HomeMy WebLinkAboutCCP 11-16-1995
I
.. AGENDA
I -
ARDEN HILLS CITY COUNCIL WORKSESSI
. PUBLIC WORKS BUILDING LUNCHROO
THURSDAY, NOVEMBER 16,1995,4:30 PM
. 4:30 PM 1. Call to Order/Roll Call
4:30 PM 2. Agenda Adoption
I 430 PM 3. Miscellaneous Items/Discussions
a. 1996 Trail Project
I b. Codification - Chapters 1,4,5,7,8 and II
c. Licensing of Sexually Oriented Businesses and Gun Shops
d. Lake Johanna Volunteer Fire Department
I e. Finance Committee
f. Public Works Committee
I 7:45 PM 4. AdministratorlDepartment Head Comments
I- 8:00 PM S. Council Comments
8:15 PM 6 Adjourn
. The above times may vary depending upon length of issue discussion.
I
I
I
.
I
.
I-
I
I
I. CITY OF ARDEN HILLS
I MEMORANDUM
DATE: November 14, 1995
I TO: Mayor and City Council
I FROM: Brian Fritsinger, City Administrato~
I SUBJECT: Administrator Comments for November 16, 1995, Council
Worksession
I 1. Agcnda Items
a. Miscellaneous Items
1. 1996 Trail Project
I The Parks Department currently has budgeted planned trail improvements
in 1996. Segments of the trail system have been surveyed and analyzed
I with a recommendation to proceed with one segment of this project. Staff
would like to review this project and discuss the prioritization and timing
of the undertaking.
.- 2. Codification
Staff has some brief questions which relate to Chapters 1,4,5,7, 8 and 11
I of the Municipal Code. Full review of these Chapters will take place
in December.
I 3. Sexually Oriented Business/Gun Shops
Staff would like to discuss the possible implementation process, content,
and the extent of these proposed Ordinances willi the City Council.
. Several examples are attached for review.
4. Lake Johanna Volunteer Fire Department
I The Fire Chief, Don Szurek would like to spend a few minutes with the
City Council to introduce the Fire Department and discuss any issues the
I Council may have.
5. Finance Committee/Public Works Committee
I Representatives of these two committees will be in attendance to discuss
the activities of the past year and possible goals for 1996.
I
I-
I
I
2. Non-Agenda Items .1
a. Investment Portfolio Analysis Ending October 31. 1995 I
b. Miscellaneous New Articles I
c. Third Ouarter Ramsey County Sheriff Law Enforcement Activity Report
d. Proposed Law Enforcement Service Contract (Draft) I
The Council will find a revised contract for services with the Ramsey County
Sheriff. The contract was drafted with the assistance of City Attorney Filla and I
will be updated to reflect Arden Hills jurisdiction. The contract group has spent
most ofthe 1995 year reviewing this five (5) year contract, so additional fine I
tuning will occur in regards to dates. Please review and provide any comments at
your earliest opportunity. I expect this to go before the City Council for action in
December. I
1996 Legislativc Representation by Larkin. Hoffman. Daly & Lindgren.L TD.
e.
Recently, the Mayor and Staff had discussed with the City Council the legal I
assistance which has been provided by Mr. Peter Coyle. As a result of these
conversations Staff had met with Mr. Coyle and requested a formal proposal for -.
representation be prepared. The Council will find this proposal attached and may
wish to discuss it further at the Meeting.
I
I
I
I
I
I
I
-I
I
I .
I- CITY OF ARDEN HILLS
MEMORANDUM
I .
DATE: November 16, 1995
I TO: Mayor and City Council
Kevin Ringwald, Community Development Director If'; -
I FROM:
SUBJECT: Gun Shop Regulations
I The City Council and the City Administrator have placed several objectives on the work program
for the Community Development Department for 1995, one of these objectives was an ordinance
I regulating "gun shops" within the City.
Currently, the City Code does not specifically regulate these type of activities. However, the
. City Code (Section 13-24, Subpart gg) does require these uses to obtain a business license for
retail sales.
I Minnesota State Statutes, Chapter 471.635, states:"Notwithstanding section 471.633, a
governmental subdivision may regulate by reasonable, nondiscriminatory, and nonarbitrary
I- zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. For
the purposes of tI1is section, a firearms dealer is a person who is federally licensed to sell
firearms and a governmental subdivision is a entity described in sections 471.633 and 471.634".
I However, all other regulation of firearms, except for the discharge of a firearm, is preempted by
Minnesota State Statute, Chapter 471.633 (Exhibit A).
I The Minnesota State Statutes would indicate that the regulation of gun shops by the City would
be limited to: home occupation (permitted/not permitted), spacing between uses (gun shop to gun
shop), and spacing to sensitive uses (churches, schools, day cares, etc.). In reviewing this topic,
. Staff has found that very few cities regulate the location of gun shops. The City of Saint Paul did
start the process of regulating the location of gun shops in 1993 and concluded the process in the
Spring of 1995 (Exhibit B).
I The Staff would like to discuss the possible implementation process, content, and the extent of
I the proposed ordinance with the City Council at the worksession.
I
I
I-
I
FX>>1l11T A 1/3
I 1173 MUNICIPAL RlGHrS. POWERS. DUTIES
.
Municipalities
I
CHAPTER 471
. MUNICIP AL RIGHTS, POWERS, DUTIES
>j11
I 4JUS Recreational facilities. 47U63 Uses of loan ~?ayments.
471.16 V1ay act independentLy or 471.564 Bonds.
Gooperativdy. 471.57 Public works reserve fuod. i
47Ll7 Location of activiti!::s. 471.571 Permanent improvement fund,
..pUS State board of education 10 ., certamcitic:;, I
I es.tablish qualifications. 471.512 Infrastructure ~placement
471.l9 Recreation ptognm to be for reserve fuod. il
education purposes. 471.58 Range association of
47U9t Acquisition offaCliilies. municipaiiliC$ and schoo[s~
471.l9\ 1 Validation ofscnooL-di.micl membe~ip. ,
agreements. 471.59 loint cxcrose of power.;. II
I 471.l93 \'tunlcipa! heritage ?reservation. 471.591 Extension of municipal semcCS.
"JU9S Unclaimed property: disposal. 0.1-71.61 Group insurance, protection for
471.24 Statutory citie5 and towns may Qffict~, employed n:tlred
join in maintaining cemeteries. officets and employccs. il
47U45 Uniform municip~ contl\l.cting 411.611 Retirees' bealth insurance
I law. benefits.. "
J.71.346 Publicly owned and leased 471.615 Individual annuity oonlra<:U, il
vehicles identified. -.-.... purchase for public officer or
411.35 Specification5 .of supplies or employees.
471.6151 Contributions from lawful 'I
eo.ulpme~t. gambling orpnizuions. i'
I 41L.J6 Noncompetitive supplies and 47L.6161 Group insurance; gQvernmentaJ
,
equIpment. unItS.
411.37 Violations. 471.617 Self. insurance o( employee health
.nU71 Contracts for corntruCtion of benefits. ..
treatment works. 41l.62 Statutes or rules may be adopted
I,. 471.J8 Claims. by reference.
47L.J91 Declaration form. 471.63 promotion of safety and ,
47\.392 Penalty. preserva!ion of human tife.
4]1.40 Auditing claims. 411.631 Rewards for information about
471.41 Auditing accounts nQt itemized a feloo5. ..
gross. misdemeanor. ;;>f 471.633 Fireanns..
I 47].4\5 Duplicate warrants or orders. ~ 41\.634 Definition.
411.425 Prompt payment of local ... 411.635 Zoning ordinances.. ,
i
govemmentbills. 411.64 AcquisitioD and disposition of I
471.44 Municipalities to fumish cDunsel property from United States and 1
to defend public officials. state agencies.
I 411.45 COStS and disbursements to be 411.65 Grant, advanet::, or loan from
assigned to municipalities. federal or state government. 1
.0:.71...16 Vacancies; per50ns ineligible to 411.653 Distribution of cenain federal ,
appointment. payments. I
411.464 Ramps at crosswalks. 471.655 Economic opportunity program,
471.465 Physically handicapped, building powers of municipalities. ,
I regulations; definitions. 471.66 Vacations. I
47\.466 Administration and enforcement. 471.665 Mileage allowances.
471A67 Building requirements; 471.666 Personal use of publicly owned i
conformity. automobdes prohibited. ,
,
471.468 Building plans; approval: 471.67 Agreement between I
I e,'\:ceotions. commissioner of natural
47\.469 Elev~tors in apartment buildings. resourc~ and municipality_ ,
47\.47\ ..\,.ccess review board. 471.68 Di5tribution of publications br !
.!.71.475 MuniCipalities may lease any countY or city. 1
,
hospitals. 471.69 Limitation afuxlevies; !
47\.416 Ambulance services. statement.
. 471.':'9 Defmitions. 471.695 Cities financial statements.
47l.50 County board may make reports and audits; dellnuions.
agreements 1l'l regard (0 taxes. 411.696 FisuJ year, designation.
471.51 -\greements must state time for 471.6965 Publication of summary budget
which payments are to be made. statement.
I 47U2 ..\,.pportlOnment of payments. 411.691 Financial reporting; audit5; cities
411.53 Who may mak.e requestS. and towns of more than 2,500
-1-7l.S4 Use of money. pi}pulation.
41\.55 Construction of sections 41\.49 41\.69S Financial reporting; cities of less
to 471.55. than 2,500 population.
471.56 ~unicipal funds. 471.6985 Financial reporting; audits;
I; ECONOMLC DEVELOPMENT municipaL liquor store.
LOAN REPAYMENT 411.699 Enfora:ment ofn:porting
47l.562 DefinitiollS. requlfemects.
.. ]!
.,
I
2/) 1175. I
-"71.15 MUNICIPAl.. RlCHTS. POWERS. DImES I i74
PI""aygroundsl
471.70 Reporting of obligations bv l;itics. 471.925 Definitiolls.
lowns. school distrll:ts, and 471.926 RelatiOlllOolhc:rcounty ties. inc1udinp
bodies corporate: and politic. authority.
471.705 Meetings of ~oveming bodies; 471.927 Coopcr:3:tion wtth municipalities. tion of such I
open to public; e....ceptions. 471.928 Recording. town, county
471.707 License fees: notice. 471.929 Enforcement.
471.71 Definitions. 471.93 Appropnalions for historical of carrying 0
471.72 Application; pUTJ'Qse. work by municipalities. triet may oper:
471.7) Acceplance of provisions. 471.941 Appropriation for artistic boards to OPI
471.74 Bonds to r~ire unfunded activitles.
indeb[f~dne:ss. 471.95 Patients in public hospitals, History,
471.75 Order:s, sufficient funds; eXlension of credit,
certificates of indebtedness. 471.96 MemJxt"Ship in Stale and national 1973 C 123 an
471.76 Expendilures., Obligations; dert's associations.
statement. 471.97 Authority 10 advance expense 471.16 MAl
471.77 Indebtedness contracted in excess money.
of revenue. 471.975 Payment of salary differential far Subdivis
471.78 Indebtedness in e:tcessof reser.-e farces on acti'Ve duty. or any board t.
revenue, COntracfS void. 471.98 Self-insurance; definitions.
471.79 Enforcemem. 471.981 Self-insurance coverage by inCOrpOraled t
471.80 Applicalion. political subdivision. they may coo
471.81 Construction. 471.982 Review ofjoim 5elf.insurance
471.82 Repealer. exceptions. pool. and in any m
47l.83 Severable. effect. 471.985 County and cily ordinances tion of the prog
471.8.:: C<;:meleries;appropriation by prohibi[ingtrespa.ssing..
certain subdivisions. 471.99 N"O[iceofgavemmemaaion. ale money VOl
471.35 Property transfer, public 471.991 Definitions. w1lh a nonpr
corporations. 471.992 Equitable compensation right to enter i
471.3"6 Firefighten. proltc1ion; mOlor relationships.
vehicles, operation, loss from. 471.993 Compensation relationships of fore designated
471.87 Public otflcers, interest in posilions. bonds issued J
COntracl; penally. 471.994 lob ~valua(ion svstem. approval of a
471:88 Exceptions.. 471.995 Report3vaii...bility.
471.881 Exceptions; application. 471.9966 Effect on other law. school electio .
471.89 Comr.ag"wl1en void.. 471.997 Hum.an rights act, evidence. su~_t
471.89'5" . Certam'g.tfts by interested 471.9975 Suits barred.
pencns proh,j,bited. 471.998 Report to commis.sioner. a tax to .
471.90 Statutory cities, hospital; lransfer 471.9981 COunties and cities; pay equiry programs" r 51
lO coumy. compliance.
471.91 Air travel aCCOUnfS. 471.999 R>,:port to legislature. tal subdivision, ~
471.92 DangerouseXeaV3[ions; 471.9995 Rental dwelling notice. I.
maintenance, abandonment. 471.9996 Rent control prohibited.
471.924 Counryreguiation of History: (I
pawnbrokers. secondhanq and C 496 s 1; 1971
junk dealers.
NOTE: For special laws relating to specific political subdivisions., see Table 1, Vol. I l. 471.17 LOCAl
471.01 [Repealed, 1976 c 44 s 70J Any corpo
ation program
471.02 [Repealed, 1976 c 44 s 70J (I) property
471.03 [Repealed, 1976 c 44 s 70] (2) other pI
471.04 [Repealed, 1976 c 44 s 70J or board, with~
471.05 [Repealed, 1976 c 44 s 70] (3) private p
471.06 [Repealed, I 97 6 c 44 s 70 J (4) shall hJ
471.07 [Repealed, 1976 c 44 s 70J ational service _
471.08 [Repealed, 1976 c 44 s 70] History: (1
471.09 [Repealed, 1976 c 44 s 70J
471.10 [Repealed, 1976 c 44 5 70] 471.18 STAT1
471.11 [Repealed. 1976 c 44 s 70] In all cases
471.12 [Repealed, 1976 c 44 s 70) shall:
471.13 [Repealed, 1976 c 44 s 70] (!) Establis,
tors;
471.14 [Repealed, 1976 c 44 s 70J (2) Prepare
471.15 RECREATIONAL FACILITIES. appropriate manu<.:.
Any home rule charter or statutory city or any town, county, school district, or any out the ProVisiol
board thereof, or any incorporated pOSt of the American Legion or any other incorpo- History: (19
rated veterans' organization, may expend not to exceed $800 in anyone year, for the .
purchase of awards and trophies and may operate a program of public recreation and I
471.63 MUNIOPAL RICHTS. POWERS. DUTIES 3/3 1206 1207
':
l! with the county auditor in which county such appropriation is made, within 30 days thereo
Ii . after such appropriation. The county audilnr shall keep a record of Ihe total appropria.
.. z author
" [ions so made.
... requirt
;Ii
I' History: 1945 c 6 s 1-7; 1949c 486 s 2; 1969 c 150 s 1; 1973 c 583 s 34; 1986 c 444 Hi
1
:.jL" S 4; 1W
k 471.631 REWARDS FOR INFORMATION ABOUT FELONS.
i::
!: A home rule chaner or statulory cilY may offer and pay a reward or fund the pay- 471.65
;.
" ment of a reward offered by a nonprofit organization in an amount it deems appropriale MENT.
l' for information leading to [he apprehension and charging or conviction of a person
lt. Sub
L alleged to have commil1ed a felony within the city's limits. statute (
~. History: 1993 c 63 s 1 school c
~; :
!: ~ accept fr
471.633 FIREARMS. or adv3r,
The legislature preempts all authority of a home rule chaner or stalutory city (1) ,
including a city of the fi~t ~Aass, county, town, municipal Corporation, or other govern- 2l6C.37.
mental subdivision, or any. of their instrumentalities, to regulate firearms, ammunition, of federal
or their respective com pan ems [0 the complete exclusion of any order, ordinance or (2) tl
regulation by them except that: such loan,
(a) a governmental subdivision may regulate the discharge of firearms; and recei ved t
(b) a governmental subdivision may adopt regulalions idenlical to stale law. planning c
Local regulation inconsistent with this section is void. Subd.
.. History: 1985 c 144 s 1 advances,
~ ,--.- States ort1
471.634 DEFINTI10N. shaJJ not be
For purposes of section 471.633, the terms "municipal corporation" and "govern- utory or ch~
mental subdivision," or instrumentality thereof, do not include school districts and HistoJ")
other enlilies composed exclusively of school districts when school boards or school 10 subd 1
administrators are regulating school grounds, school facilities, school transportation 471.653 Dl
services, school programs, or the conduct of students at any activities conducted under
the direct or indirect supervision or control of the school board or administration. Federal
,- States Code,
History: lSp1985 c 12 art 7 s 24 rule Or statUi
* 471.635 ZONING ORDINAN'CES. determines tl
Notwithstanding section 471.633, a governmental subdivision may regulate by emmental se:-
payment to tl
reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, the location of tion based Or:
businesses where firearms are sold by a firearms dealer. For the purposes of this section, aCres of land
a firearms dealer is a person who is federally licensed to sell firearms and a governmen- mary access te
tal subdivision is an entity described in sections 471.633 and 471.634. vices to the en
History: 1993 c 326 art 1 s 3; 1993 c 366 s 8 rescue service"
planning and (
471.64 ACQillSmON AND DlSPOSmON OF PROPERTY FROM UNITED The distri
STATES AND STATE AGENCIES. board to a qual.
Subdivision 1. Any county, city, town, school district, or other political subdivi- located in each
sian of the state may enter into any contract with the United States of America or with 25 percem of e'
any agency thereof, any state agency, or with any other political subdivision of [he state there shalJ be a
for the purchase, lease, sale, or other acquisition or disposition of equipment. supplies, 30 percent of tj
materialsl or other property, including real property, without regard to statutory or History: 1"
charter provisions. The acquisition or disposition of such property from or to the fed-
eral government shall be in accordance with the rules and regulations which may be pre~ 471.655 ECOJ\
scribed by the U niled Stales of America or any agency Ihereof. !TIES.
Subd. 2. The governing body of any polilkal subdivision of the state may desig- With respeCl
nate by appropriate resolution Or order any officer or employee of its own to enter a nity Act of ] 964
bid or bids in its behalf at any sale of equipment, supplies~ material or other property. other municipali:
including real propeny, owned by the United States of America or wilh any agency lic body of this 51
D 1/::'
I (~~ENDED FEBRU~~Y 22, 1995) f5cH\~T Couneil File' 95-20
(AMENDED HARCH 1. 1995)
(AMENDED HARCH a, 1995) Ordinance I 95-20
I. f 1
~ - Green Sheet # 29696
ORDINANCE
ITY OF ~NT PAUL, MINNESOTA
I Presented -av:
I Referred "I
1
I 2
3 An ordinance amending Chapter 60 of tbe Saint
4 Paul Legislative Code penaining to Zoning;
I 5 adding provisions regulating the location of
6 firearms dealers.
7
I 8 The Council of the City of Saint Paul Does Ordain:
9
10 Section 1
I 11
12 That section 60.206 F of the Saint Paul Legislative Code is
13 hereby amended so as to add the following definitions thereto:
14
I 15 Firearm~ Anv weaoon from which is propelled anv missile,
16 prolectile, bullet or other mass throuqh a barrel by means of
17 explosives or Gas or air, but excludinq antique firearm,
I- 13 children's toy, ItBBII qun, scuba aun. stud aun. nail qun. or
19 similar industrial tool or medical instrument.
20
21 Firearms dealer4 A person who is federally licensed to
I 22 sell firearms ~fl.a. opCYute3 a ~un chop l.. ,:r.ich fL:c.a.1..1t3 a.::T. .33::'j
23 f:roD a ~c~~Qn_~t b~3~HC~~ lec;:t':'an.
24
I 25 :;ectian 2
26
27 'I'hct .Jcctian 60.207 G of t~c :;aiftt ~3U~ Le~i.Jlat.:.vc Codc ':'.:J
28 hc::-cb:r i:.Jflc.r.~:.:: ~o a3. te ~dd the ~ol:ewing defiftition thcreto:
I 29
30 CU:1 3r.cc. :. building ,,~ ~. of a buildifl<3 aecupied b] "
l'O::-_len
31 firea~Jl1.J deu' er '"'hid; ha:: elevated .:J3lf\C portia:: 0: ito fleer a::-cc
32 dC~Dt::..:: ~" thc .36.1.:. 0: .:ircarID3 ul'ld .:l:FR::nun ~ tior..
I 33
34 eR
35
I 36 Section 2
37
38 That section 60.207 G of the Saint Paul Legislative Code is
39 hereby amended so as to add the following definition thereto:
I 40
41 GUft ;];:0'0. 1, bU.3"':'..e.:J'::' 0: .:.n.; .:..:.:::::. occlltJic...: io" 3 fi:.. 2,:t::-1f.:J
,
42 dca.::'c.r '-'here a If.clerity ef U'.f: flee::- arc> 0:- c31~.J r "~alulTl,-, ~3
I 43 d:::":otcd to =.:. r C;:L!~m:: una ammu~itien di.Jolcy :::J.:Fl~ .3a::'::..:J; ar a
44 bL.:..3i..c..:J- e= all. -3":'~':::' '.n-~c::-~ f':'_~an',G .:.nd alL..,U~.:" tiof1 .30.1:"3 i3 a
45 .:3cct:.efl ,,- :n..:.bp61. t of <3 larec.: ::Jtore. 3l:l::h e:o 3D0rt~~Q' gaec.3 una
.- 46 ha::-d'.la::-e .J~0I<::'3, .:t'.C::-C t7lC- 8::l 2. CG J.:-:..:: dcvot::d te ~. una
_lr-:.a::-r.J3
47 3.:r.:<f.~.,it.iar. i:; CJO 3Q"t...:":':;:-C. :c<:-:. ar :;,orc ~
I
----------
-- ---- A qun shoo is a business of any size '=~;;ed bvl
1
2 Gun shop.
3 a firearms dealer where for a ~criod sf more thaA J con3ccut:,c
4 msntRG c1uriREI a cQl::nd::r year: (al a malority of the oross floorl
5 area is devoted to display and sales of firearms. and/or
6 ammunition. or both;zn~ (b) 1200 s uare eet or more of f 00
7 area are devoted todlSolav and sales of firearms, iJ.:1s.!er .
8 ....,... i:a-'~~- _+...M.... ""'~~O--"--'"'"""~"ia:.~Et-1
ammuni tion , or both; R:;i$JZi: e.i:iij"" ffi>leM~1:;:;srt'{fa1:!t:!a""usatJ;e;<;'''''';sn I, '~~n'o
9 !1!ll.JlI1&'5lilt41'11.~!~~~~r'
10
11
12 ~:~~r~T-~ ~f;~:-~~~s~'~~'~~~:~~~'~nebGsii1essl s'derTved from th e I
13
14 .~
15 Section 3 .
16
17 That section 60.614 of the Saint Paul Legislative Code is
18 hereby amended to read as follows: .
19
20 sec. 60.6~4. Principal Uses permitted subject to special
21 conditions.
22 The' following additional uses shall be permitted subject to .
23
24 the conditions hereinafter imposed for each Use and subject to
25 the standards specified for all special condition uses as set
26 forth in section 64.JOO(d). All principal uses permitted subject I
27 to special conditions shall be reviewed and approved by the
28 planning commission.
29 .
30 (1) All uses as permitted and as regulated in the B-3
31 Business District under principal uses permitted
32 subject to special conditions. -I
33
34 ( 2) Airports.
35
36 (3) Outdoor (dri ve- in) theaters subject to the following I
37 conditions:
38
39 a. The proposed internal design shall receive
40 approval from the city engineer as to the adequacYI
41 of drainage, lighting and other technical aspects.
42
43 b. Outdoor theaters shall abut directly upon a major
44 thoroughfare, with their points of ingress and .
45 egress available only from said major
46 thoroughfare.
47 .
48 c. For vehicles vaiting or standing to enter the
49 facility, there shall be provided for off-street
50 waiting space for no less than fifty (50)
51 automobiles. I
52
53 d. The area shall be laid out sO as to prevent the
54 movie screen from being viewed from residential I
55 areas or adjacent major thoroughfares.
56
57 ( 4) All commercial and public radio and television
58 transmitting antennas, and public utility microwave and.
2 -.
I
-- -- ---- -~ ...-..- -. .-- ---. - -- - . -- ;>/ ';:>
I ] cellular telephone antennas subject to the fvlloloHng
2 condi"Cions:
3
4 a. The antennas, transmitting towers or array of
I. 5 towers shall be located on a continuous parcel
6 having a dimension equal to the height of the
7 antenna, transmitting tower or array of towers
I 8 measured between the base of the antenna or-tower
9 located nearest a property line and said property
10 line! unless a qualified structural engineer shall
11 specify in writing that the collapse of any
I 12 antenna or tower will occur within a lesser
13 distance under all foreseeable circumstances.
14
I 15 b. The proposed installation shall meet all
16 requirements as outlined under section 62.108,
17 site plan review.
18
I 19 (5) Commercial, private and public satellite dish
20 transmitting or receiving antennas in excess of three
21 (J) meters in diameter, sUbject to the following
I 22 conditions:
23
24 a. Satellite dish antennas shall be located on zoning
25 lots of sufficient size to assure that an
I 26 obstruction-free transmit-receive window or
21 windows can be maintained within the limits of the
28 property ownership.
29
I 30 b. Except where the antenna is screened by a
31 structure exceeding the antenna height, landscape
Ie 32 bUffering and screening shall be maintained on all
33 sides of the satellite dish antenna in a manner in
.<1 which growth of the landscape elements will not
c>.
35 interfere with the transmit-receive window.
36
I 37 c. The proposed installation shall meet all
38 requirements as outlined under section 62.108,
39 site plan review.
I 40
41 (6) Prisons, reformatories and other correctional
42 institutions which are not community residential
43 facilities.
I 44
45 (7 ) Race tracks.
46
I 47 (8 ) Railroad yards, shops or similar facilities.
48
49 (9) Heliports and helistops, public and private, located at
50 an airport, SUbject to the following conditions:
I 51
52 a. The heliport and helistop shall be located at
53 least one thousand (1,000) radial feet from any
54 residentially used or zoned property, measured in
I 55 a straight line from the closest point of the
56 takeoff and landing area to the property line of
57 the closest residentially used or zoned property.
I 58
Ie 3
I
L//s I
I
1 b. The applicant shall perform a noise analysis to4lt I
2 determine whether upon establishment of the_
3 heliport or helistop the Noise Pollution Control
4 Rules, Chapter 7010, of the Minnesota Pollution
5 Control l>.gency, would imm~diately be violated. If I
6 the analysis shows that the rules would be
7 violated, the applicant shall take measures to
8 prevent the potential violation before the -
9 heliport or helistop is established. I
10
11 c. The heliport or helistop shall be constructed,
12 operated and maintained in accordance with the I
13 rules and regulations of the Federal Aviation
14 Administration (FAA) and State of Minnesota.
15 Documentation that the FAA and state have approved
16 the heliport or helistop shall be included with I
17 the ~EP~ication.
18
19 d. A site plan of the proposed facility and an area I
20 map showing the distance between the proposed
21 take-off and landing area and the nearest
22 residential property shall be provided to the
23 commission. I
24
25 (10) Overnight shelters as permitted and regulated in the B-
26 5 Central Business-Service District. ~
27 Municipal and commercial yard waste sites for storage, I
28 (11)
29 transfer or composting of yard waste, subject to the
30 following conditions: I
31
32 a. Only yard waste and no other types of solid waste
33 shall be accepted;
34 I
35 b. The municipal or commercial yard waste site shall
36 be lOcated no closer than three hundred (300) feet
37 fram any residentially used or zoned property as I
38 measured from the edge of the nearest compost pile
39 to the nearest residentially used or zoned
40 property;
41 I
42 c. The municipal or commercial yard waste site shall
43 be enclosed by fencing or shall limit vehicular or
44 p~destrian access through the USe of berms, trees I
45 or other means. The site may have greenhouses for
46 composting yard waste;
47
48 d. The height of the compost pile shall be limited to I
49 no higher than fifteen (15) feet above grade; and
50
51 e. The municipal or commercial yard waste site shall I
52 be maintained cleanly inclUding immediate removal
53 of ~aste materials deposited on or near the site
54 whiCh cannot be composted. ~
55 I
56 (12) Gun shoos. and shootino oalleries subiect to the
57 followina conditions:
58 I
4
----
I -- -- ---- -p- . ::;/5'
1 a. The qun shop or shootinq qallerv is located 2t
2 least one thousand 11.000) radial feet from any
3 residentially zoned property and from anY
I 4 "urotected use." defined as: A qroup day care
. 5 center which has a business siqn indicatinq this
6 use; a house of worship; a publ ic library; a
I 7 school Ipublic. parochial or private elementary
8 iunior hiqh or hiqh schoo11; a public reqional
9 park or uarkway, public park. pUblic recreation
10 center or public suecialized recreation facility
I 11 as identified in the parks and recreation element
12 of the Saint Paul Comprehensive Plan. The
13 distance shall be measured in a straiqht line from
14 the closest point of the prooerty line of the
I 15 buildinq in wh ich the qun shop is located to the
16 closest point of the property line of the
17 protected use;
I 18
19 ~ The qun shop or shootinq qallery meets the
20 required firearms dealers security standards as
2] mandated bv Minnesota Statutes. Section 624.7161.
I 77
23 ~ Accessory bUlldlngs, structures and uses, as
24 defined in section 60.201.
25
I 26 Section 4
27
28 That this ordinance shall take effect and be in force thirty
I 29 days from and after its passage, approval and publication.
I-
I PrllUI~
I APR - 11995
I Yeas NaVE I >.bsent I Requested by Oepartment of:
Gr~mm V-
I GUerln ...-- I
Harris __
I . ~egarc( . i"--'
. er.t:m.an ,;.-- I
Thune ...-
h.l.aKev -' . By:
I _.J Form APprO/fa by CH,Y Attorn?
I Adoption By' ~/~WJ
/../,~ .'/1-- II
,. 7 ,t, '.
By; ApprO~ed!by Mayof !o~ Submission ~o
I coun~i.). I
Approved by H~yo~: .~.~/
_ By, By'
I Q ~"\,, "",-"J ) l~_ \\"\ ,,_ ..-', 0 .l~_ c. I, ~-:\:::1~_ \-"' TOTAL P.D6 -.-
I
I
I ,
CITY OF ARDEN HILLS
I- MEMORANDUM
I DATE: November 16, 1995
TO: Mayor and City Council ~
I FROM: Kevin Ringwald, Community Development Director
I SUBJECT: Sexually Oriented Business Regulations
The City Council and the City Administrator have placed several objectives on the work program
I for the Community Development Department for 1995, one of these objectives was an ordinance
regulating sexually oriented businesses within the City.
I Currently, the City Code in Chapter 13.5 regulates Massage, Rap and Sauna Parlors within the
City. However, the City Code does not regulate sexually oriented businesses (ie., adult
I bookstores, etc.,) except that they are required to obtain a business license under the City Code in
Chapter 13-24, Subpart gg (retail sales).
I- The regulating of sexually oriented businesses has already received a significant level of judicial
review. Thereby, providing the City with a legally defensible framework for instituting these
regulations. As with most land use regulations, the complete ban of a particular type of land use
I has not met constitutional muster and has been struck down by the courts. The Attorney General
of the State of Minnesota prepared a document in 1989 on the regulation of sexually oriented
businesses (Exhibit A). The Staff is also including for your information a copy from the 1995
I Update for City Attorneys on mlmicipal regulation of adult entertainment businesses (Exhibit B),
an article from the Municipality (Wisconsin League of Cities) on the same topic (Exhibit C), and
an article from the Zoning News (Exhibit D). The Staff will have at the worksession for
I inclusion into your deliberations the 308 page analysis of the regulation of adult entertainment
uses which was prepared by the Rochester/Olmsted Consolidated Planning Department and the
I Office oftlJe Rochester City Attorney.
The Staff has inquired with other Cities as to their regulations of sexually oriented businesses.
I The Staff has received ordinances from twelve communities. Those communities are: Blaine,
Bloomington, Brooklyn Park, Coates, Coon Rapids, Little Canada, Maple Grove, Minnetonka,
Ramsey, Rochester, White Bear Lake, and Woodbury. The Staffwill have these ordinances at
I the worksession for inclusion into your deliberations on the regulation of sexually oriented
businesses.
I
I-
I
I
, I
The Staff in reviewing these articles, legal opinions, and ordinances has attempted to find
common threads which weave through all of them. Those common threads are: -I
1. Adverse secondary effects.
The courts are generally requiring a legal connection, a nexus, between the use of police
powers and a specific threat to the public's health, safety, and welfare. In this case, the I
use of the City's police power would be the regulating ofland use or licensing (sexually
oriented businesses). The adverse secondary effects which would be a threat to the
public's health, safety, and welfare, ifnot regulated or licensed, would relate to increased I
crime, decrease in property values, risk to public health due to unsafe actions of certain
individuals, prevent blight, and disproportionate amount of public dollars expended due I
to the secondary effects of these uses. The courts have determined that cities
contemplating regulating sexually oriented businesses may adopt the findings of other
cities as it relates to adverse secondary effects, and are not required to show that adverse I
secondary effects would or have occurred in the city.
2. Distance requirements from sensitive users. I
The regulations of cities typically have a spacing requirement between a sexually oriented
business and sensitive users. Sensitive users can be, but are not limited to, schools,
churches, day cares, parks, and single family neighborhoods. The spacing requirement is I
typically 1,000 feet, this distance has withstood judicial review. The obvious public
purpose argument in requiring this distance is in preventing the previously mentioned
adverse secondary effects of these uses and the probable negative impact on these -I
sensitive users. These distnace requirementrs cannot be so restrictive so as to prohibit
these uses from occurring within the City.
3. Distauce requirement from other sexually oriented businesses. I
The regulations of cities typically have a spacing requirement from one sexually oriented I
business to another sexually oriented business. The spacing requirement is again
typically 1,000 feet between these similar users. The main purpose in regulating this
aspect of these users is to minimize the blighting influence these users will most likely I
have on a City. These distance requiremetns cannot be so restrivtive so as to prohibt
these uses from occurring within the City.
A notable exception to this distance requirement is larger cities, such as Minneapolis, I
which tries to compress these users into a small geographic area of the city, a red light
district. The creation of a red light district is an attempt to provide an area for these I
businesses to occur, which they have a legal right to do, in an area which will minimize
the impacts on the greater community to the largest extent possible.
I
I
-I
I
I
I. ,
, 4. Conduct of patrons within the sexnally oriented business.
The regulation of cities typically regulate the conduct of patrons within the sexually
I oriented business. The basis for this regulation is related to prevention of criminal
activity, primarily prostitution, or related to public health concerns, the transmission of
sexually transmitted diseases.
I 5. Exterior requirements of sexually oriented businesses.
I These regulations typically deal with signage and the exterior appearance of the building.
These regulations minimize the exposure of these activities to the community and
specifically minors. These requirements also deal with the layout of the store itself so as
I to minimize the commission of crimes or to reduce the possibility of sexually transmitted
diseases. Lastly, these requirements also deal with enforcing the State law requiring
sealed wrappers and opaque covers of sexually oriented materials.
I 6. License and investigative fees.
The license and investigative fees cities charge are highly variable. This variation was
I also shown in our analysis of the regulation and licensing of pawn shops. The City would
need to set fees which are responsive to its anticipated costs of conducting the licensing
procedures and investigations.
I
.-
I
I
I
I
I
I
I
Ie
I
~ ~fJlI A 1/-:>0
~ ' .
.- .
~
,
, REPORT OF THE ATTORNEY GENERAL'S
- WORKING GROUP ON THE REGULATION
I OF SEXUALLY ORIENTED BUSINESSES
I
I June 6, 1989
I-
I
I
I
I
I
I HUBERT H. HUMPHREY, III
Attorney General
I State of Minnesota
I-
I
_0__- -..~-
"2/5a I
.1
- I
MEMBERS OF THE
ATTORNEY GENERAL'S WORKING GROUP I
ON THE REGULATION OF SEXUALLY ORIENTED BUSINESSES
I
Ann Burkhart John LalDC I
Associate Professor Minneapolis Chief of Police
University of Minnesota Minneapolis, Minnesota
Law School I
Minneapolis. Minnesota Sharon Sayfes-Belton
Councilwoman
Honorable Kathleen A. Blatz Minneapolis, Minnesota I
Minnesota House of Representatives
IR/Bloomington, Minnesota Honorable Kathleen Vellenga
Minnesota House of Representatives I
Honorable Terry M. Dempsey DFUSt. Paul, Minnesota
Minnesota House of Representatives -.
IR/New Ulm, Minnesota Wllflam WIlson
Councilman
Thomas L Fabel St. Paul, Minnesota
Lindquist & Vennum I
Minneapolis, Minnesota
I
I
I
I
I
I
.1
I
.. 3/sc
~' .
~ TABLE OF CONTENTS -
-. INTRODUCTION ..................................................................................................... 1
.. SUMMARY .............................................................................................................. 3
IMPACTS OF SEXUALLY ORIENTED BUSINESSES ......................................... 6
~ Minneapolis Study .................................................................................................. 6
St Paul .................................................................................................................... 7
, Indianapolis ............................................................................................................ 8
, Phoenix .................................................................................................................... 9
Los Angeles ............................................................................................................ 10
, Concentration of Sexually Oriented Businesses Neighborhood Case Study .. 10
T estimony ............................................................................................................... 12
,- SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME .................... 14
PROSECUTORIALAND REGULATORY ALTERNATIVES ..................................
20
, OBSCENITY PROSECUTION ..............................................................:................ 21
, RECOMMENDA TlONS .......................................................................................... 24
OTHER LEGAL REMEDIES ................................................................................... 25
, RICO/FORFEITURE ............................................................................................... 25
RECOMMENDA TIONS .......................................................................................... 28
, NUISANCE INJUNCTIONS ................................................................................... 28
, RECOMMENDA TIONS .......................................................................................... 30
ZONING .................................................................................................................. 30
, Supreme Court Decisions ... .................................................................................. 31
'. -i-
,
I
- -. -
- I
II '--I/so
. , I
.
- -I
PI Standards and Need for Legal Zoning ................................................................. 35
Documentation to Support Zoning Ordinances .................................................. 36
I
. Availability of Locations for Sexually Oriented Businesses ................................ 37
Distance Requirements ......................................................................................... 39 I
.
Requiring Existing Businesses to Comply with New Zoning ............................. 40
g RECOMMENDA TIONS ..............................._.............................................,........... 41 I
UCENSING AND OTHER REGULATIONS .......................................................... 41
I
. RECOMMENDA TIONS .......................................................................................... 44
CONCLUSION ...................................:.................................................................... 45 I
.
. I
-I
.
I I
. I
I I
I I
. I
I I
I I
-I
-ii-
I
I .
... S/su
~ INTRODUCTION
.
Many communities in Minnesota have raised concerns about the impact of
"- sexually oriented businesses on their quality of life. It has been suggested that sexually
oriented businesses serve as a magnet to draw prostitution and other crimes into a
vulnerable neighborhood. Community groups have also voiced the concern that
... sexually oriented businesses can have an adverse effect on property values and
impede neighborhood revitalization. It has been suggested that spillover effects of the
Id businesses can lead to sexual harassment of residents and scatter unwanted evidence
of sexual liaisons in the paths of children and the yards of neighbors.
fill Although many communities have sought to regulate sexually oriented businesses,
these efforts have often been controversial and equally often unsuccessful. Much
,. community sentiment against sexually oriented businesses is an outgrowth of hostility
to sexually explicit forms of expression. Any successful strategy to combat sexually
.. oriented businesses must take into account the constitutional rights to free speech
which limit available remedies.
Only those pomographic materials which are determined to be "obscene" have no
constitutional protection. As explained later in more detail, only that pornography
which, according to community standards and taken as a whole, "appeals to the
I prurient interest" (as opposed to an interest in healthy sexuality), describes or depicts
, sexual conduct in a "patently offensive way" and "lacks serious literary, artistic, political
or scientific value," can be prohibited or prosecuted. Miller v. California, 413 U.S. 15,
,
II 24 (1973).
It Other pornography and the businesses which purvey it can only be regulated
where a harm is demonstrated and the remedy is sufficiently tailored to prevent that
harm without burdening First Amendment rights. In order to reduce or eliminate the
I irnpacts of sexually oriented businesses, each community must find the balance
between the dangers of pornography and the constitutional rights to free speech. Eac/'l
I community must have evidence of harrn. Each community must know the range of
legal tools which can be used to combat the adverse impacts of pornography and
I sexually oriented businesses.
I- -1-
I
....
-
:IJ b/5b I
I
.
On June 21, 1988, Attorney General Hubert Humphrey 11/ announced the formation.
of a Working Group on the Regulation of Sexually Oriented Businesses to assist public I
.
officials and private citizens in finding legal ways to reduce the impacts of sexually
oriented businesses. Members of the Working Group were selected for their special I
, expertise in the areas of zoning and law enforcement and included bipartisan
representatives of the state legislature as well as members of both the Minneapolis I
. and St. Paul city councils who have played critical roles in developing city ordinances
regulating sexually oriented businesses. I
.,
The Working Group heard testimony and conducted briefings on the impacts of
. sexually oriented businesses on crime and communities and the methods available to I
reduce or eliminate these impacts. Extensive research was conducted to review
regulation and prosecution strategies used in other states and to analyze the legal I
. ramifications of these strategies.
. As testimony was presented, the Working Group reached a consensus that a I
comprehensive approach is required to reduce or eliminate the impacts of sexually -.
I oriented businesses. Zoning and licensing regulations are needed to protect residents
from the intrusion of "combat zone" sexual crime and harassment into their
. neighborhoods. Prosecution of obscenity has played an important role in each of the I
cities which have significantly reduced or eliminated' pornography. The additional
threat posed by the involvement of organized crime, if proven to exist, may justify the I
~ resources needed for prosecution of obscenity or require use of a forfeiture or
racketeering statute. I
.
The Working Group determined that it could neither advocate prohibition of all
. sexually explicit material nor the use of regulation as a pretext to eliminate all sexually I
oriented businesses. This conclusion is no endorsement of pornography or the
businesses which profit from it. The Working Group believes much pornography . I
f conveys a message which is degrading to women and an affront to human dignity.
Commercial pornography promotes the misuse of vulnerable people and can be used .
I by either a perpetrator or a victim to rationalize sexual violence. Sexually oriented
businesses have a deteriorating effect upon neighborhoods and draw involvement of
I
l organized crirne.
-.
I
-2-
.
.. -, /SC
Communities are not powerless to combat these problems. But to be mQst
effective in defending itself from pornography each community must work from the
evidence and within the law. The report of this Working Group is designed to assist
~ local communities in developing an appropriate and effective defense.
The first section of the report discusses evidence that sexually oriented
-- businesses, and the materials from which they profrt, have an adverse impact on the
surrounding communities. It provides relevant evidence which local communities can
use as part of their justification for reasonable regulation of sexually oriented
businesses.
The Working Group also diScussed the relationship between sexually oriented
businesses and organized crime. Concems about these broader effects of sexually
oriented businesses underlie the Working Group's recommendations that obscenity
should be prosecuted and the tools of obscenity seized when sexually oriented
businesses break the law.
. The second section of this report describes strategies for regulating sexually
oriented businesses and prosecuting obscenity. The report presents the principal
{I altematives, the recommendations of the Working Group and some of the legal issues
to consider when these strategies are adopted.
I The goal of the Attorney General's Working Group in providing this report is to
support and assist local communities who are struggling against the blight of
I pornography. When citizens, police officers and city officials are concerned about
crime and the deterioration of neighborhoods, each of us lives next door. No
I community stands alone.
I SUMMARY
I The Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses makes the following recommendations to assist communities in protecting
I themselves from the adverse effects of sexually oriented businesses. Some or all of
I- -3-
I
I e./sa .
I . I
these recommendations may be needed in any given community. Each community .
i must decide for itself the nature of the problems it faces and the proposed solutions . .
. which would be most fitting.
I 1. City and county attorneys' offices in the Twin Cities metropolitan .
area should designate a prosecutor to pursue obscenity prosecutions I
and support that prosecutor with specialized training.
I .
2. The Legislature should consider funding a pilot program to I
demonstrate the efficacy of obscenity prosecution and should
encourage the pooling of resources between urban and suburban .
prosecutor offices by making such cooperation a condition for receiving
any such grant funds. I
3. The Attorney General should provide informational resources for
city and county attorneys who prosecute obscenity crimes. I
4. Obscenity prosecutions should begin with cases involving those e.
materials which most flagrantly offend community standards.
5. The Legislature should amend the present forfeiture statute to I
Include as grounds for forfeiture all felonies and gross misdemeanors I
pertaining to solicitation, inducement, promotion or receiving profit from
prostitution and operation of a "disorderly house."
The Legislature should consider the potential for a RiCO-like I
6.
statute with an obscenity predicate. .
7. Prosecutors should use the public nuisance statute to enjoin I
operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostltutlon, gambling or operating a disorderly .
house.
I
-4- -.
I
-----
\ ~/~
~.' 8. Communities should document findings of adverse secondary
~ .
effects of sexually oriented businesses prior to enacting zoning
regulations to control these uses so that such regulations can be upheld
~ if challenged in court.
~ 9. To reduce the adverse effects of sexually oriented businesses,
communities should adopt zoning regulations which set distance
requirements between sexually oriented businesses and sensitive uses,
~
including but not limited to residential areas, schools, child care
facilities, churches and parks.
~ 10. To reduce adverse Impacts from concentration of these
~ businesses, communities should adopt zoning ordinances which set
distances between sexually oriented businesses and between sexually
I oriented businesses and liquor establishments, and should consider
restricting sexually oriented businesses to one use per building.
.- 11. Communities should require existing businesses to comply with
new zoning or other regulation of sexually oriented businesses within a
I reasonable time so that prior uses wlll conform to new laws.
I 12. Prior to enacting licensing regulations, communities should
document findings of adverse secondary effects of sexually oriented
I businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld if challenged in
court.
I
13. Communities should adopt regulations which reduce the likelihood
I of criminal activity related to sexually oriented businesses, Including but
not limited to open booth ordinances and ordinances which' authorize
I denial or revocation of licenses when the licensee has committed
offenses relevant to the operation of the business.
I
I-
.5-
I
..
~ .
- I~/su
..
- 14. Communities should adopt regulations which reduce exposure of
the community and minors to the blighting appearance of sexually - I
rt oriented businesses, including but not limited to regulations of signage
and exterior design of such businesses, and should enforce state law .
- requiring sealed wrappers and opaque covers on sexually oriented
material. I
.
Ii IMPACTS OF SEXUALLY ORIENTED BUSINESSES. .
The Working Group reviewed evidence from studies conducted in Minneapolis and .
. St. Paul and in other cities throughout the country. These studies, taken together,
provide compelling evidence that sexually oriented businesses are associated with high I
. crime rates and depression of property values. In addition, the Working Group heard
testimony that the character of a neighborhood can dramatically change when there is
I
. a concentration of sexually oriented businesses adjacent to residential property.
-.
.
Minneapolis Study
I In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime .
Prevention Center examined the effects of sex-oriented and alcohol-oriented adult I
. entertainment upon property values and crime rates. This study used both simple
regression and multiple regression statistical analysis to evaluate whether there was a
I
. causal relationship between these businesses and neighborhood blight.
II The study concluded that there was a close association between sexually oriented I
businesses, high crime rates and low housing values in a neighborhood. When the
data was reexamined using control variables such as the mean income in the. I
. neighborhood to determine whether the association proved causation, it was unclear
whether sexually oriented businesses caused a decline in property values. The .
. Minneapolis study concluded that sexually oriented businesses concentrate in areas
which are relatively deteriorated and, at most, they may weakly contribute to the
I continued depression of property values. .
-.
. -6-
f) I
I-
I~ J 11 So
r However, the Minneapolis study found a much stronger relationship between
sexually oriented businesses and crime rates. A crime index was constructed including_
robbery, burglary, rape and assault. The rate of crime in areas near sexually oriented
businesses was then compared to crime rates in other areas. The study drew the
following conclusions:
1. The effects of sexually oriented businesses on the crime rate index is
~ positive and significant regardless of which control variable is used.
2. Sexually oriented businesses continue to be associated with higher
.. crime rates, even when the control variables' impacts are considered
simultaneously.
.. According to the statistical analysis conducted in the Minneapolis study, the
addition of one sexually oriented business to a census tract area will cause an increase
... in the overall crime rate index in that area by 9.15 crimes per thousand people per year
even if all other social factors remain unchanged.
...
-. St. Paul
.. In 1978, the St. Paul Division of Planning and the Minnesota Crime Control
Planning board conducted a study of the relationship between sex-oriented and
alcohol-oriented adult entertainment businesses and neighborhood blight. This study
'- looked at crime rates per thousand and median housing values over time as indices of
neighborhood deterioration. The study combined sex-oriented and alcohol-oriented
~ businesses, so its conclusions are only suggestive of the effects of sexually oriented
businesses alone. Nevertheless, the study reached the following important
.. conclusions:
'- 1. There is a statistically significant correlation between the location of
adult businesses and neighborhood deterioration.
~
'II -7-
..
1"2...( S"" ~
, I
2. . Adult entertainment establishments tend to locate in somewhat -I
deteriorated areas, -
3. Additional relative deterioration of an area follows location of an adult I
business in the area.
4, There is a significantly higher crime rate associated with two such I
businesses in an area than is associated with only one adult business. I
5, Housing values are also significantly lower in an area where there are
three adult businesses than they are in an area with only one such business. I
Similar conclusions about the adverse impact of sexually oriented businesses on I
the community were reached in studies conducted in cities across the nation.
I
IndIanapolis e.
In 1983, the City of Indianapolis researched the relationship between sexually'
oriented businesses and property values. The study was based on data from a I
national random sample of 20 percent of the American Institute of Real Estate
Appraisers, I
"
The Study found the fol/owing: I
1. The appraisers overwhelmingly (80%) felt that an adult bookstore
located in a neighborhood would have a negative impact on residential I
property values within one block of the site.
iI 2. The real estate experts also overwhelmingly (71%) believed that there I
would be a detrimental effect on commercial property values within the same I
. one block radius.
. I
-I
.
-8-
Il I
-----
. '~/so
3. This negative impact dissipates as the distance from the site increases,
so that most appraisers believed that by three blocks away from an adult
-
bookstore, its impact on property values would be minimal.
Indianapolis also studied the relationship between crime rates and sexually
oriented bookstores, cabarets, theaters, arcades and massage parlors. A 1984 study
entitled "Adult Entertainment Businesses in Indianapolis' found that areas with sexually
~ oriented businesses had higher crime rates than similar areas with no sexually oriented
businesses.
.. 1. Major crimes, such as criminal homicide, rape, robbery, assault,
burglary, and larceny, occurred at a rate that was 23 percent higher in those
areas which had sexually oriented businesses.
2. The sex-related crime rate, including rape, indecent exposure, and child
molestation, was found to be 77 percent higher in those areas with sexually
~. oriented businesses.
,
Phoenix
The Planning Department of Phoenix, Arizona published a study in 1979 entitled
"Relation of Criminal Activity and Adult Businesses.' This study showed that arrests for
'- sexual crimes and the location of sexually oriented businesses were directly related.
The study compared three areas with sexually oriented businesses with three control
areas which had similar demographic and land use characteristics, but no sexually
~ oriented establishments. The study found that,
, 1. Property crimes were 43 percent higher in those areas which contained
a sexually oriented business.
, 2. The sex crime rate was 500 percent higher in those areas with sexually
oriented businesses.
i.
I -9-
I
r. I
,
1'1.f~~ .1
- 3. The study area with the greatest concentration of sexually oriented
businesses had a sex crimes rate over 11 tirnes as large as a similar area I
- having no sexually oriented businesses. -
I
-
Los Anqeles I
-
A study released by the Los Angeles Police Department in 1984 supports a I
~ relationship between sexually oriented businesses and rising crime rates. This study is
less definitive, since it was not designed to use similar areas as a control. The study
- indicated that there were 11 sexually oriented adult establishments in the Hollywood, I
California, area in 1969. By 1975, the number had grown to 88. During the same time
period, reported incidents of "Part I" crime (I.e., homicide, rape, aggravated assault, I
~. robbery, burglary, larceny and vehicle theft) increased 7.6 percent In the Hollywood
area while the rest of Los Angeles had a 4.2 percent increase. "Part II" arrests (I.e. I
- forgery, prostitution, narcotics, liquor law violations, and gambling) increased 3.4
percent in the rest of Los Angeles, but 45.4 percent in the Hollywood area. -.
Concentration of Sexually Oriented Businesses .
NelqhborhOOd Case Study
In St Paul, there is one neighborhood which has an especially heavy concentration I
of sexually oriented businesses. The blocks adjacent to the intersection of.University I
1 Avenue and Dale Street have more than 20 percent of the city's adult uses (4 out of 19),
. including all of St Paul's sexually oriented bookstores and movie theaters.
11 The neighborhood, as a whole, shows signs of significant distress, including the I
highest unemployment rates in the city, the highest percentage of families below the .
. poverty line in the city, the lowest median family income and the lowest percentage of
high school and college graduates. (See 40-Acre Study on Adult Entertainment, St. .
. Paul Department of Planning and Economic Development, Division of Planning, 1987 at
p. 19.) It would be difficult to attribute these problems in any simple way to sexually
Q oriented businesses. I
-I
. -10-
. .
I -.~-.
II , Is(s-o
lie However, it is likely that there is a relationship between the concentration of
sexually oriented businesses and neighborhood crime rates. The St. Paul Police
11 Department has determined that St. Paui's street prostitution is concentrated in a
"street prostitution zone" immediately adjacent to the intersection where the sexually
II oriented businesses are located. Police statistics for 1986 show that, of 279 prostitution
arrests for which specific locations could be identified, 70 percent (195) were within the
.1 "street prostitution zone." Moreover, all of the locations with 10 or more arrests for
prostitution were within this zone.
~ The location of sexually oriented businesses has also created a perception in the
community that this is an unsafe and undesirable part of the city. In 1983, Western
~ State Bank, which is currently located across the street from an adult bookstore, hired a
research firm to survey area residents regarding their preferred location for a bank and
I their perceptions of different locations. A . sample of 305 people were given a list of
locations and asked, "Are there any of these locations where you would not feel safe
Ie conducting your banking business?"
No more than 4 per cent of the respondents said they would feel unsafe banking at
l other locations in .the city. But 36 percent said they wouid feel unsafe banking at Oale
and University, the corner where the sexually oriented businesses are concentrated.
The Working Group reviewed the 1987 4Q-Acre Study on Adult Entertainment
prepared by the Division of Planning in 81. Paul's Department of Planning and
Economic Development. This study summarized testimony presented to the Planning
Commission regarding neighborhood problems:
Residents in the University/Dale area report frequent sex-related harassment
by motorists and pedestrians in the neighborhood. Although it cannot be
proved that the harassers are patrons of adult businesses, it is reasonable to
suspect such a connection. Moreover, neighborhood residents submitted
evidence to the Planning Commission in the fonm of discarded pornographic
literature allegedly found in the streets, sidewalks, bushes and alleys near
adult businesses. Such literature is sexually very explicit, even on the cover,
~ -11-
{rp/S?:J I
. .1
and under the present circumstances becomes available to minors even
though its sale to minors is prohibited. I
! -
j Testimony I
j The Working Group heard testimony that a. concentration of sexually oriented I
businesses has serious impacts upon the surrounding neighborhood. The Working
J Group heard that pornographic materials are left in adjacent lots. One person reported I
to the police that he had found 50 pieces of pornographic material in a church parking
lot near a sexually oriented business. Neighbors report finding used condoms on their I
. lawns and sidewalks and that sex acts with prostitutes occur on streets and alleys in
plain view of families and children. The Working Group heard testimony that arrest I
. rates understate the level of crime associated with sexually oriented businesses. Many
robberies and thefts from "johns' and many assaults upon prostiMes are never
. reported to the police. I
. Prostitution also results in harassment of neighborhood residents. Young girls on -.
their way to school or young women Gln their way to work are often propositioned by
johns. The Flick theater caters to homosexual trade, and male prostitution has been I
~ noted in the area. Neighborhood boys and men are also accosted on the street. A
police officer testified that one resident had informed him that he found used condoms
~ in his yard all the time. Both his teenage son and daughter had been solicited on their I
way to school and to work.
I The Working Group heard testimony that in the Frogtown neighborhood, I
IJ immediately north of the University-Dale intersection In St. Paul, there has been a I
change over time in the quality of life since the sexually oriented businesses moved into
the area. The Working Group heard that the neighborhood used to be primarily middle I
. class, did not have a high crime rate and did not have prostitution. St. Paul police
officers testified that they believed the sexually oriented businesses caused
. neighborhood problems, particularly the Increase in prostitution and other crime rates. I
Property values were suffering, since the presence of high crime rates made the area
II I
. -12- -.
. I
------------
II 17 Iso
I. less desirable to people who would have the ability and inclination to improve their
I~ homes.
-
I. The Working Group made some inquiry to determine to what extent smaller cities
outside the Twin Cities Metropolitan area suffered adverse impacts of sexually oriented
I. businesses. The Working Group was informed by the chiefs of police of Northfield and
Owatonna that neither city had adult bookstores or similar sexually oriented
Ii businesses. Police chiefs in Rochester and Winona stated that sexually oriented
businesses in their communities operate in non-residential areas. In addition, there is
no "concentration" problem.. In Rochester, there are two facilities in a Shopping mall
I. and a single bookstore in a depressed commercial/business neighborhood. The
Winona store is located in a downtown business area. The police chiefs stated that
~ they had no evidence of increased crime rates in the area adjacent to these facilities.
They had no information as to the effect which these businesses might have on local
\. property values.
Information presented to the Working Group indicates that community impacts of
\ sexually oriented businesses are primarily a function of two variables, proximity to
residential areas and concentration. Property values are directly affected within a small
\ radius of the location of a sexually oriented business. Concentration may compound
depression of property values and may lead to an increase in crime sufficient to change
\ the quality of life and perceived desirability of property in a neighborhood.
The evidence suggests that the impacts of sexually oriented businesses are
, exacerbated when they are located near each other. Police officers testified to the
Working Group, that "vice breeds vice." When sexually oriented businesses have
, multiple uses (Le. theater, bookstore, nude dancing, peep booths), one building can
have the impact of several separate businesses. The Working Group heard testimony
, that concentration of sexually oriented businesses creates a "war zone" which serves
as a magnet for people from other areas who "know" where to find prostitutes and
, sexual entertainment. The presence of bars in the irnmediate vicinity of sexually
oriented businesses also compounds impacts upon the neighborhood.
'. .
, -13-
~
, '~/~G I
,
,
I
I
I The Attorney General's Working Group believes that regulatory strategies designed el
to reduce the concentration of sexually oriented businesses. insulate residential areas
I from them, and reduce the likelihood of associated criminal activity would constitute a -
[
rational res'ponse to evidence of the impacts which these businesses have upon local I
I communities.
f I
SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME
i I
Infiltration of organized crime into sexually oriented businesses reinforces the need
for prosecution of obscenity and requires specific regulatory or law enforcement tools. I
. The Working Group attempted to assess both the present and potential relationship
between organized crime and sexually oriented businesses. I
.
The Working Group heard testimony from a witness who had been prosecuting
I
. obscenity cases for the past thirteen years that many sexually oriented businesses have
out-of-town absentee owners. If the manager of a local business is prosecuted on an
. Clbscenity charge, his testimony may make it possible to pierce the corporate veil and -.
identify the true owners.
~ The Working Group heard testimony that an organized crime entity may operate I
somewhat like a franchisor. In order to stay in business, the local manager of a .
~ sexually oriented business may have to pay fees to organized crime. The makers and
wholesalers of pornographic materials are also likely to be involved with organized
crime. I
The Working Group conducted additional research to assess the relationship I
between sexually oriented businesses and organized crime. The Working Group was
informed by prosecutors of obscenity that there were many ways in which organized I
crirne entities could derive a benefit from sexually oriented businesses. There is a large
, profrt margin in pornography. The presence of coin-operated peep booths provides an
~ opportunity to launder money. Cash obtained from illegal activities, such as I
I prostitution or narcotics, can be explained as the income of peep booths. Cash
. income can also escape taxation, in violation of law. I
-I
M -14-
tI I
I-
I Ii /S<J
Ie Although It IS clear that organized crime is involved to some degree in the'
pornography industry, various sources reach different conclusions as to the depth and
extent of this involvement. Part of the difference in assessment is based on differences .
I in the way the term "organized crime" is defined. Authorities who restrict their
definition of organized crime to the highly organized ethnic hierarchy known as La Cosa
I Nostra (LCN) tend to find fewer links than those who define the term to include other
organized criminal enterprises. Where there has been intensive law enforcement and
1 prosecution, it is more likely that linkage between sexually oriented businesses and
I
~
organized crime figures will be evident.
~ The Working Group has adopted the definition of organized crime contained in
Minnesota's Report of the Legislative Commission on Organized Crime (1975). The
~ Working Group is concerned about the relation between sexually oriented businesses
and any "organized criminal conspiracy of two or more persons that is continuous in
~ nature, involves activity generally crossing jurisdictional lines and results in third-party
profit." The threat from organized crime includes, but is not limited to involvement of
national crime enterprises such as LCN.
~.
Recent federal indictments of James G. Hafiz in Indiana for pe~ury1l and. of
, Harry V. Mohney in Michigan for tax evasion suggest a possible connection between
organized crime and a Minnesota pornography business. Hafiz, a Minnesota resident
who is an agent of Beverly Theater, Inc., the company which operated the Faust
Theater in St. Paul,g/ has been linked to Mohney, a major pornographer based in
Michigan. The indictments allege that Mohney caused the incorporation of the
company which operated the Faust, that a corporation owned by Mohney paid for
improvements to the Faust and that Mohney is, in fact, the owner of numerous sexually
oriented businesses, including the Faust. (See United States v. Hafiz, Indictment, No.
IP 88-102-CR (S.D. Ind., Sept. 15, 1988); United States v. Mohney, Indictment, No.
88-50062 (E.D. Mich. Sept. 9, 1988)).
11 HafIZ was acquitted of the perjury charges. St. Paul Pioneer Press, Jan. 11, 1989, p.
10A.
g/ The City of St. Paul bought out the Faust for $1.8 milliqn, closing the entertainment
complex on March 7, 1989.
-15-
-- --
I
2.,~/ ~ I
Mohney, in turn, has been linked with national organized crime enterprises. A 1977 -I
i report of the United States Justice Department stated:
I ~
I It is believed that Harry V. Mohney of Durand, Michigan, is one of the largest I
dealers in pornography in the United States. . . He is alleged to have a close
, association with the LCN. Columbo and the LCN DeCavalcante, both of I
which are very Influential In pornography in the eastern United States. In
Michigan, Mohney is known to hire individuals with organized crime
i associations to manage his businesses. His businesses and corporations I
consist of 60 known adult bookstores, massage parlors, art theaters, adult
drive-in movies, go-go type lounges and pornographic warehouses in
I Michigan, Indiana, illinois, Kentucky, Tennessee, Wisconsin, Iowa, Ohio and I
California. He is Involved in the financing and production of pornographic
movies, magazines, books and newspapers. He also directs the importation I
j and distribution of his own and other pornographic publications to retail and
wholesale outlets throughout the United States and Canada . . . He has a
. working relationship with DeCavalcante's representative Robert DiBernardo I
and has rnet with Vito Giacalone and Joseph Zerilli of the LCN Detroit. He
has to cater to both to operate in Michigan.
. U.S. Justice Dep't, Orqanized Crime Involvement in Pornoqraphy, reprinted in the -.
Attomey General's Comm'n on Pornography (hereinafter "Pornography Commission"),
2 final Report at 1229-30 (1986). I
Organized crime has the potential to infiltrate Minnesota's pornography industry. I
Evidence on a national level highlights the vulnerability of sexually oriented businesses
to criminal control. A number of sources have reported that there is a connection I
between organized crime and the pornography industry.
The Pornography Commission reported that the Washington, D.C., Metropolitan I
Police Department "determined that traditional organized crime was substantially
involved in and did essentially control much of the major pornography distribution in .
the United States during the years 1977 and 1978: 2 final Report at 1044-45. The
Washington, D.C., study "further concluded that the combination of the large amounts .
of money involved, the incredibly low priority obscenity enforcement had within police
departments and prosecutors' offices in an area where manpower intensive
I
-16- ..
I
-----------
I
I ZI Iso
investigations were essential for success, and the imposition of minimal fines and no
I- jail time upon random convictions resulted in a low risk and high profit endeavor for
organized crime figures who became involved in pornography." Id. at 1045.
-
I The FBI concluded in 1978:
I Information obtained . . . points out the vast control of the multi-million dollar
pornography business in the United States by a few individuals with direct
I connections with what is commonly known as the organized crime
establishment in the United States, specifically, La Cosa Nostra . . .
Information received from sources of this bureau indicates that pornography
I is (a major) income maker for La Cosa Nostra in the United States behind
gambling and narcotics. Although La Cosa Nostra does not physically
oversee the day-to-day workings of the majority of pornography business in
I the United States, it is apparent that they have "agreements' with those
involved in the pornography business in allowing these people to operate
independently by paying off members of organized crime for the privilege of
I being allowed to operate in certain geographical areas.
,. Id. at 1046 .(quoting Federal Bureau of Investiqation Report ReQardinq the Extent of
OrQanized Crime Development in Pornoqraphy, 6 (1978)).
, A brief. survey of 59 FBI field offices conducted in 1985 found that about
three-quarters of those offices could not verify that traditional organized crime families
I were involved in the manufacture or distribution of pornography. Several offices did,
however, report some involvement by members and associates of organized crime. Id.
at 1046-47.
I
Stanley Ronquest, Jr., a supervisory FBI special agent for traditional organized
I crime at FBI headquarters in Washington, D.C., was interviewed by Attorney General
staff. Ronquest stated that LCN has not been directly involved in the pornography
I industry in the last ten years. However, a former FBI agent told the Pornography
Commission:
In my opinion, based upon twenty-three years of experience in pornography
and obscenity investigations and study, it is practically impossible to be in
the retail end of pornography industry (today) without dealing in some
-
-17-
-
.},
I
2'2('50. I
fashion with organized crime either the mafia or some other facet of non- -I
mafia never-the-Iess highly organized crime.
-
Id. at 1047-48. I
Thomas Bohling of the Chicago Police Department Organized Crime Division, Vice I
Control Section, told the Pornography Comrnission that "it ls the belief of state, federal.
and local law enforcement that the pornography industry is controlled by organized
crime families. If they do not own the business outright, they most certainly extract .
street tax from independent smut peddlers." Id. at 1048 (emphasis in original).
The Pornography Commission stated that it had been advised by Los Angeles I
Police Chief Daryl F. Gates that "organized crime families from Chicago, New York, I
New Jersey and Florida are openly controlling and directing the major pornography
operations in Los Angeles." Id.
The Pornography.Comrnission was told by Jimmy Fratianno, described by the I
Commission as a member of LCN, "that large profits have kept organized crime heavily -.
involved in the obscenity industry.' Id. at 1052. Fratianno testified that. "95% of the
families are involved in one way or another in pornography. ... It's too big. They just I
won't let it go.' Id. at 1052-53.
The Pomography Comrnission concluded that "organized crime in its traditional I
I LCN forms and other forms exerts substantial influence and control over the obscenity
I
industry. Though a number of significant producers and distributors are not members I
I of LCN families, all major producers and distributors of obscene material are highly
organized and carry out illegal activities with a great deal of sophistication." Id. at 1053. I
I
The Pomography Commission reported that Michael George Thevis, reportedly
I
j one of the largest pornographers in the United States during the 1970's was convicted
in 1979 of RICO (Racketeer Influenced and Corrupt Organizations) violations including
I murder, arson and extortion. The Commission also reported examples of other crimes I
associated with the pornography industry, including prostitution and other sexual
I .
-.
I -18-
C I
I '23/~
{If abuse, narcotics distribution, money laundering and tax violations, copyright violations
and fraud. Id. at 1056-65. -
I Although the Pornography Commission report has been criticized for relying on the
I' testimony of unreliable informants in drawing its conclusions finding links between
pornography and organized crime (See Scott, Book Reviews, 78 J. Crim. L &
.1 Criminology 1145, 1158-59 (1988)), its conclusions find additional support in recent
state studies.
~ The California Department of Justice recently reported that:
California's primacy in the adult videotape industry is of law enforcement
~ concern because the pornography business has been prone to organized
crime involvement. Immense profits can be realized through pornography
operations, and until recently, making and distributing pornography involved
~ a relatively low risk of prosecution. But more aggressive law enforcement
efforts and turmoil within the pornography business has destabilized the
smooth flow of easy money for some of its major operations . . . .
\. As long as control over pornography distribution is contested, and organized
crime figures continue their involvement in the business, the .pornography
, industry will remain of interest to law enforcement officials statewide.
Bureau of Organized Crime and Criminal Intelligence, Department of Justice, State of
, California, Orqanized Crime in California 1987: Annual Report to the California
Leqislature at 59-62 (1988).
I The Pennsylvania Crime Commission similarly determined in a 1980 report that
I most pornography stores examined were affiliated or owned by one of three men who
had ties with "nationally known pomography figures who are members or associated of
I organized crime families." Pennsylvania Crime Commission, A Decade of Orqanized
Crime: 1980 Report at 119.
For example, Reuben Stunman, a leading pornography industry figure based in
Cleveland, was reported by the FBI in 1978 to have built his empire with the assistance
of LCN member DiBernardo. Federal Bureau of Investiqation Report Reqardinq the
.
.
-19-
ft
.
I
~ 2<.J/S"u I
- Extent of Orqanized Crime Involvement in Pornoqraphy (1978). Sturman, who ..
1;1 reportedly controls half of the $8 billion United States pornography industry, was
recently indicted by a federal grand jury in Las Vegas for racketeering violations and by .
a federal grand jury. in Cleveland for income tax evasion and tax fraud. Newsweek,
, August 8, 1988, p. 3. I
Evidence of the vulnerability of sexually oriented businesses to organized crime I
involvement underscores the importance of criminal prosecution of these businesses
when they engage in illegal activities, including distribution of obscenity and support of
prostitution. Prosecution can increase the risk and reduce the profrt margin of I
conducting illegal activities. It may also disclose organized crime association with local
pornography businesses and increase the costs of criminal enterprise in Minnesota. I
In addition to prosecution, forfeiture of property used in the illegal activities related I
to sexuallyo[iented businesses can cut deeply into profits. Regulation to permit license
revocation for conviction of subsequent crimes may also expose and increase control
over criminal enterprises related to sexually oriented businesses. e.
PROSECUTORIAL AND REGULATORY ALTERNATIVES I
The regulation of many sexually oriented businesses, like other businesses dealing .
in activity with an expressive component, is circumscribed by the First Amendment of
the United States Constitution.~1 Nonetheless, the First Amendment does not impose I
a barrier to the prosecution of obscenity, which is not protected by the First
Amendment, or to reasonable regulation of sexually oriented businesses if the I
~I The First Amendment provides: .
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the I
freedom of speech, or of the press, or the right of the people peaceably
to assemble, or to petition the govemment for a redress of grievances.
. The constitutional guarantee of freedom of speech, often the basis for challenges to I
AI regulation of sexually oriented businesses, restricts state as well as federal actions.
See, ~, Fiske v. Kansas, 274 U.S. 380, 47 S. Ct. 655 (1927). .1
i
-20- .
m
I I 7.S/sa
~ regulation is not designed to suppress the content of expressive activity and is
sufficiently tailored to accomplish the regulatory purpose. -
I The Working Group believes that communities have more prosecutorial and
i regulatory opportunities than they may currently recognize. The purpose of this section
of the Report is to identify and recommend enforcement and regulatory opportunities.
I Of course, each community must decide on its own how to balance its limited
resources and the wide variety of competing demands for such resources.
I
I J. OBSCENITY PROSECUTION
I Obscene material is not protected by the First Amendment. Miller v. California,
413 U.S. 15, 93 S. Ct. 2607 (1973). The sale or distribution of obscene material in
Minnesota is a criminal offense. The penalty was recently increased to up to one year
I in jail and a $3,000 fine for a first offense, and up to two years in jail and a $10,000 fine
for a second or subsequent offense within fIVe years. Minn. Stat. 9 617.241, subd. 3
Ie (1988).~!
I The Working Group believes that Minnesota's obscenity statutes are adequate to
prosecute and penalize the sale and distribution of obscene materials. However,
historically, widespread obscenity prosecution has not occurred.
I The Working Group believes this is not because the sale or distribution of obscene
I publications in Minnesota is rare, but because prosecutors have been reluctant to bring
obscenity charges, because of limited resources, difficulties faced when prosecuting
I obscenity, and because obscenity has historically been considered a victimless crime.
I
~! The prior penalty was a fine only - up to $10,000 for a first offense and up to
I $20,000 for a second or subsequent offense. Minn. Stat. S 617.241, subd. 3 (1986).
Obscenity arrests are so infrequent that incidents involVing pOSSible violations of
section 617.241 are not separately compiled by the Minnesota Bureau of Criminal
I Comprehension. See Bureau of Criminal A rehension 1987 Minnesota Annual
Re ort on Crime MfsS)n I ren an ureau 0 nmlna re enslon ctlvltles.
I~ -21-
I
.
2Cp/SCJ. .
Obscenity, however. should no longer be viewed as a victimless crime.~/ There is. ..
mounting evidence that sexually oriented businesses are, as described earlier in this
report, often associated with increases in crime rates and a decline in the quality of life .
of neighborhoods in which they are located. Further. as discussed previously, when
there is no prosecution of obscenity, large cash profits make pornographic operations I
very attractive to members of organized crime. The Working Group thus believes that
prosecution of obscenity, particularly cases involving children, violence or bestiality, .
should assume a higher priority for law enforcement officials.
In addition, many of the difficulties faced when prosecuting obscenity can be .
addressed by adequate training and assistance. In order to prove that material is
obscene, a prosecutor must prove: I
(i) that the average person, applying contemporary community .
standards would find that the work, taken as a whole, appeals to the prurient
interest in sex;
(ii) that the work depicts sexual conduct. . . in a patently offensive -.
manner; and
(iii) that the work, taken as a whole, lacks serious literary, artistic, .
political, or scientific value.
Minn. Stat S 617.241, subd. 1(a)(i-iii) (1988). This statutory standard was drawn to be .
consistent with constitutional standards set forth in ~, supra. .
~/ Two blue ribbon commissions have reached different conclusions regarding the I
harrnfulness of sexually explicit material to individuals. A presidential Commission
on Obscenity and Pornography concluded in 1970 that there was no evidence of I
"Social or individual harms" caused by sexually explicit materials and, therefore,
"federal, state and loca/legislation prohibiting the sale, exhibition, or distribution of
sexual materials to consulting adults should be repealed." The Report of the I
Comm'n on Obsceni and Porno ra h at 57-8 (Bantam Paperback ed. 1970).
owever, In 1986, t e ttorney enera s ommrssion on Pornography concluded
that "sexually violent materials. . . bear '" a causal relationship to antisocial acts
of sexual vioience ". (and that] the evidence supports the conclusion that I
substantiai exposure to (non-violent] degrading material increases the likelihood for
an individual (to] . . . cornmit an act of sexual violence or sexual coercion." Attorney -.
General's Comm'n on Pornography. 1 Final Report at 326, 333 (1986).
-22- I
- --
I z7/fN
I .
To be sure, prosecutors face a number of hazards in prosecuting obscenity. They
~
include inadequate training in this specialized area of law, attempts by defense -
attorneys to remove jurors who find pornography offensive, the offering into evidence of
I pOlis and surveys through expert testimony to prove tolerant community standards,
efforts to guide jurors with jury instructions favorable to the defense, and
I discouragement with unsuccessful prosecutions.
But the hazards can be overcome. Alan E. Sears, former executive director of the
I U.S. Attorney General's Commission on Pornography has stated:
I Prosecutors can successfully obtain obscenity convictions in virtually
any jurisdiction in the United States. In order to obtain a conviction, it is
incumbent upon a prosecutor to-prepare well, know the law, not fall into the
I "one case syndrome" trap, obtain a representative jury through proper voir
dire, keep the focus of the trial on the unlawful conduct of the defendant, and
obtain legally sound instructions.
. Sears, "How To Lose A Pornography Case," The CDL Reporter (n.d.).
Ie The Working Group heard testimony from prosecutors who have pursued
obscenity cases nationally regarding effective ways to prosecute obscenity cases.
I Materials can be bought or rented, rather than seized under warrant. In the absence of
survey data, community standards can be left to the wisdom of the jury. In that case,
I experts should be prepared to. testify if the defense attempts to make a statistical case
that the material is not obscene. Prosecution of obscenity is also likely to be most
I effective if initial prosecutions focus on materials which are patently offensive to the
community, such as those involving children, violence or beastiality.
I The experience of other cities has demonstrated that vigorous and sustained
enforcement of obscenity statutes can sharply reduce or virtually eliminate sexually
. oriented businesses. Cincinnati, Omaha, Atlanta, Charlotte, Indianapolis and Fort
Lauderdale were cited to the Working Group as exarnples of cities which have
I
I
I~ -23-
I
I
Z8./~ I
successful programs of obscenity prosecution.,gl The Working Group encourages -.
prosecutors to take advantage of increasing training opportunities and other assistance -
for obscenity prosecutions and to reassess the desirability of increased enforcement. I
The Working Group is pleased to note that county attorneys and law enforcement
groups in Minnesota have recently held forums and seminars on obscenity law I
enforcement and prosecution. The U.S. Justice Department's National Obscenity
Enforcement Unit offers assistance to local prosecutors, including sample pleadings,
indictments, search warrants, motions, responses and trial memoranda.II I
RECOMMENDATIONS I
1. City and county attorneys' offices In the Twin Cities metropolitan I
area should designate a prosecutor to pursue obscenity prosecutIons
and sUpport that prosecutor with specialized trainIng. I
2. The Legislature should consider funding a pilot program to
demonstrate the efficacy ot obscenity prosecution and should e.
encourage the pooling of resources between urban and suburban
prosecuting offices by making such Cooperation a condition of receiving I
any such grant funds.
.
,gl Memorandum to Jim Bellus, executive assistant to St. Paul Mayor George Latimer .
(prepared by St. Paul DeF?artment of Planning and Economic Development) (July 5,
1988); see also Waters, 'The Squeeze on Sleaze," Newsweek, Feb. 1, 1988, at 45 I
("After more than 10 years of levying heavy fines and making arrests, Atlanta has
won national renown as 'the city that cleaned up pornography,'").
II The Address of the National Obscenity Enforcement Unit is U.S. Justice I
Department, 10th & Pennsylvania Ave. N.W., Room 2216, Washington, D.C. 20530.
Its telephone number is 202-633-5780. Assistance is also available from Citizens for
Decency through Law, Inc., 2845 E.Camelback Rd., Suite 740, Phoenix, AZ 85016. I
It is the publisher of "The Preparation and Trial of an Obscenity Case: A Guide for
the Prosecuting Attorney." Its telephone number is 602-381-1322. The National
Obscenity Law Center, another pnvate organization, is located at 475 Riverside .
Drive, Suite 236, New York, N.Y. 10115. It publishes an Obscen' Law Bulletin and
the "Handbook on the Prosecution of Obscenity Cases. ts te ep one num er is
212-870-3216. ~I
-24- I
-
I
I . 2<1/~
,
Ie 3. The Attorney General should provide Informational resources for
city and county attorneys who prosecute obscenity crimes. .
. 4. Obscenity prosecutions should concentrate on cases that most
I flagrantly offend community standards.
I II. OTHER LEGAL REMEDIES
I A. RICO/FORFEITURE
I In addition to traditional criminal prosecutions, use of RICO statutes and criminal
and civil forfe'iture actions may also prove to be successful against obscenity offenders.
I By attacking the criminal organization and the profIts of illegal activity, sucl1 actions can
provide a strong disincentive to the establishment and operation of sexually oriented
businesses. For example, the federal govemment and a number of the twenty-eight
.. states which have enacted racketeer influenced and corrupt organization (RICO)
statutes include obscenity offenses as predicate crimes. Generally speaking, to violate
I a RICO statute, a person must acquire or 'maintain an interest in or control of an
enterprise, or must conduct the affairs of an enterprise through a "pattern of criminal
I activity." That pattern of criminal activity may include obscenity violations, which in turn
can expose violators to increased fines and penalties as well as forfeiture of all property
acquired or used in the course of a RICO vioiation. These statutes generally enable
. prosecutors to obtain either criminal or civil forfeiture orders to seize assets and may
also be used to obtain injunctive relief to divest repeat offenders of financial interests in
I sexually oriented businesses. See 18 U.S.C. ~~ 1961-68 (:Nest Supp. 1988). RICO
statutes may be particularly effective in dismantling businesses dominated by
I organized crime, but they may be applied against other targets as well.
I The Working Group believes that Minnesota should enact a RICO-like statute that
would encompass increased penalties for using a "pattern" of criminal obscenity acts
to conduct the affairs of a business entity. Provisions authorizing the seizure of assets
I for obscenity violations should be considered, but the limitations imposed by the First
Amendment must be taken into account.
I-
I -25-
--.
3a!.<5Q I
I
It has been argued that a RICO or forfeiture statute based on obscenity crime -I
violations threatens to "chill protected speech" because it would permit prosecutors to
seize non-obscene materials from distributors convicted of violating the obscenity -
statute. American Civil liberties Union, Pollutinq The Censorship Debate: A Summary I
And Critique Of The Final Report Of The Attorney General's Commission On
Pornoqraphy at 116-117 (1986). I
However, a narrow majority of the United States Supreme Court recently held that .
there is no constitutional bar to a state's inclusion of substantive obscenity violations
among the predicate offenses for its RICO statute. Sappenfield v. Indiana, 57 U.S.LW.
4180,4183-4184 (February 21, 1989). The Court recognized that "any form of criminal I
obscenity statute applicable to a bookseller will induce some tendency to
self-censorship and have some inhibitory effect on the dissemination of material not I
obscene." Id. at 4184. But the Court ruled that, "the mere assertion of some possible
self-censorship resulting from a statute is not enough to render an anti-obscenity law I
unconstitutional under our precedent." Id. The Court specifically upheld RICO
provisions which increase penalties where there is a pattern of multiple violations of
obscenity laws. e.
However, in a companion case, the Court also invalidated a pretrial seizure of a I
bookstore and its contents after only a preliminary finding of "probable cause" to
believe that a RICO violation had occurred. Fort Wayne Books, Inc. v. Indiana, 57 .
U.S.LW. 4180, 4184-4185 (February 21, 1989). The Court explained there is a
rebuttable presumption that expressive materials are protected by the First
Amendment. That presumption is not rebutted untii the claimed justification for seizure .
of materials, the elements of a RICO violation, are proved in an adversary prloceeding.
Id. at 4185. I
The Court did not specifically reach the fundamental question of whether seizure of .
the assets ofa sexually oriented business such as a bookstore is constitutionally
permissible once a RICO violation is proved. The Court explained: I
[F]or the purposes of disposing of this case, we assume without
deciding that bookstores and their contents are forfeitable (like other property .
-26- -.
.
I 31/s""c
I .
,
.' such as a bank account or yacht) when it is proved that these rtems are
I
property actually used in, or derived from, a pattern of violations of the state's -
I obscenity laws.
Id. at 4185. The Working Group beiieves that a RICO statute which provided for seizure
I of the contents of a sexually oriented business upon proof of RICO violations would
have the potential to significantly curtail the distribution of obscene materials.
I Although Minnesota does not have a RICO statute, ft does have a forfeiture statute
permitting the seizure of money and property which are the proceeds of designated
I felony offenses. Minn. Stat. ~ 609.5312 (1988). But, this statute does not penmft seizure
of property related to commission of the offenses most likely to be associated wfth
. sexually oriented businesses. Obscenity crimes are not among the offenses which
justify forfeiture. Although solicftation or inducement of a person under age 13 (Minn.
. Stat. ~ 609.322, subd. 1) or between the ages of 16 and 18 to practice prostitution
(Minn. Stat. ~ 609.322, subd. 2) are included among the offenses which could justify
seizure of property, many crimes involving prostitution are outside the reach of the
.e present Minnesota forfeiture law.
I The fOllowing crimes are not included among the crimes which can justify seizure
of property and profits: solicitation, inducement, or promotion of a person between the
I ages of 13 and 16 to practice prostitution (Minn. Stat. ~ 609.322, subd. 1A); solicftation,
inducement or promotion of a person 18 years of age or older to practice prostftution
I (Minn. Stat. ~ 609.322, subd. 3); receiving profit derived from prostitution (Minn. Stat.
~ 609.323); owning, operating or managing a "disorderly house: in which conduct
habitually occurs in violation of laws pertaining to liquor, gambling, controlled
I substances or prostitution (Minn. Stat. ~ 609.33).
. Although its reach would be much more limited, the legislature should also
consider providing for forfeiture of property used to commit an obscenity offense or
I which represents the proceeds of obscenity offenses. Under the holding in Fort Wayne
Books, Inc. V. Indiana, such forfeiture could not take place, if at all, until ft was provec
that the underlying obscenity crimes had been committed.
I
.~
I -27-
--------
52( 'l)a . I
I
r There are no comparable constitutional issues raised by enacting or enforcement
I .
of forfeiture statutes based on violations of prostitution, gambling, or liquor laws. The I
legislature may require sexually oriented businesses which violate these laws to forfeit-
their profits. The Working Group believes that such an expansion of forfeiture laws I
would give prosecutors greater leverage to control the operation of those businesses
which pose the greatest danger to the community. I
RECOMMENDATIONS I
1. The legislature should amend the present forfeiture statute to I
include as grounds for forfeiture all felonies and gross misdemeanors
pertaining to solicitation, Inducement, promotion or receiving profit from I
prostitution and operation of a "disorderly house."
2. The legislature should consider the potential for a RICO-like I
statute with an obscenity predicate.
e.
8. NUISANCE INJUNCTIONS I
Minnesota law enforcement authorities may obtain an injunction and close down
operations when a facility constitutes a public nuisance. A public nuisance exists when I
a business repeatedly violates laws pertaining to prostitution, gambling or keeping a
"disorderly house." The Minnesota public nuisance law penmits a court to order a I
building to be closed for one year. Minn. Stat. H 617.80-.87 (1988).
Nuisance injunctions to close down sexually oriented businesses which repeatedly .
violate laws pertaining to prosecution, gambling or disorderly conduct are potentially .
powerful regulatory devices. The fact that a building in which prosecution or other
offenses occur houses a sexually oriented business does not shield the facility from
application of nuisance law based on such offenses. Arcara v. Cloud Books, Inc., 478 I
U.S. 697, 106 S. Ct. 3172 (1986) (First Amendment does not shield adult bookstore
I
-28- ~I
I
. -
. "33/sa
,
I .. from application of New York State nuisance law designed in part to close places of
I- prostitution).
.
. Although the Working Group believes that nuisance injunctions with an obscenity
predicate would be effective in controlling sexually oriented businesses, such
provisions would probably be unconstitutional under current U.S. Supreme Court
. decisions. Six Supreme Court justices joined in the Arcara result, but two of them -
Justices O'Connor and Stevens -- concurred with these words of caution:
I If, however, a city were to use a nuisance statute as a pretext for closing
down a book store because it sold indecent books or because of the
. perceived secondary effects of having a purveyor of such books in the
neighborhood, the case would clearly implicate First Amendment concernS
. and require analysis under the appropriate First Amendment standard of
review. Because there is no suggestion in the record or opinion below of
such pretextual use of the New York nuisance provision in this case, I concur
I in the Court's opinion and judgment.
Arcara, supra, 478 U.S. at 708,106 S. Ct. at 3178.
I- In an earlier case, Vance v. Universal Amusement, 445 U.S. 308, 100 S. Ct. 1156
I (1980), the Court ruled unconstitutional a Texas public nuisance statute authorizing the
closing of a building for a year if the building is used "habitual [Iy]" for the "commercial
exhibition of obscene material." Id. at 310 n.2, 100 S. Ct. at 1158 n.2.
I
The Court's recent holdings in Sappenfield and Fort Wayne Books, Inc. give no
I indication that the Court would now look more favorably upon an injunction to close
down a facility which sold obscene materials. The Court assumed without deciding
I that forfeiture of bookstore assets could be constitutional in a RICO case. But, in
making this assumption, the Court distinguished forieiture of assets under RICO from a
I general restraint on presumptively protected speech. The court approved the
reasoning of the Indiana Supreme Court that, "The remedy of forfeiture is intended hot
to restrain the future distribution of presumptively protected speech but rather te
. disgorge assets acquired through racketeering activity.. Fort Wayne Books, Inc. at
4185. The Court assumed that RICO provisions could be upheld on the basis that
.
.e -29-
.
'3y/~ I
I
. k
I "adding obscenity-law violations to the list of RICO predicate crimes was not a mere
-.
ruse to sidestep the First Amendrnent.. Id. Without the relationship to proceeds of
crime, a remedy which closed a facility for obscenity violations would be far less Iike1r
to withstand constitutional scrutiny. I
r
RECOMMENDATIONS I
1. Prosecutors should use the public nuisance statute to enjoin I
j operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling -or operating a disorderly I
house.
I I
I III. ZONING
I Zoning ordinances can be adopted to regulate the location of sexually oriented I
I businesses without violating the First Amendment. Such ordinances can be designed -.
I to disperse or concentrate sexually oriented businesses, to keep them at designated
distances from specific buildings or areas. such as churches, 'schools and residential I
I neighborhoods or to restrict buildings to a single sexually oriented usage. Because
zoning is an important regulatory tool when properly enacted, the Working Group
I believes a careful explanation of the law and a review of potential problems in drafting I
zoning ordinances may be helpful to communities considering zoning to regulate
I sexually oriented businesses. I
I I
I I
[ I
I I
[ -30- -I
I I
I 35/ Sb
,
I. e
A. Supreme Court Decisions
I -
The U.S. Supreme Court upheld the validity of municipal adult entertainment
I zoning regulations in Younq v. American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440
(1976), and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41,106 S.Ct. 926 (1986H!/
I In Younq, the Court upheld the validity of Detroit ordinances prohibiting the
operation of theaters showing sexually explicit "adult movies." within 1,000 feet of any
I two other adult establishments.g/ The ordinances authorized a waiver of the 1,000-foot
restriction if a proposed use would not be contrary .to the public interest and/or other
I factors were satisfied. Younq, supra, 427 U.S. at 54 n.7, 96 S.Ct. at 2444 n.7. The
ordinances were supported by urban planners and real estate experts who testified that
I concentration of adult-type establishments "tends to attract an undesirable quantity
and quality of transients, adversely affects property values, causes an increase in
crime, especially prostitution, and encourages residents and businesses to move
I elsewhere." Id. at 55, 96 S.C!. at 2445. A "myriad" of locations were left available for
I- adult establishments outside the forbidden 1,000-foot distance zone, and no existing
establishments were affected. Id. at 71 n.35, 96 S.C!. at 2453 n.35.
I Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a
reasonable regulation of the place where adult films may be shown because (1) there
I was a factual basis for the city's conclusion that the ordinance would prevent blight; (2)
the ordinance was directed at preventing "secondary effects" of adult-establishment
concentration rather than protecting citizens from unwanted "offensive" speech; (3) the
I ordinance did not greatly restrict access to lawful speech, and (4) "the city must be
allowed a reasonable opportunity to experiment with solutions to admittedly serious
I problems." Id. at 63 n.18, 71 nn.34, 35, 96 S. Ct. at 2448-49 n.18, 2452-53 nn.34, 35.
I ~/ The only reported Minnesota court case reviewing an .adult entertainrnent zoning
ordinance is Ci of St. Paul v. Carlone, 419 N.w.2d 129 (Minn. Ct. App. 1988)
I (upholding faCia constltutlona Ity 0 t. aulordinance). .
g/ The ordinances also prohibited the location of an adult theaters within 500 feet of a
residential area, but this provision was invalidated by the district court, and that
I decision was not appealed. Younq v. American Mini Theaters, Inc., 427 U.S. 50, 52
n.2, 96 S.C!. 2440, 2444 n.2 (1976).
I- -31-
I
-- ----
?GIg>;) I
.1
,
Justice Stevens did not expressly describe the standard he had used, but it was
I
clear that the plurality would afford non-obscene sexually explicit speech lesser Firsf
Amendrnent protection than other categories of speech. However, four dissenters and I
one concurring justice concluded that the degree of protection afforded speech by the
First Amendment does not vary with the social value ascribed to that speech. In his
concurring opinion, Justice Powell stated that the four-part test of United States v. I
O'Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 1679 (1968), should apply. Powell
explained: I
Under that test, a governmental regulation is sufficiently justified, despite its I
incidental impact upon First Amendment interests, "if it is within the
constitutional power of the Government; if it furthers an important or
substantial governmental interest; if the governmental interest is unrelated to I
the suppression of free expression; and if the incidental restriction on . . .
First Amendment freedom is no greater than is essential to the furtherance of
that interest." I
427 U.S. at 79-80, 96 S.Ct. at 2457 (citation omitted), (Powell, J., concurring). .1
Perhaps because Justice StevenS' plurality opinion did not offer a clearly
I articulated standard of review, post-Younq courts often applied the O'Brien test I
advocated by Justice Powell in his concurring opinion. Many ordinances regulating
I sexually oriented businesses were invalidated under the O'Brien test. See A.M. Stein, I
1 Requlation of Adult Businesses Throuqh Zoninq After Renton, 18 Pac. L.J. 351, 360
I
(1987) ("consistently invalidated"); SA. Bender, Requlatinq Pornoqraphy Throuqh I
I Zoninq: Can We 'Clean Up' Honolulu? 8 U. Haw. L. Rev. 75, 105 (1986) (ordinances
upheld in only about half the cases).
[ I
Applying Younq, the Eighth Circuit Court of Appeals invalidated a zoning ordinance
I adopted by the city of Minneapolis. Alexander v, City of Minneapolis, 698 F.2d 936 (8th . I
Cir. 1983). In Alexander, the challenged ordinance had three major restrictions on
I sexually o"riented businesses: distancing frorn specified uses, prevention of I
concentration and amortization. It prohibited a sexually oriented business from
I operating within 500 feet of districts zoned for residential or office-residences, a church; .
I -32- -.
I I
I "37/5CJ
I. ,
state-licensed day care facility and certain public schools. It forbade an adults-only
facility from operating within 500 feet of any other adults-only facility. Finally, the
I ordinance required existing sexually oriented entertainment establishments to conform-
to its provisions by moving to a new location, if necessary, within four years.
.
The Eighth Circuit ruled that the Minneapolis ordinance created restrictions too
I severe to be upheld under the Younq decision. It would have required all five of the
city's sexually oriented theaters and between seven and nine of the city's ten sexually
I oriented bookstores to relocate and would have required these facilities to compete
with another 18 adult-type establishments (saunas, massage parlors and "rap" parlors)
I for a rnaximum of 12 relocation sites. The effective result of enforcing the ordinance
would be a substantial reduction in the number of adult bookstores and theaters, and
no new adult bookstores or theaters would be able to open, the Court concluded.
I Alexander, supra, 698 F.2d at 938.
. In Renton, supra, the United States Supreme Court adopted a clearer standard
under which regulation of sexually oriented businesses could be tested and upheld.
I. The Court upheld an ordinance prohibiting adult movie theaters from locating within
1,000 feet of any residential zone, single- or multiple-family dwelling, church, park or.
school.
I
Justice Rehnquist, writing for a Court majority that included Justices Stevens and
I Powell, stated that the Renton ordinance did not ban adult theaters altogether and that,
therefore, it was "properly analyzed as a form of time, place and manner regulation."
I Id. at 46, 106 S.Ct. at 928. When time, place and manner regulations are "content-
neutral" and not enacted "for the purpose of restricting speech on the basis of its
I content," they are "acceptable so long as they are designed to serve a substantial
governmental interest and do not unreasonably limit alternative avenues of
communication," Rehnquist stated. Id. He found the Renton ordinance to be content-
I neutral because it was not aimed at the content of films shown at adult theaters.
Rather, the city's "predominate concerns" were with the secondary effects of the
I theaters. Id. at 47, 106 S.Ct. at 929 (emphasis in original). Once a time, place or
manner regulation is determined to be content-neutral, "[t]he appropriate inquiry. . . is
I whether the. . . ordinance is designed to serve a substantial governmental interest and
I'. -33-
I
- ------
38/~ I
.1
,
allows for reasonable avenues of cornmunication," Rehnquist wrote for the Court. Id. at
50, 106 S.Ct. at 930. I
-
The Supreme Court found that Renton's "interest in preserving the quality of urban I
life" is a "vital" governrnental interest. The substantiality of that interest was in no way
diminished by the fact that Renton "relied heavily" on studies of the secondary effects I
of adult entertainment establishments by Seattle and the experiences of other cities,
Rehnquist added. Id. at 51,106 S.Ct. at 930-31. I
The First Amendment does not require a city, before enacting such an
ordinance, to conduct new studies or produce evidence independent of that I
already generated by other cities, so long as whatever evidence the city relies
upon is reasonably believed to be relevant to the problem that the city
addresses. That was the case here. Nor is our holding affected by the fact I
that Seattle ultimately chose a different method of adult theater zoning than
that chosen by Renton, since Seattle's choice of a different remedy to .
combat the secondary effects of adult theaters does not call into question
either Seattle's identification of those secondary effects or the relevance of
Seattle's experience to Renton. -.
Id. at 51-52, 106 S.Ct. at 931.
.
Rehnquist's inquiry then addressed the means chosen to further Renton's I
substantial interest and inquired into whether the Renton ordinance was sufficiently
"narrowly tailored." I
His comrnents on Renton's means to further its substantial interest suggest that I
muniCipalities have a wide latitude in enacting content-neutral ordinances aimed at the
secondary effects of adult-entertainment establishments. He quoted the YounQ I
plurality for the Proposition that:
It is not our function to appraise the wisdom of [the city's] decision to require I
adult theaters to be separated rather than concentrated in the same
areas. . . . [TJhe city rnust be allowed a reasonable opportunity to .
experiment with solutions to admittedly serious problems.
Id. at 52, 106 S.Ct. at 931 (quoting YounQ, supra, 427 U.S. at 71,96 S.Ct. at 2453). I
-34- .'1
I
- ..
- -
II 31/5tJ
I~ As to the "narrowly tailored" requirement. Rehnquist found that the Renton
II ordinance only affected theaters producing unwanted secondary effects and, therefore,-
was satisfactory. .!Q.
,. The second prong of Renton's "time, place, manner" inquiry __ the availability of
I alternative avenues of communication -- was satisfied by the district court's finding that
520 acres of land, or more than five percent of Renton, were left available for adult-
I entertainment uses, even though some of that developed area was already occupied
and the undeveloped land was not available for sale or lease. A rnajority of the Court
found:
~
I That [adult theater owners] must fend for themselves in the real estate
I rnarket, on an equal footing with other prospective purchasers and lessees,
does not give rise to a First Amendment violation. . " In our view, the First
Amendment requires only that Renton refrain from effectively denying [adult
I theater owners] a reasonable opportunity to open and operate an adult
theater within the city, and the ordinance before us easily meets this
j- requirement.
Id. at 54, 106 S.Ct. at 932.
I
B. Standards and Need for Leqal Zoninq
I
Unlike' Younq, the Renton case spells out the standards by which zoning of
I sexually oriented businesses should be tested. Renton and several lower court
decisions rendered in its wake suggest that the two most critical areas by which the
i ordinances will be judged are 1) whether there is evidence that ordinances were
enacted to address secondary impacts on the cornmunity, and 2) whether there are
, enough locations still available for sexually oriented businesses so that zoning is not
just a pretext to eliminate pornographic speech. 1 0/
[I 1Q/ Of 11 recent post-Renton adult-entertainment zoning decisions by federal courts,
five invalidated ordinances, three upheld ordinances and three ordered a remand
[I to district court for further proceedings. Zoning ordinances were struck in Avalon
Cinema Corp. v. Thom~son, 667 F.2d 659 (8th ir. 1987)( city council failed to offer
lie (Footnote 10 ContInued on ext Page)
-35-
'I
C-(o/~ I
.'
1 This section first describes some of the legal considerations which communities
!
rnust keep in mind in drafting zoning ordinances for sexually oriented businesses. .
Then, some suggestions are provided, based on evidence reviewed by the Working -
Group, of types of zoning which can be enacted to reduce the secondary effects of I
sexually oriented businesses.
I
1. Documentation to Support Zoninq Ordinances
I
Sexually oriented speech which is not obscene cannot be restricted on the basis of
its content without running afoul of the First Amendment. The justification for regulating I
-
sexually oriented businesses is based on proof that the zoning is needed to reduce
secondary effects of the businesses on the community. I
~
,
u Since Renton, a number of adult entertainment zoning ordinances have been
f invalidated for failure of the enacting bOdy to document the need for zoning regulations. I
~ Thus, one court invalidated a zoning ordinance because there was "very little, IT any,
-I
evidence of the secondary effects of adult bookstores. . . before the City Council. . . ..
::
.
r (Footnote 10 Continued from Previous Page) I
I
evidence suggesting neighborhood decline would result); Tollis, Inc. v. San
b Bernadino Coun~, 827 F.2d 1329 (9th Cir. 1987) (no evidence presented to .
legislative body 0 secondary harmful effects); Ebel v. Corona, 767 F.2d 635 (9th
Cir. 1985) (lack of effective alternative locations); 11126 Baltimore Boulevard, Inc.
v. Prince Geor e's Co un of Ma land, 684 F. Supp. 884 (D. Md. 1988) I
[ InSU IClent eVI ence 0 secon ary e ects presented to legislative body; special
exception provisions grant excessive discretionary authority to zoning officials);
and peo~les Taqs, Inc. V. Jackson County Leqislature, 636 F. Supp. 1345 rvv.D. I
I Mo. 1986 (Improper legislative purpose to prevent continued operation of adult-
entertainment establishment). Zoning ordinances were upheld in SDJ, Inc. V. Ci~
of Houston, 837 F.2d 1268 (5th Cir. 1988); FW/PBS, Inc. v. City of Dallas, 837 F.2
f 1298 (5th Cir. 1988); and S & G News Inc. V. City of South~ate, 638 F.Supp. 1060 I
(E.D. Mich. 1986), aff'd without published opinion, 819 F.2 1142 (6th Cir. 1987).
Remands were ordered In Chns V. Ci of Ann Arbor, 824 F.2d 489 (6th Cir.
1987), cert. denied, U.S. ,108. t. 1013 1988 remand for determination I
f of excessive restrictions); International Food & Bevera e S stems v. Ci of Fort
Lauderdale, 794 F.2d 1520 11t Ir. 1986 reman or reconSI eratlon In Ig to
Renton, ~upra; nude bar ordinance), and Walnut Pro erties Inc. V. Ci of Whittier,
I 808 F.2 1331 (9th Cir. 1986) (reman , In part, or etermmatlon 0 and I
availabil ity).
-.
I -36-
I I
I '1/ /~
I. 11126 Saltimore Boulevard, supra, 684 F. Supp. at 895; see also Tollis v. San
Bernadino County, 827 F.2d 1329, 1333 (9th Cir. 1987) (ordinance construed to prohibit
I single Showing of adult movie in zoned area; invalidated for failure to present evidence-
of secondary effects of single showing); but see Thames Enterprises v. City of St. Louis,
I 851 F.2d 199, 201-02 (8th Cir. 1988) (observations by legislator of secondary effects
sufficient) .
I On the other hand, it is not necessary for each municipality to conduct research
independent of that already generated by other cities. The Renton court held that
I evidence of the need for zoning of sexually oriented businesses can be provided by
studies from other cities "so long as whatever 'evidence the city relies upon is
I reasonably believed to be relevant to the problem that the city addresses." Id. at 51,
106 S,Ct. at 931. See also SDJ, Inc. V. City of Houston, 837 F.2d 1268, 1274 (5th Cir.
I 1988) (public testimony from experts, Supporters and opponents and consideration of
studies by Detroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate
I purpose).
I- The first section of this report summarizes evidence from various cities
documenting the secondary effects of sexually oriented businesses. Following Renton,
it is intended that local communities will make use of this evidence in the course of
I assembling support for reasonable regulation of sexually oriented businesses.
I 2. Availability of Locations for Sexually Oriented Businesses
I Courts also evaluate whether zoning of sexually oriented businesses is merely a
pretext for prohibition by reviewing the alternative locations which remain for a sexually
I oriented business to operate under the zoning scheme. A municipality must "refrain
from effectively denying . . . a reasonable opportunity to open and operate" a sexually
I oriented business. Renton, supra, 475 U.S. at 54, 106 S. Ct. at 932.
- Access may be regarded as unduly restricted if adult entertainment zones are
I
unreasonably small in area or if the number of locations is unreasonably few. There is
- no set amount of land or number of locations constitutionally required. The Renton
~.
l.e -37-
!I
- ---
tfz.j ~ -
.-
court found that 520 acres of "accessible real estate,' including land "criss-crossed by
freeways" -- rnore than five percent of the entire land area in Renton __ was sufficient. I
475 U.S. at 53, 106 S.Ct. at 932. The Younq court found the availability of "myriad"-
locations sufficient. 427 U.S. at 72 n.35, 96 S.C!. at 2453 n.35. I
Whether .058 square miles constituting .23 of 1 percent of the land area within the I
city's central business zone is sufficient is not clear. See Alexander v. The City of
Minneapolis (Alexander II), No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (less
than 1% of land area could be valid if "ample actual opportunities" for relocation exist); I
Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for a
determination of excessive restriction). See also 11126 Baltimore Boulevard, Inc. v. I
Prince Georqe's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative
locations sufficient); Alexander v. City of Minneapolis, 698 F.2d 936, 939 n.7 (8th Clr. I
1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments not
sufficient) .
I
The SuffiCiency of sites available for adult entertainment uses may be measured in -I
relation to a number of factors. See, ~, Alexander II, supra, slip op. at 22-23
(insufficient if relocation site owners refuse to sell or lease); International Food &
Beveraqe Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986) (suggesting number of I
sites should be determined by reference to community needs, incidence of
establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 682 I
F.2d 1203, 1209 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting
adult theaters to industrial areas that were "largely a patchwork of swamps,
warehouses, and railroad tracks lack(ing] access roads and retail I
, establishments").
However, the fact that land zoned for adult establishments is already occupied or I
not currently for sale or lease will not invalidate a zoning ordinance. Renton, supra, 475 I
U.S. at 53-54, 106 S.Ct. at 932; but see, Alexander II, supra, slip op. at 22-23
(reasonable relocation opportunity absent where owners refuse to sell or rent). There is I
f no requirement that it be economically advantageous for a sexually oriented business
, to locate in the areas permitted by law.
l I
I
l -38- -.
I I
I, c.t~/~
,
II . 3. Distance Requirements
I~ Another factor that may be examined by some courts is the distance requirement.
established by an adult entertainment zoning ordinance. In SOJ, Inc. v. Houston, 837
II F.2d 1268 (5th Cir. 1988), the Court was asked to invalidate a 750-foot distancing
requirement on the ground that the city had not proved that 750 feet, as opposed to
, some other distance, was necessary to serve the city's interest.
I,
I The Court found that an adult entertainment zoning ordinance is "sufficiently well
I; tailored if it effectively promotes the government's stated interest" and declined to
"second-guess" the city council. Houston, supra, 837 F.2d at 1276.
-
I Courts have sustained both requirements that sexually oriented businesses be
, located at specified distances from each other, ~ Younq, supra, (upholding distance
I requirement of 1000 feet between sexually oriented businesses), and requirements that
I sexually oriented businesses be located at fixed distances from other sensitive uses,
~ Renton, supra, (upholding distance requirement of 1000 feet between sexually
Ie oriented businesses and residential zones, single-or-multiple family dwellings,
churches, parks or schools).
I The Working Group heard testimony that when an ordinance establishes distances
between sexually oriented uses, an additional regulation may be needed to prevent
, operators of these businesses to defeat the intent of the regulation by concentrating
I sexually oriented businesses of various types under one roof, as in a sexually oriente_d
I mini-mall. The city of St. Paul has adopted an ordinance preventing more than one
adult use (e.g., sexually oriented theater, bookstore, massage parlor) from locating
within a single building. A similar ordinance was upheld in the North Carolina case of
j Hart Book Stores, Inc. v. Edmisten, 612 F. 2d 821 (4th Cir. 1979), cert. denied, 447 U.S.
929 (1980).
* The experience with multiple-use sexually oriented businesses at the University-
I Dale intersection suggests that these businesses have a greater potential for causing
neighborhood problems than do single-use sexually oriented businesses. Following
I Renton, it is suggested that lawmakers document the adverse effects which the
~. -39-
~
---
4Y/~. I
.1
community seeks to prevent by prohibiting multiple-use businesses before enacting
this type of ordinance. I
-
4. ReQuirinq ExistinQ Businesses to Comply with New ZoninQ I
Zoning ordinances can require existing sexually-oriented businesses to close their I
operations provided they do not foreclose the operation of such businesses in new'
locations. Under such provisions, an existing business is allowed to remain at its I
present location, even though it is a non-conforming use, for a limited period.
The Minnesota Supreme Court has explained the theory this way: I
The theory behind this legislative device is that the useful life of the I
nonconforming use corresponds roughly to the amortization period, so that
the owner is not deprived of his property until the end of its useful life. In I
addition, the rnonopoly position granted during the amortization period
theoretically provides the owner with compensation for the loss of some -.
property interest, since the period specified rarely corresponds precisely to
the useful life of any particular structure constituting the nonconforming use.
NaeGele Outdoor Advertisino Co. v. Villaqe of Minnetonka, 162 NW.2d 206, 213 (Minn. I
1968).
Such provisions applied to sexually oriented businesses have been said to be I
"uniformly upheld." Dumas v. City of Dallas, 648 F. Supp. 1061, 1071 (N.D. Tex. 1986), I
. aff'd, FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988) (citing cases).
As detailed in the first section of this report (pp. 6-15), there are significant .
- secondary impacts upon communities related to the location of sexually oriented
businesses. These impacts are intensified when sexually oriented businesses are I
. located in residential areas or near other sensitive uses and when sexually oriented
[ businesses are concentrated near.each other or near alcohol oriented businesses. The I
Working Group believes that evidence. from studies such as those described in the first
[ section of this report and anecdotal evidence from neighborhood residents and police I
l -40- -I
( I
I 4-5( SQ
,
I. .
officers should be used to support the need for zoning ordinances which address these
problems.
I
-
I RECOMMENDATIONS
I 1. Communities should document findings of adverse
secondary effects of sexually oriented businesses prior to enacting
I zoning regulations to control these uses so that such regulations can be
upheld if challenged in court.
I 2. To reduce the adverse effects of sexually oriented
businesses, communities should adopt zoning regulations to set
I distance requirements between sexually oriented businesses and
sensitive uses, including but not limited to residential areas, schools,
I child care facilities, churches and parks.
Ie 3. To reduce adverse impacts from concentration .of sexually
oriented businesses, communities should adopt zoning ordinances .
I which set distance requirements between liquor establishments and
sexually oriented businesses and between sexually oriented businesses
and should consider restricting sexually oriented businesses to one use
II per building.
I[ 4. Communities should require existing businesses to comply with
new zoning or other regulation pertaining to sexually oriented
I[ businesses within a reasonable time so that prior uses will conform to
new laws.
It
IV. LICENSING AND OTHER REGULATiONS
I[ Ucensing and other regulations may also be used to reduce the adverse effects of
I[ sexually oriented businesses. The critical requirements which communities must keep
It- -41-
II
C-/b/~ I
..
in mind are that regulations must be narrowly crafted to address adverse secondary
effects, they must be reasonably related to reduction of these effects and they must be I
capable of objective application. If these standards can be met, licensing and other-
regulatory provisions may play an important role in preventing unwanted exposure to I
sexually oriented materials and in reducing the crime problems associated with
sexually oriented businesses. I
It is clear that failure to act upon a license application for a sexually oriented I
business cannot take the place of regulation. Without justification, denial or failure to
grant a license is a prior restraint in violation of the First Amendment. Parkway Theater
Corporation v. City of Minneapolis, No. 716787, slip. op. (Henn. Co. Dist. Ct., Sept. 24, I
1975).
An ordinance providing for license revocation of an adult motion picture theater if I
the licensee is convicted of an obscenity offense is also likely to be held I
unconstitutional as a prior restraint of free speech. Alexander v. City of St. Paul, 227
N.W.2d 370 (Minn. 1975). The Alexander court stated: -.
[WJhen the city licenses a motion picture theater, it is . licensing an
activity protected by the First Amendment, and as a result the power of the I
city is more limited than when the city licenses activities which do not have
First Arnendment protection, such as the business of selling liquor or running
a massage parlor. .
Id. at 373 (footnote omitted); ~ also, Cohen v. City of Daleville, 695 F. Supp. 1168, .
l. 1171 (M.D. Ala. 1988) (past sale of obscene material cannot justify revocation of
license).
1 I
I However, the courts have permitted communities to deny licenses to sexually
I -
, oriented businesses if the person seeking a license has been convicted of other crimes .
! which are closely related to the operation of sexually oriented businesses.
[ In Dumas v. City of Dallas, supra, the court reviewed a requirement that a license I
applicant not have been convicted of certain crimes within a specified period. Five of
.
l the enumerated crimes were held to be not sufficiently related to the purpose of the
-I
I -42-
I I
i
I '/7/SO
.
I. .
adult entertainment licensing ordinance because the city had made no findings on their
justification. The invalid enumerated offenses were controlled substances act
. violations, bribery, robbery, kidnapping and organized criminal activity. The court-
upheld requirements that the licensee not have been convicted of prostitution and sex-
I related offenses. Id. at 1074. If a community seeks to require that persons with a
history of other crimes be denied licenses, clear findings must first be made which
I justify denial of licenses on that basis.
. The Dumas court also invalidated portions of the licensing ordinance permitting the
police chief to deny a license if he finds that the applicant "is unable to operate or
I manage a sexually oriented business premises in a 'peaceful and law-abiding manner"
or is not "presently fit to operate a sexually oriented business." Neither provision
satisfied the constitutional requirement that "any license requirement for an activity
I related to expression must contain narrow, objective, and definite standards to guide
the licensing authority.. ld. at 1072. See also Alexander II, supra, slip op. at 16
. (unconstitutionally vague to define regulated bookstores as those selling "substantial or
significant portion" of certain publications); 11126 Baltimore Boulevard, supra, 684
.e F. Supp. at 898-99 (striking ordinance allowing zoning officials to deny permit if adult
entertainment establishment is not llin harmony" with zoning plan, does not
"substantially impair" master plan, does not "adversely affect" health, safety and
I welfare and is not "detrimental" to neighborhood because such standards are "subject
to possible manipulation and arbitrary application").
. A number of courts have upheld ordinances requiring that viewing booths in adult
I theaters be open to discourage illegal and unsanitary sexual activity. See,~, Doe v.
City of Minneapolis, 693 F. Supp. 774 (D. Minn. 1988).
I Licensing provisions and ordinances forbidding massage parlors employees from
administering massages to persons of the opposite sex have withstood equal
. protection and privacy and associational right challenges. See Clampitt v. City of Ft.
Wayne, 682 F. Supp. 401,407-408 (N.D. Ind. 1988) (equal protection); Wiqqiness, Inc.
I v. Fruchtman, 482 F. Supp. 681, 689.90 (S.D. N.Y. 1979), aff'd, 628 F.2d 1346 (2d Cir.
1980), cert. denied, 449 U.S. 842, 101 S.Ct. 122. However, some courts have found
I same-sex massage regulations to be in violation of Title VII of the Civil Rights Act of
.- -43-
I
yo/~ I
.-
1964. See Stratton v. Drumm, 445 F. Supp. 1305, 1310-11 (D. Conn. 1978); Cianciolo
v. Members of City Council, 376 F. Supp. 719, 722-24 (E.D. Tenn. 1974); Joseph v. I
House, 353 F. Supp. 367, 374-75 (E.D. Va.), aff'd sub nom. Joseph v. Blair, 482 D.2cf
575 (4th Cir.), cert. denied, 416 U.S. 955, 94 S. Ct. 1968 (1974). Contra, Aldred v. I
Dulinq, 538 F.2d 637 (4th Cir. 1976).
Although the Working Group expressed strong conCern about the operation of I
prostitution under the guise of massage parlors, this type of regulation is not advisable
because legitimate therapeutic massage establishments could find their operations .
curtailed. Prostitution may be better controlled through prosecution and use of post-
conviction actions such as forfeiture or enjoining a public nuisance. I
In 1985, a court upheld an ordinance making it unlawful to display for commercial I
purposes material "harmfulto minors" unless the material is in a sealed wrapper and, if
the cover is harmful to minors, has an opaque cover. Upper Midwest Booksellers
Ass'n v. City of Minneapolis, 780 F.2d 1389 (8th Cir. 1985). Last year, the legislature I
enacted a state law similarly prohibiting display of sexually explicit material which is -.
harmful to minors unless items arB kept in sealed wrappers and, where the cover itself
would be harmful to minors, within opaque covers. Minn. Stat. S 617.293 (1988). This'
law has the potential to protect minors from exposure to sexually oriented materials. I
Communities also have considerable discretion to regulate signage so that the exterior
of sexually oriented businesses does not expose unwitting observers to sexually explicit I
messages.
RECOMMENDATIONS I
1. Prior to enacting licensing regulations, communities should I
document findings ot adverse secondary effects of sexually oriented I
businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld If challenged In
court. I
.
-44- -.
I I
I 11/~
I .
I. 0
2. Communities should adopt regulations which reduce the
II likelihood of criminal activity related to sexually oriented businesses,
-
including but not limited to open booth ordinances and ordinances
II which authorize denial or revocation of licenses when the licensee has
committed offenses relevant to the operation of the business.
If 3. Communities should adopt regulations which reduce
exposure ot the community and minors to the blighting appearance of
If sexually oriented businesses including but not limited to regulations of
slgnage and exterior design of such businesses and should enforce
II state law requiring sealed wrappers and opaque covers on sexually
oriented material.
II
II CONCLUSION
There are many actions which communities may take within the law to protect
II- themselves from the adverse secondary effects of sexually oriented businesses.
. Prosecution of obscenity crimes can play a vital role In decreasing the profrtability of
II sexually oriented businesses and removing materials which violate community
standards from local outlets. Forfeiture and injunction to prevent public nuisance
~ should be available where sexually oriented businesses are the site of sex-related
crimes and violations of laws pertaining to gambling, liquor or controlled substances.
- These actions will remove the most egregious establishments from communities.
Zoning can reduce the likelihood that sexually oriented businesses will lead to
It neighborhood blight. Licensing can sever the link between at least some crime figures
and sexually oriented businesses. Regulation and enforcement can protect minors
- from exposure to sexually explicit materials.
The Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses believes that prosecution, seizure of profits, zoning and regulation of
sexually oriented businesses should only be done in keeping with the constitutional
-
-45-
I
--
5~/5?J I
, .-
requirements of the First Amendment. Rational regulation can be fashioned to protect
both our communities and our constitutional rights. -
-
-
.
I
I
I
,
.
-.
I
I
.
I
.
I
-
I -46- -I
I I
~-
1\ \ j<19 S U?6o-k ~C"\ c;+-o- A ftorne.~ So
I . f~'~1T
I' , t; lira
. MUNICIPAL REGULATION OF ADULT ENTERTAINMENT BUSINESSES
I,
-
or
1- WBATCHA GONNA DO 'BOUT DEM DIRTY BOOKSTORES!
1 . .-.
'.-
I
, .
I .., "..;
- " "
. ~ ':-, t..:. _. ;. " :" ,. . '," .:.:'> :,;,-';I...J
.....-..... ,"-'
I .. .~ ,~ ~: ..... :'.,~',n 1 '-.~ -'- ,. :.i::: ~ ,t
, ~'1 :~:.:. ::'L '; , "-~.:..: , .." . -"0 . .,".'. , ...- . :.~ L .~) :~~.' ~.~.
I . " " ". ',J .:,:..:~ ~y".
" " ." ~ " :,';.:,,(
I. .:' ~ ~. .<. > .;.,....: m. . "
...~~ ..~ ..-.-.
"
.-, '-.;;.'
! -.- ,
"" ,....
1 -- ; ;;"-( ....:
I
I - - - ;,:,' ':'. .~-. I~' '. -- ,
...'; , ,
.~::,i ~. .;~_ . :
- ,--- . - ~. . . .~..
1 Terry L. Adkins
. city Attorney
Rochester, Minnesota
(507) 285-8066
I ,_....
.".,',
, -
I
.-
I
2/(p ..', I
. '.
.
I. Four generally-accepted principles of law _ (I
A. Activities occurring in an adult entertainment business I
are protected by the First Amendment and its provision
for freedom of speech.
B. A city must allow some reasonable opportunity for adult
businesses to operate. I
C. Adverse impacts (known in the trade as "adverse secondary
effects") resulting from the adult business provide a
basis for zoning regulations. The most common adverse I
secondary effects are increases in criminal activity and
decreases in property values.
D. A city can restrict the location of adult entertainment
businesses if the city's purpose is to minimize those I
adverse secondary effects. Those restrictions can
address the location of adult entertainment businesses
with respect to other adult entertainment uses and I
special uses (such as churches, schools, and libraries).
II. Two Really Important U.S. Supreme Court Cases I
A. Youna v. American Mini Theatres. Inc., 427 U.S. 50 .
(1976). (I
1. Detroi t enacted an "anti-skid row" ordinance ':
designed to prevent the concentration of adult I
entertainment businesses in any area of the city.
Detroit relied upon a study which found that the
concentration of these businesses "tends to attract
an undesirable guantity and quality of transients, I
adversely affects property values, causes an
increase in crime, especially prostitution, and
encourage residents and businesses to move else- .
where." The ordinance required a 1,000 foot
separation between adult entertainment businesses
and a 500 foot separation between those businesses
and residential areas. .
2., The Court, i!l a, plurality de<::ision, upheld the
ordinance's constitutionality on the basis that
it's purpose was the avoidance of "adverse I
secondary effects" rather than the suppression of
offensive speech.
3. The plurality decision noted that the ordinance was I
viewpoint neutral and addressed speech which was
"on the border line between pornography and
artistic expression" and thus entitled to less
protection than political speech. It
2 ~I
I
1\ 3/ro
\
I. .
.
B. city of Renton v. Playtime Theatres. Inc., 475 U.S. 41
I, (1986) .
-
L Renton, Washington enacted an ordinance prohibiting
.. adult motion picture theaters from locating within
1,000 feet of any residential area, church, park,
or school.
. 2. The Court upheld the constitutionality of the
ordinance on the basis of a content-neutral time,
place, and manner regulation for two reasons.
First, the ordinance's purpose was unrelated to the
. suppression of speech. Second, the ordinance's
purpose was to preserve the quality of life (Le,
it addressed adverse secondary effects).
I 3. The standard of constftutional review for content-
neutral time, place, and manner regulations is
whether it serves a substantial governmental
interest and allows for reasonable alternative
I ,. ~ " .- avenues of communication.
. ..'." The ordinance served substantial
4. Renton a
governmental interest because the city relied upon
I .i. other cities' studies showing adverse secondary
..' effects resulting from the location of adult
.. entertainment businesses. Renton was not required
1/. to produce its own study involving the adult
....-...... businesses located within its boundaries. Renton's
,.
( . _ ". r.s..: reliance upon other cities' studies was reasonable
....- .-~ .... and gave it a basis to enact the zoning regulation.
"."--'::';;1-'.-
I -:::.'- 5. The Renton ordinance allowed for reasonable
alternative avenues of communication. The effect
of the ordinance 'was to limit adult theaters to
I about five percent of the city's total land area.
The city provided the adult businesses a reasonable
opportunity to open and operate an adult theater in
1 the city.
III. Three Really Important Eighth circuit Decisions Decided In
- 1994.
I A. Ambassador Books and Video v. Little Rock, Ark., 20 F.3d
858 (8th Cir.) cert. denied. 115 S.ct. 186 (1994) .
L Little Rock reviewed studies from other cities all
I of which showed an increase in crime and a decrease
in property values in areas where adult businesses
operated.
I 2. Little Rock adopted a distance ordinance requiring
750 feet separation from adult uses and other adult
.- uses, religious facilities, schools, and
residential areas.
3
I
" I
4/fp I
I
.
. .
3. Court held that the ordinance served a sufficient ~I
governmental interest by its reliance on other
cities' studies showing that sexually oriented I
businesses have an adverse impact on surrounding
neighborhoods and by making available alternative
sites.
4. Court found no problem with the absence of any I
explicit evidence of actual secondary effects
resulting from these particular businesses. "This .
court has rejected the argument that adult business
ordinances must be founded upon local experience."
5. Court held that 97 av.ailable relocation sites
provides reasonable alternative avenues of I
communication.
B. Holmberq v. citv of Ramsey, 12 F.3d 140 (8th Cir. 1993) , .
. ,
., .,;", cert. denied. 115 S.ct. 59 (1994) .
'", .- I
1- Ramsey, Minnesota hired a planner to gather and
"'. - analyze relevant neighborhood impact studies and to
prepare a report. -.
2. Based upon the planner'S report, recommendations by
, the planning commission, and local public hearings,
-,
city council concluded that adult entertainment C
businesses would produce negative secondary effects
including increased crime, diminished property I
values, and general neighborhood blight.
3. Ramsey adopted a distance ordinance similar to
Little Rock's ordinance, but with a 1,000 foot I
distance_
4. Court held ordinance was constitutional although
Ramsey CQuld not show this adult business produced .
specific adverse secondary effects. The law
permits Ramsey to rely upon those studies which it
believes are relevant.
5. Potential relocation sites in accessible I
commercially zoned areas provide alternative
avenues of communication.
C. ILO Investments v. City of Rochester, 25 F.3d 1413 (8th .
Cir.) cert. denied. U.S. (1994) .
- -
1- Rochester, Minnesota reviewed other cities' studies I
and adopted typical distance ordinance in 1988 (750
feet separation) . The ordinance defined "adult
bookstore" as one in which a substantial or I
significant portion of its inventory was devoted to
adult material. tt.
4
.
I, S(G
I "
. 2. In 1992, a bookstore (with an inventory of 60%
I. general bookstore reading material and 40% adult
, material) opened up within 750 feet of the public
library. Bookstore claimed it was not an "adult
I' bookstore" as a substantial or significant portion
of its inventory was not devoted to adult material.
3. Bookstore challenges ordinance's constitutionality
1 arguing city cannot rely upon studies of bookstores
which do not have a mixed inventory (adult
bookstores with non-adult material as well as adult
material) nor on-site consumption (i.e., peep
I shows). Eighth circuit says "(tJhat is simply not
the law." Rochester need not show that this
bookstore "will likely have the exact same adverse
I effects on its surroundings as the adult businesses
stUdied by Indianapolis, St. Paul, and Phoenix."
4. Eighth circuit found no vagueness or overbreadth
problems with "substantial or significant"
I .,. .,. language.
~.;--:
1 Iv -.' ,RUJDblings wi thin The Ranks i Lower Federal Courts Are Uneasy
.:. ..,With Commercial Viability of Alternative sites.
./.... . ''-X. city of Renton requires zoning ordinance to allow for
~ . "reasonable alternative channels of communication."
1 L Renton's ordinance left 520 acres (5% of city's
land area) open to adult theaters. Land consisted
of significant accessibility to travel, but some
I parcels were occupied, none of the undeveloped land
was for sale, and the land was not "commercially
viable" for adult theaters.
2. Supreme Court said adult theaters "must fend for
I themselves in the real estate market, on an equal
'" ... footing with other prospective purchasers and
lessees." city not required "to obtain sites at
I bargain prices."
3. Thus, city did not effectively preclude adult
businesses from operating.
lB. Woodall v. Citvof El Paso, 959 F.2d 1305 (5th Cir. 1992)
amendinq 950 F.2d 255.
1 1. El Paso's ordinance made available only 78 sites on
slightly less than one percent of city's total
land.
I 2. Fifth Circuit held that jury instruction concerning
alternative sites, which was based upon Renton, was
in error. Instruction should have included
. statement that "land with physical characteristics
I 5
1
rp/b ,~, I I
. . I
that render it unavailable for any kind of -(..
developme~t, or legal characteri~tics that 7xclud~
adult bus1nesses, may not be cons1dered 'ava1Iable'
for constitutional purposes under Renton."
C. Grand Brittain. Inc. v. city of Amarillo, 27 F.3d 1068 .
(5th Cir. 1994).
1. Amarillo made 63 locations available for adult I
businesses. Ninety percent were undeveloped and
without infrastructure and utilities. No more than .
five had existing structures and only two had
available buildings. Most had electricity
available, many had gas available, some required
water and sewer, ten had undesirable topographical I
problems, and one had no access.
2. Yet, the Fifth Circuit found that the city
furnished adequate alternatives.
3 . "Whether a particular business can succeed on such. I
sites is not the question and it could not be."
4. "In short, Citv of Renton and Woodall ensure that
.,' adult businesses have access to a commercial real .
estate market, but do not guarantee that a specific
adult business can obtain existing commercial sites
at low 70st and with 'market' access to assure its .~.
prosper1 ty . " t..-
D. Topanqa Press, Inc. v. Citv of Los Anqeles, 989 F.2d 1524 I
(9th Cir. 1993).
1. Rejected Woodall's distinction between economic 1
unsuitability and physical/legal unsuitability.
Instead, court said property is NOT potentially
available when it is unr~asonable to believe that .
it would ever become available to any cO!lllllercial
enterprise.
2. How do you determine whether property would ever
become available to any commercial enterprise? I
First, consider if it is "reasonably accessible" to
the general public. Second, check for "a proper
infra-structure" of sidewalks, roads, and lighting. I
Third, determine whether these are reasonable sites'
for ~ commercial enterprise (forget existing
warehouses, swamps, and sewage treatment plants).
E. The "alternative avenues of communication" portion of .
Renton appears to be traveling a bumpy road. Look for
adul t entertainment interests to spend more time .
litigating the commercial viability of a city's claimed
alternative sites. ~
offi::elbcxbtr.cQ.
6 . 1
1
~ -
. ~. (:'. ~ f}fUcL~Y-jl,,--L~' ~25'P
0 I ~ ~(-UL......~
' .-(j)M~ -.
I ' VL~ SS /lJJ IJ- ;N"I ()
, ,
.e
.
I Municipal Regulation of
'Ad uIt Entertainment' Businesses
I by Curtis A. Witynski
Assistant Legal Counsel
I The League staff regularly been expressly withdrawn by see, of the barroom variety performed
receives inquires from local officials 66.051(3), Stats.' as entertainment is a form of ex-
I seeking information on ways munic- Section 66.051 (3) provides that pression entitled to protection under
ipalities can legally regulate "adult municipalities may not adopt or- the first amendment', this does not
entertainment businesses.'~ The term dinances that prohibit conduct mean that municipalities are power-
"adult entertainment business" which is the same as or similar to less to regulate nude dancing in
I typically refers to bookstores, theat- conduct prohibited by the state ob- bars,
ers, bars and other establishments scenity law, The state obscenity law The V.S. Supreme Court has held
where activities such as the sale of defines the terms "obscene mateti- on several occasions that state and
I. sexually explicit books, magazines al" and "obscene performance" local governments may prohibit
and videos or the viewing of sexual- and prohibits various acts relating nude dancing in establishments
Iy explicit films or live perform- to any obscene material or obscene licensed to sell alcohol beverages
ances take place. performance. Sec. 944.21. The state under the broad regulatory powers
I This Comment discusses six tech- obscenity law was recently held to bestowed upon the states by the
niques municipalities may use to be constitutional by the Seventh twenty-first amendment to the V.S.
regulate adult entertainment busi- Circuit V.S. Coun of Appeals.' Constitution,' The Supreme Court
nesses. These techniques are as A county, unlike a municipality, has consistently concluded that the
I follows: is authorized to adopt obscenity or- powers to regulate the sale of alco-
(l) prohibiting nude dancing in dinances. Sec. 59.07(64m). hol beverages, conferred upon the
bars; With this limitation On municipal Continued on next page
(2) regulating the location of such authority in mind, let's now turn to
. businesses through zoning; a discussion of six specific ways
(3) licensing adult entertainment that municipalities may regulate
businesses; adult entertainment businesses. J See Schad .... Borough of MI. Ephraim, 42S
I (4) restricting their hours of 1. Prohibiting Nude Dancing in U,S, 61. 101 5.Ct, 1176 (1981), where th,
operation; Bars - The first regulatory option u.s. Supreme Court held that a municipal
(5) adopting health regulations to be discussed, adopting or- zoning ordinance which prohibited all live
'applicable to such businesses; and dinances prohibiting nude dancing entertainmenl. including nude dancing, was
I (6) using the nuisance abatement in bars, is one which a number of unconstitutionally overbroad. Most recently
Wisconsin municipalities have used the Seventh Circuit U.S. Court of Appellls .
procedures in ch. 823, Stats., to held that an Indiana public indecency sta-
close adult entertainment businesses to regulate adult entertainment. tute, which on its face provided for a total
constituting a nuisance. While the COUrts have consisten,tly ban on nudity in public places; was uncon-
I held that non-obscene nude dancing stitulionaJ as applied to prohibit nonobscene
Obscenil)' nude dancing of the barroom variety. The
As a preliminary matter, before coun noted. however, that the state could
rely on the twenty-first amendment to ban
1 discussing the above regulatory op- , Section 66,05 I (J) was created by 1987 Wis- nude dancing: in bars, Miller Y. Civil CifY of
tions, it should be noted that consin Act 416, errective June Ii, 1988, See SOUlh Bend. 904 F.2d 108] (7th Cir. ]990).
municipalities in this State have no Powers of M/lnicipalilies 1822. which was . See California l'. LaRue, 409 U.S, 109
. authority to regulate obscenity. published in the November 1988 issue of Ihe (1972): Nell' }'ork Sfote LiqrlOr AwhorifY Y.
Municipal authority 10 adopt and MuniciplIllly_ Bellanca, 45~ U.S. 7]4 (]981)~ CilY oj New.
I enforce obscenity ordinances has : Kucharek l'. Hanaway, 902 F.Zd Si3 (Jth port, Ken/llcky v_ Iacobucci, Pel' curium, 479
Cir. 1990). U.S. 92 (1986).
I 432 !he Municipalil}' December 1990
---
--
-z/~ I
"', . I
States by the twenty-first amend- dary effects on the surrounding
ment. outweigh any first amend- community. .
ment inrerest in nude dancing.' The Renton co un held that
Wisconsin municipalities are ex. Notice to municipalities may rely upon the ex- I
pressly authorized by sec, 125.10(1) Attorneys perience of other cities in conclu.d-
to prescribe additional regulations ing that adult entertainment
for the sale of alcohol beverages Th businesses have negative "secondary
1 which are not in conflict with ch. effects." In other words, a munici- I
125. Pursuant to this authority, pality. before enacting an adult en-
I therefore, municipalities probably tenainment zoning ordinance, need
may adopt ordinances prohibiting not conduct new studies or produce I
nude dancing in establishments evidence independent of that ai-
r licensed to sell alcohol beverages.' ready generated by other cities, "so
However. municipalities that long as whatever evidence the city
adopt ordinances banning nude relies upon is reasonably believed to I
dancing in bars should make it clear be relevant to the problem that the
in their ordinances that they are city addresses. ".
proceeding under sec. 125.10(1) to In addition, an adult entertain- I
regulate the circuIt15tances under ment zoning ordinance must, in
which alcohol beverages are sold order to pass constitutional muster,
and are not attempting to regulate leave open adequate alternative
obscenity. avenues of communication. In other I
2. Regulating the Location of words, municipalities must refrain
Adult Entertainment Businesses - from adopting zoning ordinances
A second way municipalities may that in effect deny persons a
regulate adult entertainment busi- reasonable opportuniry to open and I
nesses is to restrict the location of operate adult entertainment busi-
such businesses through zoning or- nesses within the community.1O
dinances which disperse them 3. Licensing Adult Entertainment.
throughout the community or con- Businesses - A third technique I
centrate them in a panicular area. feet of any residential zone, single- municipalities may use to regulate
There are two landmark U,S. adult entertainment businesses is to
Supreme Court cases upholding the or multiple-family dwelling, church, require that such businesses obtain
I constitutionality of zoning resuic- park or school." The ordinance in operating licenses, The courts have I
tions on the location of adult .enter- effect restricted the location of held that municipalities may adopt
tainment businesses. adult theaters to a 520 acre area wi- ordinances which require adult en-
In the Young decision (1976)', the thin the city, tertainment businesses to obtain 1
Supreme Court upheld the constitu- The Young and Renton decisions operating licenses as long as the
tionality of the city of Detroit's established several constitutional licensing requirements are narrowly
, guidelines which municipalities must
I zoning ordinance which prohibited tailored to further a substantial
locating an adult theater within ' follow when adopting adult enter- governmental interest unrdated to I
I 1,000 feet of any two other "regu- tainment zoning restrictions. the suppression of protected expres-
lated uses' (e.g" adult bookstores, To begin with, the purpose of the sion.11
hotels, motels, cabarets featuring zoning ordinance must be to control Cominued on next page I
nude dancers, bars) or within 500 the Hsecondary effectsll of adult en~
feet of any residential zone, tertainment businesses rather than
Most recently, in the City of Ren- to suppress sexually explicit expres-
ton case (1986)' the court upheld a sian. H5econdary effects" usually . Ciry of Remon, supra. 475 U.S. at 1].52. I
municipal zoning ordinance which associated with adult entenainment I. For more information on adult entenain.
prohibited the location of adult mo- businesses include urban blight, mem zoning regulations see P. Rohan. Zon-
tion picture lheaters "within 1,000 neighborhood deterioration, in- ing and Land Use Controls. s~. 1l.01, et
seq, (1990),
creased crime, lowering of adjacent " See Genusa v. Ciry of Peoria, 619 F.ld I
J Id. property values, loss of retail estab- 1203 (7th Cir. 1980); Suburban Video, Inc.
. See Lic~nsing and R~gulatian 1362, which lishments and similar problems. " City oj Delajitld, 694 F.Supp. 585 (E,D,
was published in the October 1987 issue of Prior to adopting an adult enter- Wis. 1988). where rhe District Court upheld
lhe MunicipalilY. tainmem zoning ordinance a the constitutionality of (he City or I
1 Young v. American ....{ini Theatres, Inc.. municipal governing body must en- DelaJield's adult en(ert::!.inmenl licensing or-
dinance bec::!.use it constituted a narrowly
427 U.S, 50 [l976), gage in legislative fact-finding which tailored means of furthering the city's sub. .
. City of Renron Y. Playtime Theatus. Inc.. establishes that adult emerrainmem st:Jnl!al inlerest in sanitation and prolecting 1
475 U.S, 41 (1986), business'es have undesirable secon- ag~in.sl the spread of .-\105.
the Municipality December 199Q 433
I
-
I - ~r
',--. ..
lie ;ci,~,~L~i.~en~~m~~~:~~ru~"" ill C~:::'~J1t
at on January I, 1991, must, starting January 1, 1991 pro- 4
Ortant aspects of the com- vide their prospective employ s from page 33
I mercial ver license program im- with a history of their empl ment A municipality may subject adult
plemented y 1989 Wisconsin Act as a commercial motor ve Ie oper- entertainment businesses to a licens-
105 take ef t. ator. Sec. 343.245(20(c). ing requirement only when the
In addition administrative rules In addition, strict aleo licensing ordinance provides nar.
I necessary to a inister and enforce age restrictions on com row, objective and definite stan-
the commercial river license pro- tor vehicle operators t dards to guide the licensing
gram which have een promulgated January 1, 1991. authority."
by the Department f Transporta- Beginning On that ate, commer- I G C' p'" h
1 . (DOT) . d k ' 1 h' I (' I d n enusa v. ilY of eana ,t e
lion are anti ate to ta e cIa motor ve IC e era tors mc u - S h C' . U S C f A
ff . . . event !rcUll .. Ourt 0 p_
e ect January 1, ] 99 mg drIvers of fire ucks) m I h Id' I'd ,..
. ,- - pea 5 e mva 1 a prOYlSIOn In
As of January 1,]9 ,employers possessIOn of ale 01 whIle on duty,. p "I' . d' h' h
. ]. , . . eon a 5 lcensmg or manee W Ie
I of commefCIa motor ve c1e on duty wlthm hours of consUffi- 'd d h d I . .
d ' 'I d' .... . al h' ed provl e t at an aut entertam-
rIvers, me u mg mUmCl lUes, mg co 01 or avmg any measur b' I' b '
. . .. . -. , mem USlness lcense ma not e 15-
will face new responslbJ!1l1 . These aleohol conc trallon above zero ,';; d I"f hY Ii
'b']" . I db' d' 1 d d . f. Sue to an app leant I t e app cant
responsl titles me u e: must e 1m elate y or ere out 0 ; U' h' f d
. , ., ., ,. .... IS a person w 0 IS not 0 goo
I (1) Before hmng a new emp ye service fa 4 hours and Issued a C1. -, al h d '.
. . '. ..> ,.~::- mor c aracter an reputauon m
to dnve commercJal motor vehl tallon of 10. Sec. 346,63(7).:. .':: th "h' h h h
. - ..;::-:" e communlty In W - Ie e or s e
employers must obtam the perso Furt, as of January I, 1991".' 'd"
employment history. No employer any p on convicted of driving a.-.c. reSl os.
I may hire as a commercial motor ve- COm rcia! motor vehicle while ,<c: The Genusa court held that the
hicle driver an applicant who re- a g a blood alcohol concentra,:. provision standing alone, without
fuses to provide the required of .04 or more will be disqua1i:' any standards, gave city authorities
'1. information. Sec. 343.245(3)9a), from driving commercial motor' an overbroad discretion to impose a
StalS. ehl es for one year. Sec. '...' prior restraint on protected speech.
(2) No employer may, as of Jan 346. 3), .... . .
ary I, 1991, knowingly allow an Fin, in light of the new In a?d1l1?n, an ~dult entertat~-
I employe to operate a commercia responS! 'lities employers of com- ment ltcensmg ordman~;e mu.st, m
motor vehicle when the employ mercial tor vehicle operators face order tlo P~,s ~OnSlltU~lon:>J ms~e~:
A. Has had his or her co beginning nuary I, ! 991, munici- uo~, pace lmlts on t e lime WIt m
ciaI driver license suspended palities migH want to consider par- Wh~h th~ d~clSlOnn:~ker must grant
1 va ked by any state; ticipating in T's employer or eny t e Icense.
. B. Is subject to a 24- notification pro am. Sec. 343.245 In City of Dallas", the U.S.
.of-service order in any st (3m). For a fee e layers wUl be .... Supreme Court held that the city's
I . C. Is disq~alified fr able to register lhe ame of an 'em:. a?ult entertainment lice~sing or-
'mg a commercial vehlc ploye wnh the Depa enc. DOT.. dmance was unconslltullonal be-
343.245(3)(b).) wiU then notify the e layer', :" cause it did not provide an effective
(3) No employer m . employ per. whenever a conviction suspen- limitation on the time within which
I sons ~ commercial mor vehicle sicn, revocation, cancell on. dis- the licensor's decision must be
drivers who are ad ted to the use qualification or out-of-se ce order Continued on next page
01 intoxicating liq r or controlled is recorded on the driving cord 01
substances, Empl . ers will have a the employe.
I right to make th determination. For more information on OT's 'l,See Emfic World News of Appleton Y.'
Sec. 346.64. employer notification progra con- Cay oj Apple/on. 482 F,Supp 1210 (E.D.
. . . . ., WIS. 1980), where the: Court held that an Ap-
. Dnve:s of c mercIal motOr ve- tact Ms. Jenmfer Llddlcoat at 608) pIcton ordinance, under which the common
I hIdes WIll, of ourse, also face new 267-9558. council denied an adult bookstore owner's
responsibiIiti beginning January 1, For a more detailed discussio of applic~ti~n for lic~ns(:s to opcr~l(: 12 ad~lt
1991. the commercial driver license pr film-VIewing mactllnes, and Whl:h c?ntam(:d
h ' . no standards whatsoever governmg lSsuance
As. of t date, drIvers of Com- gram see the ~egal Comment In e of licenses was unconStiCulional because it
I merclal v des mus[ inform their April 1990 issu~ of the ~funjdpal aCI(:d as a:prior r(:straint on !h~ owner's ex.
employe and che DOT of any 1y. Also. techmcal questions regar ercise of hiS lim amendment nghts.
state m iog violations and any ing the licensing program may be 11619 f.2d 1:203.
. licens uspensions. revocations or directed to: Atty. Joseph yraassen, " FWIPBS, Inc. v. City 01 DaJ!os._
I canc ations, See, 343.245(2). Also, Office of General Counsel. DOT, u,s, _.1105.0,596 (1990),
persons seeking employment as (608) 266.8810, . "!d.
I 434 'he Municip3li'y December 1990
~
- 1/~ I
'.
, .
I made. Although the Dallas or- nesses is [0 restrict their hours of dinances Iypically include th~ f~l- I
dinance provided that the chief of operation. lowing requircmcn[S: (I) individual.
I police must approve the issuance of Although I could not locate any motion picture viewing booths must
i the license within 30 days after Wisconsin cases or 7th Circuit deci- .be without doors and the occupant I
I receipt of the application, the sians On this regulatory option, visible, (2) only one person at a-
I license would not be issued if the other authorities suggest that time may occupy a viewing booth,
I premises were not inspected by the municipalities may adopt ordinances (3) walls separaling booths must be I
I health department, fire depanment regulating the hours of operation of free of holes, cracks or other open-
and the building inspector. adult entertainment businesses when ings through which persons in ad.
( Since the ordinance did not set a adequate justification for such time joining booths could engage in
time limit within which the inspec- restrictions exist (Le., when such sexual activity, (4) each booth must I
tions must occur, the Coun found restrictions advance substantial be kept clean and sanitary, and (5)
that the Dallas scheme did not pro. governmental interests nOl related minimum lighting requirements
vide for an effective limitation on to censorship)." must be maintained,
the time within which the licensor's In a fairly recent case the Fifth The couns have consistently up- I
decision must be made and there- Circuit U.S. Coun of Appeals up- held the constitutionality of such
fore allowed for indefinite post. held the constitutionality of. a City health Or "open booth" regula-
ponement of the issuance of the of Biloxi, Mississippi ordinance lions. Recently the 7th Circuit U.S. I
license. which restricted the hours of opera- Coun of Appeals upheld an or-
Finally, a municipal adult enter- tion of "regulated uses" (e.g. adult dinance designed to cunail anony-
tainment licensing scheme must also entertainment businesses) to the mous high-risk sexual activities and
provide the opportunity for prompt hours of 10 A.M. to 12 midnight, the spread of AIDS, by regulating I
judicial review in the event that the Mondays through Saturdays, and the design and structure of adult
license is erroneously denied. City required such regulated uses to re- enterrainment businesses.1O
of Dallas, supra. In City of Dallas, main closed on Sundays." The ordinance prohibited parti-
the Supreme Coun held Dallas' The court concluded that the or. tions with holes designed to en- I
licensing ordinance unconstitutional dinance's time of operation restric- courage sexual activity between
for the additional reason that it tions were not in violation of the persons on either side of the parti-
failed Hto provide an avenue for first or fourteenth amendments be- tion and required that booths used .
prompt judicial reyiew. It 16 cause they furthered a significant for the viewing of motion pictures I
In Wisconsin a stature exists community interest (I.e., the welfare have at least one side open to an
which provides applicants for of municipal neighborhoods) and adjacent public room so that the in-
municipal licenses with the opponu- did not constitute a broad ban on side of the booth remains visible to I
nity for prompt judicial review of a the availability of sexually explicit persons in the public area.
license denial. Chapter 68, Stats., speech throughout the community. A City of Delafield "open
the municipal administrative proce. Municipal officials should be booth" ordinance similar to the one
dure act, provides a procedure aware, however, that at least two upheld in Berg was recently found I
whereby any person having a sub- state supreme courts have reached constitutional by a federal district
stantial interest which is adversely the opposite conclusion and held court. H
affected by a municipal administra- that municipal restrictions on the Please turn to page 439 I
tive determination, induding the hours of operation of adult enter-
granting or deniai of a license, may tainment businesses were uncon-
obtain review of the determination. stitutional because the regulations It See Capirol ,Hovies Inc. v. City of Passaic,
Persons aggrieved by a municipal did not further a legitimale govern- 194 N.J. Super. 298, 476 A.2d 869 (App. I
I administrative determination may mental imerest. It Diy. !984) (ordinance limiting the showing
or"X-rated" mo....ies lO the hours of 7:00
initially have the decision reviewed 5. Health or HOpen Booth" P.:>'!. to midnight struck down as unconsdtu-
by the decision making officer. em- Regulations - An additional tional where there was no cvidenc-e that there
ploye or body. Sec. 68.08 thru method available to municipalities was any legitimate governmental interest I
68.10. Aggrieved persons may then for regulating adult entertainment which might be advanced by the restriction);
obtain judicial review of any final businesses is to adopt ordinances People v. Gla:.e. 27 Cal..3d 841. 614 P.2d
291 (J 980) (Los Angeles ordinance requiring
municipal administrative determina- which regula,e the physical layout closure of adult motion picture arcad~ be. I
tions. Sec. 68.13. of such establishments for health tween 2:00 A.M. and 9:00 A.M. struck down
4. Restricting the Hours of Oper- and sanitation purposes. as unconstitutional since the time restriction
alion of Adult Entertainment Busi- Such health and sanilation or- could noe be justified by go....ernment interest
nesses - Another way in pre\'enting masturbation or by the lirniled
number of polke availabk during that time.) I
municipalities might be able to " See P. Rohan. Zoning and Land Use Con. :1 Berg \'. Hf!airh ond Hospiral Corporotion
regulate adult emenainment busi- lrol, sec. 11.02(1) (199<l); :"'kQuillin, MUn. of ,\1arian COU11IY, Ind.. 865 F.ld 797 (7th
Corp.. sec. 14. I ::J3.15 (Jrd Ed.). Cir. 19891. .
" Slar Saul/iff!'. inc. I" City of Biloxi, 779 :' Suburban Fide-D, inc. \'. Ciry of D~/afi~id. I
t. Id.. al 606. F.ld 1074 (5th Cir. 1986). 69~ F.Supp 585 (E.D. \\'is, 198B).
the Municipalit). December 1990 435
I
~
I .' '" 5/S-
\
- - . I
-,
I <
An Legal In a recen[ case, Srale Y. Pan- judgment obtained under the Wis-
no.!: the Wisconsin coun of appeals ccosin nuisance: statutes did not vio-
I Comment upheld a one year closure judgment late the adult bookstore owner's
from page 435 under the Wisconsin nuisance sta- free speech rights under either the
rute against an adult bookstore Wisconsin Constirution (an. I,'" sec.
where unla,vful sexual activity was 3) or the federal Constitution,
I 6. Closure of Adult Enlertain- taking place on the premises. The The COUrt of appeals, relying an
menl Businesses Which Constitule case arose when several persons a U,S. Supreme Court decision up-
Nuisances - Finally, a sixth way in were arrested at a Kenosha County holding the closure of an adult
which Wisconsin municipalities may adult bookstore and eventually con- bookstore pursuant to a New York
II regulate adult entertainment busi- victed for fourth degree sexual as- nuisance statute similar to
nesses is to use the public nuisance sault and lewd and lascivious Wisconsin's", concluded that the
statute, ch. 823, to seek closure of conduct. free speech guarantees of the Wis-
adult emertainment businesses Within 60 days of the convictions consin and federal Constitutions
I where illegal se.,ua] activity takes the district attorney's office issued a lldo nOt extend to closure sanctions
place. summons and complaint alleging imposed against a bookstore on
Section 823,09 provides that any that the bookstore was a nuisance nuisance grounds. ,,~~
I person who maimains or uses a and requesting the court to' enjoin Condusion - The above discus-
building for "the purpose of lewd- its operation under secs. 823.09 and sion should make it clear that
ness, assignation or prostitution" is 823.10. The trial Court concluded although Wisconsin cities and vil-
guilty of a nuisance (emphasis ad- that fourth degree sexual assault lages are prohibited from regulating
I ded). If a nuisance as defined above and lewd and lascivious conduct obscenity, there are a number of
exists, the district attorney or any constituted offenses of "lewdness" other methods available to validly
citizen of the county may maintain within the meaning of the nuisance regulate adult entertainment busi-
an action in circuit court to abate statute and that the convictions for nesses.
I the nuisance. Sec. 823.10. this conduct were sufficient proo f For more more information on
Furthermore, the conviction of of a nuisance per se under sec. some of the regulatory options dis-
any person of the offense of lewd- 823.10. The court enjoined opera- cussed above see the League legal
I ness. assignation or prostitution tion of the bookstore for one year opinions cited in this Commenc.
committed in the building is consi- pursuant to sec. 823.13. The League has sample adult enter-
dered sufficient proo f of the exis- The proprietor of the bookstore tainment zoning, licensing and
tence of a nuisance in the building and the owners of the property Ilopen booth!> ordinances on file.
I in an action for abatement COffi4 upon which the store was located The League also has available upon
menced within 60 days after the appealed the judgment enjoining request sample ordinances prohibit-
conviction. Sec. 823.10. If the exis- operation of the bookstore for one ing nude dancing in bars,
tence of a nuisance is established in year. The Wisconsin court of ap- (Powers of Municipalities ~
I an action under sec. 823.09, or in a peals held that the one-year closure #837 and #838)
criminal proceeding, an order of
abatement closing the building for
I up to one year may be entered as a :l People e:r: reI. Arc-ora Y. Cloud Books.
part of the judgment in the case. n l.S1 Wis.2d 819. 447 N.W.2d 74 (Ct. App. In<" 478 U.S. 697 (1986).
Sec. 823.13. 1989). :. Panno. 447 N.W,2d at 79.
Ii
Ii Get Your BARK
~
I Genuine WASCO
& DRESSER Haulpak RIVER
I PARTS at... Culvert & Equipment Co.
I . [.AU CL.AU\E.. .. 71.$-C.$-$I$7 "'.AOISON. ......~2n~1$1 GREEk a...,. .._"'.~n.M7' loUI..WJ.UI(.t:[. .. ll..."-$.I.~O SUPI!:R1OR . 1'$-~n.22~:J
the Municjp:1Jir~' December 1990 439
I
-
I ~H1~ D 113
I N/H II '.
I
I ~/ L
~,,,: . ,'"" J- er
10...." S. ,
~t"..:..'~' _ ::.,"_ ,.::':~ "~:-:1>:~""-:' . ~""">:~ - ,:. ~I" ,
A ... ~. ", .pl ~ t-l"Y~""'Y
, "~r ( " l'filS ~618 '0'" l-
I Adult U,ses',Neither.Die> , -j. -.:Jo ~ ~19 J"-,,,tt
....J /" .9
.fl1
to_'.,. '-'''''~- ~u'_ "r -,. ,. _ ,
' '. '~-F'dA '. ' 0
I ;: '~_~r,)"~,:;r..:~~~way' ~ .), ,"'~ " \;
, . c.Ul -. , .- "-.,. .........
--"-- - " ~" ByJiin-Schwab
"
;
;"~',:':,~' "",-:,..'" r~ ~t ;j '.
~{;I- ..,~,.,.."'~ ~""
I . .~.::~:~~~ ~", .~.;J. ~1
- ~
,], 'j ~--_'t~;{;
~~,;;r "-~
j ~ .";..~.. -~) . .
"
I , I
~ ,
~
--...
.._~ :-,':..
.,' -'{o'er
~:-
.;.::=.....:-..
I
,
I A man with a fancy cat-the kind worthy of the most Korber's operacion. however, is comparatively modesr. In
precise actenrion co detail-flashes his membership card Scaren Island, New York. and Fore Lauderdale. Florida, car
I and enters an exclusLve car wash. Scamily clad young washes have featured topless artendants. A Jacksonville, Florida,
women armed with hoses and rowels take over as he gets our, car wash fearures nude attend.anrs. Angry residents succeeded in
and for 520 he watches as they polish and shine his Laus to dosing the Staten [sland facility CWo years ago, then focused their
?~rfec[ion. wrath on the advertising sign that it left behind. The ongoing
I [s chis service or encerrainmenr? In the case of Richard tension beC'Nem new manifestations of adult enterrainmenr and
Korber's Bikini Car Wash on Chicago's North Side, the cicy's neighbors who are less than amused indicates chat che regulation
revenue department deemed it entertainment. Almost as soon as of adult uses is an issue chac JUSt will noc go away,
I he opened the establishment last New Year's Day, he was Backlash In the Big Apple
informed chat he needed an amusement license if he wanted to
keep the establishment open with bikini-clad attendants. Ie was On September 17, the New York City planning commission is
not Korber's only clue that such a business might encounter scheduled [0 Vote on a proposeclnew ordinance for regulating
opposition. Lase November, he was shouted down by protesters adult wcs, Irs recommendation will chen go co the city council,
I wnen he tried to explain his new enterprise during J. community where substantial SUPPOtt makes it highly probabl~ thar some
meeting at the: Irving Park Lutheran Church. And in March, ordinance: will be approv~d soon, alchough the council may
.en he sought an emergency order w enjoin the cicy from make minor changes.
I' ncinuing to block his effom co open the new business, a The proposal is the end product of an initiative launched last
federal judge simply ordered the rwo parties to "resolve chis year by Mayor Rudolph Giuliani in n:sponse ro a public ..
business dispute" themselves before returning (Q court on April backlash Jgains[ the prollfera[ion of such businesses. not only in
I 5. EvenruJlly, however, Korber wa.s able ro open his faciliry. highly visible Times Square but ne:H residential areas of
7./3 I
,-<Ul.:r.:rl::;. CollJborJring wich che city pl.1Or1lng Jcpanmcnc. Huw mUl.:h ~pacr.: is t=nough co J.ccornmoJJ.n: ;JJuh bll.\lrl~~'-) .
GiuliJni issued a 65-page proposallasr September char without leuing them overrun [he communiry-or be percelve-u ...; I
recommended prohibiring sexually oriented businessl:S from as doing so~ Thac concern arises from J series of U.S. Supreme _
loc;uing within 500 feer of residences. schools. houses of Court cases char are worth reviewing briefly.
worship. or each ocher. Giuliani also proposed a mOr.lcorium, Ultimately, [he line: of rdevanc cases goes back ro Young v. I
which c:nds November 30, on the opening of any new adulc Am~rican A1ini Th~atr~J, Inc., 427 U.S. 50. 95 S.Cr. 2240
businesses while [he proposals were being considered. Ciry (t 976). The cicy of Detroit became concerned in the early .
council president Pen:r Vallone SOon produced a separate 1970s abour the rapid growth of aduh bookscores and theaters
proposal. and both met co work our a compromise chat has in depopubted and rioc#devastated are:as. From JUSt cwo such I
b~come the basis of discussion by the city's 36 communiry businesses in 1967. Detroit by 1972 counred 35 coptess bars, 25
boards throughout this year. adult the:m:rs, and 21 adult bookstores, many clustered on
Whae their recommendations have varied, they have leaned major thoroughfares. To cope with this influx, che ciry passed
heavily toward dghtening [he proposed resrricrions, in some an ordinance chat defined adult bookstore, adult theater and I
cases to 1.000 feet. The final proposal, however, stands by the minitheater, and Group wD" cabaret, added these co the list of
500-foot spacing. Marilyn Mammano, the ciry's director of regulated uses, and prohibited them from locating within 500
zoning and urban design, says this plan provides for 492 feet of residences. In addition, adult thearers could not locate
locnions citywide for adult businesses. She notes that tighrening wirhin 1,000 feet of any two other adulr establishments. Two I
the rules further might jeopardize the constitutionality of the adult [hearers challenged the ordinance and, in one case, the
proposed ordinance by making it roo difficult for adult uses to federal district COUrt struck down rhe spacing requiremenrs.
find suitable locations. The proposal also would limit thc size, Detroit responded by amending rhe ordinance co prohibit I
placement, and illumination of business signs on adult location within 500 fect of a residentially zoned area. In the
establishments and limit them to 10,000 square feet. It also other case, however, rhe Sixth Circuit Court of Appeals S"Cruck
would n:quire cxisting nonconforming businesses and signs to down the entire ordinance. .;~.
terminare wirhin ane year, wirh ccrrain excmptians and In a ,consolidar~d appeal, rhe U.S. Supreme Caurt held thar "~'... I
extenSLon procedures. Detroit s zanmg dld nac totally suppress the apporrumry for : ~
Interestingly, of the 177 existing adult businesses, 26 would free expression of the type found in adult theaters andt .It{
be permitted co continue in their prcscm locations, 17 of them therefore, the zoning was valid. Moreover, it sancdoned the ~~'
in Manhattan. Overall, abour 11 percent of rhe city's land area distinct dassifiotion af adulr rheaters wirhin rhe zaning l(, I
would be available for adulr uses, but the spacing requirements ordinance as a special eype of regulated land use. Decroit .~t-l.
would limit thac area in Manhattan to 3.9 percent, wirh higher succeeded because it convinced [he COUrt that the .._~f.:
percentages in the four ather baraughs. cancentmion af the regulated land uses pased a specific threar ,.. I
of deteriorarion ro surroundJng properti~. . ..~:..
Shifting Gears In Columbia In subsequent years, a plerhara af communities natianwide <
While New York City has debated its proposed new ordinance, sought to copy Detroit's ordinance, assuming ir was che magic
Columbia, Somh Carolina, has bom appealed the rejection of buIl~r that would derer the concenrration of adult uses while I
its ordinanc~ and a~op.red a new ?nc to rake it~ place. !hjs dual p~sing consti~urion~ m~ster. The Achil~es heel for man~ ,:"as a
stance has left the: CIty In a precanous legal posltlon as tt seeks to failure to conSider a stgmficant footnote 10 rhe Young decISIon:
respond co public concern about four adult businesses, two near
r~sidencial areas. Th~ sicuacion would be quite different if the ordin.nce had the I
A previous ordinance requiring LOOO-foot separation of ~ff~c( of suppr(:ssing, or great/,Y r~striccing acce:s to, Lawful
d 'Ii h h 1 speech. Her~, however, the Dlstrlct COUrt specdially found th:u
a u!t enrerpnses rom cure es, schoo s, parks, day care centers, ch d' d ~ ch . f" bI' b
. . . . e or Loances 0 not anect e operanon 0 !:Xlstlng esta IS _
a~d r~sldentlal netghbor~oods was overturned III scate court. me:nts, but only the: loarion of ne:w. ones. The:re: are: a myriad of I
Cl~~ulr Judge ~alter Br1S~o,,: ruled early !ast year chat the, locations in ch~ city of Detroit which must be oye:r 1,000 flXc
orClnance effectively prohibIted such bUSInesses from locatIng from e:xisting regula[~d e.Hablishmenrs. This burde:n on Firse
anywhere in the cicy. Two clubs-Chippendolls, which features Amendment rights is slight. (427 U.S. at 71, footnote 35)
nude dancing, and Chasers' Mags-N-Mixers--had been ordered I
ro close. The city had modded its ordinance on that of The upshot of the foomote was a strong hint that no specific
surrounding Richland Couney, but the counry has far more land spacing requirement would pass mustcr as such, bur mat the
available under such restrictions. The cicy is now appealing its teal issue was whether thc spacing requiremenr--or :lny ocher
caSe to (he South Carolina supreme COUrt. method of restricting thc location of adult uses-allowed I
In the meanrime, however, it had.an unenforceable adequate locational opportunities for adult uses so as not to
ordinance. 'Xfhile the cicy planning department recommended suppress protccced freo:: expression.
loosening the testrictions co 750 feet, rhe planning commission Over the next decade, many cities mat had adopted what:
last December w.enr furrherl recommendin? 500 fee~, slightly were, in effect, copycat ordin~nce.s e?count.ered constitutional I
more than one Clry block (450 feet). The Clty councd adopted difficulties in court, often seemg enrlr~ ordmances struck down.
the ordinance on January 18. Unlike in N~ York, however, the Often, the simple reason was chat their ordinances, unlike that .
planning departmenr will not reveal the number or location of in DetteLt, had lefr no adequate room-and in some cases no. ~~'. I
available sites this new rule creates, cicing the curreor lirigation. room at all-for adult uses to operate an)"'r'lhere within che . j;t..
. ....."J
jurisdictional limits. The issue finally came to a head once agam ....:
Location, Location in Ciry afR,",on v. Pbyrim< Th,arm, Inc., 475 U,S, 1132,106, .
.\fammano's concern about the constitutionality of the New S.Ct. 106 (1986). Reneon, a Seaule suburb, had st.ated-1cs ,..~~r I
Yark ardinanc" rdates to.. tricky issue af balance rhat has findings af porentia! blighr on rhe basis of a Searde study rha.r ..:.:~.
plagu,d many cammunltles across rhe counrry In recenr years: led to. sn ordInance substantially different from rhe one .dopred :;*;"
,;\
...,.. I
2 ,:r~.",~,
I 3/3
. .. ,
I in ~c:n(Qn. The R~ncon law tended co conccnrracc adulc although che dividing line chen: has noc always been so clear.
.:l.CilitiC:S by forcing chcm ro locate: at lease t ,000 feet from any The most es.sencial poine is chac a community must make
rc:sidc:ncial zone, family dwelling, church, park. or school. de:u char its motive: docs noc involve: any suppression of free
It' Two issues faced Remon: whcther iu: rc:liance on Seatde's speech and docs not ;lim co influence the content of any
findings was proper and whether its 'Zoning aHowed adequ:uc communication. Deuol! and Renton both succeeded in pare by
available [and for adult uses. The Supreme Coun sided with the documenting a harm to the communiry char was dirc:cdy
cicy on the first count, deeming its reliance on Seattle's study addr<ssed by the specifLc eypes of regulations adopted, The
I reasonable under the circumstances. Moreover, the Court ruled constitutional value of such a justification is JUSt as important in
that because Remon's otdinance left some 520 acres, or five percent coday's Qses as it was 10 Of 20 years ago. l.
of the ciry's land area, availabltfbr adult uses, it did noc have the Finally, dear and concise definitions ate at least as important I
I effect of suppt<ssing protected <xpr<ssion. Rejecting the logic of the in regulating adult uses as they are with any other rype of
appeals court that had overturned me ordinance, the COUrt found zoning. Definitions that can be too easily incerpreted co include
immaterial the fact that some of the 520 acres was 2..Iready occupied nude paintings in a legitimate art gallery, sexually explicit i
or too expensive, because "we have never suggested that me First language in books and movies with signifkant liteJ4.ry content .~.
I Amendmenr compels the government to ensure that adult theaters or social commentary. and other free. ranging "loose cannons"
a,ld other kinds of speech-related businesses, for that mauer, will will invariably face stiff legal challenges for good reason.
be able to obtain sites at bargain prices." In shorr, once a .community has decided to sta.y within the
I Spacing is noc, of course, me only way to achieve-Qr avoid- constitutiona,J boundaries in establishing its 'Zoning. .-
the effect of providing adequan: land where adult uses are draftsmanship is crucial to success in regulating adult uses.
allowed. Irs primary value in most cases is me dispersion of adult
uses, but some cities prefer to isolate such us.c:s in particular areas
I of rhe cicy. Madison, Wisconsin, recencly chose that alternadve permaiority
with a new ordinance mat simply allows any adult entenainmcnc
establishment to establish itself as a permitted use in me M 1 les Get Mixed ~
limited manufacturing district. Such establishments are defined port
I as "an adult book store or video store or an adult motion picture
cheater," and all terms :lIe defined fairly specifically. It should be . cwo governments in fast growing metropolit
noted, however, that courts have not been sympametic to conside requtring supermajoriry votes for changes
I . municipalicies <har offer industrial districts that pose serious zonmgo 'nances. One adopted its use by one VOt
access problems. In me pre-Renton case of BaJiardan~s v. City of rejected ili idea by me same narrow margin.
Galv"'on, 682 F.2d 1203, 1209 (5<h Cir. 1982), a federal Metra- e Counry. Florida. commissione
) appeals coun: struck down an ordinance where me district W2S Ie on April 4, 1995. The law
I "largely a patchwork of swamps. warehouses, and railroad tracks . call for a cwo-mird..s vore i d of asimple "".
_ . lack[ingJ access roads and retail establishments." majority to app ve zoning changes in their lstricts. To do
Even reasonably dear definitions will not avert all legal that, however, a missioner must prese "substantial
entanglements. Madison is in COUft with one C5t:1blishment that competent evidenc that the change w d place an
I maincains that it is not covered by the definition but refuses to "'unreasonable hurd .. on schools, ro . or parks in the "
divulge its sales or inventory figures. according to planner Brad district. The Jaw is d ned to make easier to block
Murphy. The issue is whether me store can document its claim construction in crowde cighborh cis,
that selling or renting adult videos is merely an accessory ~se In the following wee heate ebate arose in the local
I and not its primary business. media between me [aw's.sp sQr igud Oiaz de la Porrilla,
and groups that oppose it. su the Latin Builders
Basic Principles Association and me Builders ciarion of South Florida. The "
I The Fundamenta.llegal issues in regulating adult uses are not builders claim that the new I ffectivdy a moratorium on
nearly so difficult for most planners and zoning officials as me new construction, and they nrry au[ the potencial for abuse.
political ones---aealing with the community pressures to shut Oiaz de la Parrilla defe s the la by indicating thar its goal
down existing or block potencial sexually oriented businesses. is managed growth, not growth. also offered planning
I Community groups often demand more regulation than is likely department figures tha ow a 16-year pply (at current rates iF
to pass constitutional muster when the owners of such of purchase) of appto ,zoned, but as unbuilt housing i
businesses inevitably chaJlenge overly restrictive ordinances, units in Dade Coun . He defended his 0 motives by
>
Allowing adequate availablc land for such uses is just one issue. reviewing his recor uppomng numerous dopment projects ~
I but it happens to be one that still forces many communities [0 in the counry and s consistent support for r onsible, people-
defend themselves in COUrt. sensttive devdo ent. In an April 20 Miami 'aid article,
It is panicularly important to distinguish betwe:en patently Oiaz de la Po ' a wrote. "1 have worked diligen to reform i
I illegal sexual activities and rhose that fall under me protective:: the zoning pr ess so that parents. famtlies, stude: . workers. 'f
cover of free speech. For example, many communities allow and ordina reside:ms have: the same access and in f
massage parlors only as accessory functlons co othcr permitted decisions ~he powe:rful special interests." Despite
, uses, such as hotds, health clubs, and rhc like, in pan because of bdlefin e new law. Diaz de la Portilla reie:d to plao. ;-
,
I historical links between such activities and prostitution. ~ppos n by inrroducJng a.bill to define more clc.uly Q
More:over, massage is not free speech and cnjoys no protected unr on able burden. ';
expression, unlike films, books. and other media of expression n June 6. the Mereo-Dade commission reconsidered ~
that may cont.ain explicit sexual material. Furthermore, it is also at a highly charged meeting attended by many supporte ~.
I clear chat pornography or obscenity is not ptotccred speech, detractors of che concrove:rsial otdinance. Homeowners t d
3
I . .
I. ACTIVITY SUMMARY
I
I CITY: ARDEN HILLS
DATE: OCT. 6, 1995
I SUMMARY: Most rep.orted incident are down from the previous month. One exception is
criminal damage to property, specifically to motor vehicles, This was the only city in our contract
I group to show an increase. Cases related to these incidents are still under investigation.
I
I
I
.-
I
I
.
I
I
I
I
Ie -
I
---.-
---_.~
-< I'~~I i:-< ,I. en -<I-!. I" -< -I, I I I;;' -< 1 ''''I 1 ~ , I
O"no>-I_ loz()n~!Z~ 02:1>'- O~W~ilo~lcn Oz::plcn-rIM e=: ~
~~~~I~, ~ffi~~~I;jc ~I~~IF ~@i5~1~1~ ~~gl~~~ ~ ~
':'1<1011-0 m I~ ~i-nlr- m m!ll en in oil r-< "'1m 0 Q! L, i"l I
s:m:jl.."'d ZUl<<>lfL- ~ -1";-- :j:;::jl~~ f:zmOI-~ S IVl
'1) 0 0 ~ -< \!if'" '" ~ po '" 0 "' 01" ,'" ::! m , ~ ~
;v,c,z,z IrnlriCCr~ ~ ,z}> n"
I~i--i' Ii.... '"0 ~I""U""O :;;;J;I~n ~:s::: I I:'SI~ ~ i~ <
210 0 0 ~ ~ 01 ." (f) I I ....., > M
I~;~ ~ ~ --i --i i~ I ~ I ~ ~ 0, 10 g ~ I
~ -l m ~ zlz!e 0 10 ~ I....., I~ C'l-
(J) OIA j() it"" Z -... II.....
I ~ ::'f:iZ H i~ -< 110 i~ ~
, "'IZ ~ ,I) I Itz, ~ ~ I
, !'l ,I
I I I ::i ';$
I I ~ :>- I
7" .. ..... ....... ....1...;1< ! I 1 I 1</ -< ~I!OJ :t::
...... ~'.... ~ ,,. . "", . -4 <D " i"l
~ a.';" ......0......-" !00ll1..;.. IOJ~;;';;' 1'.)'0) I (,.)o.l.:..'!'...: c> ,0 -.>. ~ I~ I
I' ! I ~:>-
,> ;::
t"" Vl
< 1</1 <I...... 1/ ...... <18 11< 1< < -< ~ ::: 0<: '
..-....... w:l'V1:-....:::: ;:-: '.:' ~ CD ~
o ICO...... -0 co ~ N-N'~ 0 J'..) ~ 1::< .
I I () Ie::
, ~ 3
1 0 ~
/ 1<;< --" < i<< 1//< I '''''<> -"1--'1 ..... ........<< ~I ~ ~ 'i!l .
Ci ,. '" '" 0 '" IcJ <J .... ! '" "'''' ~""--" 1-'- 6 0 0 "" ;;
I I I I c:
I I :;J I
s .. ....../< ....< <<< 1< ..... i/I/ ....... ~ ~ ~.
Ii... 0 Ii: Ii .....1/< .... < g: 0;1(;, gl~./ I",I~ 0 i ~ ~ .
I 10 ~
l=:i ~
1 <<I Ii '- :::.
........ ......i )> 0 .-,
Ie 00';0' IS: a 0 ...... a a , ~ 0 a I-b 0 0 a 0, !~ 0 a a a Z I'::;; 3
...... Ii > ........ i ! Ii ~)> r;:
16000 1<'.'>00000 Aoo';"o~~,'" Hoo~o ICD ;:0 Vl .
Ii Ii> I I. I ;:: I \...I
160,00 ... 0 0 ~ 0 0 A 0 0<0 ~ 0 '" '" 18000 0 3; ~ ~
Iii I I / Ii ~ I [; I
10:' a a a 00 a a a 0' a -~...... a....... U"I 160 a a O':::a r t'1
I ....... ;:: I~ II ;:;.
Iii> 1/ )> 18 (J) t-'I
<:>,000 600000 00, '" 0 '" ~ '" I~ ~ 0 0 0 -< '" Z I
I' ...... ' I '- ~
...... I,> I C ~
Q,OaOCOO'Doa .~oo I.:;:O'ow-" ..:..:.!co......o Z rn
1 '- t'l I
ceca 00'0'00'0 00'0 ~.O-W""" 0'0100'0' ~ ~
)>
C
0000 000000 000 ~~~,.", 00000: I
0000 "'o~Joo ~~o ,.~o",o ~oo~o ~
,
g' I
. -4
i ~ *.
, 0
m
o
i ,. "'~ ~ I
000'0\ ~o~woo ............0' ~~m~m ~......owo 0 ,
------
I
-;1 '~I~ '11'>~1 -;1 ;1 POl -; 'll~ I I'''' -; ~Ii M 1-;1 n>: "
C::i:-1\-l~{/)-o" o,G)ZZ"T1"T1)>-11 oco,:;O{/)1:D oz-o<;:;oO,)!:;:: o(,....~1-
I ~!."I"lolzl>l~ ~>OOOiO-t!i~ ;;:>lm-lciQ ~mcmmc;::C: ,;~DI~ FC
rl~ C-t oICIJ'lllQ' r "'Tl"'Tl ::tli;:;;;J ;::;:!i;~ r z'~I:;O ~Il;:; ,G:lI~'I ~!f': ir m ~Ii~ '"
Im^'''I~I'-' (;) I mlm~llt'" zmmm'O'l 1(;)lo,mlmllz ''''-;<I~I
. 122 ionolmj:::, mf;I~DO~II> G":lZ--l(j)!:::::: mICIlmZUl< r "'I
.z 1-< (D ;!; iJ":!:j: 0 rTllm " ,:::::: - -; (J} i< Z ir -l (j) ~ m
IGI ()I;:::IO'~ z' ,Z;:oOI-< Z5> -lID >1 V} Z I~
I '1>-;. ml~'m"" -<'/5 A\ i' ~ C( I -; I" II:'" ~ III;';''''
-l:> Z CII ::0 0 m 111~r:'l ,,' 10
m m ;> .
3: ~ ::b rn z I 11:" c Z
-; V> " I 0 ~
I [g , IBJ ~
I I I I
. I 1 I I I
i I.... ...... ....YI > .... I. . '1>1'" .. "It I...... ...... .... -< U;
i...... '..: ~..' -.>0....... '." ':"- _ _..':: '__ .-- :..l '.', ,,; --I co
I !1'Vt.=o co-oeo N!01 ~-(..,)m""" (...\ 010000- ,J:>..t.):O 0 ......:0 0- 00 0......
! I I
! I
I lie .>iiIY I I I ......... U;
,~I "-.- co. . ~ ~ ~:~ ~? ... ...... .....iL 2 ,,-1>.e.:.::'1 '"
jU1 u;l c..:ljW: I'V ..... ~!OiOI N 0 r-j' a iU 0 u ~Io 'U 0 l\,)
I I I I I I I
. i I I 'I I
I I I I I
e>> Y;;--;;-- ...... ....... I > ......> >e I > ......> ::'1 U;.
~~k y ~~~~~~~ ~(.. ~ &~S y~~ o~
I I I I I
. _ C) "",I", :..1(.> fj U> H coY ...Ie I:... ;;122;1211/ ........ 112 .,:; I~ ~ i
I I I
. I 'e Ie ........ ~
000000 60001000 ~oooo l~ooooo6oo z
....... .... '....1 Ii 'i I TI ~
n "~ ~ ~ m'"
. 000000 oooJooo ~oooo 000000 600 w~
1(1(( Ii ~ i
. 000000 ~oooo~o 60000600000 000 ~
~OOO~N mO,~N~O~ 00000 000000 0:00 ~
I ~~o~oo woo~~~o ~oJ~o 000000 0100 ~~
I 0000100 "'~oO~IOO ooJolo. 00010001 000 I~
~ 0 0 ~ 0 0 ... 0 0 ~ J~ ~ 000010 I w ~ 0 ~ Jo 0 0 0 ~
. 0000100 "'~O,OJ>-,OO ~oo~'~ ~oo~oo 0001 ~,
I "+000 .ooloowo Iwoo"o "owwOO I 00,1 ;
.- - I I I I ~
I i I I I I I~
I I w ~ I I ~i
CDit-,)......M-"'1"V ~-..l:......01~O'lru ,.::o.OOI~,"""1 ......,-"'~.::o.~o 000 -j
--------------
-<il! ':l; -<I I 1<"") -<I 'I I'" -< . I"" I
OFro.,,"tl()~ OI>1:i"O(D 0000 O'):>vtDCDCP"''''''''(/)--lro::t: L}I
--l rom 0 :> l..... ~ C C ::0 C --t -1 :r: i --t - --l 0 -< -< - ;0 ::0 ^' I 0 r-'-'
~lms:rl~::01 ~I~~<if'l~ ~Iml!~ ~M~(/),,()Qoooo~>~ w
~:j~I~~I~ O-;lmlZ ;;J!@I~ '(f.I'~rn~^rlro;o:t>~~ V1 I
..L Z :> 1:l 1_ ""'iJ mUll> . If"oI m --l In cOm r me'" ......
g ;0 1:i <: 010 :Al -0 Ul r-' I -< -0 m U5 1.;;2;J:l 0 (f.I --t :j
(fJ m =S U>r 0;0 I ,. 0 m G) r; 0 Z
~ ~ ~i~ ~I~ v I~- Qi ~ [!i ~ ~ ~ ~O
;:OX."mtDrz r::. ...J;r;:ON> _
G) " 'j; 112 '" Iiii IS: :> -< ~ N" Z rn I
~ --t ~~ I I~ CJ) ~ ~ ~
~ g Ib z
I Ig I II I I I
....... 1 I ...!. I 1.1.. ...... I '~I
I '.< < I I'" I> I I .:..21........1: '.. .... ... 1 .< 1< ....... 1-< I <0
/:)::- ....., (,0)':: I'V " .1 ~:::J-.-.: {.no;: I':: -' ~ CD
", ~ '" 0 ~ "-'i '.... ",1<0 <0 0' '" 0 ",I """-""-'101", "-'1<0 "-' '" ~I'" 0 0 oI~ I
II I Iii II I
...... ." .... ..,., ~I~ ..'.... ~ ........ :: .. il<. ...... a;
:";< 0;:1 -~ Olo' 0);';'" .::..1::, :)' ~ CO
1600 ~'" '" .~...<o 0.... :. ....<O"""woo 0"-' I
I I I I
.... ...... < '1< ...,' .... 'I I: .... 1'<< -< ~ I
:;:; Ii: _ ':'::':::::::,' ',>;:=: :;.....a.1:'" :,: I>::: ,-::' -::'::;':;:: -I CO
I. .....1..< "'lwIN,"" IL ,,-,I::, .: ",,~LI.: ..... 0 '"
I~O,N r.oC:C(.o)I~_ .......~If.l) NIp..;) :;,;,.ji\.)CD!cn C,o)
I I I I i I
.... ..... 'I .<..... I.': .,..... :. 1<' .: ...,.... I ~ ~
:: 'i: "'.i; '1.'<<1 ...:i: ..... . :... <'i ....,. I'"
'" w "'......... .."'......"'''-'0., <c
"'W~Oo. ~ '" 0. .... "''''~'''o= I
I
i I < I 5; I
600000 ~ooo ~~IO ~oooooo~~~ooo Z
I ~~
i I ...... m~
:booooo.~o~o N~""" N.......oooooo~owooo ro~ I
< I ......, I ......1 :;::
'-- . .;;". >
600000. ~~o~~ NO ~O.OOOO"""roO"""OOO ~
~ O,~ 0 0 0 '" W 0 ~ ~ ~ 0 ~ 0;10101000 ~", ~ CO 000 ~ II
000000 I '" ~ ru,~ ~ ~ ~ 01 0;1010 ~ 0 0 "-'.... ~ "'" ~ 0 0 ~ II
"-'O~O~,O ::",Jw~ ~oJ ::~o.o~~~",owoo~1 ~
00 0 0 Jo ", .... 0"-' 0 0 0 0 <;; 0 0 ~I~ 0 0 ", ~ ... 0 0 0 ~ I
I' >
000000 "'"'" oru 0 000 <:;ooolooo"',~",ooo: I
~ ~ ml
000000 ~~NW""" ~......O ~"""OO"""OO~"""IDOaO ~
- I I II I I~II
I II. ~I
I I ~I
. 'I'" wi ~ II :: I 'I ........ ~I I
WONo......ol .CD......C;lCJ1CT.l to())(.,) (..,)t'VON(".)......,C.TI~.o)CCl......O...... ,)j
I
-< I~I -< I ,... -< Jrll -< ;1, 1;11;;: -< ''-<
9 m )> )> }>!: ;tI en ..., ::tl ~ Z <11:::;:0 ~ 9 s: 00 9 I AI coo -lID I:::: 0 -l (")0 Z 0 C :;::J Ic< ~
--.zlJJwzomc;::tlm: --. Bmjt"-'j -'>c;::ll:;;o< -'>mZl:DmmolV) -11%2 ()CZc ......
IF: < (j) IJJ !:,c (") ~ )> Oil ~ rrl r (J)!(n f:. r=.C/'J I~ ~ ~I~ r en -ol~!('),b ~I~iz 0 Xl 0 Z - ~
o-<-<lr!;o~~~;iiil~1 1~Ir:=lm~ I >!~Ic: ~~~~~55 ilz Ig~~~~~:::
. z ~ ~ Q;l1$;:O::U -;:0 ;tIl~ ~:~ ~IO:: ~ ~ -n C (") -;-i U5 Ie 0 ~ G) G) ~ ~
~:r:r:;;:;!ol~0zl~1 Isl......~:- ;:gl:r:~ m)>r-lQ:j !!~ .coC5$m
I ~ ::0 ;i) ol~ -0 ~ en Ul!I~1 v ~ iO ~~!;;o ~ -;--l ~ (iJ ~ c:ol~ l"'":l ~Iffi m r 0 l~
)> > )> 0 _ ;:0 ~ -l -l ::0""0 I> ~ G) if))> i. (1)'11 (J) ~
~ ~ ~ ~ ~ ~ z Gi P ~ ~ ~ ~ ~ 10 s: ~ ~ ~ ~I~; ~Iz ~ I~
~ olt5 ~ ~ 0 ~ ;I~I -<Ix -l ;;0 G) t"1 l!.1 !:( ~ -l 'ICii I~ z I,.'"
>~~z ~~ZCM ~m ~()~ (") (') en > !z en ~
I ~ '> r- -l -l IJJ -ll~ ;:0 ;g IJ) ~ - I~ m liz 10 ~
z~...;.. 0 m-o G)Vl~ m (J) M I -<
- 10 I~
I 3 I 1:<: I .
I I II i I I I
I , I I, I
I., ,ill. i.' "L"""!~ .., I ...... ',.. II' ,"il 1\\\ I -< ~
ID ; tv ~t~,.. .. 1, ". (.) "..' t.:J ....... I; I', -I <0
I WOO OJO 0 o!~IV>it'\) <.....I)~)'" ..... .po: 01'::" ...... ..... ...... 00 ...... c...> 01, ~ 1<>> D ~
I I I I I I I I
I ....... ........ I ....... I Iz ..... I,ii} I~
""1... '- " __ ,; "'__ "'~, ,}i i......... ",I'. ... ,iii .:...1 ~,~
~O~Oi i~ ~__~ ~_~ ~N ~.~ ~ ~ o~
I I I II I I I
I .'i I Ii ......1 .. Ii 1"1 III!li ~i~
~ _<Ii. Ii ",I I'" =} ..... I' .... ii iTp oj~
.~ a ~ I'\) IN 01100'1 c.n ~ I.,p. CD IN 1- it.>
I ' I I I
. . iil ", I I' I.. ....... I>. .....i I I ..........1' >.' I' ~I~
I ;;lool...j...o",~I~lg 1~...",6 1;:;0;:; ""i I",i.. ~;" ....... I'-'~ oi'f
II I
I i I I'! Iii >1 ~
~ oia 0 0 00..... 1'>..)..... 12 0 ~ 01 r:L 0 --L ..... 0 0 0 0 0 0 0>100 .....;..... o.p.. Z
I. .1 1)'i'! I ,,1
I GOOOOOO~--LO 160001 I~O--L booooooo ~jOO~--LO~ m
I. I'i i I i~
I ;::;o~o~o"''''...o I"'o~~ 1;;';0'" iJooo",ooo L,~o~~~'" 1;0
'I 'I')>
I~OOOOI00I'01'00i c...>OI'>..)~ r-v........... l'V.....oo.....ooo WNOO,OO~ l;:g
I I i;::~
-l. :> ~
I loooooo~~""'o ~O--LO c...>.....~ r-v0..... 00 0 0"'" ~.....0I'001'0~ 'c.n
1= E
I oOO~~O""'wwo "'0,,",0 000 ~oooooo~ ...~o,,",oo~:
~oo......oO......~.....O 0000 t.>QW 00000000 c.no...........o.....~ r
I )>
~ C
~00I'000~WWO 0000 ~ow c.n 0""" 0 0 o.....w (..)00.....0........... Q
, I",
~I m
I ""'00~~0..."'(,.l10 "'o~~ "'0",1 "'o~ooo~~ ""'0000"'0 ~
Ie - I Ii Ii
I I I I I II I ~
... i 'I I ~ ""' '" ~ ~ ~ U I ... ~I ~,~
01 Oi......O'l (..)10 CD ""'-l 0,..... 0 CD (.) -....I "'-> 01 icn:1V (.) 0 (..) 0 N C') ~ c.n...... 0 WI-.I CD I
- I
3RD Quarter Traffic Statistics .1
July Through September I
I i.liAH. .liiGI.Jr..lrLciINoiili$v..r!rVHrlwBTITota(1 I
."'. Total Tags 83 28 85 30 141 74 55 496
Total Speeding 52 21 47 21 96 44 38 319 I
Court Tot. Tags 446 33 319 43 501 266 209 1817 I
Court Tags Disposition 285 20 169 33 333 147 138 1125 I
Court Speeding 107 22 68 23 131 51 46 448
I
% of Total Tags 18.6% 84.8% 26,6% 69.8% 28.1% 27.8% 26.3% 27.3%
% of Total Speeding 48.6% 95.5% 69.1% 91.3% 73.3% 86.3% 82,6% 71.2% I
-I
I
I
I
I
I
I
- I
-.
I
I -
I January Through September
rs Worked 119
es Driven 6523
I ~llllllllllll'111I'lllllll'111,llll,~tllli,1111,ll11g~llil;~~IIIII;INQil"illll SMli;;MtI,:IIIIIIIII~i'111111111111!~111
I Verbal Warnings 64 18 74 27 96 51 42 372
Speed 1-14 101 37 89 51 171 91 77 $15,425
I 15-20 50 14 41 17 76 35 25 $7,740
20 + 6 0 3 2 21 3 5 $1 ,400
I Seat Belt 16 5 20 4 20 17 7 $1,113
Insurance 21 6 20 11 36 26 15 $33,750
I Careless Drv 1 0 0 0 0 D 1 $100
DWI/Drug 4 2 1 1 0 0 0 $2,000
I Equipment 6 1 3 1 8 5 0 $600
Lane Violation 2 0 2 2 8 2 2 $450
I DL Violation 11 7 9 6 13 11 4 $610
- d DL Viol 1 0 5 1 7 2 0 $0
I M Misd DL 0 0 0 0 0 0 0 $0
I Registration 11 4 10 4 14 13 3 $590
No Headlights 1 0 1 1 3 1 1 $160
I Obstructed Vision 1 1 0 0 5 3 0 $200
Stop Sign/Light 11 1 15 1 5 13 4 $1,250
I Parking 3 0 2 0 7 0 0 $120
Follow Close 0 0 2 1 1 0 0 $100
I Load Violation 4 0 4 0 0 0 3 $550
Written Warnings 11 5 7 3 11 3 3 43
I Arrests 4 1 6 2 6 4 3 26
Warrants 2 0 5 1 3 6 2 19
I -
Total Tags 250 78 227 103 395 222 147 1422
Percent 18% 5% 16% 7% 28% 16% 10%
I Traffic Complaints 31
I ~s on Complaints 83.5
Average Tags/Day 11.95
I Min. Revenue $66,157.50
- .
September
I Days Worked . I 8.51 .
I Miles Driven I 500 I .
~~Hjlj;'I!I;illl!!I!;ill'i!! !lliilllljl;ll;%tl,lj~rllii'l!g~lllllljll!:'~!llifIINQlilllll,~glllliIMtlll;,lllji~;illjll,il:::ljl!III~Qt~11 I
Verbal Warnings 3 1 2 2 8 5 3 24
Speed 1-14 4 2 6 2 14 5 3 $900.00 I
15-20 4 0 2 0 5 2 1 $420.00 .
20 + 0 0 1 1 1 1 1 $175.00
Seat BelVChild Seat 1 0 2 0 3 0 0 $75.00 I
Insurance 0 0 2 0 2 0 0 $1,000.00
Careless DN 0 0 0 0 0 0 0 $0,00 I
DWI/Drug 2 0 0 0 0 0 0 $500.00
Equipment 1 0 1 0 0 0 0 $50,00 .
Lane Vioiation 0 0 0 0 0 0 0 $0.00
DL Violation 0 0 2 0 0 0 0 $20,00 I
Misd DL Viol 0 0 0 0 0 0 0 $0,00
-.
GM Misd DL 0 0 0 0 0 0 0 $0.00
Registration 5 2 1 1 3 1 0 $130,00
No Headlights 0 0 0 0 0 0 1 $20.00 .
Obstructed Vision 0 0 0 0 0 0 0 $0,00 .
Stop Sign/Light 1 0 0 0 0 2 0 $75.00
Parking 1 0 0 0 3 0 0 $40.00 .
Follow Close 0 0 0 0 0 0 0 $0,00
Load Violation 0 0 2 0 0 0 1 $150.00 I
Written Wamings 6 0 0 1 0 0 0 7
Arrests 0 0 2 0 1 0 0 3 I
Warrants 0 0 0 0 0 0 0 0
-
Total Tags 19 4 19 4 31 11 7 95 I
Percent 20% 4% 20% 4% 33% 12% 7%
Traffic Complaints 4 I
Hours on Complaints 7,5 -.
Average Tags/Day 11.18
Min. Revenue $3,555,00
.
I -
I August
~ Worked , 18.5
I lies Driven 973
lil;'111110111;;!!ll'l:il$.IIIII!I!III!!I!iil~!1!liil!!fllli~~IIII!I!III!J;~il';j;II~I!!IB9i!II.!1111I~Mlli;!lillll;Mtll!llllli~JjI!I'll!I'III;llli!m~;11
I Verbal Warnings 10 4 11 2 17 9 9 62
Speed 1-14 9 12 7 6 20 16 10 $2,000.00
I 15-20 4 1 3 0 7 6 5 $780.00
20 + 1 0 1 0 3 0 0 $175.00
I Seat BelVChild Seat 0 3 3 1 2 3 0 $150.00
Insurance 5 0 3 1 3 5 2 $4,750.00
I Careless Drv 0 0 0 0 0 0 0 $0.00
OWl/Drug 0 0 0 0 0 0 0 $0.00
I Equipment 0 0 1 0 4 0 0 $125.00
I Lane Violation 0 0 0 0 0 1 1 $50.00
DL Violation 0 1 1 1 2 2 2 $90.00
I ~DLViOI 0 0 2 0 2 1 0 $0.00
0 0 0 0 0 0 0 $0.00
GM Misd DL
I Registration 0 0 3 2 3 4 2 $140.00
No Headlights 1 0 0 0 1 0 0 $40.00
I Obstructed Vision 0 0 0 0 0 0 0 $0.00
Stop Sign/Light 1 0 1 0 1 1 0 $100.00
I Parking 0 0 0 0 3 0 0 $30.00
Follow Close 0 0 0 0 0 0 0 $0.00
I Load Violation 4 0 0 0 0 0 2 $300.00
Written Warnings 0 2 0 0 0 1 0 3
I Arrests 1 0 1 0 1 0 0 3
I Warrants 1 0 2 0 0 0 0 3
-
Total Tags 25 17 25 11 51 39 24 192
I Percent 13% 9% 13% 6% 27% 20% 13%
attic Complaints 5
I urs on Complaints 5.5
Average Tags/Day 10.38
I Min. Revenue $8,730.00
------
- I
July
I Days Worked . I 16.51 I
I MilesDriven. I.. . . . . .. . . . . . ... . 905! .
'!1!11111!,!!j,'!!!II!!I!;)i!l!il!!i!~tl;111!!I!!!!1!lgglli!!IIIII~Qlillli!ll,ill!'~QIIIIII~~l!l!Ili!!I,YH!lllillll~i!!I!!lli!III:I'!lli]~~l! I
Verbal Warnings 8 3 17 4 15 6 6 59
Speed 1-14 21 5 18 8 27 9 11 $2,4 75.00 I
15-20 9 1 8 4 14 5 7 $1,440.00 I
20 + 0 0 1 0 5 0 0 $210.00
Seat BelVChild Seat 2 0 1 1 1 1 1 $87.50 I
Insurance 3 0 4 0 7 3 1 $4,500.00
Careless Drv 0 0 0 0 0 0 0 $0.00 I
DWIIDrug 0 0 0 0 0 0 0 $0.00
Equipment 0 0 0 0 0 0 0 $0.00 I
Lane Violation 0 0 1 1 2 0 1 $125.00
DL Violation 1 0 1 1 2 1 1 $70.00 I
Misd DL Viol 0 0 0 0 1 0 0 $0.00 -I
GM Misd DL 0 0 0 0 0 0 0 $0.00
Registration 2 0 2 0 0 2 0 $60.00
No Headlights 0 0 0 0 0 1 0 $20.00 I
Obstructed Vision 0 1 0 0 0 1 0 $40.00
I
Stop Sign/Light 1 0 3 0 0 1 2 $175.00
Parking 0 0 1 0 0 0 0 $10,00 I
Follow Close 0 0 0 0 0 0 0 $0.00
Load Violation 0 0 1 0 0 0 0 $50.00 I
Written Warnings 1 0 0 0 1 0 0 2
Arrests 0 0 0 1 0 2 0 3 I
Warrants 0 0 0 1 0 5 0 6
Total Tags 39 7 41 15 59 24 24 209 I
Percent 19% 3% 20% 7% 28% 11% 11%
Traffic Complaints 8 I
Hours on Complaints 20 -I
Average Tags/Day 12.67
Min. Revenue $9,262.50 I
I --
. .
~
I OMMMO..--COOt--OMN.....
IV co MMI'-D:) CO l'-I,{)~cn~
C') NMcOcci-.i.,ri MNC">a)N (1)
. E~ N('"),.- 1.0..- C'\IMt.{)..q-r) g>
I ~~ ~
o ~ 0 ~ a 0 0 oat.{) 0 0 0
o 0 ~ 0 0 ~ ~ ~ l'- m ~
E .........-- NN N N
I .~ ~
)( ,-
lOLL
::;;
I OOOI/)l.{)"'l:tOOll)l,{)l.I)C"')N
MOW M I,{) I'- I,{) ~ N ~ N
... v..--..---.:tt--N M..--..q-..--M
C .........-- v ~
I ~5
,- E
LL<l:
o DON 0 M N a co 0 0 ~ ~
I ~ ~ N '"
t::-
'" co
l!'l 00
I ; uU
g ~ ONN..;-tr>..--OOCOO..--NM
IIn ::l ~". to-
0;.. E
..t:i ~ U)
~ "'C C <> ~ ~ ~ ~ <> '" <> ". <> <> CD to-.
CJ) c_ ...... or- ..-- ...,.
o ",:::
Ig' 8 ~ 6
I- l!'l
0"1 OtOO"'ltVT'""vOl'-tOl'-cou:a
~ 0"1 N..-- M CD Uli
,.....j "C ... .....
Cl> .. :::
.... - .!!'"
oJ rl o..Cl
In 0
F~
~ a m'M m 0 N ~ 0 I'- to co v u:a
'..I ..-- LC) M..-- l.l) co co
I ~
I v I'- co I'- l.I) ..-- M v co I'- l.I) I'- Uli
v ..-- co v N co ..-- 0 ...,.
~ ".
..
l-
I
I j .
17} C/) ~ ~'_
. ~ (J),..... c ..... 0 tU
o c: c .- _
O)..-f .- -';; 0> 0
I ro"~" VJ ro ~ ~ 0 ~:;::;:= C) ~
1-=:2:2 EC~OlU~~ .s.!!!
-> a.CC"".!;-V) VJ"'a
o~ ~....J~.5::;~~TIQ)rn5~:r
I ~~oootffEO~titi(J5U}br~ ~
(0 Jl:C 'E t::
~ <l: ~
I- 0
~
I
. .
I. AGllEEKENT
LAll ENFORCEIIENT SERVICES
I -
This is an Agreement betveen the County of Ramsey
I (hereinafter referred to as the "COUNTY"), and the City of
Shoreviev (hereinafter referred to as the "MUNICIPALITY") , to
provide lav enforcement services to the MUNICIPALITY for the
I period commencing January 1, 1995.
lJITNESSETH:
I lJREREAS, the COUNTY has contracted to provide 1av enforcement
services to the cities of Arden Hills, Gem Lake, Little Canada,
North Oaks, Vadnais Heights and ~ite Bear Tovnship (hereinafter
I referred to as the "MUNICIPALITIES") , and it vould be
advantageous to the MUNICIPALITY to also contract with the COUNTY
for similar law enforcement services, thereby allowing for the
allocation of overhead and other administrative costs over a
I larger population; and
lJREREAS, the parties to this Agreement are desirous of
I contracting for the performance by the COUNTY of the hereinafter
described lav enforcement functions for and vithin the political
boundaries of the MUNICIPALITY through the Ramsey County Sheriff;
l- and
lJREREAS, the COUNTY is agreeable to rendering such services
on the terms and conditions hereinafter set forth; and
I lJREREAS , such contracts are authorized and provided for by
the provisions of Minnesota Statutes Sections 471.59 and 436.05,
and Lavs 1959, Chapter 372.
I NOl1, THEREFORE, IN CONSIDERATION OF the mutual undertakings
set forth herein, the COUNTY and the MUNICIPALITY agree as
I follovs:
1. SCOPE OF SERVICES
I l. The COUNTY agrees, through the Sheriff of the County of
Ramsey, to provide patrol and police protection within
the political boundaries of MUNICIPALITY to the extent
I and in the manner hereinafter set forth.
2. Except as othervise hereinafter specifically set forth,
such services shall only encompass duties and functions
I of the tY1'e coming t,;i thin the jurisdiction of and
customarily rendered by the Sheriff of the County of
Ramsey under state statutes.
I
I-
I
.
.
3. The manner and standards of performance, the discipline .1
of officers, and other matters incident to the provision - I
of services under this Agreement, and the control of
personnel so employed, shall be subject solely to the
control of the COUNTY. In the event of a dispute between I
the parties as to the extent of the duties and functions
to be rendered hereunder, or the level or manner of
performance of such service, the determination thereof .
made by the Sheriff of the COUNTY shall be final and
conclusive as between the parties hereto, subject
however, to the provisions of Section V.3. herein. In
the event the MUNICIPALITY, through its elected body or I
authorized agent, notifies the COUNTY that is
dissatisfied with the assignment of personnel for the
performance of services under this Agreement and requests I
a change in personnel, the COUNTY shall make every effort
to effect a change in the assignment of personnel,
provided that such a change does not jeopardize the
ability of the COUNTY to provide services to other areas I
of Ramsey County in a timely and efficient manner.
4. Services provided pursuant to this Agreement shall I
include, but shall not be limited to, traffic law
enforcement including the regular use of radar as a speed
deterrent, non-traffic ordinance la10l enforcement, and the -.
regular patrol of business and residential areas .ithin
the MUNICIPALITY. The COUNTY'S contractual obligation
under this Agreement do not lessen the COUNTY'S
obligation to provide patrol and police protection I
services to Bellaire Beach, area lakes, Ramsey County
open space areas, and regional park areas 010llled by Ramsey
County and all other areas under COUNTY jurisdiction
located .ithin the poli tical boundaries of the I
MUNICIPALITY. The COUNTY'S contractual obligations under
this Agreement shall also recognize the underlying,
historical obligations that Ramsey County has to provide
police protection to the MUNICIPALITY. I
5. Services shall be provided 24 hours per day and shall be
performed by the number of deputies and other personnel I
budgeted for in the current year Budget Estimate,
attached hereto as Exhibit A and made a part of this
Agreement. I
6. To facilitate the COUNTY'S performance pursuant to this
Agreement, the MUNICIPALITY agrees that the COUNTY shall
have full cooperation and assistance from the I
MUNICIPALITY, its officers, agents and employees. The
MUNICIPALITY shall designate a liaison to the Ramsey
County Sheriff's Department. The liaison shall attend
meetings of the Sheriff's Contract Communities Committee .
and shall represent their respective MUNICIPALITY at
their meetings. The purpose of these meetings is to -
develop short-term and long range plans and to coordinate I
I
I
- ~
I. and analyze police service and other related public
service issues. The Sheriff's Contract Communities
I Committee shall also review any disputes which arise -
between the MUNICIPALITIES and/or Sheriff's Department
and recommend a resolution.
I 7. The COUNTY shall furnish and supply all necessary labor,
superv~sJ.on, equipment, communication facilities and
dispatching, and supplies necessary to provide services
I pursuant to this Agreement.
8. All deputy sheriffs, clerks, dispatchers, and all other
COUNTY personnel performing duties pursuant to this
I Agreement shall at all times be considered employees of
the COUNTY for all purposes.
I II. ASSUMPTION OF LIABILITIES/INSURANCE
1. Except as other provided, the MUNICIPALITY shall not be
called upon to assume any liability for the direct
I payment of any salaries, wages, or other compensation to
any COUNTY personnel performing services hereunder for
said MUNICIPALITY, and the COUNTY hereby assumes said
I liabilities.
2. Except as herein otherwise specified, the MUNICIPALITY
I- shall not be liable for compensation or indemnity to any
COUNTY employee for injury or sickness arising out of
this employment, and the COUNTY hereby agrees to hold
harmless the MUNICIPALITY against any such claim.
I 3. The MUNICIPALITY, its officers, and employees, shall not
be deemed to assume any liability for the intentional or
negligent acts of the COUNTY or the COUNTY'S employees
I perf orming services pursuant to this Agreement, and the
COUNTY shall hold the MUNICIP ALITY, its officers, and
employees harmless from and shall defend and indemnify
I the MUNICIPALITY, its officers, and employees against any
claim for damages arising out of the COUNTY'S performance
of this Agreement.
I 4. The COUNTY, its officers, and employees shall not be
deemed to assume any liability for intentional or
negligent acts of the MUNICIPALITY or of any officer,
I agent or employee thereof, and the MUNICIPALITY shall
hold the COUNTY and its officers and employees harmless
from, and shall defend and indemnify the COUNTY and its
officers and employees against any claim for damages
I arising out of the MUNICIPALITY'S performance of this
Agreement.
I
I-
I
,
~ -
IV. PAYHENT .1
. I
1- The MUNICIPALITY agrees to pay the COUNTY the actual cost
of providing all services covered by this Agreement.
Actual cost shall mean the MUNICIPALITY'S pro rata share I
of the COUNTY'S total cost of providing patrol and police
protection services to the MUNICIPALITIES yith yhich the
COUNTY has agreements for the current contract year, I
including, but not limited to the folloYing: salaries of
employees engaged in performing said services, including
vacation and sick leave; mileage, uniforms; public
employees retirement contributions; 'Workers' ,
compensation, automobile, general liability and police
professional liability insurance costs or the cost of
self-insurance; general overhead, including indirect I
expenses and supplies, radio unit expense, health and
yelfare expense. Costs as used herein shall not include
items of expense attributable to services or facilities
normally provided or available to all cities yithin the ,
COUNTY as part of the COUNTY'S obligation to enforce
state lay. Computation of actual costs hereunder shall
be made by the Ramsey County Budgeting & Accounting I
Division based on information provided by the Sheriff.
2. The COUNTY shall bill the MUNICIPALITY on a monthly basis
in an amount equal to one-tyelfth (1/12) of the current el
year Budget Estimate for services to the MUNICIPALITY as
set forth in Exhibit A. The MUNICIPALITY shall pay the
COUNTY yithin 4S days of receipt of the monthly
statement. At the close of the contract year, the COUNTY I
yill reconcile the current year Budget Estimate and
current year actual costs and shall either give a credit
to the MUNICIPALITY or bill the MUNICIPALITY for ,
additional costs in excess of the Budget Estimate.
3. An estimate of the costs for the upcoming year shall be
furnished using the District Plan format by the COUNTY to .
the MUNICIPALITY no later than September 1, of the
current year. Said estimate shall be for the limi ted
purpose of better enabling the MUNICIPALITY to estimate I
its budget. It is understood by the parties to this
Agreement that said estimate shall in no yay prevent the
COUNTY from charging its actual costs. The MUNICIPALITY
must annually indicate its acceptance of upcoming year I
Budget Estimate in yriting prior to Oecember 31 of the
current year.
4. If the MUNICIPALITY does not indicate its acceptance of ,
the budget estimate, the MUNICIPALITY and the COUNTY must
meet by January 31 of the budget year in question to
reviev and reach agreement on modifications to service I
levels provided by the COUNTY that are consistent \lith
the MUNICIPALITY'S budget and that recognize the impact e,
of these service level charges to other jurisdictions
that contract yith the County for these services.
,
I
I. 5. Ramsey County agrees to maintain, during the term of this
I Agreement, automobile, general liability, workers' -
compensation, and professional liability insurance in
amounts deemed appropriate by Ramsey County through its
I Risk Manager. Ramsey County shall name the llUNICIPALITY
as an additional insured on these policies except for the
workers' compensation policy. The MUNICIPALITY agrees to
pay, as a part of the actual cost as provided in Section
I IV below, a pro rata share of insurance costs. These
costs shall include the costs for any assessments and
credits for any dividends by participating in any
I insurance pools or trusts. Ramsey County may elect to
self-insure all or any portion of these risks. If Ramsey
County cannot obtain insurance and/or elects to self-
insure, the MUNICIPALITY shall pay a pro rata share of
I the costs of self-insurance. Insurance costs as they
relate to insurance coverage shall include premiums and
deductibles. Costs of self-insurance shall include
reserves, claims and damage payments, and administration
I costs required to maintain self-insurance.
6. The MUNICIPALITY acknowledges that Ramsey County may, in
I an effort to provide the best insurance coverage at the
most economical cost, become a member of the Minnesota
Counties Insurance Trust or some similar organization;
l- and the MUNICIPALITY further acknowledges that membership
in such an organization may be for a fixed minimum term
and may expose Ramsey County to some type of contingent
cost liabili ty, such as debts, obligations and
I liabili ties, in the event that Ramsey County withdraws
its membership. The MUNICIPALITY agrees to reimburse
Ramsey County for the MUNICIPALITY'S pro rata share of
any such contingent cost liability arising during the
I term of this Law Enforcement Service Contract and
assessed against Ramsey County. Upon notification to
Ramsey County of any such contingent cost liability,
I Ramsey County will notify the MUNICIPALITY in a timely
manner.
III.TERll OF AGREEllENT/TERllINATION
I 1. This agreement shall commence January 1, 1995, and shall
be in effect through December 31, 1999.
I 2. Either party may terminate this Agreement upon 12-month
written notice to the other party.
I 3. Notice to the COUNTY shall be given to the County
Manager, and Notice to the MUNICIPALITY shall be given to
the Clerk-Treasurer or MUNICIPALITY'S administration.
I
.-
I
--------- ------------------
I
V. GENERAL PROVISIONS .1
I
l. It is understood that prosecutions for violations of
ordinances or state statutes, together '.lith disposition
of all fine s collected pursuant thereto, shall be in I
accordance ~ith state statutes, state rules, and judicial
orders.
2. The Ramsey County Sheriff's Office shall submit to the .
MUNICIPALITY monthly activity reports detailing the
activities of the Sheriff's Office ~ithin the
MUNICIPALITY. Said reports shall contain, at a minimum, I
the number of calls ans~ered and the number of citations
issued; hOTJ€ver, no information ~ill be provided ~hich
~ould violate the State Data Practices Act. I
3. Any alterations, variations, modifications, or ~aivers of
provisions of this Agreement shall only be vali d ~hen
they have been reduced to ~riting, signed by authorized I
representatives of the COUNTY and the MUNICIPALITY and
attached to the original of this Agreement.
IN ~ITNESS WHEREOF, the MUNICIPALITY , by resolution duly I
adopted by its Council has caused this Agreement to be signed by
its Mayor and City Manager and the seal of the MUNICIPALITY to be -I
affixed hereto on the day of , 19 -' and
the County of Ramsey, by resolution of its Board of County
Commissioners, has caused this Agreement to be signed by the
Chair and Chief Clerk of said Board on the day of
19 .
-
COUNTY OF RAlISEY CITY OF SHOREVIE~ I
By: By:
Hal Norgard, Chair James Chalmers
Board of County Commissioners Mayor I
By: By:
Bonnie Jackelen, Chief Clerk Terry Schverm I
Board of County Commissioners City Manager
APPROVAL RECOMMENDED:
I
Bob Fletcher
Sheriff of Ramsey County I
I
-.
I
I
I. APPROVED AS TO FORH:
I -
--
Assistant Ramsey County Attorney
I INSURANCE APPROVED:
. Risk Manager
Revenue Estimated S
I Account No.
Budgeting & Accounting
.
I
.
I-
I
.
I
.
.
.
.
.-
I
I FRIDAY, NOVE'UlER 10' 1995 Metro/State'... ."~..,.,,
I INSIGIIT: Environment I ~
. The grounds of tile Twin Cities Anny Amrmmition Plant remaillremarkably rich in nalive State questions w,
flora and fauna - and could become a key component of a network of urban greenways. fee paid by NSP cw
I From arsenal to nature's haven? K",S,,,",, """m,,,';,,,, ,'''" "",
. . pilnmerll.snidTIIlITsuayth;\! hcr"!,:('ll
, eJectrtc (l'-~I/)Ill{'r~ uf NOrlhl'rIl 51<11<"
I cominuclopaYlInudCHwasIl' sluragl'I.
I By 0""'0""0" I I 'OC I'y"" Nsrh""II''''''mw
Star Tnbwlf! S((llflVrirer elCCltl(: cusromers 10 pay the U-S. El1cr~
. ... anddevcloplllento[nl1ationalreposil
l.asl summer. while exploring Creating a Wildlife link Sanda SOlid rhl.' program has been "l11i"
J grassy patch o( lnnd in Arden _ _, I "along-sI311dil1gcollsumcrrip-[)ff."
H~lls. a research learn headed hy ConserY<1ti<:rists~lo=atenewcorridoolrorlrb<wlwlkllifel)ylink~eo:istingparll5an:lo!hefrrlugestcl.l'ldeYeloped Fedcr~loffici1\ls hnve becllsludying
I rred Jnnncll dISCOV.er~d a little. landwllhin II1eTwonC'Ii@.sArr'l1yArm1ur>rtIOf1PlanII!1ArdenHlls. T~h<garsenalS01etl&saWf(leY<l'letyl)/wddneand Nev., for a JlOS~ib.I'. permam.'nt dis[los~
long-tailed crC1\lUre: 11 plains piaf115,II1C~Jd.-.gtl1ree\JI'\COfMl()n5~S delayed repealedlv by legal. tcchmcal ,I!I<
pockctmome. S"ndas;JidlheIIWcsti!:1Ilionwillex;'
Ih;Jt W;JS 1\ surpnse. Althoull:h ments to the-federal agency should IJ(' pi
a Mil1nesor~ IIlIlh'c, rhe mottse IS whether st<lle regul<llOrs should COllli
quite uncommon here, preferring -( Plains i along lhe fees 10 r~tepilyers and wll!"
lhe more open i1nd and Gleat oplions 10 enslIre rhe safe disposal ofN.<;j
I Plains. This ,...as lhe fit~llime it pocket St;Heoffici;J!s say lhe ilWCStjgntion "
had 'wen found in Ramsey COlin. mouse Public SHV, ice Oepartlnenl <lffiri~Js wiil '
II'. lheMinn...sota Public {JtiHlles Comml'
"Tha(~ of no gre<1l biological fiunldeciSlon.
significance," said lanne1l, a Minnesota also is one of 28 stille~
marnrn~1 specialist with lhe Sci- Energy DCpartll1t'nt to acknowledge its I
I cnce Museum .of Minnesota. to comrncrcialnudellr waSles and to pr<
"Wh;Jl's intereSllng. tl1o\l1';h, i.~ I them.
ll1at the mouse is stillthrrc, de- I _ Tom Ml!l!r.wuJrI
~Ilite thc long-term degrad<llion !
ofilshabitat." . . . I Shakopee OKs grant for I
Tltat hilbil~l is the TWin Cities Blandmg s
I fVmy Ammunirion ,Planr. which turtle. Gorv Laurenl didn't seek reelecli(Jf
COV...lS almo.~t 4 .~quare mil...s of y ll1a)'or only for a few more weeks, BUl
,'rden Hills and Includes some of presenl of sorts- a SI9,!lG2.50 gr::lnt frn
lhe I~rgest Temallllng tr;tCls of hIs oflke building in dow!ltownShakopel
lInd...~-eioped l;Jnd in the metro- ~~"""l LaUrenl's partnerstlip is jllst IIII' 10tb ;
politan a, rea. Although porrionsof '*,'~, \ . under the program during its five years
lhe (ltset1ill have been heaVIly )l'1' -(JIll I gUldeJines." silld Barry Stork, Ihe ilS,'
rontammated hI' tOXIC waSles, it I no s "\1\111<11 are YOIl suppoSl!d to do?"
I rernnlnsremaTk~blYriChinnali.ve I "1. tick-trefoil l..'~" .,." i ,Lanrent o.wns Ihe office bUi,lding I
flo;Ha and fa(tna. and could be.;. .... ~. brOlher, R,lI1dy. and theHwlves. "WehOl'
c<;,meakeycomponenlofilnel_ 3l-' .....:.:1 said of his partners. "ITheys;;Jidl.'!ley, \\'
work of greenwoys, parks and . - . .~ ':1.. because you re lhe rn~yor7'''
. olherurbanopenspn.re.':;. '~') The gran 1 was approvcd Wednesda
'Thatnetwork,consen'ationis.ls . developmenl authority, which .mclud(
say, callld plar a key role It1 . '" . '...- CounCIl memhers. Laurent abslalned ff('
I ~llainlalt1ing biological diverSIty ~ . :TJ . ." a letter 10 the 10(~J Ile\"sp~per last <ver
llllhemetfl)Olfea,wher...develor-l ' MlNNEAPOL ..... lSlPAlIl work of tile [our CilY Councilme1l1!H
rnent has destroyed or badly flag- seekinl';anOlher!ermherel'jeCled.
Illented much of lhe habilat -----..-ro'l!" """"~~''''ue_'''''''''''''reI"",,,.l'!!re~~!mm'~.'c~F'''. -MikeK(I!Izl/fur
I needed by native Wildlif.e and 17'.:('''',\.-" ,...,cr,,",,- 19B8,WI,.~I~(;,.{:o."I.a1N''''''P.~''''''''__t>rN",~......",""
plants. Conservationists want to ~"""""'Qr~., 19B1,U""""t\'of~.P,",,,, Fired Minneapolis cop sti
preSf'rve as much of Ille arsf'nal's 51.. .lb\.<>ow~""r""'VP,l..a,_
u'ldeveloped lund as posslbleaf- Former Minneapolis police Sgt. ,'Ii
ter the federal government cleans though crealing an ex!ellsive mouse. yei!! ago by Her. Bruce Venlo, D. Clemons, IIred by Police Chief Roben C
up lhe loxic \V<1Stes and ends its gteeuway syslem presumably The DNR considers lhe tnrtlc Minn.. whos... Founh District in- sno In September over allegations thai sl
o~nership of the site. Then would re'llliresomeourright pur- and the tick.lrefoil 10 be "threat. dudes the ilrsenal. The commit. had sent rncist and threatening leller~'
I greenways would be cre~led 10 chases Clf land, al certain slles eoed" species in Minnesota. That lee's drafl rcccrnmcndations call several fellow officers lhree ye~rs ago, n
link lhat land 10 .other undcvel. ~gencjes might pay landowners means they Jre likely to become for a mix of ilclivities t,here. in. mains on the citl' payroll wilh a job ,\\'ii
opedlraCfS. 10 oht~m pro tee live easemenlS. endangered wilhinlhe foresee. dudil]g I.OOflacr€'sofp~rks,nth. IhePublicHouslflgi\l1lhorll)'
, To date. this 's just an idea. But such land would remain pd. able future throughout nil or a letic fields, nnd industrIal. COIll- Ciemons. who is lllJck. has mai'WIlt1l'
Bpt ils proponents say the time is vate prop"'rly. significant portion of their ranges merd~l <1net residenlinl deve!op- thai she knew no(hing abfHH the Jel1erS ~
ripe to begm prep'Jring such a illst ]10W many parks ~nd un. III thIS stale. Tile DNR proposes mCtllS she also receil/ed one _ and 1I1at the fidn
I Ile(work. developed tracts might be 50 listing the mouse as a "species of The committee's final recorn- wa.~ jnst another example of racism in
PI 'g I d d link('d is anyone's gues.~, bUI special concern." ThaI means it is mcnd~lions, which are expected prejudiced police rorce. Clemons was nl
,annrn 5 nee e there are many possibilities. For eXlremely uncommon in Minne. soon, will go 10 VentO and other charged with any crime ill (he case.
1;"With good p.ianning, we example. there is already a nalu. sota or has unique orhighlyspe- members of Minnesota's COll- Minneapolis Depuly Police Chief Grr
rduld ha...e a me~n!l1gful system ral greenway along Rice Creek, cmc h~bit<1t requirements. grC5sion1\[ delcgllllon. Hestness silld lhal as lonp; asClemons I~"
Infgreenw<lvsllhal would be not which l1ow~ dnough a corner of "Tile arsenal site i.~ now prob- In a recenlleller 10 Ihe COIll- doing police work there'.~ 110 problem wil
I Jusr for wildlife bul for recreation. Ihe "r5el1~1. rhe creek empties "blv a big enough 'island' (0 millee, lhe DNa's metro r('j\lon "She certain Iv has ~ right to he I'mplove(
too." said Joan Galli, a nongame inln (he Mississippi River, itself mainlain the mouse and 1111' tur- administr<llor, Kalh/een WalJ~ce, her new career. ...1I She5011lellOWWerf'
.....ildlife speci~lisl WIth lhe Minne. an importanl corndor ror wildlife. tic, plus other species,. snldlohn str!!ssed Ihill the ar.';CIl~1 rs ship with om offic!!rs. thOlI wnuld be lI11prn
sota Deparunent nf Natural Re- SomedJY il mighl be pflssihle to Monarty, a wildlifespecialisl wllh blessed wilh ol vilrrcly of natural Before she WolS relicved of duty on
sn~lrccs (DNHl. lIse grecnwa...s 10 link lhe ar5enJI Hennepin Parks. "But irthe arse. resources: wetlands, lakes, oak Clemons bad worked as J supervisor il\
:The greenwavs could ...ary to ~Ilrh hig wildlife sanctuaries as nal geiS broken \lP for tle\'elop. woods, pr:lirie Olnrllhose llnCOln- high.rises. llulIsing official5 wO\lid nOl
I ".om a grassy right-of.wav beside Elm Creek Park Reserve in lIen- men!, it mi.ghl he IOu smail lu mon plant ~l1d,~nilt1~ISl-leciCs, duties, but 1l1eyverified Ih~t she isemrloy
a tndroad track 10 str"'lch!!s nf nepm County. m<1lmalll popuJ~tjons of Bland. She said, "It Is importam lha( _ Mnrin Bnm
brllSI] and timbp.r ~Iong a creek. Vcr another greenway might in!l;'S IllTdes.' aslnrge ~ !ra(l(]fhabit~l as [lOSSI- . . .
1 hey would serve as conduits for link ,lhe Jrsellill to IiiI' RiceCreek . f ble h!! !1I;Jin/illllell !~l1d hel COIl- TerWilliger conSiders U.s.
wlldlif... movemem, as Ilesling Ch~1I1 of Lakes Regional rark, A mIxture 0 uses nccted to Rice Crr-d. This is Illl-
s'tes for bird..., ~nd could e......n and from there (0 Ihe sprawling A roalition, Including ronser- pOllanl t'l couHler<lcr the consc- Rep\lulican SlaH~ Sen. Ro~ TerwilligPI
I help .d1s,perse plan,l seeds. "Ill! Carlo~ Avery Slflle Wildlife Area, VilllQt1ISIS and the DNR. is \Irging quenr...s Ofl1.abi(ill frilgrnent~lion formed. a cnllll11'llec 10 explore gc((ing'
while greenway.~ could aid many both in Anok~ Couruy. Ultimate. an advisory commilll."e to recom- Ihar resull when urban develop_ .E~r1y oext year we shuuld bave !!verylh
wildlife '~I-lecies, C;Jre must be tak. !y. cOI1.~l'rv~lionlsls say, the arse. mend that a! le~sl all of lhe arse. menl S\lrroumls illltl disconnects Ille Edina hanker said.
en: PledalOrS iI!SO lik€' such coni. lIal could be;'l haven from which n~l's llndel'eloped land _ tough. patches ofw.llllife hilbital.. I'onner U.S. Sen. Rudy A{l~(hwilr. ~l"
dors. \\'hlch could bl'rome death, wiid crl'~lllres could rcpopul;Jte 11' 1,500 ~cres. or 60 percent of SII,II cOllse[juellces incluJe Commt~siol1"'r 111'11 McKasy ilre cOllsil[(
tr~ps for ~ol11e SC~f(e animaJs. orhet <u;table lracts lhe site _ be set aside. ThM land the loss of ,~perirs th~t require nel1uhlicnll race lrl chnllel1~e Democr:J(
AllhDugh slreel.~ nnd highwil)"s rh.11 might include lhree on. would be mnn~ged as a pnrk re- larger palches of h~bital. Small stone Formcr Eden Pr<liri€, "layor ])nll
I 1l0W cross lO;Jn)' of the potenlial common nntive species found <II serve for wildlife and [or 1uch p~tches, W"llilces~id, nre "more activist G;lry \.arlsDn dropped ollr laSl1\
grcenw~y roures. underpaS5e.s arsenal: Blanding's lllrtte,a pral- recreation;)l ilclivilies ilS bird easily invaded bY, alien. nonnalive Gnp nominalirm ;He CelltOl!:c Grove III
could be buil1,n ~OIt1... areas to rlC plalll c;Jlled the !IIinOtS tlck- w~lchmgill1d hiking. plllnlS IInd anll11als. oftcn 10 the Ilerman. Iron Hange bus,t1es~man Phd t
<lUow wildlife to p~ss safely. AI- trefoil ,Ind Ihe plains [lockel The commillee was .~el up ~ rlelrirnenrDfn;l(lve5pe(ies.' shop Dwner Mnnll Moreno nnd forll1er
. &ll0~nC;lllSt~~nng
I Town of Badger says goodbye to victim of fire P"~~;:~~1::;}r~;:~;~:;'~:,~,:':;,~;::':
Regents OK request for $:
A~Soclaled Press =---- -f',--- l1y lIine IHllller~ burnet! down. "rnong Iho~c ;lllendin~ lhe
\. ~ Officiills silid all oil fnrnace ser\ticewcreilllllUI20ofSjoh,crg's lIlPl)lli\'er.'\il\'nfr.lirrIlC~"I;lllr"'rdnfi
1\,'D(jFll. :-'1JNN - '''endy 10n B~llr...-"'L caused the lire. c1.1~smn!es fmm N"rlhwcs! Tech. nsk tll!' 1'1'11; 1"j1ldlll1)re inr $25 million Ii,
I pl'n\llc ]laded" c1nrrr.h dl..':iig.ned 7 "!5fJkil!ed\I'r~re RDgr'r I !,illlSflll , nirnl cnliet:\,C il,l I:a,! Grnnd r:nrk~., pay fl.H~, nen,rnlilljl,lg :llld r{'r>rg.1l1ilillg ii'
10 ,t';Jt "h'mt 2no 111"r'dilY il5 the 23. f)f [Jadger; Tlldd tlnwell, .17. of Minn., when' he "'''~ stwlying whldllncllldcs .111 the l,ealti, and IllCdl(!)1
sm..,11 1')\\"11 'If Ilad~p, s;lld fare. Ruseilll, illlll hi.s .IQn, Kerth. JI. caqwrl(ry. rhe '1,,,11'111.~ brollghl 'Y tlospllal.<vsfl'lfl
",('/110 l)IW Ilf Intlr people killed M I r:lIncr,1i~ for Ibe orher lhree vic. iI ~IHIl(C In:e In plant and ol TI1(' rt'gf'1l15 propn'ied Ill,,! lhe mOll!'\
in ,,-rirf' Oll adPerhlll1llngr~llfp. mncsota tim.1 wpreschC'riuled frlr !()d;w plnQl1e 10 !:llwrdl il l"l'Olr II would fllhnwi,p cnlllrlbute jn Ih.
Side' r()lllll~ ~1l,1 tll~ 1I"leon\' I Fi\'eOIIH'r~~r,rv;"l'd'!,n n",.,,( "I", ;n,.I,.,l~.1 '''~n'' r ..", ,,,., ,I~, .:",.,,, r..,._ .1.. ...,,_..
I JAMESP_LARl<.IN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. TERF'lENCEE.BlSHOP
ROBERT L. HOFFMAN LIMA. GR,o,....
r GE~.FRIEOELL GARYP<- RENN!f:K.E
JAAtESC, ERICKSON ATTORNEYS AT LAW CHRISTOPHER J. f'MRISnw.
I EaWARD J, DRISCOlL BRUCE J. DOUGlAS
GENEN.FUl.LER W1LLIAMC. GRIFFITl<. JR.
.JOl1NO.FIJUMER JOHN J. STEFFE.NHAGEN
FR.loNI(I.I-!ARVEY 1500 NORWEST FINANCIAL CENTER DANIEL W. VOSS
. CHA.RlESS.MOOEll JOHNR.ttILL
Cl-lRISToPHERJ. DIETZEN 7900 XERXES AVENUE SOUTH PETERJ.COYLE
~NR.BEATTIE PHILIP G. Al..OEN
I """" H. "'H'" BLOOMINGTON, MINNESOTA 5543141194 MICKAELJ.SMtTH
l1-IOMA.$P,STOLTMAN VlLISR.INDE -
"IICHAl!.LC.JACKMAN TELEPHONE (612) 835-3800 ANDREW F. PERRIN-
..IOHNE.DlEHL /lJIlNlol,MEVER
JONS. SWlERZI>WSKI FREOERlCl( K HAUSER III
THOMASJ.FLYNN FAX (612) 896.3333 LARRYO. MARTIN
JAMESP, QUINN JANE E.BRlOMER
I TOOO I. FREEMAN RENEEL.lo>.CKSON
GERALD L seCK ~RISTOPHER K LARUS
JOJoiN!l.LU,.,.OOUIST MARCY R. KREISMAN
GAYLE NOl.AN. MiI.'lIELE.PIILOlJI.
JOHN A. COTTER" STEPHEN.J. KAMINSKI
BEATRICE"'. ROTHWEILER THOMASF.Al..EJVoNOER
PAULS. PLUNKETT DANIEL T. KAQLEC
ALAN L KIlDOW SHAANA A. WAHLGREN
I KAn;LEEN.... PICOTTENEWIolAN
",",K:tiAELB. LS8ARON OF COUNSEL
GREGOFlI' E. KORSTAD JACKF.OAJ..Y
GARYA_VN-lCLEVE. D. KENNElH LINDGREN
DAN1ELL.llO'M...ES AL1..ANE.'-'lULLIGAN
TI",",on;y J. MCMANUS WENOELL R. N-lOERSON
TlMOTHYJ.KEANI'. JOSEPliGITIS
I AlM ,"" ANOERSON
DONNA L. ROBACK
MK:HAEL W, SO~LEY . ALSO >'!)MITTED IN WlSCONSIN
AATHURS. BI<'.EMAN ""ALSO AO"'ITTEO IN GEORGIA
RONNB.KREPS
I November 13, 1995
I Brian Fritsinger
City Administrator
City of Arden Hills
I 1450 West Highway 96
Arden Hills, Minnesota 55112-5794
I_ Re: 1996 Legislative Representation
Dear Brian:
I Thank you for allowing Larkin, Hoffman, Daly & Lindgren, Ltd, to submit this proposal for
I representation of the City of Arden Hills at the state capitol during the upcoming legislative session,
which begins on January 16, 1995. We have a very strong government relations team with a
demonstrated record of achievement in serving clients of the firm. 1 am enclosing biographies for the
I individual members of our team who could be called upon, if necessary, to assist the City.
We understand that the City wants to obtain a substantial commitment of state funds to assist with
I planning and preliminary engineering relating to the Twin Cities Army Arsenal Plant We already have
established a substantial foundation for making this request for state assistance, both in terms of the City's
planning efforts and specific contact with key legislative leaders and a key representative of the
I governor's office, Thus far, the feedback has been positive and supportive.
In addition to pursuing the desired level of state funding, we will want to continue to introduce you and
I other representatives of the City to the leadership of the Minnesota legislature and state agencies, such as
Trade and Economic Development, Natural Resources, Pollution Control Agency, ete.
I We estimate our fees for representing the City at the capitol during the upcoming legislative session will
be $35,000-$40,000. This engagement will cover the following services: drafting legislative language, as
_ needed; contacting key legislators to solicit their commitment to the desired funding; representation of the
I City (along with representatives of the City) at any hearings or briefings, as required; monitoring of
legislative hearings and sessions to ensure the City's request remains intact; and preparing a periodic
I
LARKIN, HOFFMAN, DALY & LINDGREN, LTD. I
, ~
Brian Fritsinger .1
November 13, 1995
Page 2 .
.
report summarizing our activities. The actual fee could be higher (or lower) depending on the complexity
of the issues to be addressed, the extent of opposition to be overcome, if any, the skill and experience of I
the lawyers involved and actual time expended in behalf of the City. In addition to our fees, the City will
be responsible for out-of-pocket disbursements, such as mileage, parking, telephone, copying and other .
charges,
Based on the estimate above, we are willing to proceed over the next five (5) months on a fixed fee basis .
of $3 ,200 per month. During this time, we will provide the City with detailed time entries to assist with
your budgeting requirements, At the end of the session, we will adjust the outstanding fee balance based
on fixed fees paid in comparison to actual fees earned. I
Please call if you have any questions.
S~ .
I
Peter J. Coyle, for
LARKIN, HOFFMAN, DALY & LINDGREN, LId, -.
cc: Mayor Dennis Probst
James C, Erickson, Esq.
Gerald 1. Seck, Esq, I
Enclosures
0162214,01 I
I
.
.
I
I
-.
I
l1li';
.,::~.
~ ._- ~
I" .t;;_.....,
I
I ~
I Jane E. Bremer
I ADMlNISTR.~ TIVE U. w Ms. Bremer practices III the areas of conunurlications law and
govenunent relations. She heads the Communications Law Department of
ALTERNATIVE DISPUTE RESOLUTION
I BANKING Larkin, Hoffman, Daly & Lindgren, Ltd., and has over 15 years of experience
BENEFITS in the telecommurlications industry. Prior to joining LHD&L, Ms. Bremer
8US(NESS PLANNING
I CORPORATE AND BCSL.'iESS L.-\W was the Director of Telecommunications for the City of Minneapolis where
COPYRIGHT she was responsible for advising the City on telecommurlication policies
I CREDITOR, DEBTOR AND BANKRUPTCY affecting internal operations and the external infrastructure. She oversaw the
EMINENT DOMAIN
EMPLOYMENT AND LABOR LAW construction and initial operation of the Minneapolis cable television system
I E.NVIRONMENTALLAW and served on both the Minneapolis Telecommunications Task Force and the
EST ATE PLANNING Minneapolis Technology Corridor Task Force. Ms, Bremer began her career
I :!::::~ D<STRlBUTORSHlPS as Director of Community and Government Relations for Storer Broadcasting
GAMING LAW Company in the Central United States, holding primary responsibility for the
I GOVERNNlENTAL RELATIONS company's cable television franchising, and government and public relations
HEALTH CARE
. lNSURANCEAND CASU"LTY L>,W efforts from Texas to Minnesota. She currently serves as counsel to a number
INTELLECTUAL PROPERTY of cable television and telecommunications companies as well as co-counsel
INTERN"ATIONALLAW to the Minnesota Cable Communications Association.
I UND USE
UTIGATlOM Ms, Bremer is a frequent speaker in the cable television arena as well
PATEl\i[ as other media and telecommunications business forums. She has been a
I PERSONAL INJURY guest speaker for the National League of Cities and the League of Minnesota
PRODUCT LIABILITY
I PROPERTY TAX APPEAL Cities as well as cable industry conferences.
PROFESSr01'<AL CORPORATIONS Ms. Bremer received her bachelor's degree, magna cum laude, from
PUBLIC POlley
I PUBLIC AND MUNlCIPAL LAW Florida State UniversilY, She received her Juris Doctor, with honors, from
Hamline University School of Law,
REAL ESTATE
I SECURITIES
TAX, TRUSTS AND ESTATES
.MMU;..IICATIONS
I TR.-\DEMARK
WORKERS' CO~lPENSATTO,""
I 1500 NOrvJest Financial Center' 7900 Xerxes Avenue South. Bloomingwn, \linnesota 55-1.3 I . 612JS3S~3800
;
Peter J. Coyle I
ADMINISTRATIVE LAW Mr. Coyle is a member of Larkin, Hoffman, Daly & Lindgren's I
ALTER.,"iA TIVE DISPUTE RESDUJTION Government Relations and Land Use practice groups. His government
BANKING I
BENEATS relations practice encompasses the U.S. Congress and Minnesota Legislature,
BUSINESS PLANNING as well as state and federal administrative agencies. Mr. Coyle specializes in
CORPORATE .AND BUSINESS LAW representation of private developers and landowners before state agencies, the .
COPYRlGHT
CREDITOR. DEBTOR AND BANKRUPTCY Metropolitan Council, county boards and city councils. He also supports the I
EMINEl'fT DOMAW fIrm's Public and Municipal Law practice group in its representation of
EMPLOYMENT AND LABOR L\ W municipal clients.
EN"VIROI'fMEi'IT AL LA W I
Mr, Coyle has served as Staff Director and Chief Counsel to United
ESTATE PLANNING
FAMILY LA.W States Senator Rudy Boschwitz and the U.S. Senate Committee on Small . I
fR.A.l'.fCHISE AND DISTRlBUTORSHIPS Business in Washington. D.C., with responsibilities for trade, taxation, labor,
G~'YtING LA W
GOVEM1YtE.iVfAL RELATIONS insurance and banking issues, I
HEAl. TH CARE Mr. Coyle received his bachelor's degree, magna cum laude, from St.
INSURANCE .AJID CASUALTY L\ W Cloud State University in 1979, majoring in public administration and his I
INTELLECTUAL PROPERTY
rl'!"'TER..'1ATIONAL LAW juris doctor. cum laude, from Hamline University Law School in 1984. wrJle
LAND USE at Hamline, Mr. Coyle received an award for Best Advocate at the Jessup I
UTIGA TION Regional Moot Court Competition and was the editor-in-chief of the Hamline
PATENT I
PERSONAL INJURY Law Review,
PRODUCT lIABILlTY
PROPERTY TAX APPEAL I
PROFESSIONAL CORPORAT1ONS
PUBLIC POlley
PUBLIC ,.\.ND MUNICIPAL LAW I
REAL EST..\. TE
SECURlTIES I
TAX. TRUSTS AND ESTATES
TELECOI>!~1UNICA TIONS .
TRADE~[ARK I
WORKERS. COM?E:NSA TION
i500 Nor...ves[ Financial Center' 7900 Xaxes Avenue South. Bloomington. :vtinnesotJ. 55431 . 6[2/835-3800 I
I
I ."
I Edward J. Driscoll
I ADMINISTRATIVE u.,w Mr. Driscoll is the former president of Larkin, Hoffman, Daly &
AL TERNA TIVE DISPUTE RESOLlJTIQN Lindgren, Ltd, He joined the firm in June of 1975, after serving as Minnesota
I BANKING Commissioner of Securities and Chairman of the state's Commerce
BENEFITS
BUSTNESS PLANNING Commision for four years.
I CORPORATE ."".ND BUSINESS L""W As Commissioner of Securities, Mr, Driscoll had responsibility for the
COPYRIGHT administration of laws which regulated the securities industry, sale of real
. CREDITOR, DEBTOR AND BA..:"'fKRt.JP'TCY
estate, subdivided land, franchises, charities and corporate takeover. Under
EMINENT DO~IAIN
EMPLOYMENT AND U.BOR LAW this direction, the laws and regulations governing the offer and sale of
I ENVIRONMEi'ITAL LAW franchises were adopted in Minnesota.
ESTATE PLANNING
leLYLAW At Larkin, Hoffman, Mr. Driscoll's practice has been focused in the
FRANCHISE AND DISTRIBUTORSHIPS areas of corporate, franchise, securities and insurance law. with particular
GAi\1LNG LAW emphasis on regulatory matters. He has been retained as general and franchise
I GOVER.N1><tE:'ITAL RELATIONS
counsel by a number of Minnesota-based franchisors and as special franchise
HEALTH CARE
I [NSURANCE AND CASUAL TY L~ W counsel to assist out-of-state franchisors with specific transactions m
[NITLLECTUAL PROPERTY Minnesota.
iNTERNATIONAL LAW
I u..NDUSE Mr. Driscoll is a graduate of St. Mary's College, Winona, Minnesota,
LITIGATION where he was awarded a Bachelor of Arts degree. Subsequently he attended
I PATENT DePaul University College of Law, Chicago, where he earned a juris doctor
PERSONAL INJURY
degree, He is also registered to practice law in both Minnesota and the
PRODUCT LlABILlTY
I PROPERTY TA.X APPEAL District of Columbia. He is a member of the American, Minnesota State and
PROFESSIONAL CORPORA. TIO,,",'5 the HennepinjRamsey County Bar Associations, He is a member. of the
I PUBLIC POUCY sections on corporation, banking and business law and anti-trust law of the
PUBUC AND MUNICIPAL LAW
REAL ESTATE American Bar Association,
I SECURITIES
TAX TRUSTS AND ESTATES
.COMMU0IICATION5 0119587.01
I TRADEMARK
WORKERS' COMPENS.\Tlm..;
I 1500 Nor.r"..est Financial Center. 7900 X~rxes Avenue South. Bloomington, Minnesota 55431 . 612/835-3800
.-
James C. Erickson I
ADMINISTRA.TIVE LAW Mr, Erickson is the President of Larkin, Hoffman, Daly & Lindgren, I
ALTERNATIVE DISPUTE RESOLUTION Ltd., a prominent Twin Cities law firm. He joined the firm in 1972 after I
BANKING serving as a Special Assistant under Attorney General Warren Spannaus and
BENEms
BUSINESS PLANNING on the campaign staff of Governor Wendell Anderson. Mr. Erickson has I
CORPORATE AND BUSINESS L-\W practiced primarily in the Governmental Relations Group of Larkin Hoffman
COPYRlGHT serving clients at the federal, state and local levels in government problem
I
CREDITOR, DEBTOR AND BAJ'\;1(RUPTCY
solving. He developed and led the firm's legislative and lobbying department,
EMINENT DOMAIN
E.\1PLQYMENT AND LABOR U. W which now includes six full-time practitioners, In 1990, Mr, Erickson was I
E.J.'NlRONMENTAL LAW elected President of Larkin Hoffman, a 70-lawyer firm headquartered in
ESTATE PLANNING in lobbying, _ I
FA..l\1JL Y LAW Bloomington, Minnesota. Mr. Erickson specializes
FRANCHISE AND DISTRlBUTORSHIPS Telecommunication Law and Gaming Law. His clients have included
GA.J.\1ING LA W Citicorp, the Mall of America. Browning-Ferris Industries, Storer I
GOVERNi'vlENIAL REU\TIONS
HE.A.L TH CARE Broadcasting, the Minnesota Cable Communications Association, the
INSURANCE AND CASUALTY LA. W Minnesota North Stars, the Super Bowl Task Force and the Regional Transit I
INTELLECTUAL PROPERTY Authority. He is a recipient of the Distinguished Service A ward from the
[l\TERJ'fATIONAL L-\W I
LAND USE Minnesota Cable Communications Association and the Outstanding Staff
LlTIGAT10N Member Award for the Minnesota Multi-Housing Association.
PATENT Mr. Erickson is a member of the Board of Directors of Southview I
PERSONAL iNJURY
PRODUCT LlA81LlTY bank, the Minnesota Cooperation Office and the law firm. In the past, he has
PROPERTY TAX APPEAL been President of the Bridge for Runaway Youth, a Voyager Outward Bound I
PROFESS10NAL CORPORA.nONS School Board Y1ember, an Alternate Governor of the National Hockey
PUBLIC ?OLlCY I
PUBLIC AND ~Ur-;iCIPAL LA W League, Treasurer of the Lutheran Church of the Good Shepherd and a Board
REAL EST A TE Member of the State Capital Law Firm Group. He is a member of the
SECURITIES Minnesota Business Partnership. I
TAX. TRUSTS AND ESTATES -I
TELfCOMMUNICA TIONS
TR;\DE:>IARK
WORKERS' COMPE\'SATIO.";
1500 NOf\Vest Financial Center. 7900 Xaxc:s :\venu~ Somh . Bloomington. \[inncSOIJ 5.5431 . 612/835-3800 I
I ~
I
Gerald L. "Jerry" Seck
I
Mr, Seck is a shareholder and current Chairman of the Governmental
ADMINISTRAT[VE LAW
I ALTERNATIVE DlSPUTE RESOLUTION Relations Practice Group at Larkin, Hoffinan, Daly & Lindgren, Ltd.
BANKlNG Mr. Seck completed his undergraduate degree at the University of Minnesota.
BENEFITS
I BUSlNESS PLANNING He also attended law school at the University of Minnesota, where he obtained
CORPORATE.WD BUSL"fESS LAW his Juris doctor in 1969. Mr. Seck's experience includes a clerkship for
I COPYRIGHT Justice James C. Otis on the Minnesota Supreme Court, legal director of the
CREDITOR, DEBTOR A;'fD BAi'iKRUPTCY
E.~NT DOMAIN Minnesota Public Interest Research Group, Executive Director of the Leech
I EMPLOYMENT AND LABOR LAW Lake Indian Reservation Legal Services Project, and the Director of the Truk
E"fV1RONlv(ENT AL LAW
I eTEPU,NNING Office of Micronesian Legal Services. He also served as a public defender in
the Ninth Judicial District (Bemidji area). He has been recognized by the U,S.
FA..MILYLAW
FRA.i'lCHISE A..l'ID DISTRIBUTORSHIPS Environmental Protection Agency (EPA) for his environmental work
I GAMING LAW
(Environmental Quality Award. 1975) and IS currently the President of
GOVER.NlvlENTAL RELATIONS
I HEALTH CARE Vinland National Center, a non-profit rehabilitation center for the memally
[NSURANCE.'\l'.'D CASUALTY LAW and physically handicapped. Mr. Seck has been an active lobbyist at the
~LLECTUALPROPERTY
I rNLERNATIONAL LAW Minnesota Legislature since 1971 and has lobbied for a variety of clients and
LAND USE issues for governmental units and private concerns.
UTIOA lION
I ?ATE~1
PERSONAL INJlJR Y
I PRODUCT LlABIUTY
PROPERTY TAX A?PEAL
PROFESSIONAL CORPORA 110:-':5
I PUBLIC ?OLlCY
PUBLIC AND MUNICIPAL LAW
I REAL ESTATE
SECURITIES
.TRUSTS AND EST A TES
I TELECOM:v1UNlc.:..nONS
TRADEMil,RK
I WORKERS. COi\lPE:-';SATro,~
1.'500 \"Ol'Ncsr Financial Center . 7900 Xerxes A venue South . Bloomingron. \tJinnesotJ 5.5431 . 612/835-3800
I
I City of Arden Hills
. Investment Portfolio Analysis
October 31, 1995
I .
.......".. .' .... " ..t:~""~<' .........'.tN@nt~t::f{t~%5 ~~%l~f ...... \t~:::i:r WHM1:ooJjt . '~hf:f ;~:iK:: W1.J.#;lfH 'Wit~%~{ trM~]m' :'~-9.s.H%
I Money Market ACCOUDb (MMA)
4M (Mn Municipal MM Fund) 51,208,788 ' SI,924,511 51,235,517 51,067,259
Norwest Funds (U.S. Govt. Fund) 53,923 54,360 6,181 6,208
Paine Webber (Cash Fund) 14,199 14,315 904 0
I Piper JatTray (Money Mkt Fund) 641 647 0 0
Smith Barney Sbeanon (Daily Div Fund) 12197 20,222 , 36,350 43 126
Total Money Market 1,289,7481 2,014,055 1,278,952 1,116,593
% Of Total 15% 22.2% 30.8% 19.6% 17.5%
I Fiyed Rate Iud-ruments rFRI) 400,000 I 1,300,oo~1
Hart J Raymond James (Govt Bonds) 400,000 I 400,000
4M I Dain Bosworth (CDts,Govt Bonds) I 800,000 900,000 1,000,000
I Nonvest Invest Services (Govt Bonds) 300,000 300,000 500,000 1,200,000
Paine Webber (Govt Bonds) 489,124 489,124 300,000: 0
Piper Jaffray (Govt Bonds) 0 0 300,000 0
Smith Barney Shearson (CD's,Govt Bonds) 810,000 810,000 . 1,105,000 1,105,000
Total FRl 2,799,124 2,899,124 3,605,000 3,605,000
I % Of Total 65% 48.30/0 44.3O/u 55.2%, 56.6%
Mutual Funds i
Piper J affray (Instit Govt Income) 524,326 510,611 0 0
I Less: Valuation Reserve * N/A 169,916 0 0
Total Mutual Funds 524,326 440,695 01 0
% or Total 0% 9.0% 6:7% 0.0% 0.0%
. I
I 7,ero Coupon Tn~trumeDtl (ZEROS)
4M1Dain Bosworth (Agency Strips) 0 190,000 688,903
Piper Jaffray (freasury Strips) 299,103 299,103 498,903 ' 0
Smith Barney Shearson (FDG,TV A,CAT) S86,513 , 886,513 886,513 886,5131
I Norwest Inv Senices (CD) 0: 0 71,152 71,152
Total Zeros 1,185,616 1,185,616 1,646,568 1,646,568
% Of Total 20% 20.4% 18.1% 25.2%' 25.9"/0
Total Investments 100% $5 798.814 $6 539 490 S6 530 520 $6368 illl
I
Recan of 199.5: Activitv: Reconciliation of 1995 YTD Chanl!e:
10/31/95 Cash & Investments Balance $6,368,161 MMA1s ($897,462)
I 01101/95 Cash & Investments Balance ~ FRI's 705,876
Mut Funds (440,695)
ZERO's 460.952
I Portfolio Increase ( Decrease) ($171 ,329) ($171,329)
** Net Investment Income $225,234
I Net Checking (396 565)
r5171,329)
I * As a result of tbe yearend 12/31/94 external audit examination,a "mark to market" adjustment
was booked and was adjusted accordingly to reflect tbe future market value of this investment.
** Excludes impact of reversing 12/31194 accrued interest ($29,143) and 1995 interest
I income accretion from zero coupon instruments.
.
I
95PORTFO
rev 111395 dls
I
" I .~~ lOIO'~ 1~!!;~~~~~~1 ~i,N ml~ ~IN11~ 10 N ~1~ij'3!;1M1~ N:1J~ '~j .
"',==" ~. '0... 0 '.~~ ~~,~, ~,M ~t-- '<><"" ....1~1........ <r>........ OC 0 I("J <;I....
,..-'.~ "'" -on;...." '<) '<) ~ Qll 'Cl'I~ '<) t<), .". OIl(> oN ...,. .... .............. '<l ....... .....1'<'
...:l Q; 0 ;0. 0"11..... .=-~!_,_.... ...........~ o~..-\ .....1.,;,_ "'" <"1-"; Co. ..;.., r'I .... _--;Nl'l:ll
-( -< 0 <= 0::: "'" ,,'20: or=- c- c-.... 100' .....1"'......... '"" ..... \l;>j....11IO Q 0.... Q. 0
;... u C; c: ;:;I~'~ :;:; ;;:; ;;:;- ~ c: 'tiit;' t; .... ... .... .... .... M"" N ~ ;.
~~".,I '" I' I ' ,,~ ~ .
~.. ". 1_
~- I iil
I'~.. "Ii'li :; ~ ~~I~' ~ ~ ~ ;;~lj~I~I~ ~ :~I~ :!I!~ol~ ~ ~ O~oll ~1~1;~ ~ ~ ~ ~ ~1'~~!~1'~1' ~ ~1~ ~ 5Ii~l~ ~1'~ ~ :1~1:: ~~! ~.
. "''''''''....''' 1("J1("J"'....gibII("JOOOO...._"'_OI("JOOIlONOCONN1NOC ""'OCI("JOI("J....NN~.....'""'<)O"'..... _
'Q'O 0 .... r'l N.... .... M N ...,1..... .... '" ..., .., VI .... I("J.... .... .... N <Ill -= 'Q W .... N,..., _ '<) '<) "'" 2iI '" .... Qll ""'""" t-- a. 0 "" "" .... ......... oc ~
"'~~~ ~"" ~~.....~.....~~~~I""~~~..;~I("J...,.~~~~~I("J~........'<) ~O~l("Jd.".~O."".....11("J~"'" ",. ~
,., "' ~ I ~ M M MI I I M ~ ~ _ ~ ~ _ _ ~ M ~ ~ ~I ~
b,->:i!.Ot i !o"l r C; .., r 1:'1 c:: ~
--<~, I I I' z
~.~ I. ' . I j .
zu I QO
< ~
, ,,;
;;.. ~I:$: ~ ~ ~ ~ ~.:::,: ~;;.. ~ ~ ~ ~I~ ~ ~ ~ ~ ~ ~ ~ ~I~'~;f, ~ ~;::::;:::: ~ ~ ~ ~ ~ ~:::;: ~~I!;:::: ;::::[;:::: ~ ~:::;: ~ ~
p,~ ~ ~.~ ~ ~ ~i~~'~ ~ ~ ~,~ ~,~ k!!: ~ g'g; ~ ~ ~ ~: ~ ~ ~ ~ ~ ~~. ,~,~ g ~;; ~ ~ ~,~ ~ ~ ~ ~'~ ~
~I";";";''';i'';. "''''''''',~'''~'''''''''~''',,;',,;~,,;,,;''''''''''''''''''',,;''',''. ,,;""',,;",,;":,,;I,,;,,;~I~,,;'" ~ .
I I I' f::
M ""'[00 N..... 0',0100'00 <::I <::I 00 00 0 00 0 0000 00 0 0 0 <:> <:> 0 0 0 0 <00<0 on on <;> \OJ''' 0..... 0 '= <:> "'~~ Ol~ M ~
_~_OO~ 0,000000,00100000000.0000.0000000 oOO~""'OOOOOOOe"'N~.o~ 00 ~
~'E~.~1'.~~ ~~IIIIII~.I~'~1'II,IIIIIIIIIIIIIII,I,",.:~." 1!~iE~~11E~~!S1~S !~i ~.
~N""'~M~1 cgooooooo.oOOOO(lo.oeOOOO(loov>OOO(l ~N""'~~""'N~v.....O(l~~\O 00 ~
8:;:::: ....;:: :::"'~~i~:=:\O~:::;;;:=:~!~~Q\I:::;;:=::=::::O\'~~~;;;~~ ~;::::oo,::::OOV>~""'~~I""'~~ ~ 5
-~ ...... . , M' """ "'''''..
~ """ I I i loo'J , ","" !O'l ...
u, : F i ~ c.' , ;;::
I I 'I i " , I' s: .
I I I I 0
i , ~
II 'I~ I ~
.1'.li{II' I,' I', 'I.! I
-~;. I I;f,;f,
2"2:.: I II!~;:::
"" 1M '.. .
..J -~:H ::;:: '<0\0
....:i 0 .....0:< ;f, ~. I ~
..... ~ Ell; , on 'f'l I 0
1~~~" ~I i 'I~ III ~
~~~ I, ,I I I I,' I I -.
0:>: '~ ~ 'J ~ IJ I
~, ~
?,<Q'l :: 00
c:~ ; g ~:::::: ~_ z:: no ,
u ~ ~ Z d :'J d;; ~ ~; g ~ ~ '. ~'I~ ~ ~ ,..
~ C :l ~ !:: <(I - :::;: U U u '5 .. U U U Z _ :::E.... .... ;:t:: --./ z: ~
~-=:l-<S1:i,,:,:::;::M:l'>~":':=USJ=tJtJ~:gg= :l:l~ ~;;;:t::;::'::-<~-~ ~~"'.Q;;'::2 ~ ;>-<.
""'" OJ 0 '" Eo- ;: ~ \<) eo ~ '" :: <'l _ A::::l :I'''' u .Q >< C 0 Ul O(l on 00 0:11... 0 ~ "" u 0 C"j ~
~ ~ gl::: 0'" ~ ~ :!l'=:51 ;i'':: ~ ] ; ~ ~ 0 .QiOI~ ~ g Z :g s:: ~ a ~:::: :: ~:u ~ ~ U ~ '; ~ ~:3 ~ ~ z
U} <:: -= tl ;; ",;Q E,o -= ~ ;; ~ ~ ~ \0 ~ ~ ~ ;; :;. = ' ~ r.:: I'o;l ~ ~ ~ N ~ ..... '" .. !O'l ~ '" ~~.... pO
.. e:!J :: "il -= C"O'IU ~ .., .. c ~ 'tl ... V> '" \0 ..... ~ .-; ..... ~ M ~ f-l, I_e'~"'''' """ 'i!:!. QJ ~ .. O(l -= "'~..... ~ 1'"":::E
= , ~ ~ ,e < ';'"1' ~ , '.S ; 0 : "I''111!~ ~ -,,,~,.t:; ",;l, '. '" ~- ~- ~- "'I"'''' ~- ~"'-~~, "' 0
,-:: 0 ~ 0: :: {Fj '" -= .. ;;;; -;:: := ~ -= ::I ~;~i~ ~ """ 5 U ;;:'~I>;,> _,' - ~ ~ ..!: A '; c. in ~ = "'" :: .:: Ul 01 ::: '-..
;-:5 U ';tl >:;I P ~ = "~ (I) rJl "z 11 ~ _:::t = -= ai:S!.:g U} Eo- >'J ;Il 9 ~ ~ I',l '1,'"' Z'~ ::::< ;.> u:l.;n ~;'? 0 Eo- ~ ~ .
it f-<~~I_'''''';;-f-< ..--:: ~ ~~....;""'"""'" ....J~~I;-<('""'.... '!'.fJ-<Eo-U}:;Cll,"",~-<~ "':-<Q:;. Oz
.. t:; U} '" ;;I.!;; C>-< 1l U} ~ .~Jl __ ,", Q z: ~:::::::::::::: ;.:,.... (Jl Ul Ul:::. U) >:>:1;> {,f.I ~ _:: ?li;:;: .. ;>,-<] {Fj l'oll .::il i:!
::;.::r: E-<p .::r:,;:.. >"<1"'-< QiEo-'U r.tl::; N, i-<::;
. ~!; <~
-.-I N ~ '" 0 \<) M.t'- 00 ~ ...... ...../ i:! :i
~":U'o1!1S t::s N N NIN1s N N N;3' A;
I : ' I >:.:l~
, ' t::O I
.. .. .. ~ ..;: .. ~ > >: >1.. >; ~ ~
>>>~>\O>t'-",,,,I"'>N 0
""''''~ ......1~10(l... -r _'N",-". z:~
:...., ,~I .....If'liOll.,; ..,.;, z:0
j"'I\O\<) \<) \<) ~I""';~ ~I~.~ olo-<~
~'Q\.;~ 0\ !?> ~ ~I~ ~ ~ ~ ~ Q ...l.....
~ '" ~ '" ~ ~'~I~ ~ ~ '" ~ ~ ..;,.., .
S ~ :;; ~ ~ ~ ~ i3 ~ ~ ;;;!~ S <(
[0000,_ 010 00,010 _ ~ ~
, ' II 5~
~ _.N N ~ .". NI.....!M ~1~1"'10(l
~!~,~ ~ ~ ~ ~:~I'~ ~'I'~.~ ~ I
o _ <;> .0 ... 0 NIN <;> M 0 ..... N
;:::a:;a;:::~f';;:;;::a:;:;::;;::o;:;,::o
o 0 <:> 0 -= 0 <;> 0 0 -iO:O '=
I
I " I I I , i .
1 ~' ~ ~ I I ,!,I ~
J:>:l: .. >1 ... - ..:: ,..ci -=, I ....::
~ :] ~1<1 ~ ~ l:l 1:: .. ~i: ~ '" .. '!: t'.. .. Ul t::,~ . .
;2,'tl'tl;:x. ;1'0..... a::: a:::
"'II:: <:: -.-, '-< '"'
~I;:l ::I l:J ":'r- U:i-
~,".. ,- , '"-
~1::;Ei;.~isi >'";
,,~ ~ Z ~I~ " '.
I
. . ~
CITY OF ARDEN HILLS
- MEMORANDUM
I
DATE: November 16, 1995
I TO: Mayor and City Council ~
I FROM: Kevin Ringwald, Community Development Director
. SUBJECT: Sexually Oriented Business Regulations
The City Council and the City Administrator have placed several objectives on the work program
I for the Community Development Department for 1995, one of these objectives was an ordinance
regulating sexually oriented businesses within the City.
I Currently, the City Code in Chapter 13.5 regulates Massage, Rap and Sauna Parlors within the
City. However, the City Code does not regulate sexually oriented businesses (ie" adult
I bookstores, etc.,) except that they are required to obtain a business license under the City Code in
Chapter 13-24, Subpart gg (retail sales).
Ie The regulating of sexually oriented businesses has already received a significant level of judicial
review, Thereby, providing the City with a legally defensible framework for instituting these
regulations, As with most land use regulations, the complete ban of a particular type of land use
I has not met constitutional muster and has been struck down by the courts. The Attorney General
of the State of Minnesota prepared a document in 1989 on the regulation of sexually oriented
businesses (Exhibit A), The Staff is also including for your information a copy from the 1995
I Update for City Attorneys on municipal regulation of adult entertainment businesses (Exhibit B),
an article from the Municipality (Wisconsin League of Cities) on the same topic (Exhibit C), and
an article from the Zoning News (Exhibit D). The Staff will have at the worksession for
I inclusion into your deliberations the 308 page analysis of the regulation of adult entertainment
uses which was prepared by the Rochester/Olmsted Consolidated Planning Department and the
Office of the Rochester City Attorney.
I The Staff has inquired with other Cities as to their regulations of sexually oriented businesses.
I The Staff has received ordinances from twelve communities, Those communities are: Blaine,
Bloomington, Brooklyn Park, Coates, Coon Rapids, Little Canada, Maple Grove, Milll1etonka,
Ramsey, Rochester, White Bear Lake, and Woodbury. The Staff will have these ordinances at
I the worksession for inclusion into your deliberations on the regulation of sexually oriented
businesses.
.
.-
.
.-
I
r ~ .
The Staff in reviewing these articles, legal opinions, and ordinances has attempted to find
common threads which weave through all of them, Those common threads are: .
1. Adverse secondary effects. .
The courts are generally requiring a legal connection, a nexus, between the use of police
powers and a specific threat to the public's health, safety, and welfare, In this case, the I
use of the City's police power would be the regulating of land use or licensing (sexually
oriented businesses). The adverse secondary effects which would be a threat to the
public's health, safety, and welfare, ifnot regulated or licensed, would relate to increased .
crime, decrease in property values, risk to public health due to unsafe actions of certain
individuals, prevent blight, and disproportionate amount of public dollars expended due .
to the secondary effects of these uses, The courts have determined that cities
contemplating regulating sexually oriented businesses may adopt the findings of other
cities as it relates to adverse secondary effects, and are not required to show that adverse I
secondary effects would or have occurred in the city,
2. Distance requirements from sensitive users. .
The regulations of cities typically have a spacing requirement between a sexually oriented
business and sensitive users. Sensitive users can be, but are not limited to, schools,
churches, day cares, parks, and single family neighborhoods, The spacing requirement is .
typically 1,000 feet, this distance has withstood judicial review, The obvious public
purpose argument in requiring this distance is in preventing the previously mentioned -.
adverse secondary effects of these uses and the probable negative impact on these
sensitive users. These distnace requirementrs cannot be so restrictive so as to prohibit
these uses from occurring within the City.
3. Distance requirement from other sexually oriented businesses. .
The regulations of cities typically have a spacing requirement from one sexually oriented .
business to another sexually oriented business. The spacing requirement is again
typically 1,000 feet between these similar users, The main purpose in regulating this
aspect of these users is to minimize the blighting influence these users will most likely .
have on a City, These distance requiremetns cannot be so restrivtive so as to prohibt
these uses from occurring within the City.
A notable exception to this distance requirement is larger cities, such as Minneapolis, I
which tries to compress these users into a small geographic area of the city, a red light
district. The creation of a red light district is an attempt to provide an area for these I
businesses to occur, which they have a legal right to do, in an area which will minimize
the impacts on the greater community to the largest extent possible.
I
.
-.
I
I
I. ,
4. Conduct of patrons within the sexually oriented business.
The regulation of cities typically regulate the conduct of patrons within the sexually
I oriented business. The basis for this regulation is related to prevention of eriminal
activity, primarily prostitution, or related to public health concerns, the transmission of
sexually transmitted diseases.
I 5. Exterior requirements of sexually oriented businesses.
I These regulations typically deal with signage and the exterior appearance of the building.
These regulations minimize the exposure of these activities to the community and
specifically minors, These requirements also deal with the layout of the store itself so as
I to minimize the commission of crimes or to reduce the possibility of sexually transmitted
diseases, Lastly, these requirements also deal with enforcing the State law requiring
sealed wrappers and opaque covers of sexually oriented materials.
I 6. License and investigative fees.
The license and investigative fees cities charge are highly variable. This variation was
I also shown in our analysis of the regulation and licensing of pawn shops. The City would
need to set fees which are responsive to its anticipated costs of conducting the licensing
procedures and investigations,
.
.e
I
I
I
.
I
I
.
..
.
~ ~err A II$<:)
~.'
~. -
~
~
, REPORT OF THE ATTORNEY GENERAL'S
, WORKING GROUP ON THE REGULATION
I OF SEXUALLY ORIENTED BUSINESSES
I
I June 6, 19a9
I-
I
I
.
I
I
I HUBERT H. HUMPHREY, III
Attorney General
. State of Minnesota
I-
I
-
-- ,-~-- - -'--
2/50 -
.-
- -
MEMBERS OF THE I
ATTORNEY GENERA1.'S WORKING GROUP
ON THE REGULATION OF SEXUA1.1.Y ORIENTED BUSINESSES
I
Ann Burkhart John Laux .
Associate Professor Minneapolis Chief of Police
University of Minnesota Minneapolis, Minnesota
Law School I
Minneapolis, Minnesota Sharon Sayfes-Belton
Councilwoman
Honorable Kathleen A. Blatz Minneapolis, Minnesota -
Minnesota House of Representatives
IR/Bloomington, Minnesota Honorable Kathleen Vellenga
Minnesota House of Representatives -
Honorable Terry AI. Dempsey DFL/St. Paul, Minnesota
Minnesota House of Representatives -.
IRINew Ulm, Minnesota William Wilson
Councilman
Thomas L Fabel St. Paul, Minnesota
Lindquist & Vennum -
Minneapolis, Minnesota
-
I
-
I
.
-
-I
I
.. 3/so
'we'
~ TABLE OF CONTENTS -
.. INTRODUCTION ..................................................................................................... 1
.. SUMMARY .............................................................................................................. 3
IMPACTS OF SEXUALLY ORIENTED BUSINESSES ......................................... 6
~ Minneapolis Study .................. ................................................................................ 6
St. Paul .................................................................................................................... 7
... Indianapolis ............................................................................................................ 8
.. Phoenix ............................................,....................................................................... 9
Los Angeles ............................................................................................................ 10
... Concentration of Sexually Oriented Businesses Neighborhood Case Study.. 10
T estimony ................:.............................................................................................. 12
,- SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME .................... 14
, PROSECUTORIALAND REGULATORY ALTERNATIVES .................................. 20
OBSCENITY PROSECUTION ............................................................................... 21
, RECOMMENDA TlONS .......................................................................................... 24
OTHER LEGAL REMEDIES ................................................................................... 25
, RICO/FORFEITURE ............................................................................................... 25
RECOMMENDA TIONS .......................................................................................... 28
, NUISANCE INJUNCTIONS ................................................................................... 28
, RECOMMENDATIONS .......................................................................................... 30
ZONING .................................................................................................................. 30
, Supreme Court Decisions ..................................................................................... 31
'. -i-
,
~
-
- -.- --
II ~ IsCJ I
. ,.1
Standards and Need for Legal Zoning ................................................................. 35 - I
rI
Documentation to Support Zoning Ordinances .................................................. 36
I
. Availability of Locations for Sexually Oriented Businesses ................................ 37
Distance Requirements ......................................................................................... 39 I
.
Requiring Existing Businesses to Comply with New Zoning ............................. 40
g RECOMMENDA TIONS ..............................................................................,........... 41 .
UCENSING AND OTHER REGULATIONS .......................................................... 41
.
. RECOMMENDA TIONS .......................................................................................... 44
CONCLUSION ...................................:.................................................................... 45 .
.
. .
-.
.
I I
j .
I I
I I
. .
I I
I .
-.
-ii-
I
I .
III S/so
I" INTRODUCTION
-
III Many communities in Minnesota have raised concerns about the impact of
... sexually oriented businesses on their quality of life. It has been suggested that sexually
oriented businesses serve as a magnet to draw prostitution and other crimes into a
vulnerable neighborhood. Community groups have also voiced the concern that
III sexually oriented businesses can have an adverse effect on property values and
impede neighborhood revitalization. It has been suggested that spillover effects of the
Id businesses can lead to sexual harassment of residents and scatter unwanted evidence
of sexual liaisons in the paths of children and the yards of neighbors.
III Although many communities have sought to regulate sexually oriented businesses,
these efforts have often been controversial and equally often unsuccessful. Much
III community sentiment against sexually oriented businesses is an outgrowth of hostility
to sexually explicit forms of expression. Any successful strategy to combat sexually
Ii oriented businesses must take into account the constitutional rights to free speech
which limit available remedies.
Only those pornographic mate'rials which are determined to be "obscene" have no
constitutional protection. As explained later in more detail, only that pornography
which, according to community standards and taken as a whole, "appeals to the
I prurient interest" (as opposed to an interest in healthy sexuality), describes or depicts
, sexual conduct in a "patently offensive way" and "lacks serious literary, artistic, political
or scientific value," can be prohibited or prosecuted. Miller v. California, 413 U.S. 15,
II 24 (1973).
It Other pornography and the businesses which purvey it can only be regulated
where a harm is demonstrated and the remedy is sufficiently tailored to prevent that
harm without burdening First Amendment rights. In order to reduce or eliminate the
I impacts of sexually oriented businesses, each community must find the balance
between the dangers of pornography and the constitutional rights to free speech. Eacp
I community must have evidence of harm. Each community must know the range of
legal tools which can be used to combat the adverse impacts of pornography and
I sexually oriented businesses.
Ie -1-
I
---
:IJ b/5b I
.
. On June 21, 1988, Attorney General Hubert Humphrey III announced the formation.
of a Working Group on the Regulation of Sexually Oriented Businesses to assist public .
. officials and private citizens in finding legal ways to reduce the impacts of sexually
oriented businesses. Members of the Working Group were selected for their special I
, expertise in the areas of zoning and law enforcement and included bipartisan
representatives of the state Legislature as well as members of both the Minneapolis I
. and St. Paul city councils who have played critical roles in developing city ordinances
regulating sexually oriented businesses. .
11
The Working Group heard testimony and conducted briefings on the impacts of
. sexually oriented businesses on crime and communities and the methods available to I
reduce or eliminate these impacts. Extensive research was conducted to review
regulation and prosecution strategies used in other states and to analyze the legal I
. ramifications of these strategies.
. As testimony was presented, the Working Group reached a consensus that a I
comprehensive approach is required to reduce or eliminate the impacts of sexually -.
I oriented businesses. Zoning and. licensing regulations are needed to protect residents
from the intrusion of "combat zone" sexual crime and harassment into their
neighborhoods. Prosecution of obscenity has played an important role in each of the I
I cities which have significantly reduced or eliminated pornography. The additional
threat posed by the involvement of organized crime, if proven to exist, may justify the I
j resources needed for prosecution of obscenity or require use of a forfeiture or
racketeering statute. I
.
The Working Group determined that it could neither advocate prohibition of all
I sexually explicit material nor the use of regulation as a pretext to eliminate all sexually I
oriented businesses. This conclusion is no endorsement of pornography or the
businesses which profit from it. The Working Group believes much pornography . I
f conveys a message which is degrading to women and an affront to human dignity.
Commercial pornography promotes the misuse of vulnerable people and can be used I
I by either a perpetrator or a victim to rationalize sexual violence. Sexually oriented
businesses have a deteriorating effect upon neighborhoods and draw involvement of
I
1 organized crime.
-I
I
-2-
I
. -, Iso
.-
II Communities are not powerless to combat these problems. But to be mgst
., effective in defending itself from pornography each community must work from the
evidence and within the law. The report of this Working Group is designed to assist
~ local communities in developing an appropriate and effective defense.
The first section of the report discusses evidence that sexually oriented
-- businesses, and the materials from which they profit, have an adverse impact on the
surrounding communities. It provides relevant evidence which local communities can
"- use as part of their justification for reasonable regulation of sexually oriented
businesses.
The Working Group also diScussed the relationship between sexually oriented
businesses and organized crime. Concerns about these broader effects of sexually
oriented businesses underlie the Working Group's recommendations that obscenity
should be prosecuted and the tools of obscenity seized when sexually oriented
businesses break the law.
The second section of this report describes strategies for regulating sexually
oriented businesses and prosecuting obscenity. The report presents the principal
IJ alternatives, the recommendations of the Working Group and some of the legal issues
to consider when these strategies are adopted.
I The goal of the Attorney General's Working Group in providing this report is to
support and assist local cOmmunities who are struggling against the blight of
I pornography. When citizens, police officers and city officials are concerned about
crime and the deterioration of neighborhoods, each of us lives next door. No
I community stands alone.
I SUMMARY
I The Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses makes the following recommendations to assist communities in protecting
. themselves from the adverse effects of sexually oriented businesses. Some or all of
.e -3-
I
---- ----
~ -
I 8/sa I
I these recommendations may be needed in any given community. Each community .1
must decide for itself the nature of the problems it faces and the proposed solutions ~ I
i which would be most fitting.
;
I 1. City and county attorneys' offices In the Twin Cities metropolitan I
, area should designate a prosecutor to pursue obscenity prosecutions
I
and support that prosecutor with specialized trainIng.
j .
2. The Legislature should consider funding a pilot program to I
demonstrate the efficacy ot obscenity prosecution and should
encourage the pooling ot resources between urban and suburban I
prosecutor offices by making such cooperation a condition for receiving
any such grant funds. I
3. The Attorney General should provide informational resources for
city and county attorneys who prosecute obscenity crimes. I
4. . Obscenity prosecutions should begin with cases InvolvIng those -.
materials whIch most flagrantly offend community standards.
5. The LegIslature should amend the present forfeiture statute to I
Include as grounds for forfeiture all felonies and gross misdemeanors I
pertaining to solicitation, Inducement, promotion or receiving profit trom .
prostItution and operation of a "disorderly house."
6. The Legislature should consider the potential for a RICO-like .
statute with an obscenity predIcate. I
7. Prosecutors should use the public nuisance statute to enjoin .
operations ot sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling or operating a disorderly I
house.
.
-4. -I
.
~ ~/sq
~. 8. Communities should document findings of adverse secondary
~ -
effects of sexually oriented businesses prior to enacting zoning
regulations to control these uses so that such regulations can be upheld
~ if challenged in court.
~ 9. To reduce the adverse effects of sexually oriented businesses,
communities should adopt zoning regulations which set distance
requirements between sexually oriented businesses and sensitive uses,
~
including but not limited to residential areas, schools, child care
facilities, churches and parks.
~ 10. To reduce adverse Impacts from concentration of these
~ businesses, communities should adopt zoning ordinances which set
distances between sexually oriented businesses and between sexually
I oriented businesses and liquor establishments, and should consider
restricting sexually oriented businesses to one use per building.
i
.- 11. Communities should require existing businesses to comply with
new zoning or other regulation of sexually oriented businesses within a
I reasonable time so that prior uses will conform to new laws.
. 12. Prior to enacting licensing regulations, communities should
document findings of adverse secondary effects of sexually oriented
I businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld If challenged In
court.
.
13. Communities should adopt regulations which reduce the likelihood
. of criminal activity related to sexually oriented businesses, including but
not limited to open booth ordinances and ordinances which authorize
I denial or revocation of licenses when the licensee has committed
offenses relevant to the operation of the business.
.
.-
-5-
.
-
~ I
-
lajsu I
,
14. Communities should adopt regulatfons which reduce exposure of . -I
tt the community and minors to the blighting appearance of sexually
oriented businesses, including but not limited to regulatfons of signage
and exterior design of such businesses, and should enforce state Jaw I
- requiring sealed wrappers and opaque covers on sexually oriented
material. I
.
Ii IMPACTS OF SEXUALLY ORIENTED BUSINESSES I
The Working Group reviewed evidence from studies conducted in Minneapolis and I
. St. Paul and in other cities throughout the country. These studies, taken together,
provide compelling evidence that sexually oriented businesses are associated with high I
. crime rates and depression of property values. In addition, the Working Group heard
testimony that the character of a neighborhood can dramatically change when there is I
. a concentration of sexually oriented businesses adjacent to residential property.
-I
.
MInneapOlis Study
I In 1980, on direction from the Minneapolis City Council, the Minneapolis Crime I
Prevention Center examined the effects of sex-oriented and alcohol-oriented adult I
. entertainment upon property values' and crime rates. This study used both simple
regression and multiple regression statistical analysis to evaluate whether there was a
I
. causal relationship between these businesses and neighborhood blight.
IJ The study concluded that there was a close association between sexually oriented I
businesses, high crime rates and low housing values in a neighborhood. When the
data was reexamined using control variables such as the mean income in the I
. neighborhood to determine whether the association proved causation, it was unclear
whether sexually oriented businesses caused a decline in property values. The I
. Minneapolis study concluded that sexually oriented businesses concentrate in areas
which are relatively deteriorated and, at most, they may weakly contribute to the
I continued depression of property values. I
-.
. -6-
f] I
-- " III sO
However, the Minneapolis study found a much stronger relationship between
sexually oriented businesses and crime rates. A crime index was constructed including -
robbery, burglary, rape and assault. The rate of crime in areas near sexually oriented
businesses was then compared to crime rates in other areas. The study drew the
following conclusions:
1. The effects of sexually oriented businesses on the crime rate index is
~ positive and significant regardless of which control variable is used.
2. Sexually oriented businesses continue to be associated with higher
~ crime rates, even when the control variables' impacts are considered
simultaneously.
.. According to the statistical analysis conducted in the Minneapolis study, the
addition of one sexually oriented business to a census tract area will cause an increase
..
in the overall crime rate index in that area by 9.15 crimes per thousand people per year
even if all other social factors remain unchanged.
...
.. St. Paul
.. In 1978, the St. Paul Division of Planning and the Minnesota Crime Control
Planning board conducted a study of the relationship between sex-oriented and
alcohol-oriented adult entertainment businesses and neighborhood blight. This study
...
looked at crime rates per thousand and median housing values over time as indices of
neighborhood deterioration. The study combined sex-oriented and alcohol-oriented
~ businesses, so its conclusions are only suggestive of the effects of sexually oriented
businesses alone. Nevertheless, the study reached the following important
... conclusions:
'- 1. There is a statistically significant correlation between the location of
adult businesses and neighborhood deterioration.
\.
.. -7-
"
I-z../ S"~
2. . Adult entertainment establishments tend to locate in somewhat .1
deteriorated areas. - I
3. Additional relative deterioration of an area follows location of an adult .
business in the area.
4. There is a significantly higher crime rate associated with two such .
businesses in an area than is associated with only one adult business. I
5. Housing values are also significantly lower in an area where there are
three adult businesses than they are in an area with only one such business. I
Similar conclusions about the adverse impact of sexually oriented businesses on .
the community were reached in studies conducted in cities across the nation.
I
Indlanapolfs -.
rn 1963, the City of Indianapolis researched the relationship between sexually'
oriented businesses and property values. The study was based on data from a I
national random sample of 20 percent of the American Institute of Real Estate
Appraisers. .
The Study found the following: I
1. The appraisers overwhelmingly (80%) felt that an adult bookstore
located in a neighborhood would have a negative impact on residential I
property values within one block of the site.
-- 2. The real estate experts also overwhelmingly (71%) believed that there I
would be a detrimental effect on commercial property values within the same I
. one block radius.
. .
-I
.
-8-
II I
~-
. '~/so
3. This negative impact dissipates as the distance from the site increases,
so that most appraisers believed that by three blocks away from an adult -
bookstore, its impact on property values would be minimal.
Indianapolis also studied the relationship between crime rates and sexually
oriented bookstores, cabarets, theaters, arcades and massage parlors. A 1984 study
entitled "Adult Entertainment Businesses in Indianapolis" found that areas with sexually
oriented businesses had higher crime rates than similar areas with no sexually oriented
businesses.
1. Major crimes, such as criminal homicide, rape, robbery, assault,
burglary, and larceny, occurred at a rate that was 23 percent higher in those
areas which had sexually oriented businesses.
2. The sex-related crime rate, including rape, indecent exposure, and child
molestation, was found to be 77 percent higher in those areas with sexually
oriented businesses.
Phoenix
The Planning Department of Phoenix, Arizona published a study in 1979 entitled
"Relation of Criminal Activity and Adult Businesses.. This study showed that arrests for
, sexual crimes and the location of sexually oriented businesses were directly related.
The study compared three areas with sexually oriented businesses with three control
areas which had similar demographic and land use characteristics, but no sexually
~ oriented establishments. The study found that,
, 1. Property crimes were 43 percent higher in those areas which contained
a sexually oriented business.
, 2. The sex crime rate was 500 percent higher in those areas with sexually
oriented businesses.
'.
, -9-
,
r, I
,
I~ /~C I
-
3. The study area with the greatest concentration of sexually oriented -.
businesses had a sex crimes rate over 11 times as large as a similar area
- having no sexually oriented businesses. -
.
-
Los An~eles I
-
A study released by the Los Angeles Police Department in 1984 supports a I
~ relationship between sexually oriented businesses and rising crime rates. This study is
less definitive, since it was not designed to use similar areas as a control. The study
- indicated that there were 11 sexually oriented adult establishments in the Hollywood, .
California, area in 1969. By 1975, the number had grown to 88. During the same time
period, reported incidents of "Part '" crime (i.e., homicide, rape, aggravated assault, I
~. robbery, burglary, larceny and vehicle theft) increased 7.6 percent in the Hollywood
area while the rest of Los Angeles had a 4.2 percent increase. "Part II" arrests (i.e. I
- forgery, prostitution, narcotics, liquor law violations, and gambling) increased 3.4
percent in the rest of Los Angeles, but 45.4 percent in the Hollywood area.
-I
ConcentratIon of Sexuallv Oriented Businesses I
Nel~hborhood Case Study
In St. Paul, there is one neighborhood which has an especially heavy concentration I
of sexually oriented businesses. The blocks adjacent to the intersection of.University I
i Avenue and Dale Street have more than 20 percent of the city's adult uses (4 out of 19),
. including all of St. Paul's sexually oriented bookstores and movie theaters.
11 The neighborhood, as a whole, shows signs of significant distress, including the I
highest unemployment rates in the city, the highest percentage of families below the I
. poverty line in the city, the lowest median family income and the lowest percentage of
high school and college graduates. (See 40-Acre Study on Adult Entertainment, St. I
. Paul Department of Planning and Economic Development, Division of Planning, 1987 at
p. 19.) It would be difficult to attribute these problems in any simple way to sexually
Q oriented businesses. I
-.
. -10-
. I
I -
II Is(s-o
.Ie However, it is likely that there is a relationship between the concentration of
sexually oriented businesses and neighborhood crime rates. The St. Paul Police
I~ -
Department has determined that St. Paul's street prostitution is concentrated in a
"street prostitution zone" immediately adjacent to the intersection where the sexually
II oriented businesses are located. Police statistics for 1986 show that, of 279 prostitution
arrests for which specific locations could be identified, 70 percent (195) were within the
II "street prostitution zone: Moreover, all of the locations with 10 or more arrests for
prostitution were within this zone.
~ The location of sexually oriented businesses has also created a perception in the
community that this is an unsafe and undesirable part of the city. In 1983, Western
I State Bank, which is currently located across the street from an adult bookstore, hired a
research firm to survey area residents regarding their preferred location for a bank and
I their perceptions of different locations. A sample of 305 people were given a list of
locations and asked, "Are there any of these locations where you would not feel safe
Ie conducting your banking business?"
No more than 4 per cent of the respondents said they would feel unsafe banking at
l other locations in ,the city. But 36 percent said they would feel unsafe banking at Dale
and University, the corner where the sexually oriented businesses are concentrated.
The Working Group reviewed the 1987 4O-Acre Study on Adult Entertainment
prepared by the Division of Planning in St. Paul's Department of Planning and
Economic Development. This study summarized testimony presented to the Planning
, Commission regarding neighborhood problems:
Residents in the University/Dale area report frequent sex-related harassment
, by motorists and pedestrians in the neighborhood. Although it cannot be
proved that the harassers are patrons of adult businesses, it is reasonable to
, suspect such a connection. Moreover, neighborhood residents submitted
evidence to the Planning Commission in the form of discarded pornographic
, literature allegedly found in the streets, sidewalks, bushes and alleys near
adult businesses. Such literature is sexually very explicit, even on the cover,
-11-
II
I~/~ I
, I
and under the present circumstances becomes available to minors even -.
though its sale to minors is prohibited.
! -
j Testimonv I
I The Working Group heard testimony that a. concentration of sexually oriented I
businesses has serious impacts upon the surrounding neighborhood. The Working
1 Group heard that pornographic materials are left in adjacent lots. One person reported I
to the police that he had found 50 pieces of pornographic material in a church parking
lot near a sexually oriented business. Neighbors report finding used condoms on their I
~ lawns and sidewalks and that sex acts with prostitutes occur on streets and alleys in
plain view of families and children. The Working Group heard testimony that arrest I
. rates understate the level of crime associated with sexually oriented businesses. Many
robberies and thefts from "johns" and many assaults upon prostitutes are never
. reported to the police. I
. Prostitution also results in harassment of neighborhood residents. Young girls on -I
their way to school or young women 0n their way to work are often propositioned by
johns. The Flick theater caters to homosexual trade, and male prostitution has been I
~ noted in the area. Neighborhood boys and men are also accosted on the street. A
police officer testified that one resident had informed him that he found used condoms
: in his yard all the time. Both his teenage son and daughter had been solicited on their I
way to school and to work.
The Working Group heard testimony that in the Frogtown neighborhood, I
11 immediately north of the University-Dale intersection in St. Paul, there has been a I
change over time in the quality of life since the sexually oriented businesses moved into
the area. The Working Group heard that the neighborhood used to be primarily middle I
.. class, did not have a high crime rate and did not have prostitution. St. Paul police
officers testified that they believed the sexually oriented businesses caused
. neighborhood problems, particularly the increase in prostitution and other crime rates. I
Property values were suffering, since the presence of high crime rates made the area
II I
. -12- -I
. I
I 17/$0
.1
1- less desirable to people who would have the ability and inclination to improve their
homes.
I~ -
The Working Group made some inquiry to determine to what extent smaller cities
II outside the Twin Cities Metropolitan area suffered adverse impacts of sexually oriented
businesses. The Working Group was informed by the chiefs of police of Northfield and
.1 Owatonna that neither city had adult bookstores or similar sexually oriented
businesses. Police chiefs in Rochester and Winona stated that sexually oriented
businesses in their communities operate in non-residential areas. In addition, there is
i no "concentration" problem.. In Rochester, there are two facilities in a shopping mall
and a single bookstore in a depressed commercial/business neighborhood. The
~ Winona store is located in a downtown business area. The police chiefs stated that
they had no evidence of increased crime rates in the area adjacent to these facilities.
They had no information as to the effect which these businesses might have on local
I. property values.
Information presented to the Working Group indicates that community impacts of
\. sexually oriented businesses are primarily a function of tWo variables, proximity to
residential areas and concentration. Property values are directly affected within a small
\ radius of the location of a sexually oriented business. Concentration may compound
depression of property values and may lead to an Increase in crime sufficient to change
, the quality of life and perceived desirability of property in a neighborhood.
The evidence suggests that the impacts of sexually oriented businesses are
, exacerbated when they are located near each other. Police officers testified to the
Working Group, that "vice breeds vice." When sexually oriented businesses have
, multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can
have the impact of several separate businesses. The Working Group heard testimony
, that concentration of sexually oriented businesses creates a "war zone" which serves
as a magnet for people from other areas who "know" where to find prostitutes and
, sexual entertainment. The presence of bars in the immediate vicinity of sexually
oriented businesses also compounds impacts upon the neighborhood.
'. .
, -13-
~
-
: IBIs-a I
, ' , I
I The Attorney General's Working Group believes that regulatory strategies designed .
to reduce the concentration of sexually oriented businesses, insulate residential areas I
I from them, and reduce the likelihood of associated criminal activity would constitute a -
rational res'ponse to evidence of the impacts which these businesses have upon local I
J communities.
I
I SEXUALLY ORIENTED BUSINESSES AND ORGANIZED CRIME
I
~ Infiltration of organized crime into sexually oriented businesses reinforces the need
for prosecution of obscenity and requires specific regulatory or law enforcement tools. I
i The Working Group attempted to assess both the present and potential relationship
between organized crime and sexually oriented businesses. I
· The Working Group heard testimony from a witness who had been prosecuting
. obscenity cases for the past thirteen years that many sexually oriented businesses have I
out-of-town absentee owners. If the manager of a local business is prosecuted on an
. Clbscsnity charge, his testimony may make it possible to pierce the corporate veil and . I
identify the true owners.
8 The Working Group heard testimony that an organized crime entity may operate I
somewhat like a franchisor. In order to stay in business, the local manager of a I
. sexually oriented business may have to pay fees to organized crime. The makers and
wholesalers of pornographic materials are also likely to be involved with organized
~~a I
The Working Group conducted additional research to assess the relationship I
between sexually oriented businesses and organized crime. The Working Group was
informed by prosecutors of obscenity that there were many ways in which organized I
crime entities could derive a benefit from sexually oriented businesses. There is a large
, profIt margin in pornography. The presence of coin-operated peep booths provides an I
~ opportunity to launder money. Cash obtained from illegal activities, such as
! prostitution or narcotics, can be explained as the income of peep booths. Cash
. income can also escape taxation, in violation of law. I
-
I -14- I
~ I
-.----
I-
I . l~ ISQ
I- Although it is clear that organized crime is involved to some degree in the.
pornography industry, various sources reach different conclusions as to the depth and
extent of this involvement. Part of the difference in assessment is based on differences .
I in the way the term "organized crime" is defined. Authorities who restrict their
definition of organized crime to the highly organized ethnic hierarchy known as La Cosa
I Nostra (LCN) tend to find fewer links than those who define the term to include other
organized criminal enterprises. Where there has been intensive law enforcement and
I prosecution, it is more likely that linkage between sexually oriented businesses and
I
~
organized crime figures will be evident.
~ The Working Group has adopted the definition of organized crime contained in
Minnesota's Report of the Legislative Commission on Organized Crime (1975). The
~ Working Group is concerned about the relation between sexually oriented businesses
and any "organized criminal conspiracy of two or more persons that is continuous in
\. nature, involves activity generally crossing jurisdictional lines and results in third-party
profit: The threat from organized crime includes, but is not limited to involvement of
national crime enterprises such as LCN.
\ Recent federal indictments of James G. Hafiz in Indiana for pe~uryll and. of
, Harry V. Mohney in Michigan for tax evasion suggest a possible connection between
organized crime and a Minnesota pornography business. Hafiz, a Minnesota resident
who is an agent of Beverly Theater, Inc., the company which operated the Faust
Theater in St. Paul,gJ has been linked to Mohney, a major pornographer based in
Michigan. The indictments allege that Mohney caused the incorporation of the
company which operated the Faust, that a corporation owned by Mohney paid for
improvements to the Faust and that Mohney is, in fact, the owner of numerous sexually
oriented businesses, including the Faust. (See United States v. Hafiz, Indictment, No.
IP 88-102-CR (S.D. Ind., Sept. 15, 1988); United States v. Mohney, Indictment, No.
88-50062 (E.D. Mich. Sept. 9, 1988)).
Jj HafIZ was acquitted of the perjury charges. St. Paul Pioneer Press, Jan. 11, 1989, p.
10A.
gJ The City of St. Paul bought out the Faust for $1.8 milli~n, closing the entertainment
complex on March 7,1989.
-15-
I
z,c/8:J, .1
Mohney, in turn, has been linked with national organized crime enterprises. A 1977
I
i report of the United States Justice Department stated:
1 .
, It is believed that Harry V. Mohney of Durand, Michigan, is one of the largest I
dealers in pornography in the United States. . . He is alleged to have a close
, association with the LCN. Columbo and the LCN DeCavalcante, both of I
which are very influential in pornography in the eastern United States. In
Michigan, Mohney is known to hire individuals with organized crime
f associations to manage his businesses. His businesses and corporations I
consist of 60 known adult bookstores, massage parlors, art theaters, adult
drive-in movies, go-go type lounges and pornographic warehouses in I
j Michigan, Indiana, Illinois, Kentucky, Tennessee, Wisconsin, Iowa, Ohio and
California. He is involved in the financing and production of pornographic
movies, magazines, books and newspapers. He also directs the importation I
. and distribution of his own and other pornographic publications to retail and
wholesale outlets throughout the United States and Canada . . . He has a
. working relationship with DeCavalcante's representative- Robert DiBernardo I
and has met with Vito Giacalone and Joseph Zerilli of the LCN Detroit. He
has to cater to both to operate in Michigan.
. U.S. Justice Dep't, Orqanized Crime Involvement in Pornoqraphy, reprinted in the -I
Attorney General's Comm'n on Pornography (hereinafter "Pornography Commission"),
2 Final Report at 1229-30 (1986). I
Organized crime has the potential to infiltrate Minnesota's pornography industry. I
Evidence on a national level highlights the vulnerability of sexually oriented businesses
to criminal control. A number of sources have reported that there is a connection I
between organized crime and the pornography industry.
The Pornography Commission reported that the Washington, D.C" Metropolitan I
Police Department "determined that traditional organized crime was substantially
involved in and did essentially control much of the major pornography distribution in I
the United States during the years 1977 and 1978." 2 Final Report at 1044-45. The
Washington, D.C., study "further concluded that the combination of the large amounts I
of money involved, the incredibly low priority obscenity enforcement had within police
departments and prosecutors' offices in an area where manpower intensive
I
-
-16- I
I
I
I ' zl/so
. investigations were essential for success, and the imposition of minimal fines and no
I jail time upon random convictions resulted in a low risk and high profit endeavor for
organized crime figures who became involved in pornography," Id. at 1045.
-
I The FBI concluded in 1978:
I Information obtained . . . points out the vast control of the multi-million dollar
pornography business in the United States by a few individuals with direct
I connections with what is commonly known as the organized crime
establishment in the United States, specifically, La Cosa Nostra . . .
Information received from sources of this bureau indicates that pornography
I is (a major) income maker for La Cosa Nostra in the United States behind
gambling and narcotics. Although La Cosa Nostra does not physically
oversee the day-to-day workings of the majority of pornography business in
I the United States, it is apparent that they have. "agreements" with those
Involved in the pornography business in allowing these people to operate
I independently by paying off members of organized crime for the privilege of
being allowed to operate in certain geographical areas.
Ie !Q.., at 1046 .(quoting Federal Bureau of InvestiQation Report ReQardinq the Extent of
Orqanized Crime Development in PornoQraphy, 6 (1978)).
I
, A brief. survey of 59 FBI field offices conducted in 1985 found that about
three-quarters of those offices could not verify that traditional organized crime families
, were involved in the manufacture or distribution of pornography. Several offices did,
however, report some involvement by members and associates of organized crime. Id.
, at 1046-47.
I Stanley Ronquest, Jr., a supervisory FBI special agent for traditional organized
crime at FBI headquarters in Washington, D.C., was interviewed by Attorney General
staff. Ronquest stated that LCN has not been directly involved in the pornography
I industry in the last ten years. However, a former FBI agent told the Pornography
Commission:
In my opinion, based upon twenty-three years of experience in pornography
and obscenity investigations and study, it is practically impossible to be in
the retail end of pornography industry (today) without dealing in some
.
-17-
I
},
---- I
2'2( so , ..
fashion with organized crime either the mafia or some other facet of non-
mafia never-the-Iess highiy organized crime. I
-
Id. at 1047-48. I
Thomas Bohling of the Chicago Police Department Organized Crime Division, Vice .
Control Section, told the Pornography Commission that "it is the belief of state, federal-
and local law enforcement that the pornography industry is controlled by organized
crime families. If they do not own the business outright, they most certainly extract .
street tax from independent smut peddiers.' Id. at 1048 (emphasis in original).
The Pornography Commission stated that it had been advised by Los Angeles .
Police Chief Daryl F. Gates that "organized crime families from Chicago, New York, I
New Jersey and Rorida are openly controlling and directing the major pornography
operations in Los Angeles." Id.
The Pornography Commission was told by Jimmy Fratianno, described by the .
Commission as a member of LCN, "that large profits have kept organized crime heavily -.
involved in the obscenity industry.' !Q. at 1052. Fratianno testified that, "95% of the
families are involved in one way or another in pornography. ... It's too big. They just .
won't let it go." Id. at 1052-53.
The Pornography Commission concluded that "organized crime in its traditional I
j LCN forms and other forms exerts substantial influence and control over the obscenity
I
industry. Though a number of significant producers and distributors are not members .
I of LCN families, all major producers and distributors of obscene material are highly
organized and carry out illegal activities with a great deal of sophistication." Id. at 1053. I
I
The Pornography Commission reported that Michael George Thevis, reportedly
I
j one of the largest pornographers in the United States during the 1970's was convicted
in 1979 of RICO (Racketeer Influenced and Corrupt Organizations) violations including
I murder, arson and extortion. The Commission also reported examples of other crimes I
associated with the pornography industry, including prostitution and other sexual
I I
-.
I -18-
0 .
. 'Z3/~
abuse, narcotics distribution, money laundering and tax violations, copyright violations
and fraud. Id. at 1056-65. -
Although the Pornography Commission report has been criticized for relying on the
testimony of unreliable informants in drawing its conclusions finding links between
pornography and organized crime (See Scott, Book Reviews, 78 J. Crim. L &
Criminology 1145, 1158-59 (1988)), its conclusions find additional support in recent
state studies.
The California Department of Justice recently reported that:
California's primacy in the adult videotape industry is of law enforcement
concern because the pornography business has been prone to organized
crime involvement. Immense profits can be realized through pomography .
operations, and until recently, making and distributing pornography involved
a relatively low risk of prosecution. But more aggressive law enforcement
efforts and turmoil within the pornography business has destabilized the
. smooth flow of easy money for some of its major operations. . . .
As long as control over pornography distribution is contested, and organized
crime figures continue their involvement in the business, the 'pornography
industry will remain of interest to law enforcement officials statewide.
, Bureau of Organized Crime and Criminal Intelligence, Department of Justice, State of
California, Orqanized Crime in California 1987: Annual Report to the California
Leqislature at 59-62 (1988).
I The Pennsylvania Crime Commission similarly determined in a 1980 report that
I most pornography stores examined were affiliated or owned by one of three men who
had ties with "nationally known pornography figures who are members or associated of
I organized crime families." Pennsylvania Crime Commission, A Decade of Orqanized
Crime: 1980 Report at 119.
For example, Reuben Sturman, a leading pornography industry figure based in
Cleveland, was reported by the FBI in 1978 to have built his empire with the assistance
of LCN member DiBernardo. Federal Bureau of Investiqation Report Reqardinq the
-
-19-
S
,
, 2<-//<50, I
~ .
Extent of Orqanized Crime Involvement in Pornoqraphy (1978). Sturman, who .
l;J reportedly controls half of the $8 billion United States pornography industry, was
recently indicted by a federal grand jury in Las Vegas for racketeering violations and by I
a federal grand jury in Cleveland for income tax evasion and tax fraud. Newsweek,
, August 8, 1988, p. 3. .
Evidence of the vulnerability of sexually oriented businesses to organized crime .
involvement underscores the importance of criminal prosecution of these businesses
when they engage in illegal activities, including distribution of obscenity and support of
prostitution. Prosecution can increase the risk and reduce the profit margin of .
conducting illegal activities. It may also disclose organized crime association with local
pornography businesses and increase the costs of criminal enterprise in Minnesota. I
In addition to prosecution, forfeiture of property used in the illegal activities related I
to sexually oriented businesses can cut deeply into profits. Regulation to permit license
revocation for conviction of subsequent crimes may also expose and increase control -.
over criminal enterprises related to sexually oriented businesses.
PROSECUTORIAL AND REGULATORY ALTERNATIVES I
The regulation of many sexually oriented businesses, like other businesses dealing I
in activity with an expressive component, is circumscribed by the First Amendment of .
. the United States Constltution.~1 Nonetheless, the First Amendment does not impose
a barrier to the prosecution of obscenity, which is not protected by the First
Amendment, or to reasonable regulation of sexually oriented businesses if the .
~I The First Amendment provides: .
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the .
freedom of speech, or of the press, or the right of the people peaceably
. to assemble, or to petition the government for a redress of grievances.
The constitutional guarantee of freedom of speech, often the basis for challenges to I
AI regulation of sexually oriented businesses, restricts state as well as federal actions.
See, ~, Fiske v. Kansas, 274 U.S. 380, 47 S. Ct. 655 (1927). -.
it
-20- I
m
I I 2S/~
I~' regulation is not designed to suppress the content of expressive activity and is
I : sufficiently tailored to accomplish the regulatory purpose, -
I The Working Group believes that communities have more prosecutorial and
I regulatory opportunities than they may currently recognize. The purpose of this section
of the Report is to identify and recommend enforcement and regulatory opportunities.
I Of course, each community must decide on its own how to balance its limited
resources and the wide variety of competing demands for such resources.
I
I I. OBSCENITY PROSECUTION
Obscene material is not protected by the First Amendnient. Miller v. California,
I 413 U.S. 15, 93 S. Ct. 2607 (1973). The sale or distribution of obscene material in
Minnesota is a criminal offense. The penalty was recently increased to up to one year
I in jail and a $3,000 fine for a first offense, and up to two years in jail and a $10,000 fine
for a second or subsequent offense within fIVe years. Minn. Stat. S 617.241, subd. 3
.e (1988).1/
I The Working Group believes that Minnesota's obscenity statutes are adequate to
prosecute and penalize the sale and distribution of obscene materials. However,
historically, widespread obscenity prosecution has not occurred.
I The Working Group believes this is not because the sale or distribution of obscene
I publications in Minnesota is rare, but because prosecutors have been reluctant to bring
obscenity charges, because of limited resources, difficulties faced when prosecuting
I obscenity, and because obscenity has historically been considered a victimless crime.
I
11 The prior penalty was a fine only - up to $10,000 for a first offense and up to
I $20,000 for a second or subsequent offense. Minn. Stat. S 617.241, subd. 3 (1986).
Obscenity arrests are so infrequent that incidents involVing pOSSible violations of
section 617.241 are not separately compiled by the Minnesota Bureau of Criminal
I Comprehension. See Bureau of Criminal A rehension 1987 Minnesota Annual
Re ort on Crime MiSS)n I ren an ureau 0 (Imina re ens Ion ctlVltles.
Ie -21-
I
I
2Cp/St:J .1
Obscenity, however. shouid no longer be viewed as a victimless crime..Q/ There is I
-
mounting evidence that sexually oriented businesses are, as described earlier in this
report, often associated with increases in crime rates and a decline in the quality of life I
of neighborhoods in which they are located. Further, as discussed previously, when
there is no prosecution of obscenity, large cash profits make pornographic operations I
very attractive to members of organized crime. The Working Group thus believes that
proSecution of obscenity, particularly cases involving children, violence or bestiality, I
should assume a higher priority for law enforcement officials.
In addition, many of the difficulties faced when prosecuting obscenity can be I
addressed by adequate training and assistance. In order to prove that material is
obscene, a prosecutor must prove: I
(i) that the average person, applying contemporary community I
standards would find that the work, taken as a whole, appeals to the prurient
interest in sex;
(ii) that the work depicts sexual conduct . . . in a patently offensive -I
manner; and
(Hi) that the work, taken as a whole, laCks serious literary, artistic, I
political, or scientific value.
Minn. Stat. S 617.241, subd. 1 (a)(i-iii) (1988). This statutory standard was drawn to be I
consistent with constitutional standards set forth in Miller, supra. I
.Q/ Two blue ribbon commissions have reached different conclusions regarding the I
harmfulness of sexually explicit material to individuals. A presidential Commission
on Obscenity and Pornography concluded in 1970 that there was no evidence of I
"social or individual harms" caused by sexually explicit materials and, therefore,
"federal, state and local legislation prohibiting the sale, exhibition, or distribution of
sexual materials to consulting adults should be repealed." The Report of the I
Comrn'n on Obsceni and Porno ra h at 57-8 (Bantam Paperback ed. 1970).
owever, In 1986, t e ttorney enera s ommlssion on Pornography concluded
that "sexually violent materials. . . bear '" a causal relationship to antisocial acts
of sexual violence '" [and that] the evidence supports the conclusion that I
substantial exposure to [non-violent] degrading material increases the likelihood for
an individual [to] . . . commit an act of sexual violence or sexual coercion.. Attorney -I
General's Comm'n on Pornography, 1 Final Report at 326,333 (1986).
-22- I
. -Z7/~
I . To be sure, prosecutors face a number of hazards in prosecuting obscenity. They
.
I include inadequate training in this specialized area of law, attempts by defense -
attorneys to remove jurors who find pornography offensive, the offering into evidence of
. polls and surveys through expert testimony to prove tolerant community standards,
efforts to guide jurors with jury instructions favorable to the defense, and
discouragement with unsuccessful prosecutions.
I But the hazards can be overcome. Alan E. Sears, former executive director of the
. U.S. Attorney General's Commission on Pornography has stated:
. Prosecutors can successfully obtain obscenity convictions in virtually
any jurisdiction in the United States. In order to obtain a conviction, it is
incumbent upon a prosecutor to.prepare well, know the law, not fall into the
. "one case syndrome" trap, obtain a representative jury through proper voir
dire, keep the focus of the trial on the unlawful conduct of the defendant, and
obtain legally sound instructions.
I Sears, "How To Lose A Pornography Case," The CDL Reporter (n.d.).
.- The Working Group heard testimony from prosecutors who have pursued
obscenity cases nationally regarding effective ways to prosecute obscenity cases.
. Materials can be bought or rented, rather than seized under warrant. In the absence of
survey data, community standards can be left to the wisdom of the jury. In that case,
I experts should be prepared to. testify if the defense attempts to make a statistical case
that the material is not obscene. Prosecution of obscenity is also likely to be most
. effective if initial prosecutions focus on materials which are patently offensive to the
community, such as those involving chiidren, violence or beastiality.
. The experience of other cities has demonstrated that vigorous and sustained
enforcement of obscenity statutes can sharply reduce or virtually eliminate sexually
. oriented businesses. Cincinnati, Omaha, Atlanta, Charlotte, Indianapolis and Fort
Lauderdale were cited to the Working Group as examples of cities which have
I
I
.- -23-
I
I
28/S"C::> . .1
successful programs of obscenity prosecution.~/ The Working Group encourages
.
prosecutors to take advantage of increasing training opportunities and other assistance
-
for obscenity prosecutions and to reassess the desirability of increased enforcement. I
The Working Group is pleased to note that county attorneys and law enforcement
groups in Minnesota have recently held forums and seminars on obscenity law I
enforcement and prosecution. The U.S. Justice Department's National Obscenity
Enforcement Unit offers assistance to local prosecutors, including sample pleadings,
indictments, search warrants, motions, responses and trial memoranda.Z/ I
RECOMMENDATIONS .
1. City and county attorneys' offices In the Twin Cities metropolitan .
area should designate a prosecutor to pursue Obscenity prosecutions
and support that prosecutor with specialized training.
The Legislature should consider funding a pilot program to .
2.
demonstrate the etffcacy of obscenity prosecution and should -I
encourage the pooling of resources between urban and suburban
prosecuting offices by making such cooperation a condition of receiving I
any such grant funds.
I
~/ Memorandum to Jim Bellus, executive assistant to St. Paul Mayor George Latimer I
(prepared by St. Paul De!?artment of Plannin~ and Economic Development) (July 5,
1988); see also Waters, 'The Squeeze on S eaze," Newsweek, Feb. 1, 1988, at 4S I
("After more than 10 years of levying heavy fines and making arrests, Atlanta has
won national renown as 'the city that cleaned up pornography.'").
Z/ The Address of the National Obscenity Enforcement Unit is U.S. Justice I
Department, 10th & Pennsylvania Ave. N.W., Room 2216, Washington, D.C. 20530.
Its telephone number is 202-633-5780. Assistance is also available from Citizens for
Decency through Law, Inc., 2845 E.Camelback Rd., Suite 740, Phoenix, AZ. 85016. .
It is the PUblisher of "The Preparation and Trial of an Obscenity Case: A Guide for
the Prosecuting Attorney." Its telephone number is 602-381-1322. The National
Obscenity Law Center, another private organization, is located at 475 Riverside
Drive, Suite 236, New York, N.Y. 10115. It publishes an Obscen' Law Bulletin and I
the "Handbook on the Prosecution of Obscenity Cases. Is te ep one num er is
212-870-3216. -.
-24-
I
I 2<1 I ~
I .
. 3. The Attorney General should provide Informational resources for
. city and county attorneys who prosecute obscenity crimes. -
. 4. Obscenity prosecutions should concentrate on cases that most
flagrantly offend community standards.
.
1/. OTHER LEGAL REMEDIES
I
A. RICO/FORFEITURE
. In addition to traditional criminal prosecutions, use of RICO statutes and criminal
. and civil forfeiture actions may also prove to be successful against obscenity offenders.
By attacking the criminal organization and the profits of illegal activity, such actions can
I provide a strong disincentive to the establishment and operation of sexually oriented
businesses. For example, the federal government and a number of the twenty-eight
.- states which have enacted racketeer influenced and corrupt organization (RICO)
statutes include obscenity offenses as predicate crimes. Generally speaking, to violate
a RICO statute, a person must acquire or 'maintain an interest in or control of an
I enterprise, or must conduct the affairs of an enterprise through a "pattern of criminal
activity." That pattern of criminal activity may include obscenity violations, which in tum
I can expose violators to increased fines and penalties as well as forfeiture of all property
acquired or used in the course of a RICO vidation. These statutes generally enable
. prosecutors to obtain either criminal or civil forfeiture orders to seize assets and may
also be used to obtain injunctive relief to divest repeat offenders of financial interests in
sexually oriented businesses. See 18 U.S.C. 55 1961-68 (West Supp. 1988). RICO
. statutes may be particularly effective in dismantling businesses dominated by
organized crime, but they may be applied against other targets as well.
I The Working Group believes that Minnesota should enact a RICO-like statute that
. would encompass increased penalties for using a "pattern" of criminal obscenity acts
to conduct the affairs of a business entity. Provisions authorizing the seizure of assets
I for obscenity violations should be considered, but the limitations imposed by the First
Amendment must be taken into account.
.- -25-
I
u
- - --- ---- -
--
3a!SG I
. I
It has been argued that a RICO or forfeiture statute based on obscenity crime .
violations threatens to "chill protected speech" because it would permit prosecutors to I
-
seize non-obscene materials from distributors convicted of violating the obscenity
statute. American Civil Liberties Union, Pollutinq The Censorship Debate: A Summary .
And Critique Of The Final Report Of The Attorney General's Commission On
Pornoqraphyat 116-117 (1986). I
However, a narrow majority of the United States Supreme Court recently held that .
there is no constitutional bar to a state's inclusion of substantive obscenity violations
among the predicate offenses for its RICO statute. Sappenfield v. Indiana, 57 U.S.LW.
4180, 4183-4184 (February 21, 1989). The Court recognized that "any form of criminal .
obscenity statute applicable to a bookseller will induce some tendency to
self-censorship and have some inhibitory effect on the dissemination of material not I
obscene." Id. at 4184. But the Court ruled that, "the mere assertion of some possible
self-censorship resulting from a statute is not enough to render an anti-obscenity law I
unconstitutional under our precedent." Id. The Court specifically upheld RICO
provisions which increase penalties where there is a pattern of multiple violations of -.
obscenity laws.
However, in a companion case, the Court also invalidated a pretrial seizure of a I
bookstore and its contents after only a preliminary finding of "probable cause" to
believe that a RICO violation had occurred. Fort Wayne Books, Inc. v. Indiana, 57 I
U.S.LW. 4180, 4184-4185 (February 21, 1989). The Court explained there is a
rebuttable presumption that expressive materials are protected by the First
Amendment. That presumption is not rebutted untit the claimed justification for seizure .
of materials, the elements of a RICO violation, are proved in an adversary pr~ceeding.
Id. at 4185. .
The Court did not specifically reach the fundamental question of whether seizure of I
the assets ofa sexually oriented business such as a bookstore is constitutionally
permissible once a RICO violation is proved. The Court explained: .
(F]or the purposes of disposing of this case, we assume without
deciding that bookstores and their contents are forfeitable (like other property .
-26- -.
I
I
I. 3 J /S'Z;)
I such as a bank account or yacht) when it is proved that these items are
property actually used in, or derived from, a pattern of violations of the state's -
I obscenity laws.
Id. at 4185. The Working Group believes that a RICO statute which provided for seizure
I of the contents of a sexually oriented business upon proof of RICO violations would
have the potential to significantly curtail the distribution of obscene materials.
. Although Minnesota does not have a RICO statute, it does have a forfeiture statute
permitting the seizure of money and property which are the proceeds of designated
I felony offenses. Minn. Stat. ~ 609.5312 (1988). But, this statute does not permit seizure
of property related to commission of the offenses most likely to be associated with
I sexually oriented businesses. Obscenity crimes are not among the offenses which
justify forfeiture. Although solicitation or inducement of a person under age 13 (Minn.
. Stat. ~ 609.322, subd. 1) or between the ages of 16 and 18 to practice prostitution
(Minn. Stat. ~ 609.322, subd. 2) are included among the offenses which could justify
I- seizure of property, many crimes involving prostitution are outside the reach of the
present Minnesota forfeiture law.
I The following crimes are not included among the crimes which can justify seizure
of property and profits: solicitation, inducement, or promotion of a person between the
I ages of 13 and 16 to practice prostitution (Minn. Stat. ~ 609.322, subd. 1A); solicitation,
inducement or promotion of a person 18 years of age or older to practice prostitution
I (Minn. Stat. ~ 609.322, subd. 3); receiving profit derived from prostitution (Minn. Stat.
~ 609.323); owning, operating or managing a "disorderly house," in which conduct
habitually occurs in violation of laws pertaining to liquor, gambling, controlled
I substances or prostitution (Minn. Stat. ~ 609,33).
I Although its reach would be much more limited, the legislature should also
consider providing for forfeiture of property used to commit an obscenity offense or
. which represents the proceeds of obscenity offenses. Under the holding in Fort Wayne
Books, Inc. v. Indiana, such forfeiture could not take place, if at all, until it was provec
that the underlying obscenity crimes had been committed.
I
.e
I -27-
--
52( sa I
.-
I There are no comparable constitutional issues raised by enacting or enforcement
of forfeiture statutes based on violations of prostitution, gambling, or liquor laws. The I
legislature may require sexually oriented businesses which violate these laws to forfeit-
their profits. The Working Group believes that such an expansion of forfeiture laws I
would give prosecutors greater leverage to control the operation of those businesses
which pose the greatest danger to the community. I
RECOMMENDATIONS I
1. The legislature should amend the present torfeiture statute to I
include as grounds tor forfeiture all teJonies and gross misdemeanors
pertaining to solicitatIon, Inducement, promotion or receiving profit from I
prostitution and operatIon of a "disorderly house."
2. The legislature should consider the potential tor a RICO-like -
statute with an obscenity predicate.
-I
8. NUISANCE INJUNCTIONS .
-
Minnesota law enforcement authorities may obtain an injunction and close down I
operations when a facility constitutes a public nuisance. A public nuisance exists when
a business repeatedly violates laws pertaining to prostitution, gambling or keeping a
"disorderly house." The Minnesota public nuisance law permits a court to order a I
building to be closed for one year. Minn. Stat. ~~ 617.80-.87 (1988).
Nuisance injunctions to close down sexually oriented businesses which repeatedly I
violate laws pertaining to prosecution, gambling or disorderly conduct are potentially I
powerful regulatory devices. The fact that a building in which prosecution or other
offenses occur houses a sexually oriented business does not shield the facility from
application of nuisance law based on such offenses. Arcara v: Cloud Books, Inc., 478 I
U.S. 697, 106 S. Ct. 3172 (1986) (First Amendment does not shield adult bookstore
I
-28- -I
I
I "33/sa
I. from application of New York State nuisance law designed in part to close places of
I prostitution).
-
I Although the Working Group believes that nuisance injunctions with an obscenity
predicate would be effective in controlling sexually oriented businesses, such
I provisions would probably be unconstitutional under current U.S. Supreme Court
decisions. Six Supreme Court justices joined in the Arcara result, but two of them -
Justices O'Connor and Stevens -- concurred with these words of caution:
I If, however, a city were to use a nuisance statute as a pretext for closing
I down a book store because it sold indecent books or because of the
perceived secondary effects of having a purveyor of such books in the
neighborhood, the case would clearly implicate First Amendment concerllS
I and require analysis under the appropriate First Amendment standard of
review. Because there is no suggestion in the record or opinion below of
such pretextual use of the New York nuisance provision in this case, I concur
I in the Court's opinion and judgment.
I- Arcara, supra, 478 U.S. at 708, 106 S. Ct. at 3178.
In an earlier case, Vance v. Universal Amusement, 445 U.S. 308, 100 S. Ct. 1156
I (1980), the Court ruled unconstitutional a Texas public nuisance statute authorizing the
closing of a building for a year if the building is used "habitual[lyj" for the "commercial
I exhibition of obscene material." Id. at 310 n.2, 100 S. Ct. at 1158 n.2.
The Court's recent holdings in Sappenfield and Fort Wayne Books, Inc. give no
I indication that the Court wouid now look more favorably upon an injunction to close
down a facility which sold obscene materials. The Court assumed without deciding
I that forfeiture of bookstore assets could be constitutional in a RICO case. But, in
making this assumption, the Court distinguished forfeiture of assets under RICO from a
I general restraint on presumptively protected speech. The court approved the
reasoning of the Indiana Supreme Court that, "The remedy of forfeiture is intended hot
I to restrain the Mure distribution of presumptively protected speech but ~ather tc
disgorge assets acquired through racketeering activity." Fort Wayne Books, Inc. at
4185. The Court assumed that RICO provisions could be upheld on the basis that
I
.- -29-
I
~'f/~ -
.-
t "adding obscenity-law violations to the list of RICO predicate crimes was not a mere
I
ruse to sidestep the First Amendment.. Id. Without the relationship to proceeds of I
crime, a remedy which closed a facility for obscenity violations would be far less likely-
to withstand constitutional scrutiny. -
;'
RECOMMENDATIONS I
1. Prosecutors should use the public nuisance statute to enjoin I
: operations of sexually oriented businesses which repeatedly violate
laws pertaining to prostitution, gambling 1lr operating a disorderly I
house.
I I
i
III. ZONING
I Zoning ordinances can be adopted to regulate the location of sexually oriented -
I businesses without violating the First Amendment. Such ordinances can be designed -.
I to disperse or concentrate sexually oriented businesses, to keep them at designated
distances from specific buildings or areas, such as churches, schools and residential I
I neighborhoods or to restrict buildings to a single sexually oriented usage. Because
zoning is an important regulatory tool when properly enacted, the Working Group
I believes a careful explanation of the law and a review of potential problems in drafting .
zoning ordinances may be helpful to communities considering zoning to regulate
I sexually oriented businesses. I
[ I
I -
I I
I I
I -30- -.
I -
I 35/ sa
'. A. Supreme Court Decisions
I -
The U.S. Supreme Court upheld the validity of municipal adult entertainment
I zoning regulations in Younq v, American Mini Theaters, Inc., 427 U.S, 50, 96 S.Ct. 2440
(1976), and City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct. 926 (1986).W
I In Younq, the Court upheld the validity of Detroit ordinances prohibiting the
, operation of theaters showing sexually explicit "adult movies" within 1,000 feet of any
two other adult establishments.g/ The ordinances authorized a waiver of the 1,OOO-foot
restriction if a proposed use would not be contrary ,to the public interest and/or other
I factors were satisfied. Younq, supra, 427 U.S. at 54 n.7, 96 S.Ct. at 2444 n.7. The
ordinances were supported by urban planners and real estate experts who testified that
, concentration of adult-type establishments "tends to "attract an undesirable quantity
and quality of transients, adversely affects property values, causes an increase in
I crime, especially prostitution, and encourages residents and businesses to move
elsewhere. " .!.s!:. at 55, 96 S.Ct. at 2445. A "myriad" of locations were left available for
,- adult establishments outside the forbidden 1,OOO-foot distance zone, and no existing
establishments were affected. Id. at 71 n.35, 96 S.Ct. at 2453 n.35.
I Writing for a plurality of four, Justice Stevens upheld the zoning ordinance as a
reasonable regulation of the place where adult films may be shown because (1) there
I was a factual basis for the city's conclusion that the ordinance would prevent blight; (2)
the ordinance was directed at preventing "secondary effects" of adult-establishment
I concentration rather than protecting citizens from unwanted "offensive" speech; (3) the
ordinance did not greatly restrict access to lawful speech, and (4) "the city must be
allowed a reasonable opportunity to experiment with solutions to admittedly serious
, problems." Id. at 63 n.18, 71 nn.34, 35, 96 S. Ct. at 2448-49 n.18, 2452-53 nn.34, 35.
I ~/ The only reported Minnesota court case reviewing an adult entertainment zoning
ordinance is Ci of St. Paul v. Carlone, 419 N.W.2d 129 (Minn. Ct. App. 1988)
, (upholding faCia constltutlona Ity 0 t. aulordinance).
g/ The ordinances also prohibited the location of an adult theaters within 500 feet of a
'. residential area, but this provision was invalidated by the district court, and that
decision was not appealed. YounG v. American Mini Theaters, Inc., 427 U.S. 50, 52
n.2, 96 S.Ct. 2440, 2444 n.2 (1976).
I
-31-
I
?G/0 I
.1
Justice Stevens did not expressly describe the standard he had used, but it was I
clear that the plurality wouid afford non-obscene sexually explicit speech lesser Firsf
Amendment protection than other categories of speech. However, four dissenters and I
one concurring justice concluded that the degree of protection afforded speech by the
First Amendment does not vary with the social value ascribed to that speech. In his I
concurring opinion, Justice Powell stated that the four-part test of United States v.
O'Brien, 391 U.S. 367, 377, 88 S.Ct. 1673, 1679 (1968), should apply. Powell
explained: I
Under that test, a governmental regulation is sLIfficiently justified, despite its I
incidental impact upon First Amendment interests, "if it is within the
constitutional power of the Government; if it furthers an important or I
substantial governmental interest; if the governmental interest is unrelated to
the suppression of free expression; and if the incidental restriction on . . .
First Amendment freedom is no greater than is essential to the furtherance of I
that interest."
427 U.S. at 79-80, 96 S.Ct. at 2457 (citation omitted), (Powell, J., concurring). -,
Perhaps because Justice SteveQs' plurality opinion did not offer a clearly I
I articulated standard of review, post-Younq courts often applied the O'Brien test
advocated by Justice Powell in his concurring opinion. Many ordinances regulating
I sexually oriented businesses were invalidated under the O'Brien test. See R.M. Stein, I
Requlation of Adult Businesses Throuqh Zoninq After Renton, 18 Pac. L.J. 351, 360
(1987) ("consistently invalidated"); SA Bender, Requlatinq Pornoqraphy Throuqh I
I Zonino: Can We 'Clean Up' Honolulu? 8 U. Haw. L. Rev. 75, 105 (1986) (ordinances
upheld in only about half the cases). ,
I
Applying Younq, the Eighth Circuit Court of Appeals invalidated a zoning ordinance
I adopted by the city of Minneapolis. Alexander v. City of Minneapolis, 698 F.2d 936 (8th I
Cir. 1983). In Alexander, the challenged ordinance had three major restrictions on
I sexually oriented businesses: distancing from specified uses, prevention of I
concentration and amortization. It prohibited a sexually oriented business from
I operating within 500 feet of districts zoned for residential or office-residences, a church, ,
-,
I -32-
I ,
I "37/5?)
.
'. state-licensed day care facility and certain public schools. It forbade an adults-only
I facility from operating within 500 feet of any other adults-only facility. Finally, the
ordinance required existing sexually oriented entertainment establishments to conform-
I to its provisions by moving to a new location, if necessary, within four years.
The Eighth Circuit ruled that the Minneapolis ordinance created restrictions too
I severe to be upheld under the Younq decision. It would have required all five of the
city's sexually oriented theaters and between seven and nine of the city's ten sexually
I oriented bookstores to relocate and would have required these facilities to compete
with another 18 adult-type establishments (saunas, massage parlors and "rap" parlors)
I for a maximum of 12 relocation sites. The effective result of enforcing the ordinance
would be a substantial reduction in the number of adult bookstores and theaters, and
I no new adult bookstores or theaters would be able to open, the Court concluded.
Alexander, supra, 698 F.2d at 938.
I In Renton, supra, the United States Supreme Court adopted a clearer standard
under which regulation of sexually oriented businesses could be tested and upheld.
,- The Court upheld an ordinance prohibiting adult movie theaters from locating within
1,000 feet of any residential zone, single- or multiple-family dwelling, church, park or.
I school.
I Justice Rehnquist, writing for a Court majority that included Justices Stevens and
Powell, stated that the Renton ordinance did not ban adult theaters altogether and that,
therefore, it was "properly analyzed as a form of time, place and manner regulation."
I Id. at 46, 106 S.Ct. at 928. When time, place and manner regulations are "content-
neutral" and not enacted "for the purpose of restricting speech on the basis of its
I content," they are "acceptable so long as they are designed to serve a substantial
governmental interest and do not unreasonably limit alternative avenues of
I communication," Rehnquist stated. Id. He found the Renton ordinance to be content-
neutral because it was not aimed at the content of films shown at adult theaters.
Rather, the city's "predominate concerns' were with the secondary effects of the>
I theaters. Id. at 47, 106 S.Ct. at 929 (emphasis in original). Once a time, place or
manner regulation is determined to be content-neutral, "[t]he appropriate inquiry. . . is
, whether the. . . ordinance is designed to serve a substantial governmental interest and
,e -33-
,
38/~ I
.1
allows for reasonable avenues of communication," Rehnquist wrote for the Court. Id. at
50, 106 S.Ct. at 930. I
-
The Supreme Court found that Renton's "interest in preseNing the quality of urban I
life" is a "vital" governmental interest. The substantiality of that interest was in no way
diminished by the fact that Renton "relied heavily" on studies of the secondary effects I
of adult entertainment establishments by Seattle and the experiences of other cities,
Rehnquist added. Id. at 51, 106 S.Ct. at 930-31. I
The First Amendment does not require a city, before enacting such an
ordinance, to conduct new studies or produce evidence independent of that I
already generated by other cities, so long as whatever evidence the city relies
upon is reasonably beiieved to be relevant to the problem that the city I
addresses. That was the case here. Nor is our holding affected by the fact
that Seattle ultimately chose a different method of adult theater zoning than
that chosen by Renton, since Seattle's choice of a different remedy to I
combat the secondary effects of adult theaters does not call into question
either Seattle's identification of those secondary effects or the relevance of
Seattle's experience to Renton. -.
Id. at 51-52,106 S.Ct. at 931.
.
Rehnquist's inquiry then addressed the means chosen to further Renton's I
substantial interest and inquired into whether the Renton ordinance was sufficiently
"narrowly tailored." I
His comments on Renton's means to further its substantial interest suggest that I
muniCipalities have a wide latitude in enacting content-neutral ordinances aimed at the
secondary effects of adult-entertainment establishments. He quoted the Younq I
plurality for the Proposition that:
lt is not our function to appraise the wisdom of [the city's] decision to require I
adult theaters to be separated rather than concentrated in the same
areas. . " [TJhe city must be allowed a reasonable Opportunity to I
experiment with solutions to admittedly serious problems.
Id. at 52, 106 S.Ct. at 931 (quoting Younq, supra, 427 U.S. at 71,96 S.Ct. at 2453). I
-I
-34-
.
II 51/$l:J
,
II '
. As to the "narrowly tailored" requirement, Rehnquist found that the Renton
II ordinance only affected theaters producing unwanted secondary effects and, therefore,-
was satisfactory. Id.
I The second prong of Renton's "time, place, manner" inquiry - the availability of
I alternative avenues of communication -- was satisfied by the district court's finding that
520 acres of land, or more than five percent of Renton, were left available for adult-
I entertainment uses, even though some of that developed area was already occupied
and the undeveloped land was not available for sale or lease. A majority of the Court
found:
I That [adult theater owners] must fend for themselves in the real estate
I market, on an equal footing with other prospective purchasers and lessees,
does not give rise to a First Amendment violation. . . . In our view, the First
Amendment requires only that Renton refrain from effectively denying [adult
J theater owners] a reasonable opportunity to open and operate an adult
theater within the city, and the ordinance before us easily meets this
.- requirement.
Id. at 54, 106 S.Ct.at 932.
I
B. Standards and Need for le~al Zonin~
i
Unlike. Younq, the Renton case spells out the standards by which zoning of.
I sexually oriented businesses should be tested. Renton and several lower court
decisions rendered in its wake suggest that the two most critical areas by which the
i ordinances will be judged are 1) whether there is evidence that ordinances were
enacted to address secondary impacts on the community, and 2) whether there are
I enough locations still available for sexually oriented businesses so that zoning is not
just a pretext to eliminate pornographic speech.1 01
Ii 1Q1 Of 11 recent post-Renton adult-entertainment zoning decisions by federal courts,
five invalidated ordinances, three upheld ordinances and three ordered a remand
[I to district court for further proceedings. Zoning ordinances were struck in Avalon
Cinema Corp. v. Thom~son, 667 F.2d 659 (8th ir. 1987)( city council failed to offer
lie (Footnote 10 Con!Jnued on ext Page)
-35-
-I
n I
C-(o/~ .1
I This section fjrst describes some of the legal considerations which communities
must keep in mind in drafting zoning ordinances for sexually oriented businesses. .
Then, some suggestions are provided, based on evidence reviewed by the Working "
Group, of types of zoning which can be enacted to reduce the secondary effects of I
sexually oriented businesses.
I
1. Documentation to Support Zoninq Ordinances I
Sexually oriented speech which is not obscene cannot be restricted on the basis of I
its content without running afoul of the First Amendment. The justification for regulating
.
sexually oriented businesses is based on proof that the zoning is needed to reduce
secondary effects of the businesses on the community. I
!
,
" Since Renton, a number of adult entertainment zoning ordinances have been
,
p invalidated for failure of the enacting body to document the need for zoning regulations.
u Thus, one court invalidated a zoning ordinance because there was "very little, if any, -,
" evidence of the secondary effects of aduit bookstores. . . before the City Council. . . ."
"
.
r I
!
.
l I
[ I
r I
I .
I I
( I
-.
I
-36-
I I
-
I eft /sa
.
I. 11126 Baltimore Boulevard, supra, 684 F. Supp. at 895; see also Tollis v. San
Bernadino County, 827 F.2d 1329, 1333 (9th Cir. 1987) (ordinance construed to prohibit
I single showing of adult movie in zoned area; invalidated for failure to present evidence-
of secondary effects of single showing); but see Thames Enterprises v. City 01 St. Louis,
I 851 F.2d 199, 201-02 (8th Cir. 1988) (observations by legislator of secondary effects
sufficient) .
I On the other hand, it is not necessary for each municipality to conduct research
I independent of that already generated by other cities. The Renton court held that
evidence of the need for zoning of sexually oriented businesses can be provided by
I studies from other cities "so long as whatever 'evidence the city relies upon is
reasonably believed to be relevant to the problem that the city addresses." Id. at 51,
106 S.Ct. at 931. See also SDJ, Inc. v. City of Houston, 837 F.2d 1268, 1274 (5th Cir.
I 1988) (public testimony from experts, supporters and opponents and consideration of
studies by Detroit, Boston, Dallas and Los Angeles sufficient evidence of legitimate
I purpose).
.e The first section of this re port summarizes evidence from various cities
documenting the secondary effects of sexually oriented businesses. Following Renton,
it is intended that local communities will make use 01 this evidence in the course of
I assembling support for reasonable regulation of sexually oriented businesses.
I 2. Availability of LocatIons for Sexually Oriented Businesses
I Courts also evaluate whether zoning of sexually oriented businesses is merely a
I pretext for prohibition by reviewing the alternative locations which remain for a sexually
oriented business to operate under the zoning scheme. A municipality must "refrain
from effectively denying . . . a reasonable opportunity to open and operate" a sexually
I oriented business. Renton, supra, 475 U.S. at 54, 106 S. Ct. at 932.
I Access may be regarded as unduly restricted if adult entertainment zones are
unreasonably small in area or if the number of locations is unreasonably few. There is
~I no set amount of land or number of locations constitutionally required. The Renton
;1- -37-
(I
~~ --
<.fz.j c.p .
.-
court found that 520 acres of "accessible real estate," including land "criss-crossed by
freeways" -- more than five percent of the entire land area in Renton __ was sufficient. I
475 U.S. at 53, 106 S,Ct. at 932. The YounQ court found the availability of "myriad"-
locations sufficient. 427 U.S. at 72 n,35, 96 S.Ct. at 2453 n.35. I
Whether .058 square miles constituting .23 of 1 percent of the land area within the I
city's central business zone is sufficient is not clear. See Alexander v. The City of
Minneapolis (Alexander Ill. No. 3-88-808, slip op. at 22 (D. Minn. May 22, 1989) (less 1
than 1% of land area could be valid if "ample actual opportunities" for relocation exist);
Christy v. City of Ann Arbor, 824 F.2d 489, 490, 493 (6th Cir. 1987) (remanding for a
determination of excessive restriction). See also 1"1126 Baltimore Boulevard, Inc. v. I
Prince Georqe's County of Maryland, 684 F. Supp. 884 (D. Md. 1988) (20 alternative
locations sUfficient); Alexander v. City of Minneapolis, 698 F.2d 936, 939 n.7 (8th Cir. .
1983) (pre-Renton; 12 relocation sites for at least 28 existing adult establishments not
sufficient). .
The sufficiency of sites available for adult entertainment uses may be measured in -.
relation to a number of factors. See, ~, Alexander II, supra, slip op. at 22-23
(insufficient if relocation site owners refuse to sell. or lease); International Food &
Beveraqe Systems, Inc., 794 F.2d 1520, 1526 (11th Cir. 1986) (suggesting number of I
sites should be determined by reference to community needs, incidence of
establishments in other cities, goals of city plan); Basiardanes v. City of Galveston, 682 I
F.2d 1203, 1209 (5th Cir. 1982) (pre-Renton case striking zoning regulation restricting
adult theaters to industrial areas that were "largely a patchwork of swamps,
warehouses, and railroad tracks lack[ingJ access roads and retail -
- establishments").
However, the fact that land zoned for adult establishments is already occupied or I
not currently for sale or lease will not invalidate a zoning ordinance. Renton, supra, 475 I
U.S. at 53-54, 106 S.Ct. at 932; but see, Alexander II, supra, slip op. at 22-23
(reasonable relocation opportunity absent where owners refuse to sell or rent). There is I
r no requirement that it be economically advantageous for a sexually oriented business
- to locate in the areas permitted by law.
I I
- -.
l -38-
I .
I ~)/~
I~ 3. Distance Requirements
II Another factor that may be examined by some courts is the distance requirement.
established by an adult entertainment zoning ordinance. In SDJ, Inc. v. Houston, 837
II F.2d 1268 (5th Cir. 1988), the Court was asked to invalidate a 750-foot distancing
requirement on the ground that the city had not proved that 750 feet, as opposed to
I: some other distance, was necessary to serve the city's interest.
I: The Court found that an adult entertainment zoning ordinance is "sufficiently well
tailored if it effectively promotes the government's stated interest" and declined to
- "second-guess" the city council. Houston, supra, 83-7 F.2d at 1276.
I Courts have sustained both requirements that sexually oriented businesses be
.'- located at specified distances from each other, ~ Younq, ~, (uphOlding distance
requirement of 1000 feet between sexually oriented businesses), and requirements that
I sexually oriented businesses be located at fixed distances from other sensitive uses,
see Renton, supra, (upholding distance requirement of 1000 feet between sexually
.. oriented businesses and residential zones, single-or-multiple family dwellings,
,. churches, parks or schools).
I The Working Group heard testimony that when an ordinance establishes distances
between sexually oriented uses, an additional regulation may be needed to prevent
I, operators of these businesses to defeat the intent of the regulation by concentrating
sexually oriented businesses of various types under one roof, as in a sexually oriented
I mini-mall. The city of St. Paul has adopted .an ordinance preventing more than one
adult use (e.g., sexually oriented theater, bookstore, massage parlor) from locating
I within a single building. A similar ordinance was upheld in the North Carolina case of
Hart Book Stores, Inc. v. Edmisten, 612 F. 2d 821 (4th Cir. 1979), cert. denied, 447 U.S.
929 (1980).
I The experience with multiple-use sexually oriented businesses at the University-
* Dale intersection suggests that these businesses have a greater potential for causing
neighborhood problems than do single-use sexually oriented businesses. Following
i Renton, it is suggested that lawmakers document the adverse effects which the
ke -39-
k
.-
w/s> :
community seeks to prevent by prohibiting multiple-use businesses before enacting _
this type of ordinance. I
4. Requirinq Existinq Businesses to Comply with New Zoninq I
Zoning ordinances can require existing sexually-oriented businesses to close their I
operations provided they do not foreclose the operation of such businesses in new
locations. Under such provisions, an existing business is allowed to remain at its I
present location, even though it is a non-conforming use, for a limited period.
The Minnesota Supreme Court has explained the theory this way: I
The theory behind this legislative device is that the useful life of the I
nonconforming use corresponds roughly to the amortization period, so that
the owner is not deprived of his property until the end of its useful life. In I
addition, the monopoly position granted during the amortization period
theoretically provides the owner with compensation for the loss of some .
property interest, since the period specified rarely corresponds precisely to I
the useful life of any particular structure constituting the nonconforming use. .
Naeqele Outdoor Advertisino Co. v. Villaqe of Minnetonka, 162 N.W.2d 206,213 (Minn. I
1968).
Such provisions applied to sexually oriented businesses have been said to be I
"uniformly upheld.". Dumas v. City of Dallas, 648 F. Supp. 1061, 1071 (N.D. Tex. 1986), I
aff'd, FW/PBS, Inc. v. City of Dallas, 837 F.2d 1298 (5th Cir. 1988) (citing cases).
,
As detailed in the first section of this report (pp. 6-15), there are significant I
secondary impacts upon communities related to the location of sexually oriented
businesses. These impacts are intensified when sexually oriented businesses are I
. located in residential areas or near other sensitive uses and when sexually oriented
businesses are concentrated near ,each other or near alcohol oriented businesses. The I
[ Working Group believes that evidence. from studies such as those described in the first
section of this report and anecdotal evidence from neighborhood residents and police. I
[ .
l ~ I
[ I
I 4-s1 ~
I. officers should be used to support the need for zoning ordinances which address these
I problems.
-
I RECOMMENDATIONS
I 1. Communities should document findings of adverse
secondary effects of sexually oriented businesses prior to enacting
I zoning regulations to control these uses so that such regulations can be
upheld if challenged in court.
I 2. To reduce the adverse effects of sexually oriented
businesses, communities should adopt zoning regulations to set
I distance requirements between sexually oriented businesses and
sensitive uses, including but not limited to residential areas, schools,
I child care facilities, churches and parks.
1-. 3. To reduce adverse impacts from concentration .of sexually
oriented businesses, communities should adopt zoning ordinances '
I: which set distance requirements between liquor establishments and
sexually oriented businesses and between sexually oriented businesses
and should consider restricting sexually oriented businesses to one use
II per building.
I[ 4. Communities should require existing businesses to comply with
new zoning or other regulation pertaining to sexually oriented
I[ businesses within a reasonable time so that prior uses will conform to
new laws.
al
IV. LICENSING AND OTHER REGULATIONS
I[ Licensing and other regulations may also be used to reduce the adverse effects of
I[ sexually oriented businesses. The critical requirements which communities must keep
It- -41-
II
. .
'ibiS(:) I
.1
in mind are that regulations must be narrowly crafted to address adverse secondary
effects, they must be reasonably related to reduction of these effects and they must be I
capable of objective application. If these standards can be met, licensing and other-
regulatory provisions may play an important role in preventing unwanted exposure to I
sexually oriented materials and in reducing the crime problems associated with
sexually oriented businesses. I
It is clear that failure to act upon a license application for a sexually oriented I
business cannot take the place of regulation. Without justification, denial or failure to
grant a license is a prior restraint in violation of the First Amendment. Parkway Theater I
Corporation v. City of Minneapolis, No. 716787, slip. op. (Henn. Co. Dist. Ct., Sept. 24,
1975).
An ordinance providing for license revocation of an adult motion picture theater if I
the licensee is convicted of an obscenity offense is also likely to be held I
unconstitutional as a prior restraint of free speech. Alexander v. City of St. Paul, 227
N.w.2d 370 (Minn. 1975). The Alexander court stated: -.
[W]hen the city licenses a motion picture theater, it is. licensing an
activity protected by the First Amendment, and as a result the power of the I
city is more limited than when the city licenses activities which do not have
First Amendment protection, such as the business of selling liquor or running
a massage parlor. I
Id. at 373 (footnote omitted); ~ also, Cohen v. City of Daleville, 695 F. Supp. 1168, I
l 1171 (M.D. Ala. 1988) (past sale of obscene material cannot justify revocation of
license).
I I
I
I However, the courts have permitted communities to deny licenses to sexually
I oriented businesses if the person seeking a license has been convicted of other crimes I
I which are closely related to the operation of sexually oriented businesses.
,
[ In Dumas v. City of Dallas, supra, the court reviewed a requirement that a license I
applicant not have been convicted of certain crimes within a specified period. Five of
I
l the enumerated crimes were held to be not sufficiently related to the purpose of the
-,
I
-42-
I .
i
I '/7/SO
I ' adult entertainment licensing ordinance because the city had made no findings on their
.
I justification. The invalid enumerated . offenses were controlled substances act
violations, bribery, robbery, kidnapping and organized criminal activity. The court-
I upheld requirements that the licensee not have been convicted of prostitution and sex-
related offenses. Id. at 1074. If a community seeks to require that persons with a
history of other crimes be denied licenses, clear findings must first be made which
I justify denial of licenses on that basis.
I The Dumas court also invalidated portions of the licensing ordinance permitting the
police chief to deny a license if he finds that the applicant "is unable to operate or
I manage a sexually oriented business premises in a 'peaceful and law-abiding manner"
or is not "presently fit to operate a sexually oriented business." Neither provision
I satisfied the constitutional requirement that "any license requirement for an activity
related to expression must contain narrow, objective, and definite standards to guide
the licensing authority." Id. at 1072. See also Alexander II, supra, slip op. at 16
I (unconstitutionally vague to define regulated bookstores as those selling "substantial or
significant portion" of certain publications); 11126 Baltimore Boulevard, supra, 684
.e F. Supp. at 898-99 (striking ordinance allowing zoning officials to deny permit if adult
entertainment establishment is not "in harmony" with zoning plan, does not
I "substantially impair" master pian, does not "adversely affect" health, safety and
welfare and is not "detrimental" to neighborhood because such standards are "subject
to possible manipulation and arbitrary application").
I
A number of courts have upheld ordinances requiring that viewing booths in adult
I . theaters be open to discourage illegal and unsanitary sexual activity. See,~, Doe v.
City of Minneapolis, 693 F. Supp. 774 (D. Minn. 1988).
I Licensing provisions and ordinances forbidding massage parlors employees from
I administering massages to persons of the opposite sex have withstood equal
protection and privacy and associational right challenges. See Clampitt v. City of Ft.
Wayne, 682 F. Supp. 401, 407-408 (N.D. Ind. 1988) (equal protection); Wiqqiness, Inc.
I v. Fruchtman, 482 F. Supp. 681, 689-90 (S.D. N,Y. 1979), aff'd, 628 F.2d 1346 (2d Cir.
1980), cert. denied, 449 U.S. 842, 101 S.Ct. 122. However, some courts have found
I same-sex massage regulations to be in vioiation of Title VII of the Civil Rights Act of
I- -43-
I
10/ g). I
.1
1964. See Stratton v. Drumm, 445 F. Supp. 1305,1310-11 (D. Conn. 1978); Cianciolo
v. Members of City Council, 376 F. Supp. 719, 722-24 (E.D. Tenn, 1974); Joseph v. I
House, 353 F. Supp. 367, 374-75 (E.D, Va.), aff'd sub nom. Joseph v. Blair, 482 D.2cf
575 (4th Cir.), cert. denied, 416 U.S. 955, 94 S. Ct. 1968 (1974). Contra, Aldred v. I
Dulinq, 538 F.2d 637 (4th Cir. 1976).
Although the Working Group expressed strong conCern about the operation of I
prostitution under the guise of massage parlors, this type of regulation is not advisable I
because legitimate therapeutic massage establishments could find their operations
curtailed. Prostitution may be better controlled through prosecution and use of post-
conviction actions such as forfeiture or enjoining a public nuisance. I
In 1985, a court upheld an ordinance making it unlawful to display for commercial I
purposes material "harmful to minors" unless the material is in a sealed wrapper and, if
the cover is harmful to minors, has an opaque cover. Upper Midwest Booksellers I
Ass'n v. City of Minneapolis, 780 F.2d 1389 (8th Cir. 1985). Last year, the legislature
enacted a state law similarly prohibiting display of sexually explicit material which is -.
harmful to minors unless items are kept in sealed wrappers and, where the cover itself
would be harmful to minors, within opaque covers. Minn. Stat. S 617.293 (1988). This'
law has the potential to protect minors from exposure to sexually oriented materials. I
Communities also have considerable discretion to regulate signage so that the exterior
of sexually oriented businesses does not expose unwitting observers to sexually explicit I
messages.
I
RECOMMENDATIONS
1. Prior to enacting licensing regulations, communities should I
document findings of adverse secondary effects of sexually oriented I
businesses and the relationship between these effects and proposed
regulations so that such regulations can be upheld If challenged In I
court.
I
-44- -I
.1 I
I
I ~'1/~
I,e
2. Communities should adopt regulations which reduce the
II likelihood of criminal activity related to sexually oriented businesses,
including but not limited to open booth ordinances and ordinances -
I, which authorize denial or revocation of licenses when the licensee has
committed offenses relevant to the operation of the business.
I( 3_ Communities should adopt regulations which reduce
. exposure of the community and minors to the blighting appearance ot
I(
sexually oriented businesses including but not limited to regulations of
signage and exterior design of such businesses and should enforce
I) state law requiring sealed wrappers and opaque covers on sexually
oriented material.
II CONCLUSION
I,
There are many actions which communities may take within the law to protect
,-
themselves from the adverse secondary effects, of sexually oriented businesses.
I . Prosecution of obscenity crimes can play a vital role in decreasing the profitability of
I, sexually oriented businesses and removing materials which violate community
standards from local outlets. Forfeiture and injunction to prevent public nuisance
II should be available where sexually oriented businesses are the site of sex-related
crimes and violations of laws pertaining to gambling, liquor or controlled substances.
I[ These actions will remove the most egregious establishments from communities.
Zoning can reduce the likelihood that sexually oriented businesses will lead to
'L
neighborhood blight. Licensing can sever the link between at least some crime figures
and sexually oriented businesses. Regulation and enforcement can protect minors
~ from exposure to sexually explicit materials.
~ The Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses believes that prosecution, seizure of profits, zoning and regulation of
sexually oriented businesses should only be done in keeping with the constitutional
,e
-45-
I
SC>/st> I
, I
requirements of the First Amendment. Rational reguiation can be fashioned to protect .
both our communities and our constitutional rights. I
-
I
I
I
I
I
,
I
-.
I
.
.
I
I
I
.
I -46- -.
I .
1\ \ 1'i9S U~o..k t=C"'l C;+-'j- Mtorne;}So
I . -f)(J.h err
I,.: e> lira
I MUNICIPAL REGUlATION OF ADULT ENTERTAINMENT BUSINESSES
-
or
I WHATCHA GONNA DO 'BOUT DEM DIRTY BOOKSTORES!
.
.
I .
..
.. . ..
't.;:-,';,i ~ . . ,.,- .,.J_ .,_ .,;, ~', .';' ;:u
. . :.. ~:..... '~":i.;tll ,- '. . - ~i::; ~ ~1
; ~'l ;~: :.."J,.~ ..1 ",,'. . ?" ... . :~;, /.. .:) .}~'.
I .J;";~ ty;""
.e . ., , .~." ..<~:~_:!~:-:,~L
-, ;- - ,
, ...., .
....
. - . .: .5'.i: . '-f
.
. .
. ;;:::,; ';' .;,' ".
~':) .~. .:.
. . . - .
-.
I
Terry L. Adkins
I city Attorney
Rochester, Xinnesota
. (507) 285-8066
..
.1.-'
I
.e
I
2/~ ,.', I
.'.
r. Four generally-accepted principles of law (.
,
A. Activities occurring in an adult entertainment business I
are protected by the First Amendment and its provision
for freedom of speech.
B. A city must allow some reasonable opportunity for adult .
businesses to operate.
C. Adverse impacts (known in the trade as "adverse secondary
effects") resulting from the adult business provide a
basis for zoning regulations. The most common adverse I
secondary effects are increases in criminal activity and
decreases in property values.
D. A city can restrict the location of adult entertainment .
businesses if the city'S purpose is to minimize those
adverse secondary effects. Those restrictions can
address the location of adult entertainment businesses
with respect to other adult entertainment uses and I
special uses (such as churches, schools, and libraries).
II. Two Really Important U.S. Supreme Court Cases .
A. Youna v. American Mini Theatres. Inc., 427 U.S. 50 _ .
(1976).
1. Detroit enacted an "anti-skid row" ordinance C....
designed to prevent the concentration of adult .
entertainment businesses in any area of the city.
Detroit relied upon a study which found that the
concentration of these businesses "tends to attract I
an undesirable quantity and quality of transients,
adversely affects property values, causes an
increase in crime, especially prostitution, and
encourage residents and businesses to move else- I
where." The ordinance required a 1,000 foot
separation between adult entertainment businesses
and a 500 foot separation between those businesses .
and residential areas.
2.. The Court, i!1 a. plurality decision, upheld the
ordinance's constitutionality on the basis that
it's purpose was the avoidance of "adverse, I
secondary effects" rather than the suppression of
offensive speech.
3. The plurality decision noted that the ordinance was I
viewpoint neutral and addressed speech which was
"on the border line between pornography and
artistic expression" and thus entitled to less I
protection than political speech.
-.
2 l
.
1\
I ' " '3/ro
1 ~ B. citv of Renton v. Playtime Theatres, Inc., 475 U.S. 41
. (1986) .
, .
1. Renton, Washington enacted an ordinance prohibiting
I. adult motion picture theaters from locating within
1,000 feet of any residential area, church, park,
or school.
I 2. The Court upheld the consti tutionali ty of the
ordinance on the basis of a content-neutral time,
place, and manner regulation for two reasons.
First, the ordinance's purpose was unrelated to the
1 suppression of speech. Second, the ordinance's
purpose was to preserve the quality of life (i.e,
it addressed adverse secondary effects).
I 3. The standard of constftutional review for content-
neutral time, place, and manner regulations is
whether it serves a substantial governmental
1 interest and allows for reasonable al ternati ve
.. . ,_ . avenues of communication.
4. The Renton ordinance served a substantial
governmental interest because the city relied upon
1 ..." . other cities' studies showing adverse secondary
effects resulting from the location of adult
.. .. entertainment businesses. Renton was not required
_ . to produce its own study involving the adult
I . ". -.. businesses located within its boundaries. Renton's
1''' ..,.,"...: reliance upon other cities' studies was reasonable
''';::>S :'. and gave it a basis to enact the zoning regulation.
I .. - ~..:" 5. The Renton ordinance allow:ed ,for reasonable
alternative avenues of commun~cat~on. The effect
of the ordinance' was to limit adult theaters to
I about five percent of the city's total land area.
The City provided the adult businesses a reasonable
opportunity to open and operate an adult theater in
I the city.
III. Three Really Important Eighth Circuit Decisions Decided In
I 1994.
I A. Ambassador Books and Video v. Little Rock. Ark., 20 F.3d
858 (8th Cir.) cert. denied. 115 S.ct. 186 (1994).
1. Little Rock reviewed studies from other cities all
I of which showed an increase in crime and a decrease
in property values in areas where adult businesses
operated.
1 2. Little Rock adopted a distance ordinance requiring
750 feet separation from adult uses and other adult
. uses, religious facilities, schools, and
I residential areas~
I
. .
4/tp I
I
. .-
3. Court held that the ordinance served a sufficient (.
governmental interest by its reliance on other .
cities' studies showing that sexually oriented .
businesses have an adverse impact on surrounding
neighborhoods and by making available alternative
sites. I
4. Court found no problem with the absence of any
explicit evidence of actual secondary effects
resulting from these particular businesses. "This I
court has rejected the argument that adult business
ordinances must be founded upon local experience."
5. Court held that 97 av.ailable relocation sites I
provides reasonable alternative avenues of
communication.
~. . I
B. Holmbera v. citv of Ramsev, 12 F.3d 140 (8th Cir. 1993) .
' ,
cert. denied. 115 S.ct. 59 (1994) .
<-
'. ,,' .-- I
l. Ramsey, Minnesota hired a planner to gather and
..... . analyze relevant neighborhood impact studies and to
prepare a report. -.
2. Based upon the planner'S report, recommendations by
". the planning commission, and local public hearings,
city council concluded that adult entertainment (.
businesses would produce negative secondary effects
including increased crime, diminished property
values, and general neighborhood blight.
3. Ramsey adopted a distance ordinance similar to
Little Rock's ordinance, but with a 1,000 foot I
distance.
4. Court held ordinance was constitutional although
Ramsey could not show this adult business produced I
specific adverse secondary effects. The law
permits Ramsey to rely upon those studies Which it
believes are relevant. I
5. Potential relocation sites in accessible
commercially zoned areas provide alternative
avenues of communication.
c. ILO Investments v. citv of Rochester, 25 F.3d 1413 (8th I
Cir.) cert. denied. U.S. (1994) .
- -
l. Rochester, Minnesota reviewed other cities' studies I
and adopted typical distance ordinance in 1988 (750
feet separation). The ordinance defined "adult I
bookstore" as one in which a substantial or
significant portion of its inventory was devoted to
adult material. -.
4 (
I
I " s/~
' ,
. . ,.
I.
.
2. In 1992, a bookstore (with an inventory of 60%
.,
general bookstore reading material and 40% adult
material) opened up within 750 feet of the public
library. Bookstore claimed it was not an "adult
.' bookstore" as a substantial or significant portion
of its inventory was not devoted to adult material.
3. Bookstore challenges ordinance's constitutionality
I arguing city cannot rely upon studies of bookstores
which do not have a mixed inventory (adult
bookstores with non-adult material as well as adult
I material) nor on-site consumption (Le., peep
shows). Eighth circuit says "[t]hat is simply not
the law." Rochester need not show that this
bookstore "will likely have the exact same adverse
I effects on its surroundings as the adult businesses
studied by Indianapolis, st. Paul, and Phoenix."
4. Eighth Circuit found no vagueness or overbreadth
I problems with "substantial or significant"
...... .. language.
~l':
I ,Iv. ,_ Rumblings wi thin The Ranks; Lower Federal Courts Are Uneasy
.0". <,.with Commercial Viability of Alternative sites.
I/,e ' " ..- ,....
A. city of Renton requires zoning ordinance to allow for
\ "reasonable alternative channels of communication."
I L Renton's ordinance left 520 acres (5% of city's
land area) open to adult theaters. Land consisted
of significant accessibility to travel, but some
I parcels were occupied, none of the undeveloped land
was for sale, and the land was not "commercially
. . viable" for adult theaters.
. 2. Supreme Court said adult theaters "must fend for
themselves in the real estate market, on an equal
footing with other prospective purchasers and
lessees." city not required "to obtain sites at
I bargain prices."
3. Thus, city did not effectively preclude adult
businesses from operating.
I B. Woodall v. ci tv of El Paso, 959 F.2d 1305 (5th Cir. 1992)
amendina 950 F.2d 255.
I L El Paso's ordinance made available only 78 sites on
slightly less than one percent of city's total
land.
1 2. Fifth Circuit held that jury instruction concerning
alternative sites, which was based upon Renton, was
Ie in error. Instruction should have included
statement that "land with physical characteristics
5
I
----
rp/b .! 1
. .-
that render it unavailable for any kind of ('.
development, or legal characteristics that exclude
adult businesses, may not be considered 'available; ,
for constitutional purposes under Renton."
C. Grand Brittain. Inc. v. citv of Amarillo, 27 F.3d 1068 I
(5th Cir. 1994).
1. Amarillo made 63 locations available for adult _
businesses. Ninety percent were undeveloped and
without infrastructure and utilities. No more than .
five had existing structures and only two had
available bUildings. Most had electricity
available, many had ga:;; available, some required
water and sewer, ten had undesirable topographical I
problems, and one had no access.
2. Yet, the Fifth Circuit found that the city
furnished adequate alternatives. I
3. "Whether a particular business can succeed on such.
sites is not the question and it could not be."
4. "In short, city of Renton and Woodall ensure that
... adult businesses have access to a commercial real I
estate market, but do not guarantee that a specific
adult business can obtain existing commercial sites .
at low cost and with 'market' access to assure its I
prosperity." cr=
D. Topanqa Press , Inc. v. Ci tv of Los Anqeles, 989 F. 2d 1524 I
(9th Cir. 1993).
1. Rej ected Woodall's distinction between economic I
unsui tabili ty and physical/ legal unsui tabili ty.
Instead, court said property is NOT potentially
available when it is unreasonable to believe that I
it would ever become available to any commercial
enterprise.
2 . How do you determine whether property would ever
become available to any commercial enterprise? I
First, consider if it is "reasonably accessible" to
the general public. Second, check for "a proper
infra-structure" of sidewalks, roads, and lighting. I
Third, determine whether these are reasonable sites'
for some commercial enterprise (forget existing
warehouses, swamps, and sewage treatment plants). .
E. The "alternative avenues of communication" portion of
Renton appears to be traveling a bumpy road. Look for
adul t entertainment interests to spend more time I
litigating the commercial viability of a city's claimed
alternative sites. .
-._.~ C .
6
I
~ -
1 ~. \:'., . ~ flfLltCcy:;,"-ld1J' ~.25P
0 , 5' ---/?1..0( -Lf.L.....~
, ....{j)M~ -
1 v"~ g5 tJJ /;)- ;~/9()
. ' ,
1
I
I Municipal Regulation of
'Ad uIt Entertainment' Businesses
I by Curtis A. Wit)'nski
Assistant Legal Counsel
I The League staff regularly been expressly withdrawn by sec. of the barroom variety performed
receives inquires from local officials 66.051 (3), Stats.' as entertainment is a form of ex.
I seeking information on ways munic- Section 66.051(3) provides that pression entitled to protection under
ipalities can legally regulate "adult municipalities may not adopt or- the first amendment', this does not
entertainment businesses. B The term dinances that prohibit conduct mean that municipalities are power-
Uadult entertainment business" which is the same as or similar to less to regulate nude dancing in
I typically refers to bookstores, theat. conduct prohibited by the state ob- bars.
ers, bars and other establishments scenity law. The state obscenity law The U.S. Supreme Court has held
where activities such as the sale of defines the terms "obscene materi- on several occasions that state and
I . sexually explicit books, magazines al" and uobscene performance" local governments may prohibit
and videos or the viewing of sexual. and prohibits various acts relating nude dancing in establishments
ly explicit films or live perform. to any obscene material or obscene licensed to sell alcohol beverages
ances take place, performance. Sec. 944.21. The state under the broad regulatory powers
1 This Comment discusses six tech- obscenity law was recently held to bestowed upon the states by the
niques municipalities may use to be constitutional by the Seventh twenty-first amendment to the U.S.
regulate adult entertainment busi- Circuit U.S. Court of Appeals.' Constitution.' The Supreme COUrt
nesses. These techniques are as A county, unlike a municipality, has consistently concluded that the
1 follows: is authorized to adopt obscenity or- powers to regulate the sale of alco-
(I) prohibiting nude dancing in dinances. Sec. 59.07(64m). hol beverages, conferred upon the
bars; With this limitation on municipal Continued on next page
I (2) regulating the location of such authority in mind, let's now turn to
businesses through zoning; a discussion of six specific ways
(3) licensing adult entertainment that municipalities may regulate
businesses; adult entertainment businesses. I See Schad ~.. Borough of MI. Ephraim, 425
I (4) restricting their hours of 1. Prohibiting Nude Danci"g in U.S, 61. 101 S.C<. 1176 (1981). where th,
operation; Bars - The first regulatory option u.s. Supreme Court held that a municipal
(5) adopting health regulations to be discussed, adopting Of- zoning ordin;:mc~ which prohibited aU live
'applicable to such businesses; and dinances prohibiring nude dancing entertainment. including nude dancing. was
I (6) using the nuisance abatement in bars, is one which a number of unconstitutionally overbroad, Most recently
Wisconsin municipalities have used [he Seventh Circuit U.S. Court of Appe:lls .
procedures in ch. 823, Stats., to held that an Indiana public indecency Sla-
close adult entertainment businesses to regulate adult entertainment. tute, which on its race provided ror a total
I constituting a nuisance. While the courts have consisten;ly ban on nuditr in public places; was uncon-
held that non.obscene nude dancing stitutiona] as applied to prohibit nonobscene
Obscenit)' nude dancing of the barroom variety. The
As a preliminary matter, before coun noted. however, that the state could
rely on the twenty-first amendment to ban
I discussing the above regulatory op- I Section 66.05[(3) was created by [987 Wis- nude dancing. in bars. Miller v. Civil City of
tions, it should be noted that cansin Act 416. effective June Ii, 1988, See South Bend. 904 F,2d 108] OIh Cir. 1990),
municipalities in this state have no Powers 01 Municipalities 1822. which .....as . See Califonria ~'. LaRue. 409 U.S, 109
. authority to regulare obscenity. published in {he November 1988 issue of the (1972): Ne'" }'ork Slale Liquor Authority II.
Municipal authority to adopt and Munjdpl1lil~'. BelltJllca. 45:: u.s. 714 (1981); City of New.
I enforce obscenity ordinances has 1 Kllcharek I', Hanaway. 902 F,:!d 513 (7th porf, Kentllcky v, Jacobl/cei. Per curium. 479
Cir. 1990). U,S.9211986).
I 432 the Municipalily December _1990
----
'Z/~ I
'. I
states by the twenty.first amend. dary eifects on the surrounding .
ment. outweigh any first amend. community.
ment interest in nude dancing.! The Renton court held that
Wisconsin municipalities are ex~ Notice to municipalities may rely upon the ex- I
pressly authorized by sec. 125.1O( I) Attorneys perience of other cities in conclwd.
to prescribe additional regulations ing that adult entertainment
for the sale of alcohol beverages Th businesses have negative "secondary I
I which are not in conflict with ch. effects. II In other words, a munici.
, 125. Pursuant to this authority, pality. before enacting an adult en-
( therefore, municipalities probably tenainment zoning ordinance, need
may adopt ordinances prohibiting not conduct new studies or produce 1
nude dancing in establishments evidence independent of that aI-
I licensed to sell alcohol beverages.' ready generated by other cities, "so
However, municipalities that long as whatever evidence the city
adopt ordinances banning nude relies upon is reasonably believed to .
dancing in bars should make it clear be relevant to the problem that the
in their ordinances that they are city addresses. "9
proceeding under sec. ] 25.10(1) to In addition, an adult entertain. I
regulate the circumstances under ment zoning ordinance must, in
which alcohol beverages are sold order to pass constitutional muster,
and are not attempting to regulate leave open adequate alternative
obscenity. avenues of communication. In other I
2. Regulating tbe Location of words, municipalities must refrain
Adult Entertalnment Businesses _ from adopting zoning ordinances
A second way municipalities may that in effect deny persons a
regulate adult entertainment busi- reasonable opportunity to open and I
nesses is to restrict the location of operate adult entertainment busi-
such businesses through zoning or- .i5~. neSSes within the community.1O
dinances which disperse them ~ii~ 3. Licensing Adult Entertainment. I
throughout the community or con- Businesses - A third technique
centrate them in a particular area. feet of any residential zone, single. municipalities may use to regulate
There are two landmark V,S. adult entertainment businesses is to
Supreme Court cases upholding the or multiple-family dwelling, church, require that such businesses obtaln I
constitutionality of zoning restric- park or school." The ordinance in operating licenses. The courts have
tions on the location of adultenter- effect restricted the location of held that municipalities may adopt
I tainrnent businesses. adult theaters ro a 520 acre area wi. ordinances which require adult en-
In the Young decision (1976)', the thin the city. tertainment businesses to obtain I
I Supreme Court upheld the constitu- The Young and Renton decisions operating licenses as long as the
tionality of the city of Detroit's established several constitutional licensing requirements are narrowly
I zoning ordinance which prohibited guidelines which municipaliries must railored to further a substantial
locating an adult theater within follow when adopting adult enter- governmemal interest unrelated to I
I 1,000 feet of any two other "regu- tainment zoning restrictions. the suppression of protected expres-
lated uses' (e.g., adult bookstores, To begin with, the purpose of the sian.11
hotels, morels, cabarets featuring zoning ordinance must be to control Continued on next page I
nude dancers, bars) or within 500 the "secondary effects" of adult en-
feet of any residential zone. tertainmenr businesses rather than
Most recemly, in the City of Ren- to suppress sexually explicit expres-
Ion caSe (1986)' the court upheld a sian. HSecondary effects!> usually . Ciry of Renton, supra. 475 U.S. at 51~S2. I
municipal zoning ordinance which associated with adult entertainmem " for more in{ormadon on adult entenain-
prohibited the location of adult mo- businesses include urban blight, ment zoning regulations see P. Rohan. Zon-
tion picture lheaters "within 1,000 neighborhood deterioration, in. ing and Land Use Controls, sec. 11.01, c[
creased crime, lowering of adjacent seq. (1990), I
property values, loss of retail estab- II S.ee Genusa Y. Ciry of Peoria, 619 F.2d
lId, 1203 (7th Cir. 1980); Suburban Video, Inc,
. Sce LicenSing and Regulation #362, which lishments and similar problems. v. CilY of Delafitld, 694 F.Supp. 585 (E.n.
was published in [hc October 1987 issue of Prior to adopting an adult enter- Wis, 1988). where the District Coun uphdd .
Ihe- Municipalily. tainment zoning ordinance a the constitutionality of the Cicy or
municipal governing body must en. D~latield's ~duh ~nten:linmem licensing OT-
, Young Y. Amuican ."dini Theatres, Inc., din."" beeau,e i, eonHi,u<ed . nmowly .
427 U.S. 50 (]976), gage in legislative fact-finding which IJilor~d means or furthering the city's sub.
. City of Renron II. Playrime Theatres. Inc.. establishes that adult entertainment stJnlial jnt~rest in sanit.J.tion and protecting I
475 U.S. 4] 119861. businesses have undesirable secon- .J.gainst the spread of ArDS.
the Municipalily December 199{1 433
I
-
I - 3/S-
1 , "
. DOT License Program III Legal
I icipal officials should be commercial motor vehicle oper Commept
at on January I, 1991, must. starting January I, 1991 pro- from page 433
ortant aspectS of the com- vide their prospective employ s
I mercial ver license program im. with a history of their empl rnent A municipality may subject adult
plemented 1989 Wisconsin Act as a commercial motor ve Ie oper- entertainment businesses to a licc:ns~
105 take ef t. ator. Sec. 343.245(20(c). ing requirement only when the
I In addition administrative rules In addition, Strict alco licensing ordinance provides nar-
necessary to a inister and enforce age restrictions on com row. objective and definite stan-
the commercial iver license pro. tOr vehicle operators t dards to guide the licensing
gram which bave een promulgated January 1, 1991. authority.l~
1 by the Department f Transporta- Beginning on that ate, cammer- In Genusa v. Ciry of Peo,ia", the
tion (DOT) are anti ated to take cial motor vehicle erators (includ. Seventh Circuit U.S. Court of Ap-
effect January I, 199 ing drivers of fire ucks) in peals held invalid a provision in
As of January I, 19 , employers possession of alc 01 while on duty,. Peoria's licensing ordinance which
I of commercial motor ve 'ele On duty within hours of consum- provided that an adult entertain-
drivers, including munici ities, ing alcohol or aving any measured ment business license may not be is-
will face new responsibiliti . These alcohol conc (ration above zero .~-_'>~ sued to an applicant if the applicant
1 responsibilities include: must be im ediately ordered out at "is a person who is not of good
(1) Before hiring a new emp ye service fo 4 hours and issued a 0-.- moral character and reputation in
to drive commercial motor vehi s, tat ion of 10. Sec. 346.63(7). -".-,,:':::
employers must obtain the perso Furt ,as of January I, 1991,-:';::: the community in which he or she
resides.' I
I employment history. No employer any p on convicted of driving a ..
may hire as a commercial motor ve- com rcial motor vehicle while The Genusa court held that the
hicle driver an applicant who re- a g a blood alcohol concentra, .,.. provision standing alone, without
- fuses to provide the required t of .04 or more will be disquali-" any standards, gave city authorities
I information. Sec. 343.245(3)9a), from driving commercial moto'r', an overbroad discretion to impose a
Stats. ehl es for one year. Sec. '..",',"', prior restraint on protected speech.
(2) No employer may, as of Jan 346, 3). In addition, an adult entertain-
ary I, 1991, knowingly allow an Fin , in light of the new
1 employe to operate a commercia responSl 'Iities employers of com- ment licensing ordinance must, in
motor vehicle when the employ mercial tor vehicle operators face order to pass constitutional inspec-
A. Has had his or her co beginning nuary I, 1991, munici- tion, place limits on the time within
cial driver license suspended palities migH want to consider par-. which the decisionmaker must grant
I voked by any state; ticipating in T's employer or deny the license."
B. Is subject to a 24- notification pro am. Sec. 343.245 In City of Dallas", the U.S.
.of-service order in any 5t (3m). For a fee e loyers will be Supreme Court held that the city's
I C. Is disqualified fr able to register the ame of an em- adult entertainment licensing or-
ing a commercial vehie ploye with the Depa ent. DOT.," dinance was unconstitutional be-
343.245(3)(b).) will then notify the e loyer ."~'. ,,,'" cause it did not provide an effective
(3) No employer m . employ per- whenever a conviction suspen- limitation on the time within which
I sons ~ commercial olor vehicle sian, revocation, cancel1 'on, dis- the licensor's decision must be
drivers who are ad cted to the use qualification or out-of-se ce order Conrinued on next page
or Intoxicating liq r or controlled is recorded on the driving: cord of
I substances. Empl 'ers will have a the employe,
right to make th determination. For more information on OT's Il See 6.otif: World News of Appleton v.'
Sec. 346.64, employer notification progra con- City of Appleton, 482 F.Supp 1220 (E.D.
Wis. 1980), where the coun hdd that an Ap-
Drivers of c mercia!" motor ve- tact Ms. Jennifer Liddicoat at 608) plelon ordinance, under which the common
1 hicles will, of ourse. also face new 267-9558. council denied an aduh bookstore owner's
responsibiliti beginning January I, For a more detailed discussio of application for licenses to operate 12 adult
1991. the commercial driver license pr film.viewing machines. and which COl1taincd
no standards whatsoever governing issuance
As of th date, drivers of Cam- gram see the Legal Comment in e or licenses. was unconstitutional because it
1 mercial V Ides must inform their April 1990 issue of the Municipal acted as a prior restraint on the owner's ex.
employe and the DOT of any Iy, Also, technical questions regar ercise of his first amendment rights.
. state m ing violations and any ing the licensing program may be 1I 619 F.2d 1203.
I licens uspensions. revocations or directed to: Atly. Joseph :Vlaassen, "FWIPBS. Inc. v. City of DoJJas,_
cane ations. See. 343.245(2). Also, Omce of General Counsel, DOT, u.s. _. 110 5.Ct. 596 (l990).
persons seeking employment as (608) 266-8810. .- "id.
1 434 the ~unicip:llily December 1990
~ I
- '1/~
'.
,
'. I
I made, Although the Dallas or- ne5ses is to restrict their hours of dinances typically indude the fol.
dinance provided that the chief of operation. lowing requirements: (I) individual.
I police must approve the issuance of Although I could not locate any
motion picture viewing booths must I
j the license within 30 days after Wisconsin cases or 7th Circuit deci. be without doors and the occupant
I receipt of the application, the sions on this regulatory option, visible, (2) only one person at a-
t license would not be issued if the other authorities suggest that time may occupy a viewing booth,
, premises were not inspected by the municipalities may adopt ordinances (3) walls separating booths must be .
I health department, fire department regulating the hours of operation of free of holes. cracks Or other open-
and the building inspector. adult entertainment businesses when ings through which persons in ad.
r Since the ordinance did not set a adequate justification for such time joining booths could engage in
time limit within which the inspec- restrictions exist (i.e., when sllch sexual activity, (4) each booth must 1
tions must occur, the Court found restrictions advance substantial be kept dean and sanitary, and (5)
that the Dallas scheme did not pro- governmental interests not related minimum lighting requirements
vide for an effective limitation on to censorship)." must be maintained. I
the time within which the licensor's In a fairly recent case the Fifth The courtS have consistently up-
decision must be made and there- Circuit U.S. Court of Appeals up- held the constitutionality of such
fore allowed for indefinite post- held the constitutionality of, a City health or "open booth" regula-
ponement of the issuance of the of Biloxi, Mississippi ordinance tions. Recently the 7th Circuit U.S. I
license. which restricted the hours of opera- Court of Appeals upheld an or-
Finally, a municipal adult enter- tion of "regulated uses" (e.g. adult dinance designed to curtail anony-
tainment licensing scheme must aiso entertainment businesses) to the mous high-risk sexual activities and
provide the opportunity for prompt hours of 10 A.M. to 12 midnight, the spread of AIDS, by regulating 1
judicial review in the event that the Mondays through Saturdays, and the design and structure of adult
license is erroneously denied. City required such regulated uses to re- entertainment businesses. III
of Dallas, supra. In City of Dallas, main dosed on Sundays." The ordinance prohibited patti- I
the Supreme COUrt held Dallas' The COUtt conduded that the or- tions with holes designed to en-
licensing ordinance unconstitutional dinances time of operation restric- courage sexual activity between
for the additional reason that it tions were not in violation of the persons on either side of the parti-
failed uto provide an avenue for first or fourteenth amendments be- tion and required that booths used . .
prompt judicial review." It cause they furthered a significant for the viewing of motion pictures
In Wisconsin a statute exists community interest (Le., the welfare have at least one side open to an
which provides applicants for of municipal neighborhoods) and adjacent public room so that the in-
municipal licenses with the oppottu- did not constitute a broad ban on side of the booth remains visible to I
nity for prompt judicial review of a the availability of sexually explicit persons in the public area.
license denial. Chapter 68, Stats., speech throughout the community. A City of Delafield "open
the municipal administrative proce- Municipal officials should be booth" ordinance similar to the one
dure act, provides a procedure aware, however, that at least two upheld in Berg was recently found I
whereby any person having a sub- state supreme COUtts have reached constitutional by a federal district
stantia! imerest which is adversely the opposite conclusion and held court. H
affected by a municipal admlnistra- that municipal restrictions on the Piease turn to page 439 I
tive determination, including the hours of operation of adult enter-
graming or denial of a license, may tainment businesses were uncon-
obtain review of the determination. stitutional because the regulations 10 See Capitol A10vies Inc. v. City of Posscic.
Persons aggrieved by a municipal did not further a legitimate govern- 194 N.J. Super. 298, 476 A.2d 869 (App, I
! administrative determination may mental inrerest. It Div. ] 984) (ordinance limiting the showing
Q("X4ta[ed" movies to [he hours of 7:00
initially have the decision reviewed 5. Health or uOpen Booth" P ..\1. 10 midnight muck do.....n as unconstitu-
by the decision making officer, em- Regulations - An additional donal where ,here was no evidence that there I
ploye Or body. Sec. 68.08 thru method available to municipalities was any legitimate governmental interest
68.10. Aggrieved persons may then for regulating adult emertainment which might be advanced by the restriction);
obtain judicial review of any final businesses is to adopt ordinances Pf:ople v. Glaze. 27 CaUd 1141, 614 P.2d
291 (l980) (Los Angelcs ordinance requiring
municipal administrative determina- which regulaee the physical layout closure of adult motion picture arcades be. I
tions. Sec. 68.13. of such establishments for health tween 2:00 A..\1. and 9;00 A.M. struck. down
4. Restricting the Hours of Oper. and sanitation purposes. as unconstitutional since lhe time restriction
ation of Adult Entertainment Busi. Such health and sanitation or- could not be justified by government lmeresr
nesses - Another way in pre\'enting masturbation or by [he limited I
number of police available during [hat time,)
municipalities might be able to II See P. Rohan, Zoning and Land Use Can- lO Berg l'. Health and Hasp"al Corpora/ion
regulate adult ~ntertainmenr busi- IrO/, sec. ] 1.02( I} (1990); :\kQuillin. Mun, oj.Harian COLlI1lY, Ind., 865 F,ld 797 (7th .
Corp., sec. 2.UZJa.15 (Jrd Ed.l. Cir. J9R9l.
,. Star Saul/ile, Inc. I'. City of Si/oxi, 779 :t Suburban Fidt'o. Inc. I'. CiIY 0/ Df:lafi~/d, .
t. /d., at 606. f.2d 1074 (51h Cir. 1986). 69~ F.Supp 585 (E.D. \\'is. 1988).
the Municip~Ii!)' December 19.90 435 I
~
I .' "' 5/S
'. .-
-- ~~' I
I - , . .
!11 Legal In a recent case, Starf v. Pan- judgment obtained under the Wis-
no," the Wisconsin COurt of appeals ccosin nuisance statutes did not vio-
I Comment upheld a one year closure judgment late the adult bookstore owner's
from page 435 under [he \Visconstn nuisance sta- free speech rights under either the
[ute against an adult books[Ore Wisconsin Constitution (art. I: sec.
where unlawful sexual activity was J) or the federal Constitution.
I 6. Closure of Adult Entertain- taking place on the premises, The The COUrt of appeals, relying On
ment Businesses Whkh Constitute case arose when several persons a U.S. Supreme Court decision up-
Nuisances - Finally, a sixth way in were arrested at a Kenosha County holding the closure of an adult
I which Wisconsin municipalities may adult bookstore and eventually con- bookstore pursuant to a New York
I regulate adult entertainment busi- victed for fourth degree sexual as- nuisance statute similar to
nesses is to use the public nuisance sault and lewd and lascivious Wisconsin's", concluded that the
statute, ch. 823, to seek closure of conduct. free speech guarantees of the Wis-
I adult entertainmem businesses Within 60 days of the convictions consin and federal Constitutions
where illegal sexual activity takes the district 3rrorney's office issued a "do noc extend to closure sanctions
place. summons and complaint alleging imposed against a bookstore on
Section 823.09 provides that any that the bookstore was a nuisance nuisance grounds..':~
I person who maintains or uses a and requesting the court to't:njoin Conclusio" - The above discus-
building for "the purpose of lewd- its operation under secs. 823.09 and sion should make it clear that
ness, assignation or prostitution" is 823.10. The trial COUrt concluded although Wisconsin cities and vil-
I guilty of a nuisance (emphasis ad- that fourth degree sexual assault lages are prohibited from regulating
ded). If a nuisance as defined above and lewd and lascivious conduct obscenity, there are a number of
exists, the district attorney or any constituted offenses of ulewdness" other methods available to validly
citizen of the county may maintain within the meaning of the nuisance regulate adult entertainment busi-
I an action in circuit court to abate statute and that the convictions for nesses.
the nuisance. Sec. 823.10. this conduct were sufficient proof For more more information on
Furthermore, the conviction of of a nuisance per se under sec. some of the regulatory options dis-
any person of the offense of lewd- 823.10. The COUrt enjoined opera- cussed above see the League legal
I ness. assignation or prostitution tion of the bookstore for one year opinions cited in this Comment.
committed in the building is consi- pursuant to sec. 823.13. The League has sample adult enter-
dered sufficient proof of the exis- The proprietor of the bookstore tainmem zoning, licensing and
tence of a nuisance in the building and the owners 0 f the property "open booth" ordinances on file.
I in an action for abatement com~ upon which the store was located The League also has available upon
menced within 60 days after the appealed the judgment enjoining request sample ordinances prohibit-
conviction. Sec. 823.10. If the exis- operation of the bookstore for one ing nude dancing in bars,
I tence of a nuisance is established in year. The Wisconsin court of ap- (Powers of Municipalities ~
an action under sec. 823.09, or in a peals held that the one-year closure #g37 and #83g)
criminal proceeding, an order of
abatement closing the building for
I up to one year may be entered as a :J People ex rei. ArC'ara v. Cloud Books,
part of the judgmerit in the case. l: 151 Wis.2d 819. 447 N.W,2d 74 (0. App. Inc., 4i8 U.S. 697 (1986).
Sec, 823.13. 1989). :. Panlfo. 447 N.W.2d al 79.
I
,
Ii BARK
Get Your ~
I Genuine WASCO
& DRESSER Haulpak RIVER ~
PARTS it DRESSER.
I at... Culvert & Equipment Co.
HAtlLP AI(
. TRUCK
I uu eu.IRE .. _ l1i-~S.S1S1 M"CISON..., ...~1n..c111 CR((HIUY .. .H."~S."lI Mtl.WAUK(E. ...U.44105-4'-Q SlIHR10R ..71i-Jt1.11U
I the Municip:llilr December 1990 439
-
I ~~~ D 18
I ~/~ _
I
I :'.~.,'" ~// "eO ,
.".',' ._.- :i.'/~-'..- .,' ,~ '_ g f"re So \
.....,..._ -...--,.~-.... ~". '., "l _ j, I ~
'-"- n~, '_""',n~ "n~ t"'." ",,1.1f18 '~:B~ri~~~~""y'
I d I . - . .... ~ " . 5"W"
Aut U,ses',Neither.Die ...J / ,1118
"~ 'noiiFacleAwa . -- ~ : f(1
I .J ......... ""'--",,-_. ..,.... y ~ ."
," - .' '.'. . ..:.~__ -........:..=---. ~..'5! ~ r_ ~ ",:
-~-f, -'~BYJi:n~S;h~ab ""
f:~:j:-; "'.~~'-" t~i ~t ,I - ..
I '}tY. ,.,;,;.-:.~~ -..;J.t~ _ i;jl~~'! ~t
_ . -,-. .. n ..~'
II ~. ")0__-...,"-. '. .~,.
~~ '. ~ :;:.~~.~.~ :,', ~~ t~_- .~
'ii-' , if _.,~
t T _
I ' 1
'~"'j'.~
~~'-~.,
f -' - ,
'.... )."
'-..1 ---0' ,',..:;
~ .~
'Q;) -...
. -! ---"
--- - f '--
"""(.:'.
. '. ---
..... ::i3iP'
..:~~.::::...,... .
I
~- -~ -.0:---
I A man with a fancy car-[h~ kind worthy of the most Korber's operation. however, is I;:ompararivdy modest. In
precise: anemian co detail-flashes his membership card Staten Island, New York, and Fort Lauderdale. Florida, car
I and enters an exclUSive car wash. Scamily clad young w~bes h:lve feacured (Opless anendams. A J:lcksonville, Florida,
women armed with hoses and towels take over as he gers our, car wash features nude :mendams. Angry residents succeeded in
:lnd for 520 he watches as they polish and shine his Lexus to dosing the Staten Island facility ffilO years ago, then focused their 'j
perfection. wrath on the advertising sign chat ic left behind. The ongoing
1 [s this service or emenainmem? In the case of Richard tension berween new manifestations of adult entertainment and
Korber's Bikini Car Wash on Chicago's North Side, the city's neighbors who are less than amused indicates that the regulation
revenue department deemed ir encenainmenc. Almost as soon as of adULt uses is an issue thar just will not go away.
1 he opened the establishmenc last New Year's Day, he was
informed rhar he needed an amusemenr license if he =nred ro Backlash In the Big Apple
keep the establishment open with bikini-clad attendants. It Wd..S On September 17, the New York City planning commission is
not Korber's only due that such a business might encounter scheduled to voce on a proposed new ordinance for r(:gulacing
I opposition. Last November, he was shouced down by prmesters adult Wes. Its recommendation will then go co ~he cicy council,
when he tried (0 explain his new enterprise during a community where substantial support makes it highly probable that some
~cing ac the Irving Park Lutheran Church. And in March, ordinance will be approved soon, although ~he council may
~n he: sought an emergency order (0 enjoin che cicy from make minor changes.
I . ~oncinulng to block his dTorts (Q open [he:: nc:w business, a The proposalls the end product of an initiative b.unched last
~edc:r:l! judge simply ordered the (\'0'0 parcies (0 "resolve this year by Mayor Rudolph Giuliani in response to a public
busine::ss dispute" themselves before returning (Q court on April backlash against the protlfer:Hion at such businesses, noc only in
I 5. Ev<nruJlly, however_ Korb<r was abl< to open his faeiliey. highly visible Tim<s Squar< bur n<ar resiJenriJI,r<" of
-"2/3 I
Sue:",: CuliJboratlng wi,h the city pl.nning Jeparrment. Huw mueh .,pac, IS enough to a(commu".," .lJuit bu.""e'.b " , I
Clullanl Issued a 65-page proposal last Scpci::mber ihar Without lewng chern overrun {he:- communicy-or bc- perceIved
recommended prohibiting sexually orience'd businesses from as doing so! That concern arises from J. series of U.S. Supreme #
locJ.ting wichin 500 feet of residences, schools, houses of Couct cases that arc worth reviewing bridly.
worship, or each Other. Giuliani also proposed a morarorium, Ultimately, the line of relevanr cases goes back to Young v. I
which ends Noyc::mber ..30, on the opening of any new aduIc Amaican ,Wini Th~l1trtJ. Inc., 427 U.S. 50,95 S.Cc, 2240
businesses while [he proposals were being considered. City (1976). The city of Detroic became concerned in (he early
council president Perer Vallone soon produced a separate 1970s about the rapid growth of adult bookscoces and chearers
proposal, and borh mer Co work ouc a compromise chat has in depopulaced and riot.dc:va5cJ,tcd areas. From JUSt cwo such I
become che basis of discussion by che ciry's 36 communicy businesses in 1967] Derroit by 1972 counted 35 copless bars, 25
boards chroughouc this year. adult cheare-rs, and 2 I adult bookscores, many dusce-red on
While their recommendations have varied, chey have leaned major choroughfares. To cope wich this influx, the cicy passed
heavily coward cightening the proposed n:scriccions, in some an ordinance: that defined adult bookstore. adult theater and I
cases co I ,QOO feet. The final proposal, however, stands by the minithearcr, and Group "0" cabarer, added rhese co che list of
5DO-foor spacing. Marilyn Mammano, the cicy's direccor of regulated uses, and prohibited them from locating within 500
zoning and urban design, says chis plan provides for 492 feet of residences. In addition] adult chearers could not (ocate I
locations citywide for adulr businessc:s. She noces thac tightening within 1,000 feet of any CWo orher adult escablishments. Two
~he rules further might jeopardize ~he constitutionalicy of the adulr theaters chaJlenged the ordinance: and, in one case, the:
proposed ordinance by making it too difficult for adult uses to federal district COUrt struck down the spacing requirements.
find suitable locations. The proposal also would limit the size, Detroit responded by amending the ordinance to prohibit I
placement, and illumination of business signs On adulc location within 500 feet of a residentially zoned area. In the
eS(ablishmencs and limic them ta 10,000 square feet. It also o,her case, however, ,he Six,h Circuit COUrt of Appeals S(ruck .'
would require exiS(ing nonconforming businesses and signs ta down the emire ordinance. }l,
terminare within one year, wirh certain exemptions and In a ,consoIidar:d appeal, ,he U.S. Supreme COUrt held rhat 'jf; I
eXCenSlOn procedures. . '. Deeroer s zoning dtd noc totally suppress rhe opporrunlty fat :~
InterestIngly, of rhe 1 n eXISting adult bUSInesses, 26 would free expreSSlOn of che type found In adul, cheaters and,.~
be permimd to continue in their present locacions, 17 of rhem therefore, the zoning was valid. Moreover, it sanctioned rhe ~'I
in Manharran. Overall, abour 11 percem of rhe city's land area discinct c1assifiCltion of adult chearm wichin the zoning AI-
would be available for adul, USes, but the spacing tequiremenr.s ordinance as a special type of regulared land use. Deeroit~;".
would limic thar area in Manhattan to 3.9 percent, with higher succeeded because ic convinced the COUrt that che .:"':i'
percenrages in the four orher boroughs. concenrmion of rhe regulared land uses posed a specific rhreat " .
of det.-:rioration to surrounding properties. . .':"-.,
Shifting Gears In Columbia In subsequenr years, a plethora of communities narionwide i:,
While New York City has debated its proposed new ordinance, sought ro copy Dettaic's ordinance, assuming it was rhe magic
Columbia, South Carolina, has both appealed the rejection of bullet thac would deter me concenrration of adult uses while I
its ordinance and adopc.-:d a new one co take its place. This dual passing constitutional muster. The Achilles hed for many was a
stance has left the city in a precarious legal position as it seeks to failure to consider a significanc foomote in the Young decision:
respond to public conc.:rn abouc four adult businesses, two near I
residencial areas. The situation would be quire different if the ordinance had the
A previous ordinance requiring l,OOO~foot separation of dFect of suppfl:.s.sing. or gread.r r~strjcting acce:s to, lawful
I 'fi h h ks speech. Here, however. [he DIstrict CoUrt speCIfically found that
adu C encerpnses rom c urc es, schools, par ,day care centers, _L d' d <<.c . f" hi' h
. . . . Ule or mantes 0 nor acrect Ule operation 0 exIsung esu JS .
and resldennal neighborhoods was overturned In seate COUrt. men~, but only the location of new ones. There are, myriad of I
Circuit Judge Walcer Bns~o~ ruled early last year rhac the, 10Cltions in the cicy ofOmoit wbich mUSI be over 1,000 feel
ordinance dTectIvdy prohlblted such bUSInesses from locatIng fcom existing regulated cstablishmems. This burden on First
anywhere in the dry. Two dubs-Chippendolls, which features Amendment rights is slight. (427 U.S. at 71, foornote 35)
nude dancing, and Chasers' Mags-N-Mixers-had been ordered 1
to close. The city had madded its ordinance on that of The upsho, of che foornore was a strong hint rhac no specific
surrounding Rkhland County, bue the councy has far more land spacing requiremenr would pass muster as such, bur that the
available under such n:scrictions. The cicy is now appealing its real issue was whether the spacing requiremenr-or any ocher I
case to the South Carolina supreme COUrt. method of res~ricting the location of adult uses-allowed
In (he meantime, however, it had an unenforceable adequate locarional opportuniries for adulc uses so as nor to
ordinance. While the cicy planning departmcm recommended suppress protected free expression.
loosening ,he resuierion, co 750 feet, the planning commission Over the nexc deCIde, many citie.> rhac had adopted what I
last December went furtherl recommending 500 fecr, slightly Were, in effect, copycat ordinances encountered constitutional
more than one city block (450 feet). The cicy council adopted difficulties in court, often seeing entin: o~dinances struck down.
the ordinance on January 18. Unlike in New York, however, che Ofeen, the simple reason was chat their ordinances, unlike rhat .
planning depmmenr will no, reveal the number or location of in Deeroic, bad left no adequare room-and in some cases no. ~\ 1
available sites this new rule crear.-:s, cicing the Current !itiO'::lrion. room at all-for adult uses to operare an)"Nhere within me .;L~
0- . ......"J
jurisdictionallimjrs. The issue finally came: to a head once ag:un ....:.
Location, Location in CiryofRmron v. Playrim< Th,arm, Inc., 475 U,S. 1132, 106,
,\Iammano's concern about ,he constirutionality of the New 5.Cc. 106 (1986). Renton, , Seacde suburb, had stared<ts,;;i} I
Yotk Otdinance rda,es ro.. tricky issue ofba1an~e ,hat has findings of porenr;al bligh, on rhe basis of a Searde study that ..:.-'~,
plagued many commun"'es across the counery In recene years: led to an ordinance substantially ddferenr from the one adopted '.:e.
,~;\:>:
.,'.",'0... I
2.~
I 3/3
."
I ,"
.
in Renton. The Renton law tended co concentrate adulr although [he diviJing line: chere has noc always been so clear.
.facilitieS by forcing chcm to (oc:uc at lease 1.000 feet from any The most essential poim is [hac a communicy muse make
I rcsidenrial zone, family dwelling, church. park. or school. clear char its mocive does nor involve any suppression of free
t' Two issues faced Reneon: whether its reliance on Seattle's speech and does nor aim to inAuence: (he coorene of any
fLndings was proper and whether its zoning allowed adequ:uc communicacion. Derroic and Renton both succeeded in pare by
available land for adult uses, The Supreme Court sided with the docum<<:nring a harm co the: cornmuni[f chat w:tS directly
I cicy on the firH coune, deeming its rdi:;mce on Se:mle's study .ddressed by rhe specific eypes of regularions .dopted, The
reasonable under the circumstances. Moreover. the Court ruled constitutional value of such d. justification is jUSt.as important in
that because Renton's ordinance left some: 520 acrcs, or five percent today's cases as it was 10 or 20 years ago. ~:
:-,
of rhe ciey's I.nd area. .vailable for .dult uses, it did "Ot h.ve the Finally, dear and concise definitions are at least.as important 5.
I effect of supprtlSing protected expression. Rejecting the logic of the in regulating adult uses as they are with any other rype of
appeals court that had overturned the ordinance, the Coun: found I.oning. Definitions chat can be tOO easily incecpreced to include
immaterial che fact that some of rhe 520 acres was alretdy occupied nude paintings in a legitimate- art gallery. scxually explicit I
I or tOO i:::xpensivc, becausc "'we have never suggested that the First language in books and movies with significant literary contcnr
Amendment compels the government to ensure that adult theaters or social commentary. and other free~ranging <<loose cannons"
alld orher kinds of speech-related businesses, for thac matter, will will invariably face stiff legal challenges for good reason.
be able to obtain sires at bargain prices." In short. once a .community has decided to scay within me ,
I Spacing is not, of course, the only way to achieve-or avoid- consdtutionaJ boundaries in establishing its zoning, .
the effect of providing adequate land where adult uses arc draftsmanship is crucial to success in regulating adult WC5.
allowed. Its primary value in most cases is the dispersion of adult
uses, but some cities prefer to isolate such uses in particular areas
I of the city. Madison, Wisconsin, recently chose chac alternative permaiority
with a new ordinance that simply allows any adult entertainment
establishment to establish itself as . permitted use in the M I le5 Get Mixed ,.
I limited manufacturing district. Such establishments arc defined port
as <<an adult book store or video store or an adult motion picture
theacer: and all terms are defined fairly specifically. I[ should be , ('NO governments in fast growing metropolit
noted, however. that courts have not been sympathetic to conside requiring supermajority votes for changes
I .municipalities that offer industrial districts that pose serious lOning 0 . fiances. One adopted its use by one VOt
access problems. In the pre.Renron case of Basiardann v. City of rejected ch idea by the same narrow margin.
Galvmon, 682 F.2d 1203. 1209 (5th Cir. 1982), . federal Metro- e County, Florida, commissione
) appeals coure struck down an ordinance where the district was Ie on Aptil 4. 1995. The law
I "largely a patchwork of swamps, warehouses, and railroad tracks . call for a two-thirds vote i ad of a simple
. . lack[ingJ access roads and retail establishments." majoriry to app YI: zoning changes in their l$tricts. To do
Even reasonably clear definitions will not avert all legal that, however. a missioner must prese " substantial
encanglements. Madison is in coure with one establishment that competent cvidenc that the change w d pl.ce an
I maintains that it is not covered by the definition but refuses to "unreasonable bued " on schools, ro . or parks in the .
divulge its sales or inventory figures. .according to planner Brad discrict. The law is d ned to make easier to block.
Murphy. The issue is whether the store can document its claim construction in crowde eighborh cis.
that selling or rencing adult videos is merely an accessory LJse In the following wee heate ebate arose in the local
I and not its primary business. media beC"Heen me law's sp .sor igud Diaz de I. Portill.,
and groups that oppose it, su [he Latin BuildctS
Basic Principles Association and the Builders dation of South Flotida. The
I The Eundamencallegal issues in regulating adult uses arc not builders claim chat the new I ffectivdya moratorium on
nearly so difficult for most planners and zoning officials as the new construcrion, and they Out the pocencial for abuse.
polirial ones-dcaling with the community pressures to shut Diaz de I. Pottill. defe by indicating that its goal
down existing or block pocential sexually oriented businesses. is managed growth, not growth. also offered planning
I Community groups orren demand more regulation than is likely department figures tha ow a 1 G-year pply (at current" rates if.
to pass consricurional muster when the owners of such of purchase) ofappro 1 zoned, buc as un built housing t
businesses inevitably challenge overly restrictive ordinances. units in Dade Coun . He defended his 0 motives by 'i
I Allowing adequate available land for such uses is just one issue, rcviewing his recor upporring numerous eloprnent projects i
but it happens [Q be one that still forces many communities to in the couney and s consistent support for r onsible, people-
defend themselves in court. sensitive de."do ent. In an April 20 Miami -aid article,
Ie is particularly important to distinguish between pa.tently Diaz de I. Po . J. wrotc, <<I have worked diligen to reform f,
I illegal sexual activities ;rod those that fall under the protective the zoning pr ess so that parents, families. stude . workers, f
cover of free speech. For example, many communities allow and ordina csidems have che same access and in t on zonIng
massag-= parlors only as accessory functions to other permitted decisions che powerful special interests." Despite strong
eses, such as hotels, health clubs, and the like, in part because of belief in e new law, Diaz de 1a Portilla tried to placa the ;
,
I historical links between such activities and prostitution. ~ppos n by inrroduc"ing a.bill to define more dearly ~
I Moreover. massage is not free speech and enjoys no protected unr on.ble burden.
expression, unlike films, books, and ocher media of expression n June: 6. che Merro-Dade commission reconsidered ~
th:H may conrain explicit sexual material. Furthermore, it is also at a highly charged meeting actended by many suppOHe ,.
I cleaf that pornography or obscenity is noc protected speech, detractors of [he controversial ordinance. Homeowners c d i'
3
I
I City of Arden Hills
I Investment Portfolio Analysis
I October 31, 1995
-
:@@~~h~W:rt~;f.tn~:m't~iRr .-....', "'>KWtHt~tMMH tdMCiiHJi{{:~iHWill~J';;; ",: :iMW .m,K....':., :~~tHH<nt~ n.::, 5H{ mmlWar;~i'wn:
I Monev Market Accounh (MMA) I
4M (Mn Municipal MM Fund) 51,208,788 51,924,511 51,235,517 51,067,259
Norwest Funds (U.S. Govt. Fund) 53,923 54,360 6,181 6,208
Paine Webber (Cash Fund) 14,199 14,315 904 0
I Piper J affray (Money Mkt Fund) 641 647 0 0
Smith Barney Shearson (Daily Div Fund) 12,197 20,222 36,350 43 126
Total Money Market 1,289,748 2,014,055 1,278,952 1,116,593
% Of Total 15% 22.2% 30.8% 19.6% 17.5%
I I
fixed Rate Instruments fFRn i
,
Hart I Raymond James (Govt Bonds) 400,000 400,000 I 400,000 01
4M I Dain Bosworth (CD's,Govt Bonds) 800,000 900,000 , 1,000,000 1,300,000 I
I Norwest Invest Services (Govt Bonds) 300,000 300,000 i 500,000 1,200,000
Paine Webber (Govt Bonds) 489 124 489,1241 300,000 0
Piper JatIray (Govt Bonds) 0 0 300,000 i 1,105,00~1
Smith Barney Shearson (CD's,Govt Bonds) 810,000 810tOOO 1,105,000
I Total FRI 2,799,124 2,899,124 3,605,000 3,605,000
'%OfTotal ,65% 48.3% 44.3%' 55.2% 56.6%
Mutual Funds I
,
Piper J affray (Instit Govt Income) 524,3261 510,611 01 0
I Less: Valuation Reserve * N/A 69,91 O. O'
Total Mutual Funds 524,326 440,695 i 0 0
% Of Total 0''10 9.00/" 6.7"/0 0.0"/" 0.0%
I . Zero CouDon Ins.'b11ments (ZF.ROS) 688,903 '
4M1Dain Bosworth (Agency Strips) 0 190,000
Piper Jaffray (freasury Snips) 299,103 299,103 498,903 0
Smith Barney Shearson (FDG, TV A,CA T) 886,513 886,513 886,513 886,513
I Norwest tnv Services (CD) 0 0 71,152 71,152
Total Zeros 1,185,616i 1,185,616 1,646,568 I 1,646,568
% Of Total 20% 20.4% 18.1% 25.2% 25.9%1
I Total Investments 100% 55798814 539 490 56 530 520 56 368 161
~ Reconciliation of 1995 YTn Chan!!e:
I 10/31/95 Cash & Investments Balance $6,368,161 M1\1A's (5897,462)
01/01/95 Cash & In vestments Balance 6 539.490 FRI', 705,876
Mut Funds (440,695)
ZERO's 460 952
I Portfolio Increase ( Decrease) (5171,329) (5171,329)
** Net Investment Income $225,234
I Net Checking 1196 565)
(5171,329)
I .. As a result of the yearend 12/31194 external audit examination,a "mark to market" adjustment
was booked and was adjusted accordingly to reflect the future market value oCthi! investment.
** Excludes impact of reversing 12/31/94 accrued interest (S29,143) and 1995 interest
I income accretion from zero coupon instruments.
I . 95PORTFO
rev 111395 dls
I
1!oJ ~ 1 III 0 O~!F' I.~ ~ ~~~! '~'~1 ~ r -~ ~1~010 ~1~'01~ 1Il;.I;~IN,0~!,"1 .
,~ .... <:> = ....:i ...~.. ~N..,.,~, ',.,.....1._, <n r-- '..., ....,~...~ ..~.~. I~..._,.... ,,~..,... .,~..,...o ~.:.o. ,_.
. ..; .~. Ill..... ,,,", ,'0 '0 ,'0 Ol> ';\O_'<;JCl '0'" ~ Co on..... :......_,.... ........ '00:.... _'.~~\Q'
";." I o' 001'" ..-"""" ,""~ 0'" ~~-""~'~"~"~""~"" .M".N....._..'._j.N...""'"
-"'1:< 0' Q=-oO IlOQO.O 00"'" c= ....O<"'I....Q\.Q\.,'<I-OI.\lO.O_I.O.I.....-=O.Oj
~ ,-, .......1 N ........M I.... --,....., N N .., N .... .....1- .... ..... -.... -. ".N ....' . 'N 0\ :::::
~~ '~~~I~ .~7~ ~~ ~~, ~ .......,... t"',.,'...............", ~.
ZI::.:;:, . .'1.... :':',.,-;1: .._...... ...._.. ~
~.~ " .", ", t
\Q .... 'II!:I:l I"l =;Il <::0 00 0:::. <:> <:> <;> 00 <:> -= <:> Q <;> 0 Q 0 .0'0 00 01= <:> <:> <:> <;> .., ..... on.., "'1<1\'1"- 0\ <:>.... '0..... Q:l'O ....
'"l J:": ": ~ -'<Il ~ ~ <:> Q Q 00 e: g ~ 0:;> Q 0 gl~!~ = '=! <:?: -= <;> on ~ 00 <=: <=: <=! II',! -; ~I"'! ... '"':! oc '>CI ~ II',! ....1<>= 'Cl '" I;IC'J a:
C ,;;;~.:;:-g :!.~. ~,~;;:-~ ~ ~.~~~-~ ~ ~'~!;<:I'; ~.~ ~~I~ a ~ ~.E G.~,~-, ~ ~I'~':~ ~6 ~ ~ ~i~1~I'~'~I!'!1 ~.. '" I
~~_\O ..._ \o\QN\O~"'....N\oQ\..."''''~....'''~\O\O\O'>CI...'''........r--I\O 0.0\0'110.......0...01...."'.....0\ '" ~
:Ne:!::g ;::;: ... ,....... ..... ............... :::: ;;::;1- ........ .... ~ ~ N
~'.'~, ' , ~ I ~ ~
~:~' I I I I -< I
~,u "I;
1:-' I I.. I I' :ri
"'.... <>.. ........" .. """ .. ".."........"" -:>.. '" ".........."...... Q"" Q '"
1;;<::;,::: if. ;,:: $- "$. ~ ~ :;,;: ;,:: #- <f. "$. :;,;:;,::: ;;:. *";;:: 'it ;;::;;:: :;';:,:;';: :;,;: ;;;::: ;;:: :;,;::;,;:;;::;;::;t}" ;;::1:;';:;;:: if.:;,;:;;:: ;;<::1;;::: ;;:: ;;:: :;,;: ;;;: :;,;: ;;:: <
pf::' ~ ~ ~:!::g :!::G ~ ~ ~ ~ ~ ~ ;;; ~ ~ ~ ~ :s g;: ~I~r~ ~ : ~ ::'!: ~ ~ ~t::::~ ~ ~:; ~;;; ~ ~I~ ~ ;::: ~ ~ :g ~ ~
~.::a<'fi...=;,..;...;:;.n! ..o..o..o""':-.i'<:i-.i..o..o..o-.i'<:ii.....;.....;..;.ltilfi..o.o..o..o'-":O:-:O;-:.,;..o,'Ci >tiO:-:..o'..-;O;-:...=;O;-:oiiLti..;oiioc.,.;....,. :: I
~l~ ' < i I Ii", =9
- '" I" ,..
->,,~ I
" ~~~~~ 01'0000000'0'0000000000000001010"; ~1~o~I~~o~'OOO~~!'!l~ ~
,','" ~ ~ ~ OC!:~ ~ ~ ~ ~ 0: -==:! <=! ~ 0: 0: ~ q 0: 0: 0: 0:'0:10; q q q q 0: 0: qlO:~1 0: Of:! ~ "": ~ q ~Ia=: 0: ": ~ ~ 0: "": a=: '0
~:~~~S ,:s:sggggggggggggggggggggggggg ~~~~:~~~ga~;;;g~ ~ ~c
""""....0:--...............,.- =ooooo=ooooO==OQQoooooO-=OOQ ..,.......,l-.....-<<IQo""'.........OO>.tl....
:S'r;i::I~-'\i'~..1 "" g.g":g',~",, g,g.gg:li,r."j"jggg:lir,,'" ~ "jg.:2.... i~ ~IS1~ :l:,:;; &lllii":;; :li;:'I~.,"'.....1 ~1 ~ I
~ ~.. i ::: ........... ,-...., ........ <"l ...... r- ..., .... ........., ""i..... ..., M ~~ ~ ............ ...... ...:: -l
ti ~ .. " '-'!I ,foil r.o'l ~
;:; .' ' , I' , , , . ,;' " ... ~ I
I I . .;>
I I I ',0
. S
" 1 'oo '~j -==-:
'~,.:.';l... ' ' 'I Eli I i.~'I' ~ I
~g~ .' ,I' 'I I' ,', ....
;;.; !! ;t;t
o z" ' 'I "'...
en:;"...,..'. I, i i "'~ I
~ O~< ~ " . ~ ~>,g
..... IJo 00:,0 '" , Ii I g
== E--< -l4"';" - I......
z ~ on :>
"O~ '" ' :.
~;:2 ' I ' I' J 1',',,"....,., I
~ ~ '" I , Jj . I Iii'
0" , I'! ~' " .
E--< " , .
>< (I'j I:: ~ ":, i I: -/'
f-o ';:.:: 0 I:: II:: ~ ',," , _
U- >- ',' 1 '. .1 c . .. ~. "..,...., ..
Z "'", ','" 0 ~ _ 0 ::> <::J "~::>'_',': r ..::;
- .. ' , ~ i u "0 I "" . ." il. ,J. I~..!'~ '
e = 'g'". '#- '. .~' ~ ",C. ~ d did 'g 'ii'd U d ~ , . _ ~ xOi ~ '" I
'~~"-'. ;;;!l "'e ldo I~Oi>-., ::'#-'#-I"U~~ :e~,J,... '" i;l
-" ~"", :;;; - ...." ",' ~ "0 ~ 11110 ~ . ~ ~ ~ 2, :; '"
z: ~ :'11.2 ;:,.... -0( P=I ::g N .. ft u U ~ ~ -< ~ ~ g S ~I>,g ~ t'- ;; ::; S ~,:g ~- b '1
E-o .;::,'~:;; A "b c;; >,g A,:,( '" ;; ~ _ O.~.~ ~ ....IU.e. 0 A .- ~
~':;:i~'~~~'!':, '~~"~_:;;;,,~..,,._.'::r":;; ;"~CCC ~:"g!;:,,:;:'" z' :'if;!
~l '" '" 1;;1 1:'0: ~::. <>,0 i:: ": >,g 1l .,~ ",::: J:::; ~' '" . 0'\ ",,",0 "E.o I . , . . ~ _ ..... 0
Zl._ ._ ~I Q F ~ ~ 8 -0 ~r _ "C .. ~ .. .:: "',:,( 'P=I;;:: '<:! ~''''l, ""~'~ .ill ;;:: ~!:'-< ..... 0 :2
., ., ~,40 ~, .. IE! M --' oil .... ~ I:: Ult'- "';: c'''= ... ~ '" ~ t'- P=I . f'l ;; .... ~'~ '" ....
-,'='= I:: "".....~ '-0 (,o'IC"_ ,,~......,.,...,.... """'''''''''.' . '""
- - -' ,Z .. S --j... c -( ;...,.,.. 5!..... ._ -= _, '" " ._ :;: ..,...,. ..,. c t:: __ ,... __ __, !"" '" Q:
. . -. ;>- ,- 0" ;""0 -, Vl ......;...;>-.- "'iQ:l ...... "".... "'" .. U;... ....;...;...1 0 ... ~
~ ~ <::J :C:::, ..ciul~.:.::;;;:: ~ Q:l ~ ~ &l "z .. ;: .: 3.~i2i -= :E ~ VI f--o,~~'S- b ~ >$-
z z E "Vl Sf- '=:::........:l -e' .. ';; l' ;; tl :;::.i~d~l>-< >-< ;>- h:l r-' ~ ~:. X 0 Z
Q Q:l -< '" ~ rn III III .l:::!: <l;I rn = .:: _.~ ... OIZ:::: ::c e.... ~ rnlrn...... "" I::!<
'h .,. L.. -. ,_ J............, _.... .',.... .., I
Il'<l;' ......1'''''''..,...,., '; .. , "0"0-:';' "O"C"=I"=I ..".. .... :5;.::
~' ~ ~...::; "" Q - _010 Q .c = -, A 0:::::::;; C,- Q _ _ >-<
?- ,~ ~ ~ ~ U 8 i: ELu UrU ::> 0 ~ie u e 8 13iu 0 " 0, Oie; Q';;t U i i: A ~
e-<;.' I ~ ~ ,! = = P=I P=li iQ:l1 ~ 0 I
~.~ ~ ~ ~'~ - ..'~'... .. ... .. ~;.. ... ... _I.'..... .:... . ... .. . _ .1.. :~
&1~ ;...!;... i>< i><;"';... e::;... ;;.oj;...;..;..;...;;.o;;. >t::!;...,;...;"';...;"';... ;"'i>~;;' 2i -(
:~:'Q ......,..... I(l "'''''..; ""..,..,...,., or;:;1 'I'l It'l,....., "': '" ~ "',"""" 'I'l Z ~
... ZA
~t'" , "".onion.,.,' .., '" >,g \0 \OI~ t'- t'- t'- .....'t'-!t'- t'- <;10 <;101<;10 Qo '" '" C\ C\ c\ '" Q Q Q -<t ~
~,"~ ~ ~ ~ $ $ ~ ~ ~ $~ $ ~ ~ $ $ ~ ~,~'~ ~ ~ ~I~i~';a-~ ~ Z ~ ~ >-<
o:~ ~ ~ ~I~ ~ ~ ~,~ ~ ::;:::::::::' ~., ~ :: ~I:::::"!::.'!:! ~:::: ~ ~ ~ ,::!::::!:,!:,! ~
"' '" 0 0 O~ N ~~ ~ ~ ~ ~I~'~I~ ~ _ ~,~ ~ ~ ~,~ ~ ~ ~ ~ ~ N ~ ~i ~ ~ I
b' e"'" ..... -..... ..... .....10 Q 0 ..... ~ Q 0 0 0 .......... -= -= 0 0, <010 0 -= 0 ...... 0,0 J ~
...::'" " , ...z
',~.. , . , ,'i 5~
tL ~,~ ~ ~I ;;:; ;;:; '$. ~,~j~ ~ ~ g; ~ g;~;~ ~ ~,g ~ ~ ~ ~ ~ ~J~ ~ ~ ~
I.;:;".'" ;; ;;:;;;;' '~,~ ~ 8';;'::,:: ~I~ ~;; ~ 11 ~:::;;f11 <l :g';::';::';;I'~;; "'1;::1,'. I
...,r:- -. __1__'__ ..,.., -- --.... --,-' -. '" -- -- -..., -- -- -- -- --.... --.'-. -. -- -- ----.
u~ooo,-= ........~"'o...."''''~~Q_.....<;1O'''Of'l.,.,'''t'-I.....~........>,g~
'"",,'"' - - ..... .... .... ... 0 0 ..... ..... 0 Q 0,0 .... .... _ <;> 0 .... 0 0 0 0 0 Q .... <;> <;> 0:
S"" i': ,. :
'" . I I, , I
I ' I' I
I "I ,""" ~ !I" I" II -
~I ~ ~i~ & Jj I
G 1 .. >-< 'S .. .. l] n i ~ ~ .. ~ t"'.. !l OJ .. ~ t' -EI'E ~
= :: -< ;.. ;;:; c:: ;.. ;..;.. c:: c c c ;>0, cl = ;>- e: = 0 c "'10 -< .
. ;;... ..c;;= ........ =....=.....~. ... ""\rl
~ ~,"I:l ~ '" b 'T;: 'T;: .... '" '<:l ~ '" ... .... ... '"=' '" '" '" ... ~I....I '" III .... '" 1il .., '" ~I! " ~ ~ I
::( ~ ;; i ~:~ I,~ Ji 11 ~ ~ ~ ~ j] i ii ; ~I~ ~ ~ ~ li ~ ~ i ~ ~ ~ ~ ~ ~:-: r ~ ~
' 0 '"'" e ..." ~ ~ e ." '" . e e e" . ~ . ,," e ~ ~ e " ~ . . , ." _ _
I::!<::;~;" e ~ ::;::::;:: 0 EI~I~ S " " 0 ~ IS S S s;::;:: " == e 0 c S,;; == ;; ;::;. > ;>
L~ ~I~,z ~!~I ~ ~ '" ~,~,..;Jz z z,~ ~ ~ ~ ~,~ Z ~ ~z~,~J~ C C ~ I ~ 2 I
. .
. ACTIVITY SUMMARY
~
-
.
I CITY: ARDEN HILLS
DA TE: OCT. 6, 1995
. SUMMARY: Most reported incident are down from' the previous month. One exception is
criminal damage to property, specifically to motor vehicles. This was the only city in our contract
. group to show an increase. Cases related to these incidents are still under investigation,
I
.
.
. .
.
.
.
I
I
I
.
.e .
.
-- ----
'" 0> i@ '" g ~I~ !~ >P '" ~I!I"I~ I~ zl;>I"'Ii"il~ II 10 ;3,
0", 0- 00 Z 00
"'> m (1)' "'z <n<n m (1)1= "'0 ::0 o;U) 'IV) >10 cIOI>- .., I~
> r "U,D!Z >0 00 OI::::iC, i~ Gl C r", /,,, Oi~iD I~ /' -no 0,;;: ~ I :;::
r<n rim -
-1<'01'" ' I I' _ '" r I !m m>- I <n I'" '" " Ir" ~Im 0 9r i ~ t"l
"m'" iS2l(J) <: <> '0 ::! ::! m o- m
1:il12 ~i~ ~ '" I~ I " ~~ rZ ml'~
'" ~i<n <n" I~ u; 0 '" '" ;:
ml~IC, Cr z '> , "
It)i-i "" " > " ~I~ In it i" , ~;o iiZll ~ <:
z 0 I 0 r m ~ 'n (to ~ t"l
,,0 I (to 0 0 IE 'n mo " ~ I
-< C IQ '" ..; , m '~ 0
z ":: m~ zz ,= I~ o:z 'I::l I '~ 0
'" 0'" q z,-< ..,
<n 0 -< I > >
'" "z '" I~ '3
<n zO :"l , ...
, .
z I I I 0 !E
, , " t;
i 1 ; ~
I , I
i ! , , '" <:
i I '"
, I I ..; - .
, I .., >
, , ,
121~1[ ........ Ii ,'.,. I j.1 ..... i:51: 'ZOLNO ~ ~i Ii:!:
" ~ '" It"l
~ '" "
~ 0 ....~ 0 .....~ "'.... 0 ....... 0 ~ '" I",
1 I I I '" > .
s: ~
t'" m
!i Ie: co --- I~ ,< < " ' il 1< ,- z ~
.'n..),i 1< .... ~ '" -<
.... <. ..,.'.' !Lc w 1< <D '" ~ I .
!,.., n .....,N'" '"0 '"
'" ! 0> O"""tv;tov 0 0 N -;
I I I I , I i " c::
i ~ ~
I I I 0
, .
< / . ".... I I ..'.. 1....< 1< I~, I .'~ !/ ........ '< i ~ ~ 1<:; I~'
.. )..'...'. 1= '"
'" ......' ,.
'" ~ ",w 1....6 ~Io 10 0 '"
0 '" '" I w
I 1 I :;:l
i I - 1
I I ..,
"'J
1< ./ << Illi~ h I~ <i < 1 I. . 1/// ",I ~ I~ '"
1< < I'" *.
'" (,)N 12 m..~.:::.:..(,.i)'f',,) Ii..: 0 <D
... (])oc>>joio ...
I I I~
::l
1/ I ii , < I 1< <- r:;;
b :> ~ :3 .
0 0 0 .....0 0- 0 0 60 0 0 0 0 0 :::>0 0 00 z
I < ...'.,., ! TO )> ,(j
';'0 m I>
0 0 0 0 i ""0 ojoio 0 00 o. ~ - '" ;,.,.0 0 - 0 OJ ::u m .
gLlo / ........ ;;:: ',-, ~
d .'..... < > m
0 0 0_ 0 0 00 ~ 0 '" '" ~'OIO 0 0 ;JJ , Z >
.... 01 I I I < 010 :>1 I I > .
jll "
0 0 0 ''''; 0 0 0 0 100 0 .""-'" 0 ->-101 0 0 r t"l
< I < I I / I I I ;;:: ~ (f) I~
I 010 :>> <D
6 <D Z .
0 0 0 0 0 0 0 0 00 .'" 0 w -w ...~ 0 -< '"
< <- Iml
< C
6 0 0 0 0 0 0 0 0 00 "'0 0 w- ....0 0 ~ 0 z I I~I
'- t"l .
C ~
0010 0 00 0 0 0 0 00 0 ",,0 ~ w~ 0,0 0 0 0 r-
oiolo - :>>
c
0 00 0 0 0 0 00 0 '" ~ ~ ...'" 0 010 0 0 G> .
I I (f)
I m
0 00 0 "'0 ~ ~ 00 ,~ ~o ... ~ 0 wo ~ 0 0 .......io "0
I 0 I .1
0
- --I
I I z
0
I < .
, 0
m
I 0
I I~ .
... N~ Jo I
0 00,0 ... 0 ~ w 00 !............. 0 '" ... '" ""n ... ~o
-
.", 111 I;>:'" 1.1'''' I'" ,r,o~1 -< !I, ~I -< 'S::
10 -oj -l ~ en -0' 0 C) z Z "'T1 '"TIi;::. Ie 0 co ::D V) CD!' 0 Z ""'Cl < ::tl ro 0 c.... }>i' -0
I i~ >;0 o,z "1 ;;I~ 00,0 Ol-ll;::l ~):> m -l c:g ~ m Cjm m c ci ~ ~ DI~ ~
ir$:CI-lO~ rl~"'T1"'T1:::O:::O!~<C') ,zr.n::o:.niit;i ,gl~IIC/)(f)I'-""i rmC,I;.n N
Ilv" m ^II';I)-?:' <i C)~ ;oim m~ r- Z m m mil~I' C) oi, mlm 12: I~ -Iii;;:;;:
. ;:0 00 ml m 'D 01""0 I> G) Z -; (l}1'1::=:l m im Z (f) l:< r Ie)
I Z 1-< ro ; 0 ~ ~I' I ~ I;::; -::I (Il1<1 z ~I :j en ~ ~ I"'"
, G) ;0 - n Z I ,12:::01 -< Z)> I -10)> Wl z,~
I 1:'< I'm r;' m'l -< t5 A=(I~ ~ ~ -I ;D h ~ Iii??'"
~)> Z [J)j;;J ~ rn I~;:O 10
~ -<' ::b I~ Z I....., c 112.
181 w ~ I ~ ~
I I i II I I I
.......,....., I II...,>, .,..... .,.. 'ill,., ....1..,.. '..j" .,... ..., ... ...'." 10;
...... ,::,:': ,Jlo."........- ,I....... ::;:::~L:' ,'-- .' ,,:.: ~,(O
I l\,)t.)oo:6:cO t\.)lth~W10')j......t.) 0601010 ..j:r..wlo OJ;'''''' 0 000 Idi~
I I I I I II
I ,..,... ...,...i Hst II ii ...... ..,., I I........ i ,..' I ,.... .".".1 -< 0;
~,.......'lljl 0> ..,.. ~.. ~ ~ ii! I .",' ,''',... -! co
t1'I(fJ.,.-.......~u>, WWN-~OO l\.) en au I UII-.lO ot-j
I I I I I I I
I ...,iIi; '....,' .'..' "Iiii.. i iI .,.,.. >.IiI ~ 0;'
=~oc..c>~ ~ ~~ 0.00~ .- .~~ .....6~ D~
I I I I II
. r I> II I " ii III < I.....,.. ....... I....... III ~ ~
I 0>1 IS;'; t; ~I", a,''; c;.,o d 61616& ..., .,..,' 1"'1& LI810 D ~
I I I
Ii I i ...1> ~
'j, a a 0 a oc a 0 010 0 0 6: 0000 6)00 010 DC 0 0 21
'1 .,i '.. 'T1'~
ji ....".i m'co
I ~ooooo ~oooooo 0000 jooooo 000 ~~
.1' I > ~
.e )>
I ~ooooo ~oooo~o ~oooo booooo 00 ~
Jjoo-~ mo~~~o- !~j~oo 000000 000 i
'I : I ;::~
I I'V.......O.......oo (..,)00--..............0 .......00.......0 oooiooo 000 ~~
I 0100000 O>~oo....oo, 000010 10001000 000 ~
'I I I '-
......00.......00 -...J00f\..:)t..J............ 000010 I (..).......0..............0, 000 ~
I I )>
0100000 ~f\..:)OO~OO ~oo.............. f\..:)OO~OO 000 ~
I w
m
1 ~ - - 000 .... '" 0 0 0 ~ 0 ~ 0 0 ~ 0 ~ o,~ ~ 0 0 000:
. - I I ~
I ' i ~
I I <
I I I I ~
I i I I I I ~
Icot\:l.......f\J.......P'V ~-..ji.......Ul~(1\!1'V ..e..iOIOw....... 1-...I..............I..e........lo 0010 0
~----
--
----------
;j r CD Tl -0 ol~ c:}>- -u v 1;D~llg q!O <Jill:1CiI b r > v OJlrolc:;J -nIT, Tl (/)'-; (D:~. IJJ -
-; rom 0 >-........ --l C C ::0 c....... -; -; :J: I -; - -; 0 -< -<'- ::0 ;::0 ;:0 T 0 I..... ~
f:.~$:I~!Vl~I~ F:I~~<~I~ F:IIml!~1 Fh;-;VlTl(")I~oIOOi5~)>!~ w
~ :i ~I~ ~I~ ~ ~ t}jl~>, " 6i1'1~1 ~I!~I~ ~12111,~ ~ ~ E: ~ ~ -Ikt, I
0;::0 0,. ;::0 -0 Ul r"-<:I u m 0:..: DOC/) -; -; ~
(i) I~i~ (f) 0 0;0 I, r 0 (/) m::O G:l ~ 0 Z
I -< 12iV mlt;]1 'U I> I -< 0 6 [!)"I g< ~
~ ~ ~i~ ~ ~, I~ ~ ~ ~ 8 ~I ~lr;\ I
~ 1-< ~ ~ ~ 'I I (b ~ ~ 121
m I Z p, z
I I~ II I
I I II I
! I .". 1,.. ...... ....., 1
I' il ..,' ....1 I.... I 1,1 ..... I I ~I,.I <I, .1......1..'., i 1 .,,'. -< 0;
',.,. I' ,',', -...1;<..>:.,....,. .;:.. .', ,. -,-. ,'.. U'l 0) 4 to
~~~!o~~ ~m~DO m ~ m~~~~~D~""~&,08 o~ I
I 'I' I' I
I ,I I I I
..... .. ..,. 'II. il Iii I/i ~
/ ...... CDi...., I~.,:"" 0:;1 .....i 0> -".... ..',,' ~ ~ I
:-"0''''090, 1-->.(h-..l!O'>_~~ O-"'Ct;) -O~ a>.;..;col~_O)Jwo6 ON
I I II I
'.,....i i i i .. i . .1.'.... i I J .ii .'..'.I.!I J(. ...'. ~ 0; I
.....,.,/ 10> V> '. ~ i ,..,,1 i. ~I,i ii. ....1:.... v>1 '.....'" 0 to
a l\,) !(!) C>> (..)j-fa.~! CD 10> f'ViN COlo.....ljt>.,)jm C)I~ a u;I W
I I I I
1,/ .....1 .1.....,.1..,...... I...; ~
i .,<1, . ' ... . ... to
:i:: '0) (..:I ..-'"......: -Q) .c-:..: (h.~ Ltl
'"OO( "".00 ~"I... 'TT III
ii I ii I '- I
-0 C) a 0 010 ,...., '" 0 0 0 .__L....... a en 0 0'(:) 0 0 0;-"- -"- ..p.. 0 0 0, ~
... II i I"~
~( -"- mffi
6000010 ~~o~o ~~~ NOOOOOO~owooo ro~ I
I I)) ;:::
000000 ~~O~~ ~NO ~ooooo~=o,~ooo ~
~ 0 ~ 0 0 0 '" ",,0 J~ ~ 0 ~ 0; 0 Jo 0 0 ~Io> JCD 0 0 0 ~ I
000000 ",~~J~ ~~o c;oo~ooJ....~....,~oo ~ I
~ ~ I' 2
F\)O~OI~O ~<.nNW""'" ......0....... ~~oO~~~wOiwoo~ Z
00010001 "'....0"'0 I 000 C;;lolo~~ooo>J....ooo ~ I
I II, ~
0000001 ro-.rONO 000 ~oloOOOOO"l~<DOOO G) I
lien
...... -'"I m
000000 W-.r~w~ ......~o ~i-'"OO-'"OON......~OOO ~
. II I _B I
II I I
I I I
II I I ~
I 'I 'I I
I mv> ~ :::: I .... ~
W olN 0...... 0 ci:1~ OJ1U1 OJ to en w W 1\.)10 I\.) W ...... C..l1lt OJ CD...... 0...... D
I
1:< I ", I I..,'" n . ';;::'" I I'" I
]0 m!> )> )> , :;;:l tn -l::tl1O 0 - < :;:0 ~ 0:;::: 0 0::0 COD -{ 0 1_ 0 -! 01- () c ::tI "U
I j;; Zlr.n r..n Z 0 m c ::0 m 13: :; 3; 31m 't"'l ;;: > CD ~ ;;I~ m Z ~ m m 0 Iv; ;; 0 O!~ c z c I~ ~
r<(j)I.n~C()C/)I~()I_ r-mr,U'>;n rFtflj- rl;.u""OrC/)"'O:::o()~ rCDzIO;;oDZ~ i
I 0 -! -!l~ ;:J < ""0 "T1 < i....... 1\,I'I'Tl. m m ~ I )> mila I~ ;:c ~ ::0 f:e 0 0 ~ ;is ~ ~ ~ -I
zoo [0 < 9] m ~ 9j i3:: m {f) Z I~ s: z 'z s: -! ~ ~ ~ !9 8 CD Q < G) >:?;
. j I~:i ~13 ol~ ~ ~ ~ IV; I~ -; ~ I~ I ;il i!:;::: 1m;: r -11~ ~ C b 55 $ m -<II~
I i~ :tl :;:0 8 ~I~ ~ rn ~ -~ ;g 21 ~ I~ I z ~I~ I I~ ~ ~ ~I$,-! ~ ~ ~ m r- g 1~11
T )>)> <SIb -- :j 0 - m c) I./'JI'- I 1s::lz m ):> ~i! ~ (f) r {J) I'"
1< ~ ~ ~ Zi"U Z G) r:1I~1 ~ ~I~ I (/)I!~ i i;e; ~ r ~I~ Li f=. ~ O!f.i
I~I(') (') >1 "'10 oj Z I', -< XI'; '" G) hi It!! !< '" I!; \ii C I~ r,.,
)> -< -< 2:, ~ m 0 )> Q ""U m )> () 1_ !0 R ICIJ >- ~ f./} ICI"J
I ", "'1 z Z C 0 >- " Vl ...... I:::: '::u" c
I~i:' :"'U?I~~ I I~I~ ~~';' 1;1:1 11'= (') II~ I
I Iii I I I ' I' I I
1 I I ii ..'.. I ,I ..... ,II ~
(D:?':-!':,:>:l:':::::r--)'~:.~,':::: ,!:i. (..),.' w ~, -->""l."'.:::'" ~~
I "OiOO!O oOI.IT ,-. r .10.1 ---010 - 0" ,IT~ -.i" 0-'
I I . i/!.j I> ...1 F 1>1> ... ~
,.......I.I/}.:.1 Ii ...',. I ",,", I> I> I>i I", ..... li>2 :'j,:g
:"'lo0l6lcoo,l~"'i""'I" ,"0," 1....I"olo"'j,;,.:. "'16i....l:;; 0''''
I J., .... !.. I'}' i Iii.. E'.. ,. ... E ~"
lo::lo~", 1,,1:::' '" tl;c,tl! '" I !::l oI",j::; D~
I I' I I I '1111 I
_ ..' ....,> , I,> .> ,..... i 1/~..'.1812Ii > .....,. I/l..~>, :'j .;
~ I:., wlP\J':::::: .::"<__ to) W ~: U1 P\ 1\,)' co
I "'0 '" 1",,;:1:",,, I ':.;" 1"'0 "'0'" I.... !<o'" 1",[--, CD 0.....
I I I
I ,.... .} ......ii I Ii ~
~o!OOOOO_N_~O_O ~o~ ~-OOOOIOiO~OO--o~ z
I ..,,~ooooo"'~o >, 000 I ....o~ l<:looooloooilloo",Jo", rn
~ I {,>! ~
I "'o~o~o"''''.....o "o~~ NON INOOONOOO ~~O~~~'" ~
....ooooloONNo "'ON~ "'~~ "'~00~000 "'Nooool~;u
I I I ~~
...... >~
I 0. 0 0 000 .;...iU'l - 0 ....... 0 -" 0 (.J ->. 1\.} l'.) 0 ...... 0 0 0 0 ...... ......, ....... 0 J'V 0 N N -< U1
I I I 2:
I ~ 0 0 ~I~ 0 N '" '" 0 '" 0 N 0 000 ~ 0 0 0 0 0 0 ~ I ..... ~ 0 N 0 0 ~ :
~oIOI-OO_U'l_O 0000 wow 100000000 ~O--O-N r
I I >
I~ C
'NOO1\.}OO.p..wwo 0.000 wow (.1101.......000.......(,..) WOOI-'"O.............. C)
I ;:;Ioo~~o....."''''o NO~~ "'ION "'o~loloo~~ ",ooloONo, ~
I I Ii, 01
. . i I I ~I
I I II ~I
I: I I I~!
,-< I I ~ "'I'" I ~I I ~ ~I ~ I..... ~I ~ I~II
1000o.........!c..nwOcz:,-....j.O...... I ....... OCD (..)1 -..j/'..)Ol CtlN(.JOc..>ot>.)lQ) .:...O"l.....O!(.,,)-..j(Xlo I'
- .
3RD Quarter Traffic Statistics . .
July Through September .
1<.......'. il'AH Ie GLiln to ..'I<Nolsvil VHI'XJ3T1Totatl .
Total Tags 83 28 85 30 141 74 55 496
Total Speed ing 52 21 47 21 96 44 38 319 .
Court Tot. Tags 446 33 319 43 501 266 209 1817 .
Court Tags Disposition 285 20 169 33 333 147 138 1125 I
Court Speeding 107 22 68 23 131 51 46 448
.
% of Total Tags 18.6% 84.8% 26.6% 69,8% 28.1% 27.8% 26.3% 27.3%
% of Total Speeding 48.6% 95.5% 69.1% 91.3% 73,3% 86.3% 82.6% 71.2% .
-.
.
I
.
I
.
.
.
-.
.
I -
January Through September
I I*s Worked 119
es Driven 6523
l!lli;,;;;;i;ll;i;i;i;i;i;iii;;;;',I;i;;'i~H;ilfiili;~~i;;;ili;i;g~:i;';;;lili;i~Qiii;IIISM~;M~;;;;ilii;liTiii~ilil',li[ii;'r~l!
I Verbal Warnings 64 18 74 27 96 51 42 372
Speed 1-14 101 37 89 51 171 91 77 $15,425
I 15-20 50 14 41 17 76 35 25 $7,740
20 + 6 0 3 2 21 3 5 $1,400
I Seat Belt 16 5 20 4 20 17 7 $1,113
Insurance 21 6 20 11 36 26 15 $33,750
I Careless Drv 1 0 0 0 0 0 1 $100
DWI/Drug 4 2 1 1 0 0 0 $2,000
I Equipment 6 1 3 1 8 5 0 $600
Lane Violation 2 0 2 2 8 2 2 $450
I DL Violation 11 7 9 6 13 11 4 $610
'sd DL Viol 1 0 5 1 7 2 0 $0
I Misd DL 0 0 0 0 0 0 0 $0
Registration 11 4 10 4 14 13 3 $590
I No Headlights 1 0 1 1 3 .1 1 $160
I Obstructed Vision 1 1 0 0 5 3 0 $200
Stop Sign/Light 11 1 15 1 5 13 4 $1,250
I Parking 3 0 2 0 7 0 0 $120
Follow Close 0 0 2 1 1 0 0 $100
I Load Violation 4 0 4 0 0 0 3 $550
Written Warnings 11 5 7 3 11 3 3 43
I Arrests 4 1 6 2 6 4 3 26
Warrants 2 0 5 1 3 6 2 19
I .
Total Tags 250 78 227 103 395 222 147 1422
Percent 18% 5% 16% 7% 28% 16% 10%
I Traffic Complaints 31
I urs on Complaints 83.5
Average Tags/Day 11.95
I Min. Revenue $66,157.50
~~--
,.. .
-
September
I Days Worked , I 8.51 .
I Miles Driven I 500 Ie
l;illl\;l!lilil;;!!llliilllliilinl;~ti'\:ll!ill!@g!11'!llllg~11Iflilll~QIIIIIII;I~Mllllllili~B11Illl~lBi!;I!i;il!!11111!lmgt~!1 .
Verbal Warnings 3 1 2 2 8 5 3 24
Speed 1-14 4 2 6 2 14 5 3 $900.00 .
15-20 4 0 2 0 5 2 1 $420.00
20 + 0 0 1 1 1 1 1 $175.00 .
Seat Belt/Child Seat 1 0 2 0 3 0 0 $75.00 .
Insurance 0 0 2 0 2 0 0 $1,000.00
Careless DN 0 0 0 0 0 0 0 $0.00 I
DWIIDrug 2 0 0 0 0 0 0 $500.00
Equipment 1 0 1 0 0 0 0 $50.00 .
Lane Violation 0 0 0 0 0 0 0 $0.00
DL Vioiation 0 0 2 0 0 0 0 $20.00 I
Misd DL Viol 0 0 0 0 0 0 0 $0.00
GM Misd DL 0 0 0 0 0 0 0 $0.00 -.
Registration 5 2 1 1 3 1 0 $130.00
No Headlights 0 0 0 0 0 0 1 $20.00 .
Obstructed Vision 0 0 0 0 0 0 0 $0.00
Stop Sign/Light 1 0 0 0 0 2 0 $75.00 I
Parking 1 0 0 0 3 0 0 $40.00 .
Follow Close 0 0 0 0 0 0 0 $0.00
Load Violation 0 0 2 0 0 0 1 $150.00 .
Written Warnings 6 0 0 1 0 0 0 7
Arrests 0 0 2 0 1 0 0 3 I
Warrants 0 0 0 0 0 0 0 0
..
Total Tags 19 4 19 4 31 11 7 95 I
Percent 20% 4% 20% 4% 33% 12% 7%
Traffic Complaints 4 .
Hours on Complaints 7.5 -.
Average Tags/Day 11.18
Min. Revenue $3,555,00
.
I -
.
I August
ls Worked . 18.5
I lies Driven 973
Illi'lll:lllllllli\ll,\llilill;llll;iillllll'lilli'l~.~'lllli'UlIIIAgI1111111Ig~lll;!I!UII:il'NglllllIli'\:I~MI!II!(lllllyftlll\:I!";:f!fll!llli'lll!ltiT~t~\!
I Verbal Warnings 10 4 11 2 17 9 9 62
, 20 $2,000.00
Speed 1-14 9 12 7 6 16 10
I 15-20 4 1 3 0 7 6 5 $780.00
20 + 1 0 1 0 3 0 0 $175.00
1 Seat Belt/Child Seat 0 3 3 1 2 3 0 $150.00
Insurance 5 0 3 1 3 5 2 $4,750.00
I Careless Drv 0 0 0 0 0 0 0 $0.00
DWI/Drug 0 0 0 0 0 0 0 $0.00
I Equipment 0 0 1 0 4 0 0 $125,00
Lane Violation 0 0 0 0 0 1 1 $50.00
I
DL Violation 0 1 1 1 2 2 2 $90.00
I -'d DL Viol 0 0 2 0 2 1 0 $0.00
GM Misd DL 0 0 0 0 0 0 0 $0.00
I Registration 0 0 3 2 3 4 2 $140.00
No Headlights 1 0 0 0 1 0 0 $40.00
I Obstructed Vision 0 0 0 0 0 0 0 $0.00
Stop Sign/Light 1 0 1 0 1 1 0 $100.00
I Parking 0 0 0 0 3 0 0 $30.00
Follow Close 0 0 0 0 0 0 0 $0.00
I Load Violation 4 0 0 0 0 0 2 $300.00
Written Warnings 0 2 0 0 0 1 0 3
I Arrests 1 0 1 0 1 0 0 3
Warrants 1 0 2 0 0 0 0 3
I .
Total Tags 25 17 25 11 51 39 24 192
1 Percent 13% 9% 13% 6% 27% 20% 13%
attic Complaints 5
1 urs on Complaints 5.5
Average Tags/Day 10.38
I Min. Revenue $8,730.00
- I
.
July
I Days Worked . I 16.5 I. I
I Miles Driven I 905 I
l;i'1!!11!!II:;11!!!111I;I;III'llll;;~mII1!!11111Igqll!!I!I'i!qgll;II!;I;I~glllll!!!I~Milll!lllMfilll!I!II~!;II!I!llilll;llm~~!1 I
Verbal Warnings 8 3 17 4 15 6 6 59
Speed 1-14 21 5 18 8 27 9 11 $2,475.00 I
15-20 9 1 8 4 14 5 7 $1,440.00 I
20 + 0 0 1 0 5 0 0 $210.00
Seat Belt/Child Seat 2 0 1 1 1 1 1 $87.50 I
Insurance 3 0 4 0 7 3 1 $4,500.00
Careless DN 0 0 0 0 0 0 0 $0.00 I
DWI/Drug 0 0 0 0 0 0 0 $0.00
Equipment 0 0 0 0 0 0 0 $0.00 I
Lane Violation 0 0 1 1 2 0 1 $125.00
DL Violation 1 0 1 1 2 1 1 $70.00 I
Misd DL Viol 0 0 0 0 1 0 0 $0.00 -.
GM Misd DL 0 0 0 0 0 0 0 $0.00
Registration 2 0 2 0 0 2 0 $60.00
No Headlights 0 0 0 0 0 1 0 $20.00 .
Obstructed Vision 0 1 0 0 0 1 0 $40.00
Stop Sign/Light 1 0 3 0 0 1 2 $175.00 I
Parking 0 0 1 0 0 0 0 $10.00 I
Follow Close 0 0 0 0 0 0 0 $0.00
Load Violation 0 0 1 0 0 0 0 $50.00 .
Written Warnings 1 0 0 0 1 0 0 2
Arrests 0 0 0 1 0 2 0 3 I
Warrants 0 0 0 1 0 5 0 6
Total Tags 39 7 41 15 59 24 24 209 I
Percent 19% 3% 20% 7% 28% 11% 11%
Traffic Complaints 8 I
Hours on Complaints 20 -.
Average Tags/Day 12.67
Min. Revenue $9,262.50 .
--
I _ - ~
10M M M 0 ~ ~ 0 ~ 0 M N ~
(1) (O("')r'),....COCO ""'1i')-r-0)""'-
~(1) NMr;xjcO~U) (")N(1)o)N ~
. f.!c: C\I M...... 10...... C\I M U') .q. M C'tI
. ~~ ~
<
1 a ~ a ~ a a a a a ~ a a 0
o 0 ~ 0 0 ~ ~ v ,.... en ~
E ............. NN N N
I .~ ~
)( .-
lULL
:E
100 0 1i') 1i') ~ 0 0 U') U') U') M N
M 0 ID M I.t') ~ 10 en C\I en N
... "III' T'"" ...... 'o:t ,.... N (")....... 'o:t .,- M
c: ...... T'"" 'o:t ~
I ~ 15
.- E
LL<
o 0 0 NOM N 0 ~ 0 0 'o:t ~
1 ~ ~ N ~
t:-
'" ..
Ln 0 0
'" U u
I ~
.....0 'g ONC'\I""It""......OOtOO......C\lM
IC/) .. ~... .....
Ok"
._ Q) E
-..Q ..
~c
1_ O"C 0 ~ ~ ~ ~ a '" a ... a a <0 ......
CJ) ..- .... ..- 'lilt
c-
O ",=
Ig>f< ~6
I- Ln
~ oc.oO"'lt'o:t...-""ltO,....(Or-IDIl)
I..... '" N ~ '" <0 cD
'-'~"- -
Q) lU=
... - ~'"
oJ..... 0.. Cl
C/) 0
1 C/) ><
- ""
~ 0 en MenD N r- 0 ,.... (0 co 'o:t II)
'j ..- I.() M.... LO co co
N
1
I "'ltr-CO,....l.O..-M-VCOf'-..l.O,....<O
v .,-CO"'d"N co ,..-o'llt
~ ...
..
l-
I
1 m.. 0 ~ -
. . (/)..... c 0 lU
o I:: C .- ....
0)..... ,- -':;: 0> 0
I ltl........, ~8o t:l:::::'" 01-
L-= Vl(5 EC:~CJ)Q)~CJQ) .s V)
r- ~.- c.ctI1-.5-1ij U'J"O-
-=: Q)>_._I-(l)~~.-......c:(l)....
Ocp ........J>::I='.c:I-C,)omcnQ).....
__ ctI _ > (]'" V,I _ ro Q) Q) Q.) ._ a. t:
I :t:'eUOOWEOa.c::a::UlUlUl., ::\l
ctS~ 'E t:::
~ < ~
~ ~
I
.
I. AGREEIIENT
I LAll ENl'ORCElfENT SERVICES .
This is an Agreement bet'Jeen the County of Ramsey
I (hereinafter referred to as the "COUNTY"), and the City of
Shorevie'J (hereinafter referred to as the "MUNICIPALITY") , to
provide la'J enforcement services to the MUNICIPALITY for the
I period commencing January 1, 1995.
IIITNESSETH:
I IIHEREAS, the COUNTY has contracted to provide la'J enforcement
services to the cities of Arden Hills, Gem Lake, Little Canada,
North Oaks, Vadnais Heights and \/hite Bear Township (hereinafter
I referred to as the "MUNICIPALITIES"), and it 'Jould be
advantageous to the MUNICIPALITY to also contract '.lith the COUNTY
for similar la'J enforcement services, thereby allo'Jing for the
allocation of overhead and other administrative costs over a
I larger population; and
IIHEREAS, the parties to this Agreement are desirous of
I contracting for the performance by the COUNTY of the hereinafter
described la'J enforcement functions for and 'Jithin the political
boundaries of the MUNICIPALITY through the Ramsey County Sheriff;
l- and
IIHEREAS, the COUNTY is agreeable to rendering such services
on the terms and conditions hereinafter set forth; and
I IIHEREAS , such contracts are authorized and provided for by
the provisions of Minnesota Statutes Sections 471.59 and 436.05,
and La'Js 1959, Chapter 372.
I NO'\l, THEREFORE, IN CONSIDERATION OF the mutual undertakings
set forth herein, the COUNTY and the MUNICIPALITY agree as
I follo'Js:
I. SCOPE OF SERVICES
I 1. The COUNTY agrees, through the Sheriff of the County of
Ramsey, to provide patrol and police protection vithin
the political boundaries of MUNICIPALITY to the extent
I and in the manner hereinafter set forth.
2. Except as other'Jise hereinafter specifically set forth,
such services shall only encompass duties and functions
I of the type coming vithin the jurisdiction of and
customarily rendered by the Sheriff of the County of
Ramsey under state statutes.
I
I-
I
.
,
3. The manner and standards of performance, the discipline ..
of officers, and other matters incident to the provision - I
of services under this Agreement, and the control of
personnel so employed, shall be subject solely to the
control of the COUNTY. In the event of a dispute betveen .
the parties as to the extent of the duties and functions
to be rendered hereunder, or the level or manner of
performance of such service, the determination thereof .
made by the Sheriff of the COUNTY shall be final and
conclusive as betveen the parties hereto, subject
however, to the provisions of Section V.3. herein. In
the event the MUNICIPALITY, through its elected body or .
authorized agent, notifies the COUNTY that is
dissatisfied vith the assignment of personnel for the
performance of services under this Agreement and requests .
a change in personnel, the COUNTY shall make every effort
to effect a change in the assignment of personnel,
provided that such a change does not jeopardize the
ability of the COUNTY to provide services to other areas .
of Ramsey County in a timely and efficient manner.
4. Services provided pursuant to this Agreement shall .
include, but shall not be limi ted to, traffic lav
enforcement including the regular use of radar as a speed
deterren t, non-traffic ordinance lay enforcement, and the .
regular patrol of business and residential areas vithin .
the MUNICIPALITY. The COUNTY'S contractual obligation
under this Agreement do not lessen the COUNTY'S
obligation to provide patrol and police protection
services to Bellaire Beach, area lakes, Ramsey County .
open space areas, and regional park areas ovned by Ramsey
County and all other areas under COUNTY jurisdiction
located vithin the poli tical boundaries of the .
MUNICIPALITY . The COUNTY'S contractual obligations under
this Agreement shall also recognize the underlying,
historical obligations that Ramsey County has to provide
police protection to the MUNICIPALITY. .
5. Services shall be provided 24 hours per day and shall be
performed by the number of deputies and other personnel .
budgeted for in the current year Budget Estimate,
attached hereto as Exhibit A and made a part of this
Agreement. .
6. To facilitate the COUNTY'S performance pursuant to this
Agreement, the MUNICIPALITY agrees that the COUNTY shall
have full cooperation and assistance from the .
MUNICIPALITY , its officers, agents and employees. The
MUNICIPALITY shall designate a liaison to the Ramsey
County Sheriff's Department. The liaison shall attend
meetings of the Sheriff's Contract Communities Committee .
and shall represent their respective MUNICIPALITY at
their meetings. The purpose of these meetings is to .
develop short-term and long range plans and to coordinate .
.
.
.
I. and analyze police service and other related public
service issues. 'The Sheriff's Contract Communities
. Conunittee shall also review any disputes which arise
between the MUNICIPALITIES and/or Sheriff's Department
and recommend a resolution.
. 7. The COUNTY shall furnish and supply all necessary labor,
supervision, equipment, communication facilities and
dispatching, and supplies necessary to provide services
I pursuant to this Agreement.
8. All deputy sheriffs, clerks, dispatchers, and all other
COUNTY personnel performing duties pursuant to this
. Agreement shall at all times be considered employees of
the COUNTY for all purposes.
. II. ASSUMPTION OF LIABILITIES/INSURANCE
L Except as other provided, the MUNICIPALITY shall not be
called upon to assume any liability for the direct
I payment of any salaries, wages, or other compensation to
any COUNTY personnel performing services hereunder for
said MUNICIPALITY, and the COUNTY hereby assumes said
. liabili ties.
2. Except as herein otherwise specified, the MUNICIPALITY
.. shall not be liable for compensation or indemnity to any
COUNTY employee for InjUry or sickness arising out of
this employment, and the COUNTY hereby agrees to hold
harmless the MUNICIPALITY against any such claim.
I 3. The MUNICIPALITY, its officers, and employees, shall not
be deemed to assume any liability for the intentional or
negligent acts of the COUNTY or the COUNTY'S employees
. performing services pursuant to this Agreement, and the
COUNTY shall hold the MUNICIPALITY, its officers, and
employees harmless from and shall defend and indemnify
I the MUNICIPALITY, its officers, and employees against any
claim for damages arising out of the COUNTY'S performance
of this Agreement.
. 4. The COUNTY, its officers, and employees shall not be
deemed to assume any liability for intentional or
negligent acts of the MUNICIPALITY or of any officer,
. agent or employee thereof, and the MUNICIPALITY shall
hold the COUNTY and its officers and employees harmless
from, and shall defend and indemnify the COUNTY and its
officers and employees against any claim for damages
. arising out of the MUNICIPALITY'S performance of this
Agreement.
.
..
I
.
.
-
IV. PAYMENT ..
.
1- The MUNICIPALITY agrees to pay the COUNTY the actual cost
of providing all services covered by this Agreement.
Actual cost shall mean the MUNICIPALITY'S pro rata share .
of the COUNTY'S total cost of providing patrol and police
protection services to the MUNICIPALITIES with which the
COUNTY has agreements for the current contract year, .
including, but not limited to the following: salaries of
employees engaged in performing said services, including
vacation and sick leave; mileage, uniforms; public
employees retirement contributions; 'Workers I I
compensation, automobile, general liability and police
professional liability insurance costs or the cost of
self-insurance; general overhead, including indirect I
expenses and supplies, radio unit expense, health and
welfare expense. Costs as used herein shall not include
items of expense attributable to services or facilities
normally provided or available to all cities within the .
COUNTY as part of the COUNTY'S obligation to enforce
state law. Computation of actual costs hereunder shall
be made by the Ramsey County Budgeting & Accounting .
Division based on information provided by the Sheriff.
2. The COUNTY shall bill the MUNICIPALITY on a monthly basis -.
in an amount equal to one-twelfth (1/12) of the current
year Budget Estimate for services to the MUNICIPALITY as
set forth in Exhibit A. The MUNICIPALITY shall pay the
COUNTY within 45 days of receipt of the monthly
statement_ At the close of the contract year, the COUNTY .
will reconcile the current year Budget Estimate and
current year actual costs and shall either give a credi t
to the MUNICIPALITY or bill the MUNICIPALITY for .
additional costs in excess of the Budget Estimate.
3. An estimate of the costs for the upcoming year shall be
furnished using the District Plan format by the COUNTY to .
the MUNICIPALITY no later than September 1, of the
current year, Said estimate shall be for the limited
purpose of better enabling the MUNICIPALITY to estimate .
its budget. It is understood by the parties to this
Agreement that said estimate shall in no way prevent the
COUNTY from charging its actual costs. The MUNICIPALITY
must annually indicate its acceptance of upcoming year .
Budget Estimate in writing prior to December 31 of the
current year.
4. If the MUNICIPALITY does not indicate its acceptance of .
the budget estimate, the MUNICIPALITY and the COUNTY must
meet by January 31 of the budget year in question to
reviev and reach agreement on modifications to service .
levels provided by the COUNTY that are consistent with
the MUNICIPALITY'S budget and that recognize the impact .
of these service level charges to other jurisdictions .
that contract with the County for these services.
.
I
I. 5. Ramsey County agrees to maintain, during the term of this
I Agreement, automobile, general liabili ty, workers' -
-. compensation, and professional liability insurance in
amounts deemed appropriate by Ramsey County through its
I Risk Manager. Ramsey County shall name the MUNICIPALITY
as an additional insured on these policies except for the
workers' compensation policy. The MUNICIPALITY agrees to
pay, as a part of the actual cost as provided in Section
I IV belov, a pro rata share of insurance costs. These
costs shall include the costs for any assessments and
credits for any dividends by participating in any
I insurance pools or trusts. Ramsey County may elect to
self-insure all or any portion of these risks. If Ramsey
County cannot obtain insurance and/or elects to self-
insure, the MUNICIPALITY shall pay a pro rata share of
I the costs of self-insurance. Insurance costs as they
relate to insurance coverage shall include premiums and
deductibles. Costs of self-insurance shall include
I reserves, claims and damage payments, and administration
costs required to maintain self-insurance.
6. The MUNICIPALITY acknovledges that Ramsey County may, in
I an effort to provide the best insurance coverage at the
most economical cost, become a member of the Minnesota
Counties Insurance Trust or some similar organization;
I . and the MUNICIPALITY further acknovledges that membership
in such an organization may be for a fixed minimum term
and may expose Ramsey County to some type of contingent
cost liabili ty, such as debts, obligations and
I liabili ties, in the event that Ramsey County "ithdravs
its membership. The MUNICH ALITY agrees to reimburse
Ramsey County for the MUNICIPALITY'S pro rata share of
any such contingent cost liability arising during the
I term of this Lav Enforcement Service Contract and
assessed against Ramsey County. Upon notification to
Ramsey County of any such contingent cost liability,
I Ramsey County will notify the MUNICIPALITY in a timely
manner.
III. TERM OF AGREEMENT/TERMINATION
I 1. This agreement shall commence January 1, 1995, and shall
be in effect through December 31, 1999.
I 2. Either party may terminate this Agreement upon 12-month
vritten notice to the other party.
I 3. Notice to the COUNTY shall be given to the County
Manager, and Notice to the MUNICIPALITY shall be given to
the Clerk-Treasurer or MUNICIPALITY'S administration.
I
I .
I
-- -----
.
V. GENERAL PROVISIONS ..
I
-
l- It is understood that prosecutions for violations of
ordinances or state statutes, together vith disposition
of all fines collected pursuant thereto, shall be in .
accordance vith state statutes, state rules, and judicial
orders.
2. The Ramsey County Sheriff's Office shall submit to the .
MUNICIPALITY monthly activity reports detailing the
activities of the Sheriff's Office vithin the
MUNICIPALITY. Said reports shall contain, at a minimum, .
the number of calls ansvered and the number of citations
issued; hor.r8ver, no information viII be provided "hich
vould violate the State Data Practices Act. I
3. Any alterations, variations, modifications, or vaivers of
provisions of this Agreement shall only be valid vhen
they have been reduced to vriting, signed by authorized .
representatives of the COUNTY and the MUNICIPALITY and
attached to the original of this Agreement.
IN YITNESS YHEREOF, the MUNICIPALITY, by resolution duly I
adopted by its Council has caused this Agreement to be signed by
its Mayor and City Manager and the seal of the MUNICIPALITY to be -.
affixed hereto on the day of , 19_, and
the County of Ramsey, by resolution of its Board of County
Commissioners, has caused this Agreement to be signed by the
Chair and Chief Clerk of said Board on the day of
19 .
-
COUNTY OF RAMSEY CITY OF SHOREVIEY .
By: By:
Hal Norgard, Chair James Chalmers
Board of County Commissioners Mayor I
By: By:
Bonnie Jackelen, Chief Clerk Terry Schverm I
Board of County Commissioners City Manager
APPROVAL RECOMMENDED:
I
Bob Fletcher
Sheriff of Ramsey County I
I
. I
I
I
-. APPROVED AS TO FORM:
I .
Assistant Ramsey County Attorney
I INSURANCE APPROVED:
- Risk Manager
Revenue Estimated S
I Account No.
Budgeting & Accounting
-
-
I
.-
I
I
I
-
I
.
-
- .
-
I FRIDAY. NOVEMpER 10' "" Metro/State Tn _",_r,
I ~~~~~ I ~
. TIle grOlUlds of the ']\vin Cilies AI1TlY Ammunition Plant remain remarkably rich in native State questions w,
110ra and faurw - and cDLlld become a key component of a network of w'ban greenways. f 'd b NSP
lee pal Y CU:
, ? Kris Sanda. CO!llllliSSi;ncr of 1Ill' Mil
From arsenal to nature shaven. p",,,.,,,,,"idT',,,,,doy'''n'',,''''''
c1CClr1(: C\l_~Il)llLcr~ of NMlhcrt, ::;13(1"
. COlllinuc 10 pay a nuclearwaslc S10r<1!;r I.
I By Dean RebuHonl r:nr 13 Y('HS NSP ha.s collcCl{,o I11<HI'
$/(lr Trilml1~ St(lfflVril~r electric customers 10 pilV the U.S. El1er~
. ... flnddevclopmentofan,HionaJreposil
l.nsl Slimmer, while exploring I Creating a wildlife link Silllrla said Ihe program has been "1l1i~
a grassy patch or land in Arden _ , _ _ _ "along.SUlIldiugconstJl1lertJp-off."
Hills. a research team headed hy I conseMltl(l(ltS, ts hooe 10 create new corr, ~$for\llbm",,~ret)~h~e>;;gI'r(par1<siW\dOlnerreft:ges loUl'lC!evl!Ioped F('def~l offici<!ls h~ve been .<;[tIdying
Fred jallneH discovered a liull!. ~\."tl1Illthl! rW1l'lC'lIeSAfm~ArT"o"TWIIttonPlanl"Ar<1enJ1~ls.Theb.g3fseMls'tehasaWidev;metyofwll(lfeiW\d Nev., for a possible permanent dispO~Ol
I 100lg-lailed cre~ltlre: a plains i pl1ll1ts.JnCllKlongl~....-.::orrmonspeoes ,.r. ' . Llelayed repealedly by l!!gal, t!!chnical;1I1'
pocht ulouse. w"'~' ,. U S<lnda SOlid lhe im'~stig<lCiol\ wlil!!~;'
ThaI W<lsa sllfpris..., Allholl!!:h . ...' ~ S ~ nwnlS to thefcder<ll ilgencvshould be pi
a Minnesota native, (he mOllse is i::,:' Wildll~~ late whelher slale reg\I!~lOrs 'should C01111
qUifetlll,common here, Pfef,erring, -<(Plains '''''.'. _ along the fe~,s 10 talep<lyns a, nd Will"
Ihe l1lt)reOpell and Olrid Greal ,-,. ,...._ optiollSl0enS\lrelhesafl'disposnlofNSI
Plains. rhis W<lS the firSll1me If pocket :....., 5t<lle offiCials say the il1"l'Sllgallon I'
I had been fOllnd in R~msey CO\,m- mouse " ..!' Public Service Depilrnnenl offjci~l.<; will
ty. :>; / ;:;.(\ the MlnnesOla Public Utililies CDll1mi~
-Thllt'~ of no great biological ~'): ~~ finaldecisjotl.
sigmfk;lIlce," said Jannell, a ~ / "7 Minnesr.>la also is one o[ 26 st<l(l!.'
mlllOln;\1 specialist .....ilh lhe Sri- \ I . Energy [)eparollcnlH1 acknowle(l!;e its I.
I enee MUSeUln,Of Minnesofa. ..1" , toc01l111lercialtlllClearw<ls(PS<llldIOPfl
"Wh;\I's inlerl!5ling. though, is ~~ . RiceCreei<Chairlof thelll
Ih<ll Ihe lm1Use \5 51 ill Il1l're. de- 't;- I " LakesRcgKlfl;}IPar~ - Tom Meersnlfln
,'pile the Illng-term degradalion l <;L'
ofilshauito!." .~ ':")~k . ShakopeeOKsgrantforr
That h"bilat is lhe Twil\ Cities '~P1lfk Blanding's
I Army I\mnnlJllt)onP!anl. which '" Reserve turtle G<lry La"rent didn't seek reelecliol
covers almosl 4 squ<lre miles of ~ y mayor Dnlv fOf a few more weeks. ilul
Arden Hills and incJudeS5omeof ~ ~ present of SOrls-a SIOI,A62.S0 gr<:lnl fro
lhe Inrgesl remainlJlg nacls of ~ his ornce bUIlding in ctownlown Shakope~
uncteW'ioped land in the melro- \."'~J>-. '"':l Laurent's partnership is jusl the 10th,
politan a,re<l. Ahhollgh portions O,f \;\ . - uncler Ihe program during its fi\'e )'C<lrs
lhe arsenal have been heavilv )l'~'ii' ;.' -<111" I guidelines," saId Barry Slod, the a~s
conramm<l!ed by lo:<:ic W(lsles. II . ' !nO S "'''halMe you supposed 10 d[)r
I re!l1.ainsremarkilblyriChinnrl1iVe ,'I, tick-trefoil J,,~':r' ,Laur,erll owns Ihe office hUi,,!difl!; i
!lara and fauna, and could be- . i' ... . . brOlhe-r, RandV,and thcirwive5. "W~ 11<1,
comeakeycomponentofanct. I ),., ..:: ---U s;1ld of his parlners. "fTheysaidl. 'Hc)". 1\'
work of greenw~ys, park.~ and''f':''';' (1 because you're Ihe mayurr'
otherurb<lflopenspace. .,. ,',.' The grant was approved Wednesd<l
. ThaI network, conservationi.<;ts I ..' . . developmenl <lulhorilY, which mc-lud,
say, could playa key role in I ' . . " . , .......- Counnl members, Laurent absla,ned fn
It :""n","in, biol",i,,' dim,ily' 1 .'1Lf"' ' , ,,",",, 'he '0'0' ,,",wy,n," I", w,,'
In the melro area, where develop. ~ MlNNEAPOl '.. "StPAUl I work of Il1e four Cily Council lIlemh,
merHhas desHoyed or badly fr<lg. seekin~anolherlermhereel('cted.
memed much of the habilat .'. _.,.,.a~,,,,,,,,,,,,,,,,,,,,,,.,,,",,..,,.""'~~~fmm~..E~~""'~ _M;keKaszul1a
I needed by n<llive wildlife <IOd"", .1... ~F~~=~:'u=:;'~~~f'\8m~""""l>l'_H_,Jtom ....
plants. Conservationists want to Fired Minneapolis cop St!
preserve as rnueh oflhearsenal's 51",T''''''''lY~l>!'~I...a'"""",
undeveloped land as p05sible af- Former Minne~po!is police Sgl. Ali
ler rhe f-:,demi governmenl deilns Ihnllgh creMing iln !!xlensive mouse. year a~o by Itep, Ilm(eVento, D. Clemons, fired hy Police Chief Robert C
\lp the lo:<:ic waSles ilnd end.s its greenway system presumably The DNR considers the l\Irtic Minn., wh(lse Fourlh District in. son in September over aliegatiDI1S Ihat ~I
o'."ner~hip of the site. Then WDUJd require some olllril;ht pur- ami the lic!<:-tTefoiIIO be .lhre~l. dudes the ar5emll. The commil' hact senl mciSl and Ihreatening le((ers I
I greenw;;JYs would be ere<lled 10 ch~ses of land, at cef(~in siles elled" species in Minnesota. That tee's dfoft recoOllllelldilrions cail severa! fellow officers three veaLS ago, n
link that land 10 other ulld~ve!. agencies mighl pay landowners means Ihey arc likely to become for a mix of activities lhere, in. m~in.<; on lhe cily payroll with a J,Ob Wil
opedlracts. 10 obtain protective easemenls. endangered WilhUllhe fDresee- eluding I.OOOacresofparb,alh- IhePuhlicllousingAulhorit)'.
. TD d<lle. this is jusl an idea. But slIch land would remain pri- able future lluoughouL all or <I letic fields. <lnd IndllstriaL com- Clemons. who is hl<ICk. lias lllall1tain,'
B\lt ils proponents S<lY the time is vale prnllcrly. significanl (Ionion of their r~nges mercl<ll and residential develop- thnl she kllew nolhing <lhoutlbe lelletS-
ripe 10 hegin preparing such <I Iusllmw many parks and UIl- in this Slate. TheDNR proposes mellts. she also received Dne-alHllhallhe lid"
I netwmk. del'eloped lr;JCIS might be so listing Ihe mOllse as a "species of The committee's fillal reCOlll- was JUSI anOlher e:<:ample uf racism ill
PI 'I d d linked i.<; anyone's gu~s.~, but speclalconcern."Thal means it is mendalions. whieh are expected prejudiced poiice force. Clemons was 0'
.annlng s nee e Ihere are many possibililles. For extremely uncommon In Minne. soon, will go to VenlO and Olher charged with <lflY crime in the case_
f;-With good plannin!;, we e:<:ample, there is already a natu- SOUl or has unique or highly spe. membefs of Minnesota's con- Minneapolis Deputy Police Chief ~rr
c&uld have 11 meaningful system ral greenway "long Rice Creek. cHic h<lbitat requirements. gression<ll delegalion. Hes{ness sllid Ihal as long BS Clemons I~n
lor grcenwa'.sltha( WOllhl be nOl which nows through ~ corner of "Thl' nrsenal site i~ now prob- In a receut leller tu the com dOll1!; police \Vork: Ihere's 110 prrohlem \\III
I It~r fur Wildlife bw for recreatioll. the arsenaL rhe cred emplies ably a bil!; enough 'isl<llld' to millee, lhe Dl\TlI's metro region "Slle cer1i!inlv has a nglll 10 he t'mploye,
too," said Joan, GalH, <I nong:ll11e inlO Il1e MissisSippi River, ilself main lain the mOllse <lnd the rur. adminisrrillor, K.'Ilhleen Wall<lcc. her new career.. jfshe ~nlllcI1l)wWCH'
\~i1dlife~pe(!allsl Wllh Ihe Minlle. an impOrl3111 comdorforwildlife. Ill', plus other species," said lohn strcssed ,Ihat Ihe arsenal is s!iipwith ol1roffiCers.lhar would be tmprn
sota Ocpanmem of N.fltur<ll Re- Somed.flY II mig!11 be p'Hstble 10 Morwrly, a wlkilife speri<llist with blessed with a variety of 1I<llurai Ilefore she WilS relieved of duty on
Sl)!lrce~ (DI\TRI Ilse grcenw<lYs 10 link the arsen(11 Hennepin Parks. "But if the arse- resources: ,~'etl<lll<ls, lakes, o<lk Clemons had worked a~ a supen'lsor \11
:The green ways wuid v<lry lo.<;uch big wildlifcsanctuanesas nai g!!tS broken lip for dcvelop- woods. prilHle aou tiln~e t1ocnm- hlgh.rises. !lIJUSlllg ofhclal~ would nOI
I fron: a gra~sy rig!1f-of.way beSl,'de Elm. Creek Park Reserve HI Ilen- memo it mighl b~ too small to mon Plan~,<lI:?,a~lil1llll spenes dUlies, but.lhey verified Ihal she is emplm.
a railroad tr<lck 10 strelches (If nepll1 CDunly. mainlilHl po pula lions of l3!<lnd- She snld, It IS ImrOnanllhal - Ml1na Bl1m
brush mllJ timber :tiong <I creek. Yel al1n(her ....reellway might ing'stunll's" aslargeilllacl ofhahit:tl a~ [lossi. . . .
Th('ywnuld serve as conduils for link Ihe arscllill to Ihe Rice Creek A f ble he lllamt<lUleu lalld bel con- Terwilliger conSiders U.S.
wildlife movement, as r1l'stmg Chain of L<lkes Regional P~rk. mixture 0 uses necled to Rice Creek. This IS illl-
sites for hirds. alld could even and from there 10 lhe spl1lwling A (olllilion. including conser. ponallllo counteract the CDn~e. nep\lblican ~l;J.1C Sen. Roy TerwiIJigl'l
help di,PHS.;o plilOl seeds. And Carlos ,\ver\' Slate Wildlife Area, vation;sls and Ihe DNR. is urging quell(CS ofhilhitill fr<lgmenl<l(ion fanned <I COll1millee to e:<:piorc gelling i
I w~il~ gr,',enways CO,llld aid mnny bO,th in Anoka COUllly. Uhima,te- an ad\'isorycommittee 10 recom- Ihat resull when \lrbal.l develop- "Ear,ly.n, "',l year w~ should have everYlh
wtldlrfe speCl~s, care must \)e lak- Iy. C[lllserV<ltiolllsts say, Ihe arse- mend thilt at least all of (he arse- ment surro\lnd~ ,1nd dlsconnecls Ihe hhna hanker silld
en: Predalors al~o hke such eorri- nal (0\110.1 be a haven from which nnl's undeveloped land - rough- Pillches ofwddlife habit <I!." I'ormcr US. Sen. Rudy Roschwil7. all<
dors. which could b,~come dl'<llh. wild crea(ures cOllld repopulilte Iy 1.5(JO acres. or GO perCell( of Surh conscquellces include C01l1tlll~sloner Ill'rt McKas\' ~re cOl1sili,
tr;\ps for ~Dme scarce anim<lis. other Sllil~hle lr<lcts. Ihe ~ile _ he set aside. Thil( I<lnd lhe loss of ~p('cies Ihat require Hepllhlicau ra(~ to d1<l1lcnRc Demou<l1
,'llhllllgh slreets<ll1d highw<lj's T11<11 mighl include three un. would be ma.naged as a park re. larger patches of habitat. Small sIUI1!!. Fonner Eden Prairie Ma~'or D!)ll
I oow cross Illany o( Ihe po(ential COllllllon nalive species foullll at serve for wildlife .and for such patches, Wailnce s<lid. MC "more aclivis\ Gary Carlson dropped om iasl 1\
greenw<lv coules. ul\dcrpllsse~ ,1fsenal: BlilIl{ling'.<; lurtle. a pr<li. recreational actlvl(ies 115 hiru eaSIly invaded bY, alien. nonnali\'e GOP nOl11illa~101l ,are COltage Gro\'e .1\1
could be hllilt III ~])me <lreil~ to rie plillll railed the IJlinois lick. w~tchillgand hiking. pl~nls <lnd anilll;lls. often 10 Ihe llerman.lrol! Bange bllSllles.~lIlan Phil 1
alluw willllife 10 pass s;lfely. AI- IrefOlI and the piains pocket The committee was set up a detrill1entofl1f1tlvl's[lccie~:' shop uwncr Monll Moreno ami formcl
. S~~fnea'ISleveVD,'ng
I Town of Badger says goodbye to victim of fire 'H"'~~E;~;1::~:~;;:;;7~:;i,~:,:;~::,~~::;:
Regents OK request for $:
Asso<:iatedP,es, r------:--..J\--~ hv nine hunters h\lllle(1 dnwn. AmOll!; rhos'.: allending the
~ ~ O.ffi(ials ~aid all <Iii fllfn~ce scrviccwcrc<lbuul.2()llf.sinlJl'rg"~ l1wllnil'!'rsiIYI,f:"1inllf:snt;lllnnrdnfl
11AIl(;Ell. :'-.IINN - Neatly ,100 \ 8a'l~e" '~_ call~ed the nrl'. dO%l11ates frulll NOflll,,"c~1 !rcn. a~k Ihe 1<J!)" 1.f'~JIlalllr(' for52:'11111lion <II
I p'~"ple [lMh'd a church tI('~,igned I 7 ,\lso killed we, re Hoger j l.1nsl)l1. nic<ll Cllill'gc il1l:;I~l (Jr:lOd f'orks. P,il~' for <;lrl'<I,lT1lininl'; and r('(1lgalliltllg il-'.
t\l ~(,<lt ;lb"lIl 2001 h'I,n;(,lav as, Ihe \' ( 23'0[",'" "",r",dd !loweil, .3.. f)f Minu.. WllCrt' he,' \\I;l~ <;[UdY<lll:; which tIKIIHleS.,lllhe,hrillth<lml rneulcill
~m;J1I I(]\\'u ,,{ ilodJ.:('r ql(l r.1(e. I ROIl'au, and i11s SOI1. Kellh. 11. carpl~nlry. The S(Ulll'llls l)[I)llght IV Ilns!'II;\1 q<<;tl'l\l
well III (Jnl' 01 [our prople kl!lt:d l'\Ineral~ {Ilr Ihe Dlhn (hree vic a ~IH\lce (r"r 10 ]llnnl and a rill' ,,"!\('ll1<; prnpn<;erJ lh.11 Ih,~ flH!Il<"'
11I.1 nrr;lt.1 deer hUlltinp, compo M'nnesota 11I1l~ wrresrhrdulrd for tDd'l\' pl;"lrll' m go wilh II )'l'<lr it ",,,1111\ nth('t,,"l~e ronlrihme 10 Ih,
Sidl' rrHHIl~ <lnil IIlI' ll;\lclll1V ! Fi\'tf1tlll'r~~llrii\'rtl' 11,,-. ~"""d ,01", ;n~l"d,.1 "'~.." r"",' .,,,.; ~,~, "..:.... (",m .,,~ - -.- -...
. JAMESP.LNlKIN LARKIN, HOFFMAN, DAL Y & LINDGREN, LTD. TERRENCEE. BISHOP
R06ER.T L. HOFFMAN LISAA. GRAY
GERAl.OH. FRIEDEU GARY"', RENNEKE
~~~-J~r:~~L ATTORNEYS AT LAW CHRISTOPl"ERJ, I'IARRISTKAJ..
. . BRUCE J. OOUGLAS
GENE N. FULleR 'MUIAM C. GRIFFITH. JR.
JOHNO. I'U\.L"..ER .JOHNJ. STEFI'ENIiAGEN
FRANK L ~VEY 1500 NORWEST FINANCIAL CENTER OANIELW.YOSS
.- CHA.IlLES S. MOD€LL JOHNR. HlU.
CHRISTOPHERJ. DIETZEN 7900 XERXES AVENUE SOUTH PETE.'lJ.COVLE
jOl1NR. BEATTIE f>Hlt.lPG./IUlEJII
LINOAH. FISHER BLOOMINGTON, MINNESOTA 55431-1194 MICHAELJ. SMITH
THOMASP.STO\.TMI<N V1L1SR.INOE -
MIC~L C. JACKMAN TELEPHONE (612) 835-3800 ANOREWF.PERRIN-
JOHHE.OIEHL .....NM. MEYER
JONS.SWlERZEWSI<I FREOERICKK.IiAUSERIII
THQMASJ.FLYNN FAX (612) 896-3333 L.AJ':!RYO. MARTIN
JAMESP.aUINN .JAl',lEE.BREMER
rooo I. FREEMAN RENEE!.. JACKSON
. GERAlDL.SECK CHR1SToPHERK.lAFlUS
JOHNS. LUNOOUIST MARCY R. KREISMAN
DAYLE NOLAN. MAAIELE.PlILO\.A
JOtiNA-COTTER" STEPl'IEN J. KAMINSKI
SEATRICEA.ROTI-lWeILER Tr!QMA$F.!lJ..EXANOER
PAULS. PLUNKETT QANlELT.KADLEC
AlANL.KlLOOW SHARNA A. WI\HLGREN
. KA11-<<.EEN M. PICOTTE NE\M>IlAN
MlCHAEL8.LESA.RON OF COUNSEL
GREGORY E. KORSTAD JACKF, OALY
GARY'" VAN CLEVE' O.KENNETHlINOOREN
DANIEL L. BO'M.ES ALLANE.MUUlGAN
TIMOTHY J. MCMANUS WENCEL1..R. .MiClERSON
TIMOTHY J, KEANE JOSEPH Gms
. AlAN M. AADERSON
DONNA L. ROBACK
M1CHAELW_SCHLEY . AlSO AOMITTEO IN wSCDNSIN
ARTHURS. SEEMAN -AlSO ADMITTED IN GEORGIA
RONNa.KREPS
. November 13, 1995
I Brian Fritsinger
City Administrator
City of Arden Hills
. 1450 West Highway 96
Arden Hills, Minnesota 55112-5794
If Re: 1996 Legislative Representation
Dear Brian:
. Thank you for allowing Larkin, Hoffman, Daly & Lindgren, Ltd. to submit this proposal for
representation of the City of Arden Hills at the state capitol during the upcoming legislative session,
. which begins on January 16, 1995. We have a very strong government relations team with a
demonstrated record of achievement in serving clients of the firm. 1 am enclosing biographies for the
. individual members of our team who could be called upon, if necessary, to assist the City.
We understand that the City wants to obtain a substantial commitment of state funds to assist with
. planning and preliminary engineering relating to the Twin Cities Army Arsenal Plant. We already have
established a substantial foundation for making this request for state assistance, both in terms of the City's
planning efforts and specific contact with key legislative leaders and a key representative of the
I governor's office. Thus far, the feedback has been positive and supportive.
In addition to pursuing the desired level of state funding, we will want to continue to introduce you and
. other representatives of the City to the leadership of the Minnesota legislature and state agencies, such as
Trade and Economic Development, Natural Resources, Pollution Control Agency, etc.
. We estimate our fees for representing the City at the capitol during the upcoming legislative session will
be $35,000-$40,000. This engagement will cover the following services: drafting legislative language, as
.- needed; contacting key legislators to solicit their commitment to the desired funding; representation of the
City (along with representatives of the City) at any hearings or briefings, as required; monitoring of
legislative hearings and sessions to ensure the City's request remains intact; and preparing a periodic
.
.
LARKIN, HOFFMAN, DALY & LINDGREN, L TO.
- . .
Brian Fritsinger
November 13, 1995 .
Page 2 .
-
report summarizing our activities. The actual fee could be higher (or lower) depending on the complexity .
of the issues to be addressed, the extent of opposition to be overcome, if any, the skill and experience of
the lawyers involved and actual time expended in behalf of the City. In addition to our fees, the City will
be responsible for out-of-pocket disbursements, such as mileage, parking, telephone, copying and other .
charges.
Based on the estimate above, we are willing to proceed over the next five (5) months on a fixed fee basis I
of $3,200 per month. During this time, we will provide the City with detailed time entries to assist with
your budgeting requirements. At the end of the session, we will adjust the outstanding fee balance based
on fixed fees paid in comparison to actual fees earned. I
Please call if you have any questions.
~ .
.
Peter 1. Coy Ie, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
cc: Mayor Dennis Probst ,.
James C. Erickson, Esq,
Gerald 1. Seck, Esq. .
Enclosures
0162214.01 .
I
I
I
.
I
-.
.
-
.
,
Jane E. Bremer
I ADMINISTRATIVE LAW Ms. Bremer practices m the areas of corrunw1ications law and
government relations. She heads the Communications Law Department of
ALTERNATIVE DISPUTE RESOLUTION
I BANKlNG Larkin, Hoffman, Daly & Lindgren, Ltd., and has over 15 years of experience
BENEFITS in the telecorrunw1ications industry, Prior to joining LHD&L, Ms. Bremer
BUSINESS PLANNING
I CORPORATE AND BUSL'iESS LAW was the Director of Telecommtmications for the City of Minneapolis where
COPYRIGHT she was responsible for advising the City on telecorruntmication policies
I CREDITOR, DEBTOR AND BANKRUPTCY affecting internal operations and the external infrastructure. She oversaw the
EMINENT DOMAIN
EYlPLOYMENT AND LABOR LAW construction and initial operation of the Minneapolis cable television system
I ENVIRONME!'lTAL LAW and served on both the Minneapolis Telecommunications Task Force and the
EST A TE PLANNING Minneapolis Technology Corridor Task Force. Ms. Bremer began her career
_HAW
I CHISE AND DISTRIBUTORSHIPS as Director of Community and Government Relations for Storer Broadcasting
GAMING LAW Company in the Central United States, holding primary responsibility for the
I GOVER"fMENTALREL"TIONS company's cable television franchising, and government and public relations
HEALTH CARE
I INSURANCE AND CASUALTY LAW efforts from Texas to Minnesota. She currently serves as counsel to a number
INTELLECTUAL PROPERIT of cable television and telecorrunw1ications companies as well as co-counsel
[NTIR.NA nON AL LAW to the Minnesota Cable Communications Association.
I UND USE
LITIGAT[ON Ms. Bremer is a frequent speaker in the cable television arena as well
PATENT as other media and telecommunications business forums. She has been a
I PERSONAL INJURY guest speaker for the National League of Cities and the League of Minnesota
PRODUCT LIABILITY
I PROPERTY TAX APPEAL Cities as well as cable industry conferences.
PROfESSlONAL CORPORA TIO~S Ms, Bremer received her bachelor's degree, magna cum laude, from
PUBLIC POLlCY
I PUBUCANDMUNICIPALLAW Florida State University. She received her Juris Doctor. with honors, from
Hamline University School of Law.
REAL ESTATE
I SECURITIES
TAX, TRUSTS AND E.STATE.S
_MMUNlCA TIONS
I T EMARK
WORKERS" CO:OVlPENSA nON
I 1500 Norwest Financial Center. 7900 Xerxes Avenue South. Bloomington, Minnesota 55.lJ 1 . 612/835-3800
. , I
: -.
Peter J. Coyle .
ADMINISTRATIVE LA W Mr. Coyle is a member of Larkin, Hoffman, Daly & Lindgren's .
ALTERNATIVE DISPUTE RESOLUTION Government Relations and Land Use practice groups. His government
BANKING relations practice encompasses the U,S. Congress and Minnesota Legislature, .
BENEFITS
BUSINESS PLANNING as well as state and federal administrative agencies. Mr. Coyle specializes in
CORPORATE AND BUSINESS LAW representation of private developers and lando,-,ners before state agencies, the .
COPYRlGHT
CREDITOR, DEBTOR AA'D BANKRUPTCY Metropolitan Council, county boards and city councils. He also supports the .
EMINEJ.'IT DOMAIN fIrm's Public and Municipal Law practice group in its representation of
EMPLOYMENT AND LABOR U W municipal clients.
ENVrRONMENT AL LAW .
!vir. Coyle has served as Staff Director and Chief Counsel to Uniled
ESTATE PLANNING
FAMILY LAW States Senator Rudy Boschwitz and the U.S. Senate Committee on Small ,.
FRANCHISE AND DISTRIBUTORSHIPS Business in Washington, D,C., with responsibilities for trade, taxation, labor,
GAMING LAW ?
GOVERNMENTAL RELA 110NS insurance and banking issues. I
HEAL TII CARE Mr, Coyle received his bachelor's degree, magna cum laude, from St.
LNStJRANCE AND eASUALIT LAW Cloud Stale University in 1979, majoring in public administration and his .
LNTILLECfUAL PROPERTY
INTE~"'AT[ONAL LAW juris doctor, cum laude, from Hamline Universiry Law School in 1984, While
LA.'ll) USE at Hamline, Mr. Coyle received an award for Best Advocate al the Jessup .
LITIGATION Regional Moot Court Competition and was the editor-in-chief of the Hamline
P A TE.:'IT .
PERSONAL INJURY Law Review.
PRODUCT LIABILITY
PROPERTY TAX APPEAL .
PROFESSIONAL CORPORP.. rlm-iS
PUBUC POLley
PUBLIC AND MUNTC1PAL LAW .
REAL EST:\. TE
SECUPJT1ES .
TAX. TRUSTS AND ESTATES
TELECO~IMUNICATIONS .
TRADEMARK .
WORKERS' COMPE"SATlm-i
\500 :--.ror.v.est Financial Center' 7900 Xerxes Avenue South' Bloomingwn. :Vlinnesota 55431 . 612/835-3800 .
..
--
Edward J. Driscoll
I ADMlNISTRA TIVE LAW Mr. Driscoll is the former president of Larkin, Hoffman, Daly &
.~LTER.NATIVE DISPUTE RESOLUTION Lindgren, Ltd. He joined the firm in June of 1975, after serving as Minnesota
I BANKlNG Commissioner of Securities and Chairman of the state's Commerce
BENERTS
BUSINESS PLANNING Commision for four years.
I CORPORATE AND BUSINESS LA W As Commissioner of Securities, Mr. Driscoll had responsibility for the
COPYRlGHT administration of laws which regulated the securities industry, sale of real
I CREDITOR. DEBTOR AND BAN1<.RUPTCY
estate, subdivided land, franchises, charities and corporate takeover. Under
EMINENT DOMA[N
EMPLOYME'IT .AND Uo.BOR LA. W this direction, the laws and regulations governing the offer and sale of
I E!'l"VIRQNMENTAL LAW franchises were adopted in Minnesota.
EST ATE PLANNLNG
.e::IL Y LAW At Larkin, Hoffman, Mr. Driscoll's practice has been focused in the
;RANCHISE AND DISTRIBUTORSHIPS areas of corporate, franchise, securities and insurance law, with particular
GAMING LAW emphasis on regulatory matters. He has been retained as general and franchise
I GOVER'fMENTAL REL'\ TIONS
counsel by a number of Minnesota-based franchisors and as special franchise
HE.A.L TH CARE
I lNSUAANCE AND CASUALTY LAW counsel to assist out-of-state franchisors with specific transactions 10
~LLECTUALPROPERTY Minnesota.
lNTERt"'(ATlONAL LAW
I LAND USE Mr. Driscoll is a graduate of St. Mary's College, Winona, Minnesota,
UTIGAT!ON where he was awarded a Bachelor of Arts degree. Subsequently he attended
I P,^, TENT DePaul University College of Law, Chicago, where he earned a juris doctor
?ERSONAL iNJURY
degree. He is also registered to practice law in both Minnesota and the
PRODUCT UABIUTY
I PROPERTY TAX APPEAL District of Columbia. He is a member of the American, Minnesota State and
PROFESSIONAL CORPDR.A. TIONS the HennepinIRamsey County Bar Associations, He is a member. of the
I PUBLIC POlley sections on corporation, banking and business law and anti-trust law of the
PUBLIC AND MUNIC!P.t..L LAW
REAL ESTATE American Bar Association.
I SECURlTIES
TAX. TRL:STS A,\lD ESTATES
.COMMUNICA TION5 01 ]9587.01
I TRADE;.\1ARK
wORKERS' COt\\PE::-.lSATION
I 1500 Nor.vest Financial C~nter . 7900 Xerxes A venue South .. Bloomington. \-Jinnesota 55431 . 611/335-3800
-
-
-
. .
-- -.
James C. Erickson .
ADMINISTRATIVE LAW Mr, Erickson is the President of Larkin, Hoffman, Daly & Lindgren, .
ALTERNATIVE DISPUTE RESOLUTION Ltd., a prominent Twin Cities law firm. He joined the firm in 1972 after .
BANKING serving as a Special Assistant under Attorney General Warren Spannaus and
BEl'o'EFITS
BUSINESS PLANNING on the campaign staff of Governor Wendell Anderson. Mr. Erickson has .
CORPORATE AND BUS1NESS LA.W practiced primarily in the Governmental Relations Group of Larkin Hoffman
COPYRIGHT serving clients at the federal, state and local levels in government problem
.
CREDITOR, DEBTOR AND BAJ.'..'}(RUPTCY
EML~"'ENT DOMAIN solving. He developed and led the firm's legislative and lobbying department,
E.1l,i(PLOYME..i'fT AND LABOR L~ w which now includes six full-time practitioners, In 1990, Mr. Erickson was .
ENV1RON1\iIENTAL L......W elected President of Larkin Hoffman, a 70-lawyer firm headquartered in
ESTATE PLANNlNG ..
F..:l...J.\II:IL Y LA W Bloomington, Minnesota. Mr. Erickson specializes m lobbying,
FRANCHISE AND DISTRIBUTORSHIPS Telecommunication Law and Gaming Law. His clients have included '0
GA..\1IN'G LA W Citicorp, the Mall of America, Browning-Ferris Industries, Storer .
GOVERNMENTAL RELATIONS
HEALTH CARE Broadcasting, the Minnesota Cable Communications Association, the
INSURANCE Al'ID CASUALIT LAW Minnesota North Stars, the Super Bowl Task Force and the Regional Transit .
INTELLECTUAL PROPERTY Authority. He is a recipient of the Distinguished Service A ward from the
INTER.."fATIONAL u. w .
LM'.fD USE Minnesota Cable Communications Association and the Outstanding Staff
LITIGATION Member Award for the Minnesota Multi-Housing Association.
PATENT Mr. Erickson is a member of the Board of Directors of Southview .
PERSONAL iNJURY
PRODUCT L!ABlLlTY bank, the Minnesma Cooperation Office and the law firm. In the past, he has
PROPERTY TAX APPEAL been President of the Bridge for Runaway Youth, a Voyager Outward Bound .
PROFESSIONAL CORPORA:rrONS School Board Member, an Alternate Governor of the National Hockey
PUBLIC POLlCY .
PUBLlC AND MUNICIPAL LAW League, Treasurer of the Lutheran Church of the Good Shepherd and a Board
REAL ESTATE Member of the State Capital Law Firm Group. He is a member of the
SECURlTIES Minnesota Business Partnership, .
TAX. TRUSTS .AND ESTATES -.
TELECOMMUN1C..l, nONS
TRADE:\IA.RK
WORKERS' CQ.\lPE?\SA TION
1500 NOr\vest Financlal Center . 7900 Xaxc;s A venue South . Bloomington. :vIi nnesota 5.5-1-3 I . 6121835-3800 .
-
I ~
I
Gerald L. "Jerry" Seck
I
Mr. Seck is a shareholder and current Chairman of the Governmental
ADMll'llSTAATIVE LAW
I ALTER."'lATIVE D[SPlITE RESOLUTION Relations Practice Group at Larkin, Hoffman, Daly & Lindgren, Ltd.
BANKING Mr. Seck completed his W1dergraduate degree at the University of Minnesota.
BENEms
I BUS1NESS PLANNING He also attended law school at the University of Minnesota, where he obtained
CORPORATE AND BUSINESS LAW his Juris doctor in 1969. Mr. Seck's experience includes a clerkship for
I COPYRIGHT
CREDITOR, DEBTOR AND BANKRUPTCY Justice James C. Otis on the Minnesota Supreme Court, legal director of the
ElvllNENT DOMAIN Minnesota Public Interest Research Group, Executive Director of the Leech
I EMPLO'!1v[ENT A..ND LABOR U. w Lake Indian Reservation Legal Services Project, and the Director of the Truk
ENVIROr-."ME~"T AL LAW
If:TEPLANNlNG Office of Micronesian Legal Services. He also served as a public defender in
ILY LAW the Ninth Judicial District (Bemidji area). He has been recognized by the U.S.
FRANCHISE AND DISTRIBUTORSHIPS Environmental Protection Agency (EPA) for his environmental work
I GAMING u.w
GOVERNMENTAL RELA nONS (Environmental Quality Award. 1975) and is currently the President of
I HEALTH CARE Vinland National Center, a non-profit rehabilitation center for the mentally
INSURANCE .~.l"tD CASUALTY u.w and physically handicapped. Mr. Seck has been an active lobbyist at the
~LLECTUALPROPERTY
I INTERNATIONAL LAW Minnesota Legislature since 1971 and has lobbied for a variety of clients and
LAND USE issues for governmental units and private concerns.
LITIGATION
I PATENT
PERSONAL [NJURY
I PRODUCT LIABILITY
PROPERTY TAX APPEAL
PROFESS[ONAL CORPORATIO:-iS
I PUBLIC POLlCY
PUBUC AND MU:--''1CIPAL LA W
I REAL EST A TE
SECUR1TIES
_ TRUSTS AND ESTATES
I fCOMMUNICA T10NS
TRADEMARK
I WORKERS' CO,\lPE;-";SAT!O~
1500 Nor.vest Financial C~nter . 7900 X~rxes Avenue South' Bloomington. .Yfinncsota 55...\.31 .612/835-3800
--- .
I
I. CITY OF ARDEN HILLS
MEMORANDUM
I
DATE: November 14, 1995
I TO: Mayor and City Council
I FROM: Brian Fritsinger, City Administrato~
I SUBJECT: Administrator Comments for November 16, 1995, Council
Worksession
I 1. Agenda Items
a. Miscellaneous Items
1. 1996 Trail Project
I The Parks Department currently has budgeted planned trail improvements
in 1996. Segments of the trail system have been surveyed and analyzed
I with a recommendation to proceed with one segment of this project. Staff
would like to review this project and discuss the prioritization and timing
of the undertaking.
1- 2. Codification
Staff has some brief questions which relate to Chapters 1,4,5,7,8 and II
I of the Municipal Code. Full review of these Chapters will take place
in December.
I 3. Sexually Oriented BusinessfGun Shops
Staff would like to discuss the possible implementation process, content,
and the extent of these proposed Ordinances with the City Council.
I Several examples are attached for review.
4. Lake Johanna Volunteer Fire Department
I The Fire Chief, Don Szurek would like to spend a few minutes with the
City Council to introduce the Fire Department and discuss any issues the
I Council may have,
5. Finance Committee/Public Works Committee
I Representatives of these two committees will be in attendance to discuss
the activities of the past year and possible goals for 1996.
]
Ie
I
I
2. Non-Agenda Items .1
a. Investment Portfolio Analysis Ending October 31. 1995 I
b. Miscellaneous New Articles I
c. Third Ouarter Ramsey Countv Sheriff Law Enforcement Activity Report
d. Proposed Law Enforcement Service Contract (Draft) .
The Council will find a revised contract for services with the Ramsey County
Sheriff. The contract was drafted with the assistance of City Attorney Filla and I
will be updated to reflect Arden Hills jurisdiction. The contract group has spent
most of the 1995 year reviewing this five (5) year contract, so additional fine ,
tuning will occur in regards to dates. Please review and provide any comments at
your earliest opportunity, I expect this to go before the City Council for action in
December. I
1996 Le!!'islative Representation bv Larkin. Hoffman. Daly & Lindgren.LTD.
e,
Recently, the Mayor and Staff had discussed with the City Council the legal ,
assistance which has been provided by Mr. Peter Coyle, As a result of these
conversations Staff had met with Mr. Coyle and requested a formal proposal for e,
representation be prepared. The Council will find this proposal attached and may
wish to discuss it further at the Meeting.
I
,
I
,
I
.
r
-,
,
I
-.
I . CITY OF ARDEN HILLS
. MEMORANDUM
I .
DATE: November 14, 1995
I TO: Brian Fritsinger, City Administer ~
I FROM: Cindy S. Walsh, Parks and Recreation Director c5
SUBJECT: Trail Priority Segment for 1996
I Trail divided into se2:ments
The 1996 Park Fund budget recommendation includes $40,000 for trail development. This
I recommendation was intended to cover the development of a portion of the trail area that extends
from Briarknoll Drive north to the Arden Hills City Hall. The anticipated trail along Highway 96
I would connect with this trail at some point in the future. Since this entire trail portion includes
some difficult terrain, which would require the additional expenses of retaining walls and bridge
construction, I have broken the trail down into three segments. My intent is to recommend one
I segment to be developed each year until the entire trail has been completed. I have included a
highlighted map defining the segments.
.e 1996 Recommended Priority Seflment
The proposed improvements include the trail easement area that abuts McClung's fourth addition
of Colleen Court. Developing this area is a priority since the homes have not yet been built.
I Whenever possible, it is better to develop trails before residents inhabit the area. The trail would
be an 8 foot wide bituminous trail. The recommended trail construction would occur from
Briarknoll Drive north to two locations along Colleen Avenue, and it would continue north
. adjacent to the McClung development, finally connecting to the existing easement in the Arden
Vista Court cul-de-sac,
I The northern segment of this trail, which would ultimately connect with the Hwy 96 trail, is not
staffs first priority at this time because oftwo problem areas. In the area north of Arden Vista
I Court and south of Arden View Drive, our existing trail easement is part of an expansive
wetland. At this time. the development of this area is cost prohibitive. This segment is also
difficult because it narrows to a 10 foot easement north of Arden View Drive. The North
I Townhouse Association has part of their sprinkler system within this 10 foot easement. Because
of these difficulties, staff would recommend delaying this northern segment until alternative
solutions can be worked out.
I
Cost Estimate
I The cost for the proposed improvements are estimated between $39,000 and $42,000 depending
on the cost to construct a t10ating trail or boardwalk segment within the McClung leg of the trail.
.- If the bids received are higher than $40,000, staff would recommend developing the south leg
I
.
."
ponion of the recommended priority segment of the trail in future years. ' I
Time Lines .
.
The Parks and Recreation Committee and I are planning to meet with the residents around this -
trail area on December 12, 1995. After the meeting, I will recommend that plans and
specifications be drawn up in early January and bids be solicited late January or early February in .
an attempt to receive competitive bids.
I will be reviewing this proposed trail segment with the Mayor and City Council at the I
November 16, 1995 work session. Please contact me if you have any questions or concerns prior
to Thursday's meeting,
.
I
.
.
-.
I
.
.
I
I
I
.
-.
.
I,. JL-L
I. ~-.
, I I ~
I Ii , I ~,- ,'"
, , ",1
~, 'J .:0;.'
I: I ~
I ~ I ~.
I I
)
I eo _
to - ~! ::.- ~
';l:l ~ f ';::I
- I ( '0<:.
I ~, ~
" I
z "
o ,
~
I ~ _._ I
.
I I '"
. Ul
~~~ ~
I !~~ ~
I . " I.! ",.,''1-
I \
I \ ~
I ~
I .... / ~
I ~ 0 /. 0
..,.. --.:- .... .: \
." ~"'~""" 'V' \ ~
'0 ....._~~~.., ~
"" ,., 0 .,L I \
I 7", ~ C. "'.". -"'~ c.;~' /1 \
'0_ '11 .,."'" / '\
-'" -'> -.:-' -'" '
- -:::. >:"lJl. \
I 0." ~ ~ '"
g , ~ ~
"'~' ~ ~ , II ~ _ ,
!1:;_____ .....-0 ,\1 ~:...;" <':
'" ~ .,,~ ~~ ~ :f ' ~ ~ -
;:: ...... -;!:. /, '- <::::
I '" - ~ 7 - -,.{i '-'" ~
g:::: I .....-z:.. Q _ " ':'~
~ -" "" 0 ""1 0
-:::. 1110 C- i -q,
.,,-~ 7"'l"'': I
7'=" -'> \
',1. t IO$TA<XI\I"T
I - ~~ 1
s: ~.
~ ~ ~ ~ 10
- ~~~-
000
< Q) u -L-
I f'Tl-jO
!M1 s: ~ (J) fT\
~ f'TlPf'Tl _
= Z r= 0 '..Y/
c:::!:':, g -j
I ~ (J)
=:
I , ,
I. CITY OF ARDEN HILLS
MEMORANDUM
I .
DATE: November 16,1995
I TO: Mayor and City Council
FROM: Kevin Ringwald, Community Development Director If" -
I
SUBJECT: Gun Shop Regulations
I The City Council and the City Administrator have placed several objectives on the work program
for the Community Development Department for 1995, one of these objectives was an ordinance
I regulating "gun shops" within the City.
Currently, the City Code does not specifically regulate these type of activities. However, the
I City Code (Section 13-24, Subpart gg) does require these uses to obtain a business license for
retail sales.
I Minnesota State Statutes, Chapter 471.635, states:"Notwithstanding section 471.633, a
governmental subdivision may regulate by reasonable, nondiscriminatory, and nonarbitrary
.- zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. For
the purposes of this section, a firearms dealer is a person who is federally licensed to sell
firearms and a governmental subdivision is a entity described in sections 471.633 and 471.634".
I However, all other regulation of firearms, except for the discharge of a firearm, is preempted by
Minnesota State Statute, Chapter 471.633 (Exhibit A).
I The Minnesota State Statutes would indicate that the regulation of gun shops by the City would
be limited to: home occupation (permitted/not permitted), spacing between uses (gun shop to gun
shop), and spacing to sensitive uses (churches, schools, day cares, etc.). In reviewing this topic,
I Staff has found that very few cities regulate the location of gun shops. The City of Saint Paul did
start the process of regulating the location of gun shops in 1993 and concluded the process in the
Spring of 1995 (Exhibit B).
I The Stalf would like to discuss the possible implementation process, content, and the extent of
I the proposed ordinance with the City Council at the worksession.
I
I
,-
I
, Fx>>Jl$rr 1/3
7. A I
,
\ ti) MUNICIPAL RIGHTS. POWERS. DUTIES I
~ :1
1 Municipalities :1
!
CHAPTER 471
I MUNICIPAL RIGHTS, POWERS, DUTIES 'I
:~"
1 47U5 Recreational facilities. 471.563 Uses of loan repayments. I
471.16 May act independently or 471.564 Bonds. ,I
cooperatively. 471.57 Public works reseNe fund. ' i
471.17 Loc3t!on of activities. 471.571 Permanent improvement fund, II!
411.18 .. . S'tate: board of eQucation to !;cruin c:iti~.
I enablish qualifications. 471.512 InfrastructUfC replacement ' I
J,7\.19 Recreation program to be for reserve fund. i il
educatiOll pUT'pOse$. 471.5& Range association of
47\.191 Acquisition of facilities. municipalities and $Chools~ \ r ~
471.1911 Validation of school-district membenhip, \ il
I agreements. 471.59 Joint c"ercise of powers.
.:l.71.193 MunIcipal heritage preservation. 411.591 ExteIUiiOD ofmunicipaJ services..
471.'i95 Unclaimed property', disposal. 471.61 Group insurance. prou:c:tlOI1 for
471.14 Statucory cities and lowns may officer.s, employees. reured
.. officen and employees.
join in maintaining cemeLeries. 47l.611 Retirees' health insur.tnce Ii
1 47\.345 Uniform municip~1 comficting 'oene6cs. l'!
law. 471.615 Individual annuity roncractS. '[
47U46 Publicly owned and leased !"
vehides identified.. . -- purcha$ for public: officer or
47U5 Specifications of supplies or employed.
41 L6151 Contributions from lawful
equipment. . gambling org.a.cizations.
I 471.36 Noncompetitive supplies and i'
equipment. 471.616\ Group insurancc~ governmental f
units. T
471.37 Violations. 471.611 Self.insurance o~empioyee health i'
471.371" ContractS for constTIll;ticnof 'oeneti[S.
. treatment works. 471.62 Statutes or rules may bt: adopted
I.. 471.38 Claims. by reference.
47t.J9\ Ded.aration form. 471.63 Promotion of safety and
471.392 Penalty. preservation of human life.
4]1.40 Auditing claims. 47L.631 Rewards for informatioa about
471.4l Auditing accounts not itemiud a felon$. ,;
gross. misdemeanor. ~47L633 Firearms.
I 471.415 Duplicate watralltS or orden. ~ 471.634 Definition.
47\.425 Prompt payment of lociM ~ 47\.635 Zoning ordinan~ I
government bills. 411.64 Acquisition and disposition of \
411.44 MUOlcipalities to furnish. counsel property from United Slates and
to defend public officials. SlaLe agencies.
I 471.45 CostS and disbursementS to be 411.65 Grant. advance. or loan from ,
assigned to municipalities, federal or state government. I
471.46 V acancies~ persons ineligible to 471.653 Distribution of certain federal
appointment. payments..
~71.~64 Ramps at crosswalks. 471.655 Economic opportunity program. I
471.465 physically handicapped. building powel"S of municipalities.
1 f!:%ulations; definitions. 471.66 Vacations, I
471.466 Administration and enforcement. 47l.665 Mileageailowances. 1
471.467 Building requirements; 471.666 PeTSOnal uS(: of publicly owned
conformity. automobiles probibited. \
47\.468 Building plans: approval: 47\.67 Agreement be:tween
1 e~ceptlOns. commissioner of natural
47lA69 E!evators in apartment buildings. resources ami municipality. ,
411.471 ~ccess review board. 47\.68 Distribution of publicalions by \
...71.475 MunicipaliLies may lease any county or ctty. \
hospitals. 471.69 Limitation of taX levies;
471.476 ~mbujancese(Vices. statement. I
I 471.49 Definitions. ..;71.695 Cities iinancial statements, ,
471.50 County board may make reportS and audits; definitions. \
agreements iIt ~gard to ta~es. 47\.696 fi-scal year; designation.
47\5l .-\greemems must state lim;: (or 471.6'165 Publication of summary budget
wilich payments are to be made. statement. I
I 471.52 Apportionment of paymenls. 471.697 financial reporting; audits; cities
47U3 Who may make reQu~ts. and wwns of more than 2,500
471.54 Use of money. population. \
47US Construction ofseclions 47lA9 471.698 Financial reporting; cities of less
to 471.55. than 2.500 ?apulation.
1 471.56 Municipal funds. <17\.6985 financial reponing; audits;
ECONOMIC DEYELOPMENT n1unicipalliQ.llOt store.
;'C' LOAN REPAYMENT 471.699 EnforcemeItt of reporting
471.562 Dennltions. requirements.
I~~ ,
2/'3 1175. I
471.15 MUNIC1PAL RJGHTS. POWERS. DUTIES 1174
pj;'ygrounds;1
471.70 Reporting of obligatjons by cities. .HI.92j Definicions.
towns. ;choat districts. Jnd 471.926 Relation [0 other COunty ties, indudinr
bodies col'pQratc and politIc. authority.
471.705 Meclinp. of governing bodies: 471.927 COOpeTalion wHh municipalities. Cion of SUCh,
open to publi~ exceptions. 471.928 Recording. town, COlin ty
471.707 Licensef~;notice. 471.929 Enforcement. of carrying 0
471.71 Definitions. 471.93 Appropriations for historical
471.72 Appticalian: purpose. work by municipalities. trict may oper:
471.73 Acceptanc!:" of PrQvisions. 471.941 Appropriation for an:istic boards to OPl
471.74 Bonds to n::lire unfunded activities.
indebtedness. 471.95 Patients in public hospitals, History:
471.75 Ordl:l':S, .sufficient funds; extensionofcredk
cenificatesofindebtedness. 471.96 Membenhip in state and national 1973 C 123 an
471.76 ExpendifUres. obligillions: clerk's associations.
statement. 471.97 AUChority to advance expense 471.16 MAj
471.77 Indebtedness contracted in ~xcess money.
of revenue. 471.975 Payment of salary diffcfelllial far Subdivisi
471.78 Indebtedness ill e~ces.s of reserve forces on acr:ive duty. or any board L
revenue, contracts void. 471.98 Self-insurance; definitions.
471.79 Enforcement. 471.981 Self.insurance Coverage by incorporated I
471.80 Application. paliticaJ subdivision. they may coop
471.81 Consll1lcr:ion. 471.982 Review of jOim self~insurance
471.82 Repealer. exceptions. 9001. and in any ma
-1.71.8] Severable, dfeCl. 471.985 County and city ordinances tion of the prog
471.84 Cemeteries; appropnatloll by prohibitillg trespassing.
certain .subdivisions. 471.99 NOIice of government action. ate money VOl
471.85 Properry transfer; public 471.991 Definilions. with a nonpro
COrpor:;UloM. 471.992 Equitable compensation right to enter'
471.86 Firenghters, prottttion; mOlDr relationships.
vehicles, operation, loss from. 411.993 Compensation relationships of fore de,ignated
47l.87 PUblicottlcers, imen:st in positions, bonds issued PI
cOnltaCl: penalty. 471.994 Joo evaluation .system. approval of a
471~88 EXCeptions. 471.995 Report availability.
471.881 Exceptions; application. 471.9966 Effec! all. other Jaw. school election.
471.89 Contr.aq, when void. 471.997 Human rights act, evidence. SUbl N,
471.895 . C~rtain' gifts by interested 411.9975 Suits barred.
pcl'Wns proh,j,bited. 411.998 Report to commiS.'lioner. a tax to 'd
471.90 Stalutory cities, hospital: transfer 471.9981 Counties and cities; pay equity programs. sel
lD coumy. compliance.
471.91 Air travel aCCounts. 471.999 Report to legislature. tal subdivision, ~
471.9"2 DangerOUSeJl:C3Va!ion.s; 471.9995 Rental dweHing notice. 1.
maintenam:e, abandonment. 471.9996 Rent control prohibited.
471.924 COUnty regulation of History: (11
pawnbrokers, secondhand and C 496 s 1; 1971
junk dealen. '. ',"
NOTE: FOr special laws relaling 10 Specific political subdivisions. see Table 1, Vol. II. 471.17 LOCAJ
471.01 [Repealed, 1976 c 44 s 70] Any corpor
ation program i
471.02 [Repealed, 1976 c 44 s 70] (I) property
471.03 [Repealed, 1976 c 44 s 70] (2) other pi
471.04 [Repealed, 1976 c 44 s 70J or board, with)
471.05 [Repealed, 1976 c 44 s 70] (3) private p
471.06 [Repealed, 1976 c 44 , 70J (4) ,hall hal
471.07 [Repealed, 1976 c 44 s 70J ationa! service a
471.08 [Repealed, 1976 c 44 , 70] History: (193
471.09 [Repealed, 1976 c 44 s 70)
471.1 0 [Repealed, 1976 c 44 s 70J 471.18 STATE I
471.11 [Repealed, 1976 c 44 s 70] In all cases w
shall:
471.12 [Repealed, 1976 c 44 s 70) (I) EstablishJ
471.13 [Repealed, 1976 c 44 , 70J tors;
471.14 [Repealed, 1976 c 44 s 70] (2) Prepare
471.15 RECREATIONAL FACILITIES. appropriate manUL
out the Provi'ionl
Any home rule charter or statutory city Or any town, county, school district, or any History: (193
board thereof, or any incorporated post of the American Legion or any other incorpo-
rated veterans' organization, may expend nor to exceed $800 in anyone year, for the .
purchase of awards and trophies and may operate a program of public recreation and I
~. .... 3/3
471.63 MUNICIPAL RIGHTS. POWERS. DUTIES 1206 1207
with the county auditor in which county such appropriation is made, within 30 days thereo
after such appropriation. The county auditor shall keep a record of the total appropria- , author
tions so made. requin
History: 1945 c 6 s 1-7; 1949 c 486 s 2; 1969 c 150 s I; 1973 c 583 s 34; 1986 c 444 Hi
471.631 REWARDS FOR INFORMATION ABOUT FELONS. s 4; 19~
A home rule chaner or statutory city may offer and pay a reward or fund the pay- 471.65
ment of a reward offered by a nonprofit organization in an amount it deems appropriate MENT.
for information leading to the apprehension and charging or conviction of a person Sut
alleged to have committed a felony within the city's limits. statute (
History: 1993 c 63 s 1 school c
~ accept fr
471.633 FIREARMS. or advar,
The legislature preempts all authority of a home rule charter or slatutory city (1) (
including a city of the first ckass, county. town, municipal corporation, or other govem- 216C.37.
mental subdivision, Or any" of their instrumentaJities, to regulate fireanns, ammunition, of federa;
or their respective components to the complete exclusion of any order, ordinance or (2) [;
regulation by them except that: such loan,
(a) a governmental subdivision may regulate the discharge of firearms; and received t
(b) a governmental subdivision may adopt regulations identical to Slate law, planning c
Local regulation inconsistent with this section is void. Subd.
.. History: 1985 c 144 s 1 advances,
~ States or t1
471.634 DEFINITION. shall not be
utory or ch:
For purposes of section 471.633, the terms "municipal corporation" and "gavern- Histor:
mental subdivision,"" or instrumentality thereof, do not include school districts and
other entities composed exclusively of school districts when school boards or school 10 subd 1
administrators are regulating school grounds, school facilities, school transportation 471.653 D1
services, school programs, or the conduct of students at any activities conducted under
the direct or indirect supervision or control of the school board or administration. F edera]
History: lSpl985 c 12 a,t 7 s 24 States Code,
rule Or statu:
71\ 471.635 ZONING ORDINAt'<CES. determines t1
Notwithstanding section 471.633, a governmental subdivision may regulate by ernmental ser
payment to ti.
reasonable, nondiscriminatory, and nonarbitrary zoning ordinances, the location of tion based Or:
businesses where firearms are sold by a fireanns dealer. For the purposes of this section. aCres ofland
a firearms dealer is a person who is federally licensed to sell firearms and a governmen- mary access te
tal subdivision is an entity described in sections 471.633 and 471.634. vices to the en
History: 1993 c 326 aft 1 s 3; 1993 c 366 s 8 rescue service"
planning and
471.64 ACQUISmON AND DISPOSmON OF PROPERTY FROM UNITED The distn
STATES AND STATE AGE:'iCIES. board to a quai.
Subdivision 1. Any county, city, town, school district, or other political subdivi- located in each
sion of the state may enter into any contract with the United States of America or with 25 percent of e'
any agency thereof, any state agency, Or with any other political subdivision of the state there shall be a
for the purchase, lease, sale. or other acquisition or disposition of equipment, supplies, 30 percent of ti
materials, or other property, including real propeny, mthout regard to statutory or History: I~
charter provisions. The acquisition or disposition of such property from or to the fed-
eral government shall be in accordance with the rules and regulations which may be pre~ 471.655 ECOl\
scribed by the United States of America or any agency thereof. ITIES_
Subd. 2. The governing body of any pOliticai subdivision of the state may desig- With respec;
nate by appropriate resolution or order any officer or employee of its own to enter a nity Act of 1964.
bid or bids in its behalf at any sale of equipment, supplies, material or other property, other municipali'
including real propeny, owned by the Uniled States of America or with any agency lie body of this 51
. II .:;.
I (~~~NDED FEBRU~~Y 22, 1995) f5cH\~T ~ Council File # 95-20
(AMENDED MARCH 1, 1995 )
(AHENDED ~~CH 8, 1995) Ordinance # 95-20
I. LL Green Shee~ # 29696
ORDINANCE
ITY OF ~NT PAUL, MINNESOTA
I Presented ~
I Referred T
1
I 2
3 An ordinance amending Chapler 60 of the SainI
4 Paul Legislative Code pertaining to Zoning;
I 5 adding provisions regulating the location of
6 firearms dealers.
7
I 8 The Council of tbe City of Saini Paul Does Ordain:
9
10 Section 1
I 11
12 That section 60.206 F of the Saint Paul Legislative Code is
13 hereby amended so as to add the following definitions thereto:
14
I 15 Firearm. Anv weanon from which is prooelled anv missile,
16 prolectile, bullet or other mass throuoh a barrel bv means of
17 explosives or Gas or air, but excludino anti~ue f"
.....1.rearm,
.- 18 children's toy, "BBlI oun, scuba qun, stud oun, nail oun, or
19 similar industrial tool or medical instrument.
20
21 firearms dealer. A person who is federally licensed to
I 22 sell firearms 2.r:d. OpC;:'iltC.3 '" gcUl'l ohep J.~. -;:hie:-4 f~r.c.3l11,.3 a;:-c :lB:d
23 f.Lor.. a p~=~Qncftt bu~~~cG~ lecat":"on.
24
I 25 ::cctier. 2
26
27 ~hat 3 c.....t":'a,; GO.207 ~ of ::~c saint ~aul Le~~olat~vc :::"dc i.:J
28 ~c.rebi amc:ld::d 30 a3. to add t~:: fel:aw~ng defifl~tiol'l thczsto:
I 29
'30 C\:~. 31'.::0_ ? bu.:..2.;;.ir.g 6... pO:-:.i6L of ;) buEclin<:j eocup~cd h) a
31 fircBlK3 dealer which ha: jC'.~a~~a. 3o}f,c portis.. :f it3 floo;:- c:::ce
32 c.c.-:;tc..:. ~6 t:cc .32:.1.:. of :ir<:'~I:n.:J ~:-:d Q.]';1mun~tio:-..
I 33
34 GR
35
I 36 Section 2
37
38 That s.ection 60.207 G of the Saint Paul Legislative Code is
39 hereby amended so as to add the following definition thereto:
I 40
41 CLlr. :J::::n3. l. BL.:3i:'lC3C e~ Cl"",.y" ;Jl ::::. GccuEi[.~ b'1 a fil. ':'~::'ffi:J
42 c.ca.'C,_ .'fle::c c mc~arity a~ ~~~ f:aer ~!_3 a:- d::Jlla.:..~ Yc.1U1f,_ i.J
I 43 8e.:oteG to f:..rcarm:: and E;m!l\u~.~tion di:""l<:.y al'id 3c1<:..3; or a
44 loLlO ..':::'.3 6: aT. . .3":'_c '.:~..=:.:;:-e::. =ilca_~.::; a:nj al'l'.1f.un: t:o:-, .3a:~3 b 5
45 ~ccti.019 e:- 3ube&_-I- 0: 5 :a~cr.:.:: :Jtore, ouch ac .:.nartinq aaoc.3 .::.r.::
. 46 h.::rd~.{a..... _ .3-:..::;.rc..s , ':he::e U,_ 3E;~eG c.:-C2J. ""votcd te .' ar,a
_lr::J.:-Y.'J.3
I 47 6.l'L..L..i tisrl ic coo ::Jq~':'::;-C ::cc::. 61: ;F.orc.
I
-- ;... Z/5'u_-
2 Gun shop. A oun shop is a business of any size occupied bY.
3 a firearms dealer where for;:), "Sc::.:-icd cf ffi81:"C. than J z::eR::::ccut: .'C
d .,,6F.":hG durinE! a cal::n,.d3r rea::-: eal a ma'iority of the cross floor.
5 area is devoted to display and sales of firearms. ;:,na/er
6 ammunition. or both;~~~ (b) 1200 s uare eet or more 0 loor
7 area are devoted tOd'lsPlayand sales .Of firearms. ana/ar
8 ammuni.tion , or both; ~i:p~<1.ea<1!€ill9.:!!'"'E.:y"m:;.;$1't:h"~5a~%g.$~!i~~~l}[1f~rr.q1'll
9 E:e:s:l'e~'a-~-"-g'" "f=a~.:t:lr~-=':t'na .1'..,Cs....ESin'13. ft-"lG~Cf":b""'-' .
i~ 11~~ilJ1lf~I1I)i!!ltj:rKJt~rl~.~~!~~~~Fi,
i~::~'~~iv';r(;;::=:~~~;!~~~~~f;~'~n;n;Usirre'ss-TS"aerive'a from the I
14 . / ()
15 ~ Section 3 .
16
17 That section 60.614 of the Saint Paul Legislative Code is
18 hereby amended to read as follows:
]9 I
20 sec. 60.6~4. principal Uses permitted subject to special
21 conditions.
22
23 The following additional uses shall be permitted subject to II
24 the conditions hereinafter imposed for each use and subject to
25 the standards specified for all special condition uses as set
26 forth in section 64.300(d). All principal uses permitted subject II
27 to special conditions shall be reviewed and approved by the
28 planning commission.
29
30 (l) All uses as permitted and as regulated in the B-3 II
31 Business District under principal Uses permitted
32 subject to special conditions.
~~ (2) Airports. . I
35
36 (3) Outdoor (drive-in) theaters subject to the following
37 conditions; I
38
39 a. The proposed internal design shall receive
40 approval from the city engineer as to the adequacy II
41 of drainage, lighting and other technical aspects.
42
43 b. Outdoor theaters shall abut directly upon a major
44 thoroughfare, with their points of ingress and II
45 egress available only from said major
46 thoroughfare.
47
48 c. For vehicles waiting or standing to enter the II
49 facility, there shall be provided for off-street
50 waiting space for no less than fifty (50)
51 automobiles. I
52
53 d. The area shall be laid out so as to prevent the
~~ movie screer; from being viewed from residential .
)) areas Or adJacent maj or thoroughfares.
56
57 (4) All commercial and public radio and television
58 transmitting antennas, and public utility microwave andll
2 ..
II
v~, ....... ..1....-'_'-' ..l.'U....,...;- '-'~,..:....,.....,. -''-"v-,.......... V" 1'-'''- . --_ ___ ---_ ::>/:,
I ] cellular telephone antennas subJect to the fvllowlng
2 condit:ions:
3
4 a<; The antennas, transmitting towers or array of
I. 5 towers shall be located on a continuous parcel
6 having a diroension equal to the height of the
7 antenna, transmitting tower or array of towers
I 8 measured between the base of the antenna or-tower
9 located nearest a property line and said property
10 line, unless a qualified structural engineer shall
11 specify in writing that the collapse of any
I 12 antenna or tower will occur within a lesser
13 distance under all foreseeable circumstances.
14
I J5 b. The proposed installation shall meet all
16 requirements as outlined under section 62.108,
J7 site plan review_
18
I 19 (5) Commercia 1, private and public satellite dish
20 transroitting or receiving antennas in excess of three
. 21 (3) meters in diameter I subject to the following
I 22 conditions:
23
24 a. Satellite dish antennas shall be located on zoning
2S lots of sufficient size to assure that an
I 26 obstruction-free transmit-receive window or
27 windows can be maintained within the limits of the
28 property ownership.
29
. 30 b. Except where the antenna is screened by a
31 structure exceeding the antenna height, landscape
32 bUffering and screening shall be roaintained on all
.e 33 sides of the satellite dish antenna in a manner in
34 which growth of the landscape elements will not
35 interfere with the transmit-receive window.
36
I 37 c. The proposed installation shall meet all
38 requirements as outlined under section 62.108,
39 site plan review.
I 40
41 ( 6) p . reformatories and other correctional
..rlsons,
42 institutions which are not community residential
43 facilities.
I 44
45 (7 ) Race tracks.
46
. 47 (8 ) Railroad yards, shops or similar facilities.
48
49 ( 9) Heliports and helistops, public and private, located at
50 an airport, SUbject to the following conditions:
I 51
52 a. The heliport and helistop shall be located at
53 least one thousand (1,000) radial feet from any
54 residentially used or zoned property, measured in
I 55 a straight line from the closest point of the
56 takeoff and landing area to the property line of
57 the closest residentially used or zoned property.
. 58
.- 3
I
4/5 I
I
1 b. The applicant shall perform a noise analysis to~ I
2 determine whether upon establishment of the.
3 heliport or helistop the Noise Pollution Control
4 Rules, Chapter 7010, of the Minnesota Pollution
5 Control Agency, would imm~diately be violated. If I
6 the analysis shows that the rules would be
7 violated, the applicant shall take measures to
8 prevent the potential violation before the -
9 heliport or helistop is established. I
10
11 c. The heliport or helistop shall be constructed,
12 operated and maintained in accordance with the I
13 rules and regulations of the Federal Aviation
14 Administration (FAA) and State of Minnesota.
15 Documentation that the FAA and state have approved
1Ii the heliport or helistop shall be included with I
17 the ~l?Phcation.
18
19 d. A site plan of the proposed facility and an area I
20 map showing the distance between the proposed
21 take-off and landing area and the nearest
22 residential property shall be provided to the
23 commission. I
24
25 (10) Overnight shelters as permitted and regulated in the B-
26 5 Central Business-Service District. 4It
27 Municipal and commercial yard waste sites for storage, I
28 (11)
29 transfer or composting of yard waste, subject to the
30 following conditions: I
31
~7 Only yard waste and no other types of solid waste
J_ a.
33 shall be accepted; I
34
35 b. The municipal or commercial yard waste site shall
36 be located no closer than three hundred (300) feet
37 from any residentially used or zoned property as I
38 measured from the edge of the nearest compost pile
39 to the nearest residentially used or zoned
40 property;
41 I
42 c. The municipal or commercial yard waste site shall
43 be enclosed by fencing or shall limit vehicular or
44 p~destrian access through the USe of berms, trees I
45 or other means. The site may have greenhouses for
46 composting yard waste;
47
48 d. The height of the compost pile shall be limited to I
49 no higher than fifteen (15) feet above grade; and
50
51 e. The municipal or commercial yard waste site shall I
52 be maintained cleanly including immediate removal
53 of waste materials deposited on or near the site
54 which cannot be composted. ...
55 I
56 (12) Gun ShOlOS. and shootind oalleries subiect to the
57 followino conditions:
58 I
4
--. - - ~ --~-' ..<..J- ~-...J - . .-- ---. . -- - --- S/5'
I 1 or shootlnq qallery
. , ~ The qun shop is located ?t
2 least one thousand 11.000) radial feet from anY
3 residentially zoned oroperty and from any
I. 4 I'protected use.'1 defined as: A qroup day care
5 center which has a business siqn indicatinq this
6 use; a house of worship; a public library; a
7 school Ipublic . parochial or private element.arv
I 8 iunior hiqh or hiqh school) ; a pUblic reqional
9 park or oarkwavr pUblic park, public recreation
10 center or public soecialized recreation faci1itv
I 11 as identified in the parks and recreation element
12 of the Saint Paul Comprehensive Plan. The
13 distance shall be measured in a straioht line from
I 14 the closest ooint of the prooerty line of the
15 buildinq in which the oun shoo is located to the
16 closest point of the property line of the
17 protected use;
I 18
19 12.:.. The oun ShOD or shootinq qallerv meets the
20 reouil:'ed firearms dealers security standal:'ds as
21 mandated by Minnesota Statutes, Section 624.716l.
I 22
23 i12l Accessory buildings, structures and usesl as
24 defined in section 60.20l.
I 25
26 Section 4
27
28 That this ordinance shall take effect and be in force thirty
I 29 days from and after its passage. approval and publication.
I-
I ~Illll~~
I APR - 11995
I Yeas Navs r .A.bsent I Re~e5ted by Department or:
Gr~mm v-
I Guer~n ---- , II
I ttarris v- I
. re~ard' ~ I
er.z:m2n
'1'hune
.olaK.ev By'
I , .j
Ad.op~ed Form APprJ1:: by City Attorn~y
By' . ,/~{k;(J
I Adopt;ion
./' -1 ~ 1/1-- ! I
3y' :! .,
App~Q~ed/by Mayof for Submission to
I Approved by Hayor, Council,
V I
. By: By,
I Q ~\"",,,,,-,j )l~_ \'\""." - '- '-, Q J,1,...._ c ,_~~"-.r_
\-\ ....--
TOTAL P. 06
I