Transcript Document

- WARNING 


The following presentation contains
explicit adult photos and language and is
NOT suitable for minors.
If you feel you may be offended by the
content of this presentation, I strongly
suggest that you sit out for this portion of
the class
XXX Rating
Sex in the City
Sex in the City
John W. Keller, AICP
James Segedy, AICP
Handout Note: The above noted individual is a
presenter NOT a performer in “Sex in the City.”
Sex in the City
Introduction
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Sex business is many
businesses
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Retail stores
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Media
Novelties
Lingerie
Sex in the City
Intro - 2
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Many Businesses
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Video Arcades
Movie Theaters
Adult Cabarets
Sex in the City
Scope of Discussion
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INCLUDES
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Lawful sex businesses
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Book and video sales
and rental
Magazines and
newspapers
Sex toys
Lingerie
Movies
Live ARTISTIC
performances
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Does NOT Include
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Unlawful businesses
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Prostitution
Sex in the City
Scope of Discussion (2)
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INCLUDES
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In-between
businesses
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“Dancers in box”
“Body rub” parlors
“Lap dancing”
Sex in the City
Terms
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Pornography
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Generic term, accepted by academics and
industry
Refers to material that is lawful but may be
offensive to some
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Term often used to apply to unpopular political
works
Obscenity
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Unlawful material
Sex in the City
Terms (2)
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Soft-core
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Full nudity
Simulated sex or sex with genitals not visible
Hard-core
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Sex acts with penetration
Erect male member or nipples
“The money shot”
Sex in the City
Sex Business
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…is big business
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Probably at least 15
percent of all video
rentals
Sex in the City
Sex Business
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Has LEAD
technological
revolution
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VCRs
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Including ultimate
victory by VHS format
Movement of graphics
on Internet
Sex in the City
Sex Business
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Spread of hard-core
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Check your hotel room movies
Look for HIGH SOCIETY in airport
newsstands
Easily available on Internet
Sex in the City
The Kansas City Adult Use Study
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aka “The Sex Study”
aka SOB Study
aka “You’re doing
what” study
Sex in the City
The Kansas Adult Use Study
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Study Focus:
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Business with “less than significant” stock in
trade in adult materials
Video viewing booths
Adult theaters
Sex in the City
The Tasks
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Review ordinances in other jurisdictions
Conduct site visits
Conduct interviews with residents and
businesses (professional research co.)
Draft revisions to the zoning and licensing
codes
Sex in the City
Survey of Other
Jurisdictions’ Ordinances
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20 local jurisdictions surveyed
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Atlanta, Austin, Charlotte, Cincinnati, Cleveland,
Denver, Fort Worth, Indianapolis, Louisville, Manatee
County, Minneapolis, Newport News, Oklahoma City,
Phoenix,Portland, San Diego, Seattle, St. Paul,
Newport News, Whittier (CA)
Adult Use Study and Adult Use Manual (Mass. APA
Chapter & City Solicitors/Town Counsel Assn.)
Sex in the City
Survey of Other Jurisdictions …(2)
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No differentiation by use … “one-size-fitsall”
Allowed adult uses by right in commercial
and industrial zones
MN…only in CBD
Distance … most used straight line
Sex in the City
Site Visits … Knowing the Subject
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Understanding the operations
Meeting the owners/managers
4 separate site visits of each business
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Weekdays and weekends … Lunch hours
Weekday & weekends … AFTER 8 pm
Sex in the City
Businesses with less than …
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Local Video Stores …backroom
operations
Sex in the City
Business with less than … (2)
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Lingerie shops … Victoria Secret never
thought about some of this lingerie!
Sex in the City
Business with less than … (3)
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Novelties … ”marital aides”
Sex in the City
Business with less than … (4)
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Sex devices … contended “not obscene if
of medical or social redeeming value”
Sex in the City
Video Viewing Booths …
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Visiting the booths
Sex in the City
Visiting the Video Booths …(2)
Sex in the City
Visiting Video Booths … (3)
Sex in the City
Video Booths vs. “Media Rooms”
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Seats for 11 or more
Sex in the City
Adult Theaters
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Ps….actually planning seminar
Sex in the City
Adult Theaters (2)
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Structure is the “medium”
Sex in the City
Kansas City’s Only CX Zone
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KC paid relocation costs …
Sex in the City
Live Entertainment
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Not fully surveyed but made
recommendations
Sex in the City
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Public opinion …
Sex in the City
Neighborhood Survey
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More than a 1000 contacts
360 completed surveys
At least 20 in each “impact” area
NO leading questions
Sex in the City
Responses to the survey
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Key question: Is there a business
operating in your neighborhood that
should not be there?”
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NO … 63%
Yes … 28%
?? … 9%
Sex in the City
Responses to Survey (2)
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Businesses identified
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96% were SOBs
Others included
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Liquor stores
Bars
Check-cashing
Pawn shops
Sex in the City
Kelly/Cooper Recommendations
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Two Parts
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Zoning for USE TYPE and LOCATION
Licensing for OPERATIONS
Sex in the City
Zoning Recommendations
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Land-use
classifications
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Book/video/newsstore
Sex in the City
Zoning
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Land Use
Classifications
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Conditional
Book/Video/News
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Rules
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10—50% sexually
oriented content
Must be physically
separated by opaque
wall
Must have
managementcontrolled access to
sex materials
Sex in the City
Zoning
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Land-use
classifications
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Sexually oriented
book/video/news
Sex in the City
Zoning
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Land-use
Classifications
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Sex shop
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Over 5% sex toys
Mix of toys, lingerie,
media
“Self-designated”
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Ads
Signs
Directories
Sex in the City
Zoning
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Land-use
classifications
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Sexually oriented
movie theater
Sex in the City
Zoning
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Land-use
classifications
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Sexually-oriented live
entertainment
Sex in the City
Separation Requirements
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Measurement
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PEDESTRIAN routes
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Follow “property lines
along public r-o-w”
Other Rule
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Not on same block as
incompatible uses
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Apply to
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Separation between
SOBs
Separation from
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Zoned residences
Religious institutions
K-12 schools
Parks
Sex in the City
Separation Requirements
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Shorter
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Retail Outlets
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Longer
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On-premises
entertainment
Sex in the City
Other Zoning
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Zone BY DISTRICT
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Book store is a book
store
SO book store same
as other book stores,
subject to separation
SO theaters same as
other theaters, subject
to separation
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Live entertainment
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Major , auto-oriented
commercial corridors
Downtowns in
convention cities
Industrial/airport areas
Sex in the City
Problematic Uses
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Nude dancing
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Supreme Court now
says clearly that
generally applicable
anti-nudity ordinances
OK
Sex in the City
Problematic Uses
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Nude “dancing” in a
booth (box)
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Clearly not protected
Typically
demonstrations of how
to use sex toys
Ban it or let it go—but
know what it is
Ban by setting
minimum floor area for
live performances
Sex in the City
Problematic Uses
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Video viewing booths
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Solid booths are
“masturbation booths”
Two-person booths or
ones with glory holes
facilitate anonymous
or pick-up sex
Do you want them?
Sex in the City
Problematic
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Video viewing booths
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Technology dates from
1970-71
Probably protected by
1st Amendment then
Now MANY other
times/places/manners
for viewing same
material
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Typical approaches
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Conservative is “open
booth” ordinance
Aggressive is to allow
showing of videos only
in 150+ square feet
Try NOT to allow as
“accessory use” to
retail outlets
Sex in the City
Problematic Uses
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The touching
businesses
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“Body rub”
“Massage” not under
medical or licensed
supervision
“Body painting”
“Bath houses”
Sex in the City
Problematic….
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The touching
businesses
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NO First Amendment
protection
Do you WANT these
activities??
Often a fine-line
separating from
prostitution
Sex in the City
Problematic Uses
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Lap-dancing
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“Full friction” dancing
May involve full frontal
bodily contact
NO cases giving First
Amendment protection
Can effectively ban by
requiring
vertical/horizontal
separation of dancers
from audience
Sex in the City
Problematic Uses
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In-between uses
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Lingerie modeling
“Nude photography”
studios
Sex in the City
Licensing
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Essential way to control OPERATIONS
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Activity on premises
Cleanliness of premises
Lighting of premises
Monitoring of customer areas
Sex in the City
Licensing
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Cincinnati/Kansas City
Model
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Puts DUTY on licensee to
monitor premises and
PREVENT specific
activities
No CRIMINAL penalties
without knowledge, but can
get points against license
when prohibited activities
occur
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Kansas City model
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Written notification of
assessment of points
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Can REQUEST hearing
Points accumulate,
trigger hearing
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First suspension
Then possible
revocation
Sex in the City
Licensing
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Apply to all
establishments with
on-premises
entertainment
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Including viewing
booths
Sex in the City
Licensing
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Also license
managers and
entertainers
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Require license of
manager-on-duty to be
posted (or have point
penalty)
Do NOT post
entertainers’ licenses
Sex in the City
Licensing
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Benefits
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Cleans up operations
Creates much more
effective enforcement
tool
Dramatically increases
attention of industry to
key operational issues
Sex in the City
Benefits of Doing Your Own Study
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But if you’ve seen
one sex business you
have NOT seen them
all….and should not
regulate them as
though you have
Sex in the City
Doing your own study (2)
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Fully informs public officials of what nature
of local businesses and secondary effects
Increases public confidence regulation of
SOB’s
Creates opportunities to negotiate with
SOB business operators
Sex in the City
Moral Judgment
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Regulation of SOBs is
value-laden
YOUR regulations
should be based on
YOUR community’s
values, not on
another community’s
ordinance
Sex in the City
Final Decision
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What works BEST for YOUR community
Sex in the City
A Final Quick Tour - Peeping
Sex in the City
NYC and the Great White Way
Sex in the City
San Francisco – Haight/Ausbury
Sex in the City
Denver – Sapp Brothers Tank
Sex in the City
Other Side of the Tank
Sex in the City
Inside in Boston
Sex in the City
And Outside
Sex in the City
SOBs in Dallas
Sex in the City
KC at the River Market Area
Sex in the City
God, I love this job!
Sex in the City
So Much Opportunity
Sex in the City