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SR-11-C (18) CA RLK:SSS.i Counell ~eet 3-25-80 Santa MtlPicat Californla , I <!.. ZPC-ot:J5 MAR 2 5 1980 STAFF R::CPORT TO: ~ayor and Clty COUDCll FROM: Clty Attorney and City Staff SUBJECT: ~oratorlum on Adult Entertalnment Uses INTRODUCTIO~ ThlS transmlts lnformatloD about the prollferatlon of "adult entertainment establlshments" partlcularly massage parlors, wlthln the Clty, and recommends that the COUDCll dlrect the Clty Attorney to prepare an urgency ordlnance delarlng a moratorlum on these establlshments pendlng actlon on an adult use zoning ordlnance, WhlCh wlll be presented to the Plannlng Commlsslon lh Aprll. The Clty Counell dlrected the Clty Attorney to prepare such a zonlng ordlnance In June, 1979; It has not prevlously consldered an urgency ~oratorluro. BACKGROUND The Chlef of Pollce has advlsed the Clty Staff that there are now flfteen llcensed massage parlors lD the Clty and two more massage parlors WhlCh have recently been approved by the Pollee Department. There are four massage parlors In the downtown area; two on Wllshire Blvd.; two on Santa Monlca Blvd.; flve on P1CO Blvd.; one on ~ontana Ave.; and one on MalD Street. Since the flrst of the year, we are averagLng one massage parlor appllcatlon per month, and one masseuse or masseur llcense per day. Investigatlon by the Pollee Department has revealed that of the present flfteen licensed massage parlors In the Clty, II c: -1- MAR 2 5 19aO e e only two are conducting therapeutlc massage.* The others are conductlng prostltutlon and other commerclal sexual actlvlty. ThlS lS lndlcated by arrests and pollce lnCl- dent reports. A recent Court decision that massage parlors are consldered a prlvate place lf the cubicle used 1S not open for publlC Vlew has hampered enforcement of the "lewd act" provision of the Penal code. Section 6120 of the Munlclpal Code permlts the revocatlon of a pollee permlt If an immoral act has been conducted In connec- tlon wlth a massage parlor or masseuse license. ThlS process, which lnvolves an admlnlstratlve hearlng before the Llcense Revlew Board, 1S cumbersome. The enforeement of our ordlnance settlng llcenslng requlrements for ~assage parlors has been prelimlnarlly en]olned by the Superior Court~ we are experlenclng a heavy lnflux of massage parlors and masseuse permlts in the Clty. There have been two formal cltizens eomplalnts and several lnformal complaints regardlng massage parlor operations. Many of these complalnts stem from publlClty concernlng a shootlng lnvo1vlng a pollce offlcer durlng an attempted armed robbery at a parlor at 2512 Wllshlre. In 1978 there were approxlmately 135 l1censed masseuses ln Santa ~onlea. At the present rate, the pollce department enV1Slons nlnety more masseuse and masseur llcenses and three more massage parlors, for a total of about 20 massage parlors, and nearly 400 masseuse and masseur 11censes before thlS summer. *These two are located on r10ntana Ave. and Main Street. -2- e e A survey of other cltles and ]urlsdlctlons of comparable size, reveals the followlng: CITY NO. OF PARLORS Burbank Glendale Inglewood LAPD Hollywood LASO- West Hollywood Long Beach Redondo Beach Whlttler one none none ten elght nlneteen one two Santa Monlca flfteen (two pendlng) Burbank, Glendale, and Redondo Beach have passed zonlnq ordlnances Slffillar to the one that wlll be presented to the Plannlng Commlsslon. Whlttler has reduced ltS massage parlors from thlrteen to two wlthln two years through a process of eminent domaln, a new zonlng ordlnance, and vlgorous red llght abatement. Because of a recent Court of Appeals decislon upholding the rlghts of Cltles to llcense massage parlors by procedures slmilar to our eXlstlng ordlnance, we belleve that the current In]Unctlon wlll be Ilftedl and antlClpate flllng appropr~ate papers In Court by Aprll 1. A decls10n would be antlcipated within a month. A favorable declslon wlll enable the Clty to have more power to regulate the parlors; the pollce department belleves that wlth strlct enforcement of the llcenslng ordinance, many parlors would close and seek other locatlons. -3- e e The adult entertalnment zoning ordlnance wh~ch will be presented to the Planning CommlSSlon 1S prlmarlly based on the ordlnance In effect In Redondo Beach, and was drafted by Charles J. Post, the drafter of the Redondo Beach ordlnance. The model for thlS ordlnance lS the Detrolt Law that was upheld by the Unlted States Supreme Court In the case of Amerlcan Mlnl-Theaters v. Young. The ordlnance wlll prohlblt the establish- men t of " adult entertalnment" bUSlnesses \..,1 thln 1,000 feet of another such buslness or wlthln 500 feet of any church, school, par~s, playground, or area zoned for resldentlal use. The adult entertalnment buslnesses are: adult bookstores, adult mlnl-motlon pleture theaters, adult motels, adult motlon plcture arcades, cabarets, wassage parlors, model StUdlOS, and sexual encounter centers. Eaeh of these uses lS deflned as havlng an emphasls on "speclfled sexual conduct" or "speclfled anatOffilcal areas". These terms are descrlbed In detall, as requlred by the Supreme Court. ALTERNATIVES The COUDCll may dlrect the Clty Attorney to prepare a moratorlum on the establlshI11ent of "adult entertalnment" uses within the Clty, to be effeetlve until flnal resolutlon of the ordlnance to be submltted to the Plannlng Commlsslon, or May awalt the presentatlon of such ordlnance wlthout lmposing a moratorlum In the lnterlm. RECOm-1ENDATION It lS respectfully recommended that the Clty Counell -4- -......- - e dlrect the Clty Attorney to prepare an emergency morator~um on adult entertainment uses at the next City Counell meetlng, to be effectlve untll the resolut1on by the Councll of the adult entertalnment zon~ng ordinanee. Prepared by: Stephen S. Stark Charles J. Post John Jalili James Keane -5-