Adult Entertainment Establishments.
A. General Compliance. All Adult Entertainment Establishments shall comply
with the provisions of this chapter and shall not be in violation of other applicable
city ordinances or federal, state and local laws.
C. Restrooms. Separate male and female restrooms shall be provided for
and used by Adult Entertainment Establishment Employees and Performers, and
shall be separate from the restrooms provided for and used by Adult
Entertainment Establishment Patrons. This requirement shall not apply to an
Adult Entertainment Establishment that neither has live entertainment nor
provides prepared food or allows beverages (including all alcoholic beverages)
other than sealed non-alcoholic beverages intended for individual retail sales.
Section 5. This Ordinance shall take effect upon publication.
Passed, approved and adopted the 5th day of May , 2008.
Roy D. Boul, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Article X. Adult Entertainment Establishments.
31.143 Application.
C. Each application shall include the following information and documents:
8. A-An accurate dimensioned and scaled diagram p~°
i~,.an~o~ onry;noor „r ~r~h;+o~+ showing the internal and external configuration of the
Adult Entertainment Establishment, including all doors, windows, entrances, exits, the
fixed structural internal features of the premises, plus interior rooms (identifying the use
to which each room will be put), walls, partitions, stages, performance areas, and
restrooms. The diagram shall also designate the precise location in the Adult
Entertainment Establishment where the Adult Entertainment Establishment Business
License will be posted. Each diagram shall be oriented to the north and some
designated street or other structure, and shall be drawn to its designated scale or with
marked dimensions to an accuracy of plus or minus six inches and sufficient to clearly
show the various interior dimensions of all areas of the licensed premises. The
requirements of this subsection shall not apply for renewal applications provided the
applicant adopts a diagram that was previously submitted for the license sought to be
renewed and provided the applicant certifies that the premises has not been altered
since the immediately preceding issuance of the license and that the previous diagram
continues to accurately depict the interior and exterior layout of the premises. The
approval or use of the diagram required by this chapter shall not be deemed to be, and
shall not be considered or interpreted or construed to constitute approval pursuant to
any other applicable City Codes, ordinances or regulations.
31.145 Standards for Issuance or Denial of License.
A. Issuance. The city manager shall issue or deny an Adult Entertainment
Establishment Business License to an applicant in accordance with the following
standards and based upon the reports, investigations and inspections and
recommendations of the reviewing departments and on any other credible information
on which it is reasonable for the city manager to rely:
6.
;A violation of city or state building,
zoning health or safety codes or regulation shall constitute grounds for denial of a
license.
31.149 Regulations Applicable to all Adult Entertainment Establishments.
4
A. General Compliance. All Adult Entertainment Establishments shall comply with
the provisions of this chapter -at4and shall not be in violation of other applicable city
ordinances, or federal, state
and local laws.
31.149 Regulations Applicable to all Adult Entertainment Establishments.
C. Restrooms. Separate male and female restrooms shall be provided for and used
by Adult Entertainment Establishment Employees and Performers, and shall be
separate from the restrooms provided for and used by Adult Entertainment
Establishment Patrons. This requirement shall not apply to an Adult Entertainment
Establishment that neither has live entertainment nor provides prepared food or allows
beverages (including all alcoholic beverages) other than sealed non-alcoholic
beverages intended for individual retail sales.
5
ROBERT E. KONCHAR
J. SCOTT BOGGUSS
PHILIP D. BROOKS
KEVIN J. VISSER
RANDAL J.SCHOLER
WILLIAM S. VERNON
ERIC W. LAM
MICHAEL MCDONOUGH~
MARKJ. HERZBERGER
THOMAS D. WOLLE
MATTHEW J. KRIGBAUM~~3
THOMAS N. DEBOOM
BRIAN J. FAGAN
Apri122, 2008
Roy Buol, Mayor
The City of Dubuque
.50 West ] 3th Street
Dubuque, IA 52001
Mo er &
Y
B er man P.L.
g
Attorneys at Law
.,~~lr~'
..~~~/~
MATT J. ADAM
ROBERT S. HATALA
CYNTHIA A. SCHERRMAN SUEPPEL
AMANDA M. D'AMICO
ABBE M. STENSLAND
CHAD W. THOMAS
MATTHEW J. HEKTOENZ
DAWN M. GIBSON
STEPHEN C. NELSON, OF COUNSEL
LARRY G. GUTZ^, OF COUNSEL
WILLIAM A. BERGMAN. RETIRED
WRITER'S E-MAIL
c~cthomas(a~tn~'crbcr~*man.cnm
RE: Chapter 31, Article X -Adult Entertainment Establishment Licensure
The Adult Warehouse, 975 Jackson Street, Dubuque
Dear Mayor Buol:
On May 17th, the Adult Warehouse will, according to your new Licensure ordinance, need to
come into compliance with the restrictions of the new ordinance and obtain a license to operate
in the City of Dubuque. We are asking to be placed on the Agenda for the City Council Meeting
on Monday, May 5`h, 2008, to personally address the City Council, answer any questions, and
seek relief for the items stated below.
The Adult Warehouse has operated for ten years as a responsible business down by the river in
an industrial and warehouse area. The owner provides employment for local citizens; collects
local option sales taxes that fund schools and provide property tax relief; timely pays his
commercial property taxes, without the benefit of any rollback; maintains his property in good
condition and in compliance with applicable codes; is a member of the local Chamber of
Commerce; and supports local civic groups through donations.
The Adult Warehouse is a retail establishment. Customers can purchase or rent videos, view
videos, purchase printed materials, and purchase adult oriented merchandise. It is a retail
establishment that caters to legally permissible adult interests and so only adults are allowed in
the store. Though the Adult Warehouse may not be a Barnes & Noble bookstore, neither is its
stock in trade far outside of the mainstream. Most of its videos are quite comparable to videos
that are routine pay-per-view options at various hotel chains like Marriot or Hilton. Many of its
print materials can be found in bookstores and some convenience stores. Even a fair portion of
the merchandise, particularly the novelty items, can be purchased at a store like Spencer's that is
found in most shopping malls.
CEDAR RAPIDS OFFICE I COMMERCE EXCHANGE BUILDING 12720 FIRST AVENUE NE I CEDAR RAPIDS. IOWA 52402
MAILING ADDRESS: P.O. BOX 7943 I CEDAR RAPIDS, IOWA 5240Fr7943
TELEPHONE: (319) 366-7331 I FACSIMILE: (379) 3663668
^ CORALVILLE /IOWA CITY OFFICE I CITY CENTER SQUARE I 1 700 5TM STREET SUITE 205 I CORALVILLE, IOWA 5224 7
TELEPHONE: (379) 3547079 I FACSIMILE: (379) 3541760
WEST LIBERTY OFFICE 17 27 E THIRD STREET I WEST LIBERTY. IOWA 52776
TELEPHONE: (379) 627-4989
W W W.MOYERBERGMAN. COM
' ALSO LICENSED TO PRACTICE IN: 'NEBRASKA ~ILLINOIS'TEXAS AND WASHINGTON *WISCONSIN
MOYER & BERGMAN, P.L.C.
Apri122, 2008
Page 2
The Adult Warehouse does not sell prepared food or beverages, and the Adult Warehouse does
not sell, serve, or allow alcohol on its premises. It never has and has no intention of doing so,
regardless of the new ordinance. Also regardless of the ordinance, the Adult Warehouse does
not have live entertainment, never has had live entertainment, and has no intention of starting
live entertainment.
The new licensing procedures for the Adult Warehouse came as a bit of a surprise to its owner.
In passing this new ordinance, studies done in other communities were used as the basis to
justify regulating adult entertainment's secondary effects. Those studies in other communities
do not reflect the realities that the Adult Warehouse has seen during its ten years of operation.
Property values have gone up. Between 2006 and 2007, the assessed value of the Adult
Warehouse's property went up sixty-five percent (65%). The staff at the Adult Warehouse have
had few interactions with law enforcement personnel over the last ten years, and when there has
been interaction, it has been staff directly reporting possible criminal acts or behavior to law
enforcement. From the staff's and owner's view, interactions with the local police have been
positive and professional. The owner does not receive complaints from his neighbors and has
not generally heard complaints from the public directed at his store or the conduct of his
employees.
While the owner has not fielded specific complaints about the operation of his store, he is aware
that some people hold genuine convictions about the immorality of adult entertainment,
regardless of its legality. So the surprise of this new ordinance was not so much that some form
of licensing and regulation would be contemplated; the surprise was the scope of the licensing.
That a retail store would be treated the same as a live entertainment venue that provides alcohol
or allows alcohol consumption seemed disproportionate.
A number of the regulations simply do not apply to the Adult Warehouse because there is
nothing to comply with -there is no live entertainment so there is no need to address restrictions
on adult entertainment establishment performers. But other regulations, most notably the
requirement to have four restrooms in 31.149(C), may appear justifiable for a live entertainment
venue that provides food and drink but hardly applicable to a retail establishment; particularly
when non-adult entertainment retail establishments have no requirements to have any restrooms.
Unfortunately, this ordinance, unlike some others, makes no distinction between types of adult
entertainment establishments.
This ordinance is certainly not ideal from the Adult Warehouse's perspective, and its owner
maintains concerns about intrusions into First Amendment freedoms and intrusions into the
privacy rights of employees and customers. Addressing those concerns through litigation has
been contemplated, but as stated above, the Adult Warehouse and its owner have over the last ten
MOYER & BERGMAN, P.L.C.
Apri122, 2008
Page 3
years tried to be good, respectful community members. Part of being a good community
member is trying to work out these differences directly and finding common ground.
Accordingly, the Adult Warehouse would ask the following of the Dubuque City Council:
Amend 31.149(C) to add "This requirement shall not apply to an adult entertainment
establishment that neither has live entertainment nor provides prepared food or
beverages." as a second sentence. This is probably the most important issue as the
physical limitations on the building make installation of four bathrooms nearly
impossible and would force the Adult Warehouse to find a new location in the City of
Dubuque. And so far, the current location has worked well for all concerned.
2. Clarify that 31.145(A)(6) does not require an adult entertainment establishment to
comply with all then-applicable building, zoning, health and safety codes and regulations
in a different manner than any other business. Given the expansive scope of regulation,
some assurance is needed that there is not an expectation, for example, that wiring
installed to code specifications thirty years ago will now need to be redone because code
specification have subsequently changed (unless so dangerous that all businesses are
required to upgrade).
3. Omit the requirement in 31.143(C)(8) that the drawing of the interior of the adult
entertainment establishment be prepared by a licensed engineer or architect. This is an
expense issue for an establishment with a very simple floor plan, and the requirements for
the diagram are not so complex that a lay person could not easily prepare the diagram to
scale on a computer or graph paper.
4. Extend the compliance grace period for existing adult entertainment establishments in
31.142(B) to include the processing time for license applications submitted to the City
Clerk prior to the initial 60 day expiration, Iviay i 7`''. The Adult Warehouse is taking
good faith steps to be able to be eligible for licensure as soon as the above items are
addressed. Despite those good faith efforts, an application filed on May 6th (assuming
some action is taken at the May 5th meeting) might not be approved prior to May 17th
These are reasonable proposals that will allow the Adult Warehouse to continue its legitimate
business without undermining the essential goals identified by the City Council as needing to be
addressed through licensure regulations. The Adult Warehouse is looking for these issues to be
favorably resolved, though the specific language suggested above need not be exact. Alternative
solutions that balance the owner's legitimate business interests with the City of Dubuque's
concerns will certainly be considered. The main hope is to work together, find some common
ground, and resolve this without litigation.
MOYER & BERGMAN, P.L.C.
April 22, 2008
Page 4
We will be present for the City Council Meeting on May 5th to provide additional information,
answer questions, and hear any concerns. If there is any information that you need prior to the
meeting or questions you may want answered in advance, please do not hesitate to give me a call
or an e-mail.
Thank you for your due consideration of these issues, and I look forward to meeting you all on
May St6 to discuss these matters.
Very truly yours,
MOYER AN, P.L.C.
Chad W. Thomas
CWT:jna
cc: The Adult Warehouse
ROBERT E. KONCHAR
J. SCOTT BOGGUSS
PHILIP D. BROOKS ~ O er &
KEVIN J. VISSER
RANDAL J.SCHOLER
WILLIAM S. VERNON R
ERIC W. LAM L er man P
L
MICHAEL MCDONOUGH~ .
.
,
MARKJ. HERZBERGER
Attorneys at Law
THOMAS D. WOLLE
MATTHEW J. KRIGBAUMZ•3
THOMAS N. DEBOOM
BRIAN J. FAGAN
Apri122, 2008
Michael Van Milligen, City Manager
The City of Dubuque
50 West 13th Street
Dubuque, IA 52001
MATTHEW J. ADAM
ROBERT S. HATALA
CYNTHIA A. SCHERRMAN SUEPPEL
AMANDA M. D'AMICO
ABBE M. STENSLAND
CHAD W.THOMAS
MATTHEW J. HEKTOEN~
DAWN M. GIBBON
STEPHEN C. NELSON, OF COUNSEL
LARRY G. GUTZ°. OF COUNSEL
WILLIAM A. BERGMAN, RETIRED
WRITER'S E-MAIL
cw th~>m~is~imo~crbcr~rnan. a Im
RE: Chapter 31, Article X -Adult Entertainment Establishment Licensure
The Adult Warehouse, 9~5 Jackson Street, Dubuque
Dear Mr. Van Milligen:
After May 17th, the Adult Warehouse will, according to your new Licensure ordinance, need to
come into compliance with the restrictions of the new ordinance and obtain a license to operate
in the City of Dubuque. We are asking to be placed on the Agenda for the City Council Meeting
on Monday, May 5th, 2008, to personally address the City Council, answer any questions, and
seek relief for the items stated below.
The Adult Warehouse has operated for ten years as a responsible business down by the river in
an industrial and warehouse area. The owner provides employment for local citizens; collects
local option sales taxes that fund schools and provide property tax relief; timely pays his
commercial property taxes, without the benefit of any rollback; maintains his property in good
condition and in compliance with applicable codes; is a member of the local Chamber of
Commerce; and supports local civic groups through dorLations.
The Adult Warehouse is a retail establishment. Customers can purchase or rent videos, view
videos, purchase printed materials, and purchase adult oriented merchandise. It is a retail
establishment that caters to legally permissible adult interests and so only adults are allowed in
the store. Though the Adult Warehouse may not be a Barnes & Noble bookstore, neither is its
stock in trade far outside of the mainstream. Most of its videos are quite comparable to videos
that are routine pay-per-view options at various hotel chains like Marriot or Hilton. Many of its
print materials can be found in bookstores and some convenience stores. Even a fair portion of
the merchandise, particularly the novelty items, can be purchased at a store like Spencer's that is
found in most shopping malls.
CEDAR RAPIDS OFFICE I COMMERCE EXCHANGE BUILDING 12720 FIRST AVENUE NE I CEDAR RAPIDS, IOWA 52402
MAILING ADDRESS: P.O. BOX 1943 I CEDAR RAPIDS, IOWA 524061943
TELEPHONE: (379) 3667331 I FACSIMILE: (379) 366.3668
^ CORALVILLE /IOWA CITY OFFICE I CITY CENTER SQUARE 17 700 5TM STREET SUITE 205 I CORALVILLE, IOWA 52247
TELEPHONE: (319) 3541079 I FACSIMILE: (379) 3541760
WEST LIBERTY OFFICE 17 27 E THIRD STREET I WEST LIBERTY, IOWA 52776
TELEPHONE: (319) 627,4989
W W W. MOYERBERGMAN.COM
ALSO LICENSED TO PRACTICEIN:'NEBRASKA ~ILLINOIS'iEXAS AND WASHINGTON °WISCONSIN
MOYER & BERGMAN, P.L.C.
Apri122, 2008
Page 2
The Adult Warehouse does not sell prepared food or beverages, and the Adult Warehouse does
not sell, serve, or allow alcohol on its premises. It never has and has no intention of doing so,
regardless of the new ordinance. Also regardless of the ordinance, the Adult Warehouse does
not have live entertainment, never has had live entertainment, and has no intention of starting
live entertainment.
The new licensing procedures for the Adult Warehouse came as a bit of a surprise to its owner.
In passing this new ordinance, studies done in other comrriunitizs were used as the basis to
justify regulating adult entertainment's secondary effects. Those studies in other communities
do not reflect the realities that the Adult Warehouse has seen during its ten years of operation.
Property values have gone up. Between 2006 and 2007, the assessed value of the Adult
Warehouse's property went up sixty-five percent (65%). The staff at the Adult Warehouse have
had few interactions with law enforcement personnel over the last ten years, and when there has
been interaction, it has been staff directly reporting possible criminal acts or behavior to law
enforcement. From the staffs and owner's view, interactions with the local police have been
positive and professional. The owner does not receive complaints from his neighbors and has
not generally heard complaints from the public directed at his store or the conduct of his
employees.
While the owner has not fielded specific complaints about the operation of his store, he is aware
that some people hold genuine convictions about the immorality of adult entertainment,
regardless of its legality. So the surprise of this new ordinance was not so much that some form
of licensing and regulation would be contemplated; the surprise was the scope of the licensing.
That a retail store would be treated the same as a live entertainment venue that provides alcohol
or allows alcohol consumption seemed disproportionate.
A number of the regulations simply do not apply to the Adult Warehouse because there is
nothing to comply with -there is no live entertainment so there is no need to address restrictions
on adult entertainment establishment performers. But other regulations, most notably the
requirement to have four restrooms in 31.149(C), may appear justifiable for a live entertainment
venue that provides food and drink but hardly applicable to a retail establishment; particularly
when non-adult entertainment retail establishments have no requirements to have any restrooms.
Unfortunately, this ordinance, unlike some others, makes no distinction between types of adult
entertainment establishments.
This ordinance is certainly not ideal from the Adult Warehouse's perspective, and its owner
maintains concerns about intrusions into First Amendment freedoms and intrusions into the
privacy rights of employees and customers. Addressing those concerns through litigation has
been contemplated, but as stated above, the Adult Warehouse and its owner have over the last ten
MOYER & BERGMAN, P.L.C.
Apri122, 2008
Page 3
years tried to be good, respectful community members. Part of being a good community
member is trying to work out these differences directly and finding common ground.
Accordingly, the Adult Warehouse would ask the following of the Dubuque City Council:
Amend 31.149(C) to add "This requirement shall not apply to an adult entertainment
establishment that neither has live entertainment nor provides prepared food or
beverages." as a second sentence. This is probably the most important issue as the
physical limitations on the building make installation of four bathrooms nearly
impossible and would force the Adult Warehouse to find a new location in the City of
Dubuque. And so far, the current location has worked well for all concerned.
2. Clarify that 31.145(A)(6) does not require an adult entertainment establishment to
comply with all then-applicable building, zoning, health and safety codes and regulations
in a different manner than any other business. Given the expansive scope of regulation,
some assurance is needed that there is not an expectation, for example, that wiring
installed to code specifications thirty years ago will now need to be redone because code
specification have subsequently changed (unless so dangerous that all businesses are
required to upgrade).
3. Omit the requirement in 31.143(C)(8) that the drawing of the interior of the adult
entertainment establishment be prepared by a licensed engineer or architect. This is an
expense issue for an establishment with a very simple floor plan, and the requirements for
the diagram are not so complex that a lay person could not easily prepare the diagram to
scale on a computer or graph paper.
4. Extend the compliance grace period for existing adult entertainment establishments in
31.142(B) to include the processing time for license applications submitted to the City
Clerk prior to the initial 60 day expiration, May 17tH. The Adult Warehouse is taking
good faith steps to be able to be eligible for licensure as soon as the above items are
addressed. Despite those good faith efforts, an application filed on May 6tH (assuming
some action is taken at the May Stn meeting) might not be approved prior to May 17tH
These are reasonable proposals that will allow the Adult Warehouse to continue its legitimate
business without undermining the essential goals identified by the City Council as needing to be
addressed through licensure regulations. The Adult Warehouse is looking for these issues to be
favorably resolved, though the specific language suggested above need not be exact. Alternative
solutions that balance the owner's legitimate business interests with the City of Dubuque's
concerns will certainly be considered. The main hope is to work together, find some common
ground, and resolve this without litigation.
MOYER & BERGMAN, P.L.C.
Apri122, 2008
Page 4
We will be present for the City Council Meeting on May 5th to provide additional information,
answer questions, and hear any concerns. If there is any information that you need prior to the
meeting or questions you may want answered in advance, please do not hesitate to give me a call
or an e-mail.
Thank~you for your due consideration of these issues, and I look forward to meeting you all on
May 5 to discuss these matters.
Very ±ruly yours,
MOYER & BERGMQ~A.L.C.
W. Thomas
CWT:jna
cc: The Adult Warehouse