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
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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
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Lynch
~ Michalski
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~ ~ V j Connors
.~lenes
~ Lynch
Michalski
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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.
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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