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11 9 07 Special Meeting_Adult Entertainment EstablishmentsOFFICIAL PUBLICATION ORDINANCE NO. 57-07 AMENDING APPENDIX A, THE ZONING ORDINANCE, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING A NEW SECTION 4-8.4 ESTABLISHING A MORATORIUM ON THE USE OF CERTAIN PROPERTY AS AN ADULT ENTERTAINMENT ESTABLISHMENT Whereas, the City of Dubuque Zoning Ordinance allows adult entertainment establishments in certain zoning districts; and Whereas, the City Council desires to gather additional input in the process of studying the location and spatial separation of adult entertainment districts in the City of Dubuque. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by adding the following new section: Sec. 4-8.4 Moratorium on the Use of Property As An Adult Entertainment Establishment. The building official shall not issue a permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for use as an adult entertainment establishment nor shall any person use any property for an adult entertainment establishment within the City of Dubuque from the time of the adoption of this Ordinance to June 1, 2008. Any person aggrieved or adversely affected by the building official's refusal to issue a permit or the prohibition on the use of property as provided in this Ordinance shall appeal therefrom to the City Council. The City Council may direct the building official to issue a permit or allow the use of such property as an adult entertainment establishment where the City Council finds that the refusal to issue a permit or the prohibition on the use of property would deprive the person of a vested right. Passed, approved and adopted this 9th day of November, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING Government Body: City Council Date: Friday, November 9, 2007 Time: 12:00 p.m. Place of Meeting: Historic Federal Building NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: City Manager recommending the adoption of an ordinance establishing a moratorium on the use of property as an adult entertainment establishment. ORDINANCE establishing a moratorium on the use of property as an adult entertainment establishment Suggested Disposition: Receive and File; Motion B; Motion A This notice is given pursuant to Chapter 21, Code of Iowa, 2007, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. ,- eanne F. Schneider, CMC City Clerk ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY CLERK'S OFFICE AT (563) 589-4120 OR TDD (563) 690-6678 AT LEAST 48 HOURS PRIOR TO THE MEETING TO: KEVIN S. FIRNSTAHL ASSISTANT CITY CLERK YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY COUNCIL TO BE HELD ON FRIDAY, NOVEMBER 9, 2007, AT 12:00 P.M., IN THE HISTORIC FEDERAL BUILDING FOR THE PURPOSE OF CONSIDERING ADOPTION OF AN ORDINANCE ESTABLISHING A MORATORIUM ON THE USE OF PROPERTY AS AN ADULT ENTERTAINMENT ESTABLISHMENT. D ROY D. Bt!'JOL, MAYOR CITY COUNCIL REGULAR SESSION, NOVEMBER 5, 2007 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING ~ -~ ~ 1/ PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CLINE, CONNORS, E~S, LYNCyf, MICHALSK~~ CITY MANAGER VAN MILLIGEN; CITY ATTORNEY LINDAHL ABSENT: City Manager recommending the adoption of an ordinance establishing a moratorium on the use of property as an adult entertainment establishment. ORDINANCE establishing a moratorium on the use of property as an adult entertainment establishment Suggested Disposition: Receive and File; Motion B; Motion A Aye Nays Braig Y Buol V ~'~ Cline V ,~ Connors ,-~--- ~Q~~ Lynch ~ Michalski ~jo>~" ~ ~ Ayes Nays ~ ?~ Braig ~ t/ Buol v ~ Cline ~ ~ V j Connors .~lenes ~ Lynch Michalski V // ~~ ~~ ~i~l~~ /_/~ L~ ~tii ~,r~' ~ ~Z ~ 1 ~~/~ /, ~~ ~~ ~ ~ ~~,~2~ ~ ~~~~~~ ~~ ~l ~ .~ ~-- THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM November 9, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amending Appendix A, the Zoning Ordinance, of the City of Dubuque Code of Ordinances, by adopting a New Section 4-8.4 Establishing a Moratorium on the Use of Certain Property as an Adult Entertainment Establishment I have submitted an application for a text amendment to the Zoning Ordinance to increase the minimum required distance between adult entertainment districts over the current amount of 500 feet. This item will be submitted to the Zoning Commission and will appear on a City Council Agenda in early 2008. I respectfully request that the Mayor and City Council approve a moratorium on the use of property as an adult entertainment establishment until June 1, 2008, providing time to gather additional input in the process of studying the location and spatial separation of adult entertainment districts. ^,~l[~,~lC- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in special session at 12 p.m. on November 9, 2007, in the Historic Federal Building. Present: Mayor Buol; Council Members Braig, Buol, Cline Connors, Lynch, Michalski; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Jones Mayor Buol read the call and stated that this was a special session of the Dubuque City Council called for the purpose of considering adoption of an ordinance establishing a moratorium on the use of property as an adult entertainment establishment. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cline. Braig requested that the affect of this ordinance on existing establishments be explained. Lindahl said it would have no affect on existing businesses, which have the right to operate under the current ordinance. This ordinance would include only new businesses during the period of the moratorium. Michalski reiterated that this only applies to related new business during the period of the moratorium during which a new plan will be worked out. Lindahl concurred. Van Milligen said that the current ordinance includes restrictions while protecting U.S. Constitutional rights. Motion carried 6-0. Motion by Connors for final adoption of Ordinance No. 57-07 Amending Appendix A, the Zoning Ordinance of the City of Dubuque Code of Ordinances by adopting a new section 4-8.4 establishing a moratorium on the use of certain property as an adult entertainment establishment. Seconded by Braig. Motion carried 6-0. There being no further business, upon motion the Council adjourned at 12:09 p. m. /s/ Kevin S. Firnstahl Assistant City Clerk 1t 11/16 ~. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 12 p.m. on November 9, 2007, in the Historic Federal Building. Present: Mayor Buol; Council Members Braig, Buol, Cline Connors, Lynch, Michalski; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Jones Mayor Buol read the call and stated that this was a special session of the Dubuque City Council called for the purpose of considering adoption of an ordinance establishing a moratorium on the use of property as an adult entertainment establishment. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Cline. Braig requested that the affect of this ordinance on existing establishments be explained. Lindahl said it would have no affect on existing businesses, which have the right to operate under the current ordinance. This ordinance would include only new businesses during the period of the moratorium. Michalski reiterated that this only applies to related new business during the period of the moratorium during which a new plan will be worked out. Lindahl concurred. Van Milligen said that the current ordinance includes restrictions while protecting U.S. Constitutional rights. Motion carried 6-0. Motion by Connors for final adoption of Ordinance No. 57-07 Amending Appendix A, the Zoning Ordinance of the City of Dubuque Code of Ordinances by adopting a new section 4-8.4 establishing a moratorium on the use of certain property as an adult entertainment establishment. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 57-07 AMENDING APPENDIX A, THE ZONING ORDINANCE, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING A NEW SECTION 4-8.4 ESTABLISHING A MORATORIUM ON THE USE OF CERTAIN PROPERTY AS AN ADULT ENTERTAINMENT ESTABLISHMENT Whereas, the City of Dubuque Zoning Ordinance allows adult entertainment establishments in certain zoning districts; and Whereas, the City Council desires to gather additional input in the process of studying the location and spatial separation of adult entertainment districts in the City of Dubuque. .. .. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by adding the following new section: Sec. 4-8.4 Moratorium on the Use of Property As An Adult Entertainment Establishment. The building official shall not issue a permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure or building for use as an adult entertainment establishment nor shall any person use any property for an adult entertainment establishment within the City of Dubuque from the time of the adoption of this Ordinance to June 1, 2008. Any person aggrieved or adversely affected by the building official's refusal to issue a permit or the prohibition on the use of property as provided in this Ordinance shall appeal therefrom to the City Council. The City Council may direct the building official to issue a permit or allow the use of such property as an adult entertainment establishment where the City Council finds that the refusal to issue a permit or the prohibition on the use of property would deprive the person of a vested right. Passed, approved and adopted this 9th day of November, 2007. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 10th day of November, 2007. 1t 11/10 /s/Jeanne F. Schneider, CMC, City Clerk There being no further business, upon motion the Council adjourned at 12:09 p. m. /s/ Kevin S. Firnstahl Assistant City Clerk 1t 11/16 Former Strip Club Manager tells the Real Story My name is David Sherman. As a former Midwest manager of strip bars, I believe I can knowledgably talk about the necessity of legislation having been involved in the adult entertainment industry for 14 years, I'm very aware of the consequences that this business can have on all involved. I held every position from doorman to corporate regional director and ran those businesses throughout the mid-west, southwest, west coast, and Florida. Much of the activity of the adult entertainment industry is illegal and criminal. In addition, there are tremendous negative effects on entertainers, communities, local businesses as well as families. CRIME IS COMMONPLACE The following are some of my personal experiences with the adult entertainment industry. What I will share with you today are the most frequent, as well extreme, cases of criminal activity I have witnessed in sex clubs over the years. 1) A most frequent crime is tax evasion and fraud. I would say 80% of people involved in adult entertainment at almost every level are guilty of this. This is a cash flow business, and most people are not employees but independent contractors. Most customers, for obvious reasons, do not want receipts. Often managers and owners will tell entertainers how to obtain welfare for their children while dancing, so welfare fraud is also rampant. 2) Drug use and drug dealing are another very common crime. I would say 90% of entertainers use one drug or another or several. This is based on 14 years and thousands of entertainers I've known, met, or worked with. About 40% of those 90% are selling drugs to other entertainers, but even worse, I have witnessed owners giving drugs to managers to sell to the entertainers. 3) Prostitution regularly takes place. About 35% of girls I've met are engaged in prostitution of one form of another, whether it's meeting customers outside of the club or using the V.I.P. rooms as a place to fondle the client or give better dances. In my experience, the V.I.P. room in every club is used every day for this. In fact, in one instance the cleaning company found 15 used condoms in one. Doormen and managers almost never monitor V.I.P. rooms so as not to intimidate the customers so they will spend more money. 4) Underage entertainers are often employed. If an I.D. is needed, managers will often help the girl obtain a fake I.D. or show her how to get one rather than not hire an underage girl. The I.D. is often not an issue since if a girl looks of age her I.D. is rarely even checked. Also, she only uses a stage name so unless a club is raided or a family member or friend sees her, she is never caught. 5) Entertainers conspire with clients to commit other crimes. Often entertainers using stage names are involved in other criminal activity outside of the club: drug dealing, prostitution, credit card fraud, computer theft, are only a few I've seen. Managers and owners often teach the girls how to skirt the law in very subtle ways in order to do things other clubs are not doing and increase customer count and, in turn, profits. Many times the entertainers are not asked, but required, to break the law by lap dancing or touching themselves or customers. This may also include girl-on-girl shows on stage simulating sex acts. Laws against these activities are continually broken, lowering community standards to the point where law enforcement officers and the judicial system no longer look at it like a crime but merely the way the business is run. 6) Preferred treatment for city employees such as police, fire department, building and zoning inspectors. They are often given free admission, free drinks and lap dances. In this case, the club pays the girl in order to have allies within each department. A perfect example is the Chief Building Inspector in one city allowed hidden V.I.P. rooms as well as illegal remodeling without permits. In turn, the owners wined, dined, and set him up on dates using their limo. Another example was a fire chief using a club to sell hundreds of pounds of marijuana, packaging it after the club was closed. In turn he would help keep the police away from the club. Corruption of city officials in small municipalities is very easily accomplished and frequently done. Contributions and donations are often given under a different corporate name and cash gifts are used. This person's job is to now roadblock any new legislation by having well known legal groups say the pending legislation is unconstitutional, scaring other officials away from it saying the city will be sued, or adding language making it unconstitutional and letting it pass knowing it cannot be enforced. 7) After-hour parties, including a few select customers, managers, employees, owners, and entertainers, are also frequent in many clubs. Alcohol and drugs are widespread at these parties. Sometimes they get out of hand to the point the club may not even open on time the next day. I recall one incident where the owner made a trip to Florida, coming back with 10,000 pills of Ecstasy or MDA and kept the party going for two days. He then sold the rest slowly to the entertainers and club employees. 8) I've witnessed counterfeit money being laundered through clubs. Being almost an all cash business, this was easy to do using the bills as change or pay since many employees are paid under the table. 9) Money laundering is also done frequently in clubs. It is a cash flow business and ringing up extra drinks or door charges is very easily done. In fact, one gentleman was laundering his drug sales money through his club when he got caught selling cocaine. 10) In my experience, approximately 80% of all club owners are convicted felons .They may have other people or corporations owning the business, but you can bet the real owner, 80% of the time, is a felon. Licensing will help curb so much of this by making all these people have a history rather than just a fake name and contract. It will keep the ones that are convicted from just going down the street to commit the same crime a block away. LOBBYING TO AVOID RESTRICTIONS Adult entertainment businesses use lobbying as a key to keeping new ordinances or legislation from being passed. This plays a very important role in allowing them to run these businesses the way THEY want to. Large turnouts by entertainers, owners, owners reps, as well as attorneys, law students and even the A.C.L.U. at times are used to intimidate those in local government and to keep the new legislation from passing by making the government body think that masses have formed on their own when in actuality they have been pulled together by a team of people paid to do just that. Another thing not touched on is that in every club in the state where the new legislation is being considered there are signature cards for the patrons to sign as well as information giving times and locations of hearings. In fact, one company I worked for had this down to a fine art. Every manager was required to attend all city council meetings in order to stay on top of any new legislation being proposed. They then were to buy the minutes from the meeting and fax or send them to the corporate office. If any new legislation was proposed, that information went to the person who was in charge of lobbying and to the corporate attorney. Even if the proposed legislation involved a city, town or state in which the adult business had no entities, the club attorneys would still come out in full force to defeat it because it may have an adverse effect on them at a later time. Another tactic used so frequently is to bring in big gun attorneys from elsewhere to intimidate and sue as well as tie up in court the passed ordinance for as long as possible or until it ran the city or township out of funding. These businesses have plenty to spend on staying open and running the way THEY want to. From time to time the company would use a local attorney, coaching him and making him file the things they needed in order to make it look as though they were a local business. In regard to the lobbying, the attorney, the funding as well as lawsuits, the adult businesses seem to somehow utilize the press to their advantage. The press simply didn't deal with the real issues in most cases. THE MANAGER'S ROLE As far as female employees in adult entertainment nightclubs, everyone you hire you treat as a potential dancer. It really doesn't matter if she's hired as a waitress, hostess, or even a bartender. First, you must make the girl feel at home in an environment that is so abnormal that most people have to be made comfortable. In fact, you could almost say they have to be "hardened' to the club life. This is easily accomplished by working there as many hours as possible and by having all of the staff treat them as if they were long lost friends. It's important for the management to do this also. Second, after a few weeks, because the girl is now your friend, as a manager you bring up how short you are on girls that night or how short the amateur contestants are. You ask them to please help, that they don't need to take their clothes off, but the club just needs an extra body. Usually, they happily agree to do this. You then have them change into dancing attire, usually a skimpy dress, a teddy, g-string or a t-bar (which is a very small pair of panties). Often, the girls, having become used to the environment and having seen nudity daily are intoxicated with the sense of being on stage and are lured out of their clothing by the other girls, customers, and promises of large tips. Now, at this point, the manager's job just starts. But, if the girl has not taken her clothes off, the manager again has to start in on her about needing more help on the floor. Again, most of the girls will agree to help the manager out. At this time, you tell them that things are not that busy, and you take them out for dinner, "my treat." Of course, the club always writes this off! So, you go out, have some drinks and small talk with the girl. Returning to the club she now believes that you're good friends, plus she is under the influence of alcohol. At this point, she easily disrobes at the customer's request, with the other girls welcoming a new dancer into their ranks. The experienced dancers will then go on about how beautiful she is and how much money she'll make. Of course, even now, she still might have not disrobed. But, by this point, you are her friend and can make her feel guilty about not helping out more and ask her to please disrobe, as without her, you'll not make much money that night. She is needed. People who need her and customers who tell her how beautiful she is surround her. She now experiences a variety of emotions and, being human, needs to be needed. With this emotion fulfilled, she finds herself wanting to be complemented, which she is, and she wants to make money, which she can. You then play on the "what more can a girl want?" and the subject of self-worth never really comes up. At this point, if she still has not disrobed, you let her know you no longer need her for her position, but dancing is open if she wishes to still work at the club. This does not work unless she has incurred debts and needs the money, or she actually enjoyed the experience and doesn't want to lose her new friends. If she stays, the manager must start training her to be a professional. This means changing almost everything about her including her personality; she must now be a passive/aggressive if she is to survive. This means that she needs to learn to say whatever it takes to make money. She can never talk about her personal life to anyone as clients can hear this. What you try to do is get the girls programmed to have regular customers. A regular customer is a customer who believes that this girl actually cares for him, and now his fantasy world is complete. He comes in on a regular basis and she invites him back on certain days and times as not to interfere with other regular customers. This is usually set for the club's slow times because when it's busy she can make money without her regular clientele. Of course, with all of these girls having regular clients, the club is guaranteed a steady income and solid revenues. The club regulars are usually family men looking for an escape from the real world, and the girls are taught to prey upon them. Mandatory meetings are set for all the girls. This time is really used for mostly programming of the girls and getting into their heads. You again let them know what you want and motivate them by whatever it takes. Soon the new dancer starts running around with the more hardened and seasoned girls, and they realize how much easier this job is being drunk, high or, more often than not, both. By now she's working until 2 am in the morning, staying out all night partying after work, and then grabbing a breakfast with the girls. They wake up, go to work, and the cycle starts all over. They have no time to go to the post office, the dentist, or any other "normal" things. They axe deep into the club scene and on the road to hard times and even self-destruction. At this point, school, family, and friends have faded into a world that no longer exists for them. As a manager, at this point, anything you say, ask or demand of the girl will gladly be done because the club is now their home. The girls don't realize this is their only world, and the club manager now has total control over what's going on in their lives. The girls will even put up with degradation, verbal and emotional abuse and everything else the manager wants to do. At this time the girl may feel fed up and leave, going to a new club thinking to herself that she finally made a decision on her own and things will be better. But she is really just fooling herself. The manager at the new club does the same things except now she has no friends to talk to and the manager knows that most of the time she cannot return to the old club so he abuses her even worse than the first manager. Of course, she then drinks more and gets high more than ever hoping it will go away. It will only get worse for her now. THE DANCER'S EXPERIENCE Right from the start, drug and alcohol use is rampant. The dancers call it "partying" but what they don't realize is that they are actually medicating themselves in order to do the work they do. The abortion rate is extremely high due to the fact that they could never take the chance on flawing the body from carrying a child. On top of this, the dancers also feel that they have no way to support the baby without dancing, and can't quit to have it. Basically, they are caught in a very real, painful catch-22. The girls, if they have never danced, are extremely against it and most of the times are hired as waitresses, even though waitresses are not needed. This makes the atmosphere become part of their life. At this point, they see it as a job, not as stripping and easily are converted to dancing. Once dancing, they get used to being objectified. It becomes as important to them to hear how beautiful they are 200 times a day as it is the money they make from the dancing itself. Between the use of drugs to medicate themselves to do what they do, and after hearing how beautiful they are all the time, they soon develop what I call "BDA" -Basic Dancer Attitude." This is when the dancer thinks that no matter what friends, children, husband and families think about them, they can all be replaced because all of the patrons around them find them attractive, beautiful and idolized. All that was close, in terms of family and friends can be replaced. Now they are truly caught in the adult scene. With friends and family gone from their lives, they solely exist in this dark subculture of sex, drugs, alcohol and prostitution. All of this perverse living, to the dancer, is now just part of their normal lifestyle. After a couple of years at this level, they then realize they are getting older and attempt to fit back into society. They try boyfriends, school or really anything to cling to that is "normal." Realizing that they cannot live in both worlds, they return to the subculture of the adult business, actually despising the real world. This leads to more dependency on drugs and alcohol, which now makes them 100% lost to this life. The dancers will continue living like this until they realize they can no longer stay at their "current level," and keep making money and getting the compliments. Once they realize this, they begin to master more perverse things to make cash to make up from fading looks and dancer burnout. The cycle then becomes even more vicious, with depression, drugs, alcohol and body mutilation to stay thin. Finally, they realize they can no longer keep up with the new and younger girls and leave, going to one of five places. 1. They go to a very filthy, dirty nasty club that's full of girls in their position. Here they perform and do some of the most vile and filthy acts you can imagine to make money. 2. Prostitution -meeting men outside of the club, their job now becomes a place for them to meet new "clients." 3. Marriage -they'll do this just to be able to still survive. But, the addiction to drugs and alcohol normally shatters and destroys these relationships. 4. Some actually do break away to become productive citizens. But, this frequency is around 1 of 50. 5. They become societies throwaway people -used up, degraded, abused and even sold by the people who own these establishments. Sadly, these young ladies over time, little by little, become manipulated, controlled and finally destroyed by a world that our communities have closed their eyes to. It has been just as much our fault as theirs for letting these places do this to our children, daughters, nieces, granddaughters, and yes, even mothers. For they were every bit as innocent as we. I could easily fill an entire book with what I've observed in the adult pornography industry. I've seen countless lives shattered and unbelievable heartache. You would be surprised at the amount of "it can't happen to me" or "I won't be like that" that I have heard. These experiences have caused me to now work to educate the public as to what goes on in these clubs and to find ways to stop the exploitation of the women in this industry. David Sherman 3003 Dogwood, Jackson, MI 49201 Phone (517) 784-1307 SAMPLE RESOLUTION ENCOURAGING REGULATIONS FO~t SEXUALLY ORIENTED BUSINESSES WH~•REAS. sexually oriented businesses require special supervision in order to protect and preserve the health, safety, and welfaze of the patrons of such businesses, as well as the citizens of the communities where they locate; and WHEREAS, it has been found that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the city that demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and ~ ~ ,licensing is a legitimate means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations, and to ensure that operators do not allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values; and WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particulazly when they are located in proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, communities want to prevent these adverse effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, it is not the intent to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance that addresses the secondary effects of sexually oriented businesses as well as the health problems associated with such businesses; and WHEREAS, it is not the intent of the community to condone or legitimize the distribution of obscene materials, and it is recognized that state and federal law prohibits the distribution of obscene materials and expects and encourages state enforcement officials to enforce state and federal obscenity statutes against any such illegal activities in our community; and WHEREAS, it is the purpose of this ordinance to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfaze of the citizens of this community, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within this community. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials; and WHEREAS, based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports available to the City Council, and on findings incorporated in the various court cases (City of Ilenton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976); and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Arcara v. Cloud Books, Inc., 478 U.S. 697, (1986); California v. LaRue, 409 U.S. 109 (1972); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986); United States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986); Hang On, Inc. v. City of Arlington„ 65 F.3d 1248 (5th Cir.1995); and South Florida Free Beaches, Inc. v. City of ~ami, 734 F.2d -608 (11th Cir.1984); as well as studies conducted th other cities including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota.; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Okahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas) and fmdings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group On the Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), and statistics obtained from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, IT IS KNOWN THAT, { 1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises. (2) Crime statistics show that all types of crimes, especially sex elated crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., Studies of the cities of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas. (3) Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972); See also Final Report of the Attorney General's Commission on Pornography (1986) at 377. (4) Offering and providing such booths and/or cubicles encourages such activities, which creates unhealthy conditions. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 376-77. (5) Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses, for the purpose of engaging in sex within the premises of such sexually oriented businesses. See, e.g., Arcara v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also Final Report of the Attorney General's Commission on Pornography (1986) at 376-77. {6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections, and shigella infections. See, e.g., Study of Fort Meyers, Florida. (7) For the period 1985 through 1995, the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (HIV) was 523,056. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. {$) The total number of cases of early (less than one year) syphilis in the United States reported during the ten year period 1985-1995 was 367,796. See, e.g., Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. (9) The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 1,250,581 cases reported during the period 1993-1995. See, e.g. Statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. (i 0) The surgeon general of the United States in his report of October 22, 1986, advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components, and from an infected mother to her newborn. { 11) According to the best scientific evidence available, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g. Findings of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. (12) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377. (13) Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where persons view "adult' oriented films. See,e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377. (14) Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560, 583 (1991). (15) Nude dancing in adult establishments increases the likelihood ofdrug-dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County, 793 F.2d 1053, 1056 (9th Cir.1986). (16) The findings noted in paragraphs numbered (1) through (15) raise substantial governmental concerns. (17) Sexually oriented businesses have operational characteristics which should be reasonably .regulated in order to protect those substantial governmental concerns. (18) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore non-existent incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of this community. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein. (19} Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments. (20} The disclosure of certain information by those persons ultimately responsible for the day to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and criminal activity. (21 } It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct this ordinance is designed to prevent or who are likely to be witnesses to such activity. (22) The fact that an applicant for a sexually oriented business license has been convicted of asex-related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this ordinance. (23} The barring of such individuals from operation or employment in sexually oriented husinesses for a period of ten (10) years for a previous felony conviction serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (24} The general welfare, health, morals, and safety of the citizens of this community will be promoted by the enactment of this ordinance. THEREFORE BE IT RESOLVED, that the appropriate means be taken by our community's elected officials to enact such an ordinance to regulate the existing or future sexually oriented businesses which locate in our community. "Silence is Acceptance" Setting High Community Standards Both Local & County 1. If you want high community standards a. Speak up -you must write letters to local government agencies, Board of Supervisors and other elected officials b. Call and report questionable or unacceptable behavior/activity c. 2. Action on the part of the law enforcement and prosecutors to diligently and rigorously investigate and enforce all laws regarding the actions of the owners and patrons frequenting the juice bar. 3. Prosecute those breaking the laws. 4. Take a vocal stand. Areas where Sexually Oriented Businesses (SOBs) are located: 1. Experience an increase in crime: a. Pandering b. Aggravated assault c. Robbery d. Purse snatching e. Murder 2. Survey of property owners (85%) where SOBS operate: a. Had a negative effect on the sales and profits of nearby businesses. b. Difficulty in renting space c. Limits hours of operation during evening hours d. Difficulty in hiring employees due to safety and security issues e. Deters patronage of women and families £ Generally reduces business patronage g. Respondents emphasized concerns about the high incidence of crime. h. High percentage of aesthetics of SOBs are garish, sleazy, shabby, blighted, tasteless and tend to increase the incidence of litter and graffiti. >K~~~~(~>K>K~~(~~~~~~>X~~~~~(~~~~(%K~~~~~~(~>K1K~~~~~~~(>X>K~C~~~(~~(~>K~(%K~~C~~(>X1K~(>X~>X>K~(>K~~~~(>X~~>K~~~~~~~(~~~~~~~(>K~(>K~C~>X~~~~( ~c P, Ol %K ~ TRANSACTION REPORT ~ ~ NOV-08-2007 THU 11;33 AM ~ ~K ~ >K FOR DBQ, CITY CLERK 563 589 0890 ~ ~ ~ ~ ~c ~ FAX BROADCAST ~ ~c ~ ~ DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP ~ ~ ~K ~ NOV-08 11 31 AM TH 14" 1 FAX TX OK 753 ~ ~ 1132 AM KDTH 14" 1 FAX TX OK 753 %k %k 11.32 AM WDBQ 26" 1 FAX TX OK 753 ~ ~ ~ ~ ~ TOTAL 54S PAGES 3 %~ ~ ~ ~~~c ~~~~~~c~~>K~~~~~~~~~~~~~~~c~~~~~~~~~c~~~~~~~~~~~~~~~c~~~>K~~~~~~c~~~~~~~~c~~~c~~~~~c~~~~~~~ ~c>K~~~~~~~~K~~~~~~ CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING Government Body: City Council Date: Friday, November 8, 2007 Time: 12:00 p.m. Place of Meeting• Historic Federal Building NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set foRh atwve. The TENTATfVE AGENDA for the meeting is as follows: City Manager recorrxrrending the adoption of an ordinance establishing a moratoMum on the use of property as an adult entertainment establishment. Ordinance establishing a moratorium on the use of property as an adult entertainment establishment. This notice is given pursuant to Chapter 21, Code of Iowa, 2007, and applicable local regulatlone of the City of Dubuque, Iowa andlor governmental body holding the meeting. ~~~~' F. Schneider, CMC City Clerk ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL. ASSISTANCE pR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY CLERK'S OFFICE AT (663) 589.4120 OR'TDD (663) 680-6878 AT LEAST 48 HOURS PRIOR TO THE MEETING