Sexincity 2
Sexincity 2
Sexincity 2
The following presentation contains explicit adult photos and language and is NOT suitable for minors. If you feel you may be offended by the content of this presentation, I strongly suggest that you sit out for this portion of the class XXX Rating
Sex in the City
Introduction
Retail stores
Intro - 2
Many Businesses
Scope of Discussion
INCLUDES
Unlawful businesses
Book and video sales and rental Magazines and newspapers Sex toys Lingerie Movies Live ARTISTIC performances
Prostitution
INCLUDES
In-between businesses
Terms
Pornography
Generic term, accepted by academics and industry Refers to material that is lawful but may be offensive to some
Obscenity
Unlawful material
Sex in the City
Terms (2)
Soft-core
Full nudity Simulated sex or sex with genitals not visible Sex acts with penetration Erect male member or nipples The money shot
Hard-core
Sex Business
is big business
Sex Business
VCRs
Sex Business
Spread of hard-core
Check your hotel room movies Look for HIGH SOCIETY in airport newsstands Easily available on Internet
aka The Sex Study aka SOB Study aka Youre doing what study
Study Focus:
Business with less than significant stock in trade in adult materials Video viewing booths Adult theaters
The Tasks
Review ordinances in other jurisdictions Conduct site visits Conduct interviews with residents and businesses (professional research co.) Draft revisions to the zoning and licensing codes
Atlanta, Austin, Charlotte, Cincinnati, Cleveland, Denver, Fort Worth, Indianapolis, Louisville, Manatee County, Minneapolis, Newport News, Oklahoma City, Phoenix,Portland, San Diego, Seattle, St. Paul, Newport News, Whittier (CA) Adult Use Study and Adult Use Manual (Mass. APA Chapter & City Solicitors/Town Counsel Assn.)
No differentiation by use one-size-fitsall Allowed adult uses by right in commercial and industrial zones MNonly in CBD Distance most used straight line
Understanding the operations Meeting the owners/managers 4 separate site visits of each business
Lingerie shops Victoria Secret never thought about some of this lingerie!
Adult Theaters
Live Entertainment
Public opinion
Neighborhood Survey
More than a 1000 contacts 360 completed surveys At least 20 in each impact area NO leading questions
Key question: Is there a business operating in your neighborhood that should not be there?
Businesses identified
Kelly/Cooper Recommendations
Two Parts
Zoning Recommendations
Land-use classifications
Book/video/newsstore
Zoning
Rules
Conditional Book/Video/News
1050% sexually oriented content Must be physically separated by opaque wall Must have managementcontrolled access to sex materials
Sex in the City
Zoning
Land-use classifications
Zoning
Land-use Classifications
Sex shop
Zoning
Land-use classifications
Zoning
Land-use classifications
Separation Requirements
Measurement
Apply to
PEDESTRIAN routes
Other Rule
Separation Requirements
Shorter
Longer
Retail Outlets
On-premises entertainment
Other Zoning
Zone BY DISTRICT
Live entertainment
Book store is a book store SO book store same as other book stores, subject to separation SO theaters same as other theaters, subject to separation
Problematic Uses
Nude dancing
Supreme Court now says clearly that generally applicable anti-nudity ordinances OK
Problematic Uses
Clearly not protected Typically demonstrations of how to use sex toys Ban it or let it gobut know what it is Ban by setting minimum floor area for live performances
Sex in the City
Problematic Uses
Solid booths are masturbation booths Two-person booths or ones with glory holes facilitate anonymous or pick-up sex Do you want them?
Problematic
Typical approaches
Technology dates from 1970-71 Probably protected by 1st Amendment then Now MANY other times/places/manners for viewing same material
Conservative is open booth ordinance Aggressive is to allow showing of videos only in 150+ square feet Try NOT to allow as accessory use to retail outlets
Problematic Uses
Body rub Massage not under medical or licensed supervision Body painting Bath houses
Problematic.
NO First Amendment protection Do you WANT these activities?? Often a fine-line separating from prostitution
Problematic Uses
Lap-dancing
Full friction dancing May involve full frontal bodily contact NO cases giving First Amendment protection Can effectively ban by requiring vertical/horizontal separation of dancers from audience
Sex in the City
Problematic Uses
In-between uses
Licensing
Licensing
Puts DUTY on licensee to monitor premises and PREVENT specific activities No CRIMINAL penalties without knowledge, but can get points against license when prohibited activities occur
Licensing
Licensing
Require license of manager-on-duty to be posted (or have point penalty) Do NOT post entertainers licenses
Licensing
Benefits
Cleans up operations Creates much more effective enforcement tool Dramatically increases attention of industry to key operational issues
But if youve seen one sex business you have NOT seen them all.and should not regulate them as though you have
Fully informs public officials of what nature of local businesses and secondary effects Increases public confidence regulation of SOBs Creates opportunities to negotiate with SOB business operators
Moral Judgment
Regulation of SOBs is value-laden YOUR regulations should be based on YOUR communitys values, not on another communitys ordinance
Final Decision
Inside in Boston
And Outside
SOBs in Dallas
So Much Opportunity