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- WARNING -. The following presentation contains explicit adult photos and language and is NOT suitable for minors. If you feel you may be offended by the content of this presentation, I strongly suggest that you sit out for this portion of the class XXX Rating . Sex in the City.
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- WARNING - • The following presentation contains explicit adult photos and language and is NOT suitable for minors. • If you feel you may be offended by the content of this presentation, I strongly suggest that you sit out for this portion of the class • XXX Rating Sex in the City
Sex in the City John W. Keller, AICP James Segedy, AICP Handout Note: The above noted individual is a presenter NOT a performer in “Sex in the City.” Sex in the City
Introduction • Sex business is many businesses • Retail stores • Media • Novelties • Lingerie Sex in the City
Intro - 2 • Many Businesses • Video Arcades • Movie Theaters • Adult Cabarets Sex in the City
INCLUDES Lawful sex businesses Book and video sales and rental Magazines and newspapers Sex toys Lingerie Movies Live ARTISTIC performances Does NOT Include Unlawful businesses Prostitution Scope of Discussion Sex in the City
Scope of Discussion (2) • INCLUDES • In-between businesses • “Dancers in box” • “Body rub” parlors • “Lap dancing” Sex in the City
Terms • Pornography • Generic term, accepted by academics and industry • Refers to material that is lawful but may be offensive to some • Term often used to apply to unpopular political works • Obscenity • Unlawful material Sex in the City
Terms (2) • Soft-core • Full nudity • Simulated sex or sex with genitals not visible • Hard-core • Sex acts with penetration • Erect male member or nipples • “The money shot” Sex in the City
Sex Business • …is big business • Probably at least 15 percent of all video rentals Sex in the City
Sex Business • Has LEAD technological revolution • VCRs • Including ultimate victory by VHS format • Movement of graphics on Internet Sex in the City
Sex Business • Spread of hard-core • Check your hotel room movies • Look for HIGH SOCIETY in airport newsstands • Easily available on Internet Sex in the City
The Kansas City Adult Use Study • aka “The Sex Study” • aka SOB Study • aka “You’re doing what” study Sex in the City
The Kansas Adult Use Study • Study Focus: • Business with “less than significant” stock in trade in adult materials • Video viewing booths • Adult theaters Sex in the City
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 Sex in the City
Survey of Other Jurisdictions’ Ordinances • 20 local jurisdictions surveyed • Atlanta, Austin, Charlotte, Cincinnati, Cleveland, Denver, Fort Worth, Indianapolis, Louisville, Manatee County, Minneapolis, Newport News, Oklahoma City, Phoenix,Portland, San Diego, Seattle, St. Paul, Newport News, Whittier (CA) • Adult Use Study and Adult Use Manual (Mass. APA Chapter & City Solicitors/Town Counsel Assn.) Sex in the City
Survey of Other Jurisdictions …(2) • No differentiation by use … “one-size-fits-all” • Allowed adult uses by right in commercial and industrial zones • MN…only in CBD • Distance … most used straight line Sex in the City
Site Visits … Knowing the Subject • Understanding the operations • Meeting the owners/managers • 4 separate site visits of each business • Weekdays and weekends … Lunch hours • Weekday & weekends … AFTER 8 pm Sex in the City
Businesses with less than … • Local Video Stores …backroom operations Sex in the City
Business with less than … (2) • Lingerie shops … Victoria Secret never thought about some of this lingerie! Sex in the City
Business with less than … (3) • Novelties … ”marital aides” Sex in the City
Business with less than … (4) • Sex devices … contended “not obscene if of medical or social redeeming value” Sex in the City
Video Viewing Booths … • Visiting the booths Sex in the City
Visiting the Video Booths …(2) Sex in the City
Visiting Video Booths … (3) Sex in the City
Video Booths vs. “Media Rooms” • Seats for 11 or more Sex in the City
Adult Theaters • Ps….actually planning seminar Sex in the City
Adult Theaters (2) • Structure is the “medium” Sex in the City
Kansas City’s Only CX Zone • KC paid relocation costs … Sex in the City
Live Entertainment • Not fully surveyed but made recommendations Sex in the City
Public opinion … Sex in the City
Neighborhood Survey • More than a 1000 contacts • 360 completed surveys • At least 20 in each “impact” area • NO leading questions Sex in the City
Responses to the survey • Key question: Is there a business operating in your neighborhood that should not be there?” • NO … 63% • Yes … 28% • ?? … 9% Sex in the City
Responses to Survey (2) • Businesses identified • 96% were SOBs • Others included • Liquor stores • Bars • Check-cashing • Pawn shops Sex in the City
Kelly/Cooper Recommendations • Two Parts • Zoning for USE TYPE and LOCATION • Licensing for OPERATIONS Sex in the City
Zoning Recommendations • Land-use classifications • Book/video/newsstore Sex in the City
Land Use Classifications Conditional Book/Video/News Rules 10—50% sexually oriented content Must be physically separated by opaque wall Must have management-controlled access to sex materials Zoning Sex in the City
Zoning • Land-use classifications • Sexually oriented book/video/news Sex in the City
Zoning • Land-use Classifications • Sex shop • Over 5% sex toys • Mix of toys, lingerie, media • “Self-designated” • Ads • Signs • Directories Sex in the City
Zoning • Land-use classifications • Sexually oriented movie theater Sex in the City
Zoning • Land-use classifications • Sexually-oriented live entertainment Sex in the City
Measurement PEDESTRIAN routes Follow “property lines along public r-o-w” Other Rule Not on same block as incompatible uses Apply to Separation between SOBs Separation from Zoned residences Religious institutions K-12 schools Parks Separation Requirements Sex in the City
Shorter Retail Outlets Longer On-premises entertainment Separation Requirements Sex in the City
Zone BY DISTRICT 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 Live entertainment Major , auto-oriented commercial corridors Downtowns in convention cities Industrial/airport areas Other Zoning Sex in the City
Problematic Uses • Nude dancing • Supreme Court now says clearly that generally applicable anti-nudity ordinances OK Sex in the City
Problematic Uses • Nude “dancing” in a booth (box) • Clearly not protected • Typically demonstrations of how to use sex toys • Ban it or let it go—but know what it is • Ban by setting minimum floor area for live performances Sex in the City
Problematic Uses • Video viewing booths • Solid booths are “masturbation booths” • Two-person booths or ones with glory holes facilitate anonymous or pick-up sex • Do you want them? Sex in the City
Video viewing booths Technology dates from 1970-71 Probably protected by 1st Amendment then Now MANY other times/places/manners for viewing same material Typical approaches 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 Sex in the City
Problematic Uses • The touching businesses • “Body rub” • “Massage” not under medical or licensed supervision • “Body painting” • “Bath houses” Sex in the City
The touching businesses NO First Amendment protection Do you WANT these activities?? Often a fine-line separating from prostitution Problematic…. Sex in the City
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