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HomeMy WebLinkAboutO-08618ORDINANCE ROI:8618 AM ORDINANCE AME ib1NG 'ORDINANCE NO. 6137i, THE COMPRN- HENSIVE 26N NO ORDINANCE FOP THE CITY OF MIAMt, IW AMEND.. tNG ARTICLE It, DEFINITIONS, BY DELETING FISTING Mt. SECTION t i-A) ADULT BOOR STORE FROM SECTION 2 THEREOF, AND BY ADDING Bt R..SECTIONS t1.4) THROUGH ( ..E) TO SEC- TION 2, TO DEFINE ADULT, ADULT BOOB STORE, ADULT MASSAGE PARLOR, ADULT MOTION PICTURE THEATER AND ADULT PRIVATE DANCING; BY ADDING NEW SUB -SECTIONS (Sh-A) AND (84"T) TO SECTION 2 TO DEFINE SPECIFIED ANATOMICAL AREAS AND SPECI- rim SEXUAL ACTIVITIES.; BY AMENDING ARTICLE IV, GENERAL PROVISIONS, BY ADDING :A NEW SECTION 44, REGULATED USES, TO INCLUDE THE USES REPINED ABOVE AND FURTHER PROVIDING DISTANCE REQUIREMENTS FOR THE LOCATION OF SAID REGULATED USES; BY AMENDING At2TICLt XIV, COMMUNITY COMMERCIAL - C-2 DISTRICT, BY DELETING THE EXISTING`TEND "MASSAGE PARLOR" FROM SUB -SECTION (6) SECTION 1 AND BY AMENDING ARTICLE XVI, GENERAL COMMERCIAL - C-4 DISTRICT, BY ADDING A NEW SUB -SECTION (35-A) TO SECTION 1, TO ALLOW REGULATED USES, AS DEFINED, AS PERMITTED USES) REPEALING ALL MI.. CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 1, 1976, Item No. 4, following an advertised hearing adopted Resolution No. PAD 36-76 by a 5 to 2 vote, recommending amending ordinance No. 6871, as hereinafter set forth; and WHEREAS, the Commission finds that there has been a prolif- eration of adult entertainment use in certain areas of the City of Miami; and WHEREAS, the Commission finds that a proliferation of adult entertainment uses causes a deleterious effect on the surrounding business and residential areas; and WHEREAS, the Commission finds that even an individual adult entertainment use is detrimental to nearby residential neighborhoods; and WHEREAS, the Commission finds that the measures as set forth herein are necessary in order to insure against the development of a "Skid Row" area in the City of Miami.; and WHEREAS, the Commission finds that the measures as set forth herein are necessary to combat the proliferation of adult enter- tainment uses and the detrimental effect said uses have upon the surrounding business and residential neighborhoods; NOW, THEREFORE, BE IT ORDAINED BY THE COMMSSION OF THE CITY OF MIAMI, FLORIDA; tin 1 Crdinanoe of the City inanoe No. 6On, to ' ompreheneive tuning Miami be, d the same is hereby amended by amending ART#CtS t1, Definitions, Section 2, Terms Defined, by repealing Sub -section (1-A), Adult sock Stores, and by adding the following Sub-sectionst (i-A) Adult Any person 18 years t f age or older. (1-8) Adult gook_ $tore. An establishment having as a substantial or signifi- cant portion of its stock in trade,books, magazines, prints, photos, movies, models and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, exhibiting or re- lating to "Specifi d Anatomical Areas", or an estab- lishment with a secment or section devoted to the sale or display of such material. (1-C) Adult Massage , parlor. A buetness where portions of one person are treated or encountered by rubbing, stroking, kneading and/or tapping, by a second person, displaying "Specified Anatomical Areas," Por the purpose of this definition, a health studio shall be holuded herein where any portion of the floor space is used for the above stated purpose. (1-b) Adult Motion Picture Theater. An enclosed building used for presenting on a regular basis film material distinguished or characterized by emphasis on material depicting, describing or relating to "Specified Sexual Activities" or "Speci- fied Anatomical Areas" for observation by patrons therein. Any hotel or motel which advertises the presentation of matter described herein shall be in- cluded in this definition. (1-E) Adult Private Dancing. A business which features dancers displaying "Speci- fied Anatomical Areas" in private rooms for not more than three spectators. Section 2. Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami be, and the same is hereby amended by amending ARTICLE II, Definitions, Section 2, Terms Defined, by adding Sub -sections (84-A), Specified Anatomical Areas, and (84-8), Specified Sexual Activities, as follows; (84-A) Specified Anatomical Areas. 1. Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areolat and 2. Human mane genitals in a -discernibly turgid state, even if completei.y and opaquely covered. t 4-S) a cifia& sexual Activitia man gen to a n a state of aexua: stimulation or arouaa1 Acta of human masturbation, sexual inarcourea or sodomy, 3. Fondling or other erotic touching of human geni- tals, pubic region, buttock or female breast, Section 3. Ordinance No. 6871, the Comprehensive 'Zoning Ordinance of the City of Miami be, and the same is hereby amended by adding a new Section 44 to ARTICLE IV, General provisions, as followst Section 44. - Regulated Uses. The following uses shall be termed"Regulated Uses"! Adult took Store, Adult Motion picture Theater, Adult Private bancine and Adult Massage parlors.. }R�eguylyated Uses shall comply with the following pro isioiis: 1. No regulated use shall be established within a distance of 1000 feet from any other regulated use. This distance shall be measured from the front door of the proposed regulated use to the front door of the nearest existing regulated use along the route of ordinary pedestrian travel. 2. No regulated use shall be located within 500 feet of a residentially -zoned district. This distance shall be measured by the distance along the straight line drawn from the closest exterior door of the proposed regulated use to the closest portion of the residential- ly -zoned property. 3. For the purpose of this Section residentially - zoned districts shall be those designated in Article III, Section 1. Where property in the City of Miami borders upon property of another City or Dade County, the term "residentially -zoned districts" shall be those districts designated as residentially zoned by the terms of the Zoning Ordinance in the affected juris- diction. 4. No application for a Certificate of Use and Occu- pancy shall be accepted unless it is accompanied by a survey certified by a land surveyor registered in the State of Florida showing that it meets the requirements of paragraphs 1 and 2 of this Section. Section 4. Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami be, and the same is hereby amended by amending ARTICLE KIV, Community Commercial - C-2 District, Section 1(6) by removing the term "Massage Parlors". Section SI Ordinance No. S871, the Comprehensivontnq Ordinance of the City of Miami be, and the same is hereby amend d by amending ARTICLE XVI, General Commercial - Diatrict, Section 1, Use Regulations, by adding a new paragraph (35-A), as followat (35-A) Adult book atores, adult motion picture theaters, adult private dancing and adult massacre parlors. Section G. All ordinances, code sections, or parts thereof in conflict herewith, insofar as they are in conflict, are here- by repealed. Section 7. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 26th day January, 1977. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23 day of FEBRUARY Attests PREPARED AND APPROVED BY: Michel E. Anderson Assistant City Attorney AP? 1977. MAURICE A. OFERRRE M.A D AS TO FORM AND C RRECTNESS: George F. City Atto ox, Jr, -4- fAlAtirt INV-1W ANIII MIL,* Prettiti, Pubtithed 1)101 IP,Vt Xiitttroky. .trind4) ontl 1.1.grei tirdittars t:deltiti • florid° StAft ot• PletIMIA tOtINti, OP' OAK: rlatdie ttildeteldta defthfatty detabilitty flA Epti:ert61111171416:114P tidal:411LO+% ' Me, weal whine 11 aun et $ne Otttij ._oltddee) .plespipet, publistest in Midriff fit wm want, Fititradi Mit tall fittabled ebSte_dt @Ova?. Wffighopt?1 tern Advertiterntill et Notice M Ci ty of rior Ida . OPMIANCr 861A1 XXX 111 the Court, sees published rn bald neawdaber In the limes bl !'arch 2, 1977 Artiant further Say; that the teid Miami Reviser and Deity Retold IS a newspaper published it In Mild Wide County, #letitte, and that the Said news babe? hat Jletetotete been continuously published In bald Dade County, Melee, day (except Settilday, Sunday end Legal thilideyt) and tisk bilth entered lit tedefle elite Mall Mattel at the host office in Miami. 111 said Dade °Witty, Plbfida, fbt a pelted 01 one yeet hest precedes' the Mid asibileatiOn tit the attathed etitiy of edifeiliSellieht: and liffiallt further lays that the Mee neither field het premised any pettoil. fitnt OP tittatitiltItift any diem:tont, rebate, totheileeloh et efund for the Ouniefie 01 securing this advertisement lorilublitethSh In the said newspaper, '.4" -f. • Sworn to and substribed before hie this 2nd day A.D. to 77 ot ,44V ' ' • • i • NI e i/NOtitYvisUbli:11114 3Ittitldi at Large. (SEAL) My Commission expiresJune 1, 1974., tilttot. MAO, toil* Iftt-Ntt, ittillt A 1.t3tAt. r1110,1,. , Alt Ihirtrvilrr1 *ill Inkt, ivtfler. flint 'rtri theIF3t-rt elnV tolititoti% pylitfl.c,,.rmo,i,nrir Iht' rily of 11114146 arl.foled nft rir- AMPINIINCI gAN ()titral(.1 tut.: cl)mrnmtirssivp torttml (111-4NANct rtItt TIIP: rrry or Sil:1Mt ttsi. tt. nV i)v.i.v,Totr; E.ittg.11.,trt gt:rotiVrto:it 11-Al Atn't:r ttooK 1flRF. rtom tilittifrtt3N 2 IlittiltOr. AND lt.V RI11-..ECTIrtMS II -A) titItA1141ii fiEt-rtoN 2. TO ttEritit; tutu flC stint f:, A DV I .1' %1.‘ttFIA(11.: rA itt,Ott A blItif M6TroN 141-1t.ter, THP:ATP:O AN!) ADit.1 tintvATE DANCINtit AIltiiNct N1341 81.41-gtellosti 184-At 184-1t1 Ttl si-XlION 2 TO trISTTO SPISCIS-Ith ANA troAt; A'Sql • tr't P.b loittittiAt,' A . * ;11V ANIENO1STI A111:Iti.V. IV t5:NtitAt f'tAWrntrN..fitY AtttliNtt A NS: St TIPCUtt rit tNti.t•t)tr. 'Hitt ttitt t)ttt INtetl; AnoVfLAStb ilitnVit)M; tAATAxem ittteitttg7itPINTO PI.)fl tun 1,()(. %tins oP5IAIP Rtrit!t.Attiti 041.141 IlYASItN131S;11 \l'Illyt.r XIV. crIVIMUNitt rtvt1Mtl!rtAl. — ttY'- -Nt SA( rAtti,r1tt•• PROM St113-SNC1kill tei AM; AterICI.V. SCVt. rtr.SzentAt.. cOlt- N1 Enrl ‘I. t'4 1)t.qTFite1s. Al./1)tNr; A NF:%1,4 81111- pi.1110:4 0EvT11)N 1, ALLDW ttEutt- LAI"Pt) 1)PIPINFti. AS 1,P1INItTTIth ttstA: ttKi41,k1.1N(., Alt. ()1111ISIASICS1S. 1.11111:. st:cir1)S-13 cot P.nrS T t rot' INSOFAR AS 'VIES Alit.: onNFIACT: AND C1)NTAINS A SEVP.ItAttILITY hiril rltltriviterl Ofillitlimre N9 salt. nAt.rtt r. nStdItt, Clint cLinitt riTY ()F ttritttbA Publir-sitiort r iltIrg tintlet, 09 the 2n4I 11 ir Starch. 1971. 3/2 M31)121. 4M mm APPLICANT REQUEST EXPLANATION BACKGROUND RECOMMENDATION PLANNING"DEPT, PLANNING FACT SHEET City of Miami 1lahnirig Department November 4, 1976 Consideration of atriehding the Corhprehehsive Zoftirig Ordit attce ##6871 ARTICLE II DErINITIONS by adding sub=sections (1-A) through (1.E) to SeCtioh 2 to define adult, adult book store, adult massage parlor, adult motion picture theater attd adult private dancing; by deleting existing sub.section (1 .A) adult book store from Section 2; by adding hew sub=sections (84=A) and (84-8) to Section 2, to define specified anatomical areas and specified sexual activities; by amending ARTICLE IV GENERAL PROVISIONS by adding a new Section 44 Regulated Uses to include the uses defined above and further providing distance restrictions on the location of these regulated uses; by atriending ARTICLE XIV COMMUNITY COMMERCIAL . C-2 DISTRICT by deleting the existing term "massage parlor" from sub -section (6) Section 1, and by amending ARTICLE XVI GENERAL COMMERCIAL C-4 DISTRICT by adding a new sub -section (35-A) to Section 1, to allow certain regu= lated uses, as defined, as permitted uses. To establish controls and regulations for adult entertainment activities which are presently unregulated and now permitted in many zoning districts where they are considered in- appropriate. Recently, national social trends toward a more open acceptance of adult entertainment activities have been accompanied by undesirable impacts on adjacent commercial and residential uses, principally caused by the clientele which these adult entertainment activities attract. Two approaches have been utilized nationally a) Boston - where a "combat zone" is established to specifically concentrate adult entertainment activities and b) Detroit - where these adult entertainment activities are dispersed. The Planning Department and Law Department recommend dispersing adult entertainment activities, by confining them to the General Commercial C-4 (and more liberal.) Districts and by establishing distance requirements for individual adult entertainment establishments within these districts. Page 1 of 2 Wax -PLANNING AfV I SbRY tOARb CITY COMMISSION PD 11/17/76 r 12/27/76 .Approval) bit PA11 16,76 by 5=2 vote at the X eeer fiber 1976, rtleetirtg. Passed WA 1st reatlirig, ia. uaiy 26, 1977, requesting reports oh ec ierienee of tostorl and retrofit, aria adtlit ort consitleratibh of the Language used in the diefiiiitibrrs, by a 4.1 vote. Page 2 of 2 ,ti ••• •r.}• t • t + ‘'e*, • .fir .- AAA J s e• . 4 ,rt ! •"t w.i9 General Areas Permitting Adult Entertainment c t of miami planning department february1977 City oP 0:41ARi1. ELOF31oA ihltERifiFFitt MEM RANbuM 1~s9c Joseph h. Grabsie City Manager now Richard t.`oemoen, birecto Planning Department OAr►: January J i , 107/ flit. suJECt. ComnissiOh Request for Additional information Sh Adult tfltertainmant t rdinane ENCLOSURE6. Attached are several hews articles on the experience in other cities with attempts to control adult entertainment, The Com.. mission also asked that we contact the City of Detroit to see what experience they have had. Oft January 2'th, we contacted Mr. John Cross of the City of Detroit's taw Department concerning the operation of their adult entertainment ordinance. Mr.Cross made the following comments. A. There has been no proliferation of adult entertainment uses outside of the three existing nodes. E. There has been a noticeable increase in such uses in adja- cent suburbs. C. The city is presently in court with an adult book store who expanded his business and is claiming prior use. D. Detroit is attempting to stop the showing of adult entertain- ment movies in motels and bars through obscenity in cabaret ordinances rather than zoning. E. It is the feeling of the press has been successful. The adult entertainment ordinance is scheduled for the Commission Zoning and Planning meeting of February 23rd for a second reading and from our contacts and the attached material it would appear that the Detroit ordinance and approach, which the City of Miami is proposing to use, has been successful and we would encourage the Commission to adopt the ordinance on its second reading. RLF:jd attachments and the city that the ordinance 1 tat Oebeph h, arabaia City Manager city of MIAMI. rLbR lok 1WtER,OP 'tcE: ME:MORANt5UM 01ea2 kiehard L. 'oamoen, fliredto Planning bepartment bAtt. blittAct. Ott-tfi@F.cf 6: January 31 1977 Commission Request for Additional information Oh Adult Entei tainment Ordinancee ENCLOSUMtt. Attached are several news articles on the experience ih other cities with attempts to control adult entertainment. The Com- mission also asked that we contact the City of Detroit to see what experience they have had. on January 27th. we contacted Mr. John Cross of the City of Detroit's Law Department concerning the operation of their adult entertainment ordinance. Mr.Cross made the following Comments. A4 There has been no proliferation of adult entertainment uses outside of the three existing nodes. There has been a noticeable increase in such uses in adja- cent suburbs. The city is presently in court with an adult book store who expanded his business and is claiming prior use. D. Detroit is attempting to stop the showing of adult entertain- ment movies in motels and bars through obscenity in cabaret ordinances rather than zoning. E. it is the feeling of the press and the city that the ordinance has been successful. The adult entertainment ordinance is scheduled for the Commission Zoning and Planning meeting of February 23rd for a second reading and from our, contacts and the attached material it would appear that the Detroit ordinance and approach, which the City of Miami is proposing to use, has been successful and we would encourage the Commission to adopt the ordinance on its second reading. RLF:jd attachments ' i yes Tar etofP'v a ra do n Boston Com ba tZone �ecc� -�� Adult Entertainment Area Center of Dispute After. Outbreak of Violence By 3OIDN HIFNER sped m the Wry Tort luso Dec, 3—An 'adult enter- tainment district" established by city officials here two yearscontroversy o sbe- come and the �j� off a sudden, swift po- lice crackdown. two sleazy The district, composed downtownblocks, was established to keep X-rated movies, strip tease bars and other pornographic establishments from spreading throughout the city. There 7Cas an attempt to call thedis- trict the "Liberty Tree Neighborhood," but it Ms become known � �astute' he nation es the "Combat Zone. The current -furor was caused by two • developments.of an Internal ppol�re�port d Lthe ". widespread "�mP ce Lionin the downtovm The that includes the Combat �• second was the stab in8. anw wear• Har- vard football players u sion to the area. r edw thetCom?o�c& Patrol u- rated with policemen. Force members stand outside the doors of the strip joints. Vicsquad detec- tives roam the streets. nornallY3he haunt of bands of women in platformshoesand short skirts, are empty. .:< The asYaAPrhliOrem -Two teams of polioemes- m la foreground, the sorer at rear—patroT It Stria In Bostonre "Combat Zone ppenact us Nalted t sL .BscttFey�sect� N wfteio;nspeo' earepde s ' commander. ' the Z no whom ached enticinglyBusiness was elledeedr ieittor costing f8 or lld. to be •'maid. abed directed • into tees sine. and pefruit *doe. It needs refilling -and provided a peace yBra(ag Wauet Stftst'ftf+s ant at the f in the n ter after rein f 4frabebt the te early days of the zone's kgiti- athd section of the mother of a reputed They mats there was •a deal of talk fdalla leader, Daman, Angiula police said, but one of the students about new lights aadmore tadtdui ex- The heat was no the police. who, noticed that his wallet was missing mid Lesions. Trees were planted in' small boon to put u ;a titan on the Combat they gave chase- Three men emoped Zane. But even as a near inteontal Braes- orC of the dsdnws end stabbed two But the Combat Zone and Park tigatk urct ennmmoed there were of the youtbs..One of the Retard ea:- Square a few blacks away also became more dew dents. _adr_w. Pncooclo, �as in snore end more notable for bands of The:emend .eotbell teem was her- a camas since, stabbedintheheset. - Ilan Ceded tMan Oa !loll.. �t1s.effebbe pa'stihhtes. Noy. to polka ay bod to kolate the sexual a fame. . track dexterity they could fondle a man -mat ind simnkae aoally;armee •>tis Indira and county a near markdown, using Bauer lore Now. -the pelke lay. thee ma alsoand the DidrIct s Major wick- a of female muggers wortdan the tots emit. set *lest opting to deal disMct. with racial elolmoe. _ ., : 'There is '.strong sense of "anything wd rate h pase .steno direct together Is rmhenhat different dour their law- aniotcvmemt efforts outside the zoning bring imposed it► New Toile - 'tbe tone. City, wbidt attempts to pie tetvi- But in surly -November: jest before h� _.MOW- 'leaving for a anew job in subtsbart ua ty .away . • hoods and spread It out • Maryland, then -Police Commissioner teasebats,� many t them, ao report of his SpecialdIn�igition Un� ` to their noon mmquees, "world fa- charging dud among other acts of "As- mara," X-rated movie hogaes, photo vibus gross incompetence" and w»r �8pnes in book stones With, various rupt .inattention" the_police in _the devices, including life-sized inflatable -downtown Dist f has ignored bleak activity in the Com 0ibe pomoe be to saturate the eater• . Mardian a lieesat paper. -fairwroteAnathe * rtspondedi with ss>sndi the ss Comberno sue. ;hge ¢« the •rocs -The Paw zepotted fffirinowected deent.")at --id* night As affEdUty Strategpooper„ Donald Gould... who had e .the evening Bs tie arem was itnn •doers"5ti7R fib 10 a sma. c8'ee a:op: Khe pollee tools hen to a ptrabg hospital, over hrsptatesa Bus S :_.e-- state parse ":ts n. the .fither,Of seven lamed the operat- isr. roam table... to give- his name and Man into the night,: where. bested of s heart attack. llfeanwbiie. reptesentstives union held a sows confer- ence to cambia that thetemate mud gees were roving tie laptimatok prosti- tutes a had fume" Debra the public relations agent for the Com- bat Zone. said dist some of the women l the bats, not much 4 after than 'int Zone. a coal orb .. a trippers eat she ca .. The report, which Mr. Wade de- ,n...�rMerr.to.crtRa pathcsCceethssl t ae"t06tomes to 'buy these Mara' aulbsd a. -a. msoa�nmt. --tool ., >anu�leastgtreeti .ansosconference stelae erg a Uas� - shorted that . theca was widerPresd jug :ts annmtT Pt �O,,na bait at' fe o! rhea the dithame . the theft �possiblifty or farther activity bookmaking tad that eubrda to were . the Amvard crab oa Nov_ After fault the t e were come mrataing is against fire bars withbuttons to Wag, didr ovate tam -ohm wort. peace axed the d peke the eti re are '`ihepores warthe ned of �• the efianc urea than !0w ehet: Bane_ >> that pnoetitueesf e men outside swith button are 7lhepo, tritareorelvec the report can- Runs Brent ie to the Cant driven loco tie aemby. flick the liglrta water be dO` ni tors came The favorite dnob. locally Tile diWiet comromdes. report severe[ acmes Blythe Combat Raw bat one i�otisa arc recent night hound tfie bora ceded with mes ha windbreaks, and Ewer cigarette smoke if the oohed dancers. I! rapid suoremkre ad women asked it they might shares dainb.._ inctuding o rath&saiddiedancedwithadtfoot: br+ c-rMorin"he "It dotage bother met*;the ! awed s_.drk oet.®reptilea all my fife" �rno Puzzle By JOIN VOA& . Maybe the avlt ie • eitiseit haft hoard abet it, but Melton Iltitoe's Combat Zone to allboit any city et r. hey and bell eve a knottIng noble: . , The Combat Zaio may be the clot. ' est thing to a 1glited smutWahop and, • attifojetnt district in Use Waif , It's just the appetite of Detroit's antl$porri concept, raeehtly sectioned. by the MS. Supreme Court, of !resist. to. a►ichi� �bttaint!essa how chateau 'Me two stiles use the ume toot, sorting ordinance, to make their plaits trot k. '', AoJ that has city attorneys, plane i•�r�s tn., elected offltiaUoi across Or country looking toward toning as tl.:. new hope for controlling the 14. riot► of adult book stones, peep shawl, XXX•rated movie theaters. tomtits bars and love wrestling" par- io: . L t moots, a�ll ,passed a version tit the Detroit p an. Baltimore is . tt inki$;g about adopting, the idea be- a;d Bostow't Combat Zone for its own 1 purposes. New York is In a quandary I over the same kind of problem in ' 'j i 04 Square. ' t.. ,pts to close bathhouses and mss► gage parlors have made headlines lot .1y, work is under way on an ordi- c;:.see based an Detroit's plan. 'file p;cposei ordinance is set for a .140 . Can Atlanta Make Use of Zoning oraiiiii4i • In .Its Bid to Control Adult Eni.rfainment' +: J. public bearing 21 at d who. note the tlty i Ming Review the Metal ambito at City NatL It Wady hill bolls, people riled, in= eluding habitCourt County Co Sol+ Gen. • Masan t+deAtditfe, .who thine ordMance would "Modder our efforts" to enforce the obscenity halt, . Although massage parlors and bath Moss are on tor* fiat of adult bulb tier lit the Atlanta priipeiiii bolt other cities don't intrude theta. "If they ate legitimate, they're hot conaldered 'adult entertalnnnent'' and we have no objection to bun," said a Detroit officiate late oast that are not legitimate are botuea at proetltutloo. Wa odlock those" ?to matter what plan they're es pousthg, officials stress they're not advoeattng the legalisation at set slop& lit fact, the folks In Boston get right touchy on this point They're tired, they say, of hearing that any. thing and everything ih lee as long as it is confined to the Combat gone. "It Isn't legalized," Dist. Atty. Gar.Gar- rett Byrne uld. "It they go beyond what is legal they will be arrested. And there are quite a few arrests as we g- o along. But people think we have legalised these tbtngs." • Rai h M molopublic information of cer or Authority (BRA explained the adult entertainmen c !ligation of the Combat bine likt► Chit "ft just Mai (the buitnesail there) are Ih compp• *ace want the Mill coda %it's ails" Adult ehtertelameeot robing does not, protect a book suite lit vlolalon of acuity lairs Of Ire than end atr1al coning protests a Melba plant that's tutnturning put Coattta heitr !abbey, be McAulUte dliagt0 . Ault li writ. des �A��ialoioperatiooa a ei tios of slant law, be said, and that is quite unlike industrial leniel# which of course does hot provide for matef` fetters to operate. "Since state law proscribes the dia. trtbutioe of obscene raater'lals and pocriography, there le nothing tha city can do to regulate thou boletuses' operation;' he said. Even It the VL Supreme Court has upheld the Detroit otdtaaate, he said, that does not wean the Atlanta or& nano* would not millet with Georgia law, "We approached adult entertain*, meat as a land -use problem. We didn't get into the morality of it," Memel* said. "But we do know this. That kind of (land) ma has the potential for spreading Into the neigbborboods." i, • Coedited tram Pete ti Some years Aga the gaJt, which is Sue .ton's pianist lout hid t ette burl, tubas oat the movai'wheo it cleared find toe .,he cttyl goverment maples. So it was 'clot stutling, Memolo UM, hilt in 1e7e 'BRA peke Mid barrier around the most ldentUe area that retrained, the Cambia i N .: 'l'he�lbtoek zone is right'dowrntawh, .not tar ' MM. RosWh Cochin, but also :slghtly 411 the beaten track, particularly .fors thi tourist who's more intent oh funding Old North Church than obscenity. • Vat gaeton'a district stunt/ claims ' there are plenty of WHOM who do find their way to the sone and contribute to the pre- ,perity of the businesses there. Byrn is ho adnttret 61 the gone. ire said it is "a menace, a cheap, lowdown fortis iof entertainment that breeds rape, rob - boles and all manner of nines. That. Detroit assistant city attorney j Maureen . i%Faa aaia is why she's all for Fri'' e.lt appproa to the problem, namely ' the "dispersal" of adult entertainment. l:c:ening particularly to prostitution, 'She acid, "The crime problem comes up only • rhea there is a cluster of these kinds of businssyes. 1 never heard of a problem 'where you bad only one adult theater by it- ' rxiL" She said a task force had hit upou the general idea of "inverse soning," and then she saw a way to tack 1t on to an existing ordinance. That was in 1972, when the city had seen its two adult theaters and two took stores jump to 18 theaters and 21 nurses if: just three years. Even though the zoning ordinance had t teen under legal attack until this summer when it was uphelt by the U.S. Supreme Court, it has tad what Mrs. Reilly described • as "a very good effect" in discouraging the protgeration of pornography outlets. In the four years since the ordinance went into effect, there have been two new theaters uuid four new book stores, all of which the city, arrow with the Supreme Court riling, is now moving to close down, Os :wand. The Detroit ordinance b two.pronged. f i. ;,co,aibitt more than two "regulated uses" things like porn shops, pawn shops and ahoeseine parlors —from locating within !.UJ) feet of each other. And it -prohibits adult entertainment 6.,Fiasszies from locating within 500 feet of az: rexideetial district, unless the proprietor pa.aih. i the houses of 51 per cent of the r.:apka living, or doing business within a 500. 0,4 aa•Uuv of the proposed site. • ing Laws • tt is last the tppoeite rat whit tls doe • her done. nutted of putting. them (adult , bullhead) together, hlMefott6 we are trying to keep tttero acattetld`" NisiReilly •j" That Ititei fe.t !d ittielt i! adiltitelos et • Jj:V • e problem that Detroit IS still . lading . with. Meth the city is trying to keep must • Mistime rc1tter.& it bee eat yet toned a way to "aaiottiaee the old, beereitOrteleg eitablishmeets out of bulbul or iota ixe. fotwcance with the mining lawn Dorton has the little problewi with r wig eateblahmeftts outside the bat. lone. "There are not too many of them, but there 1s a: wither prominent one tea adult theater What* "Deep Throat" is playing) right across from the convestioa center," Memolo said. . Dallas is trying to go atter existing porno busihass& But it probably will ihvita legal challenges with an ordinance, pused last month, that is retroactive, aria , ' one Dallas otticiaL Barring a court battle, adult Nadeau/4t that violate the ordinance —by being witbi 1,000 teat of a church, school or residentiitl district —'mare going say have to move or sac01 prosecution," said D. L. Burgess, conk mender of the police department's vice 000- trol division. • According to an auist• ant city attorney in2.2t the ordinance I •not' on aoaui(ao much u it is on "bush police ppoower. It prescribes fines of up to =200 a day until a violator moves or doses But with the law beteg so Dew, Burgess said, the police bays gotten no farther Ws compiling a list of estsbUsbnceats that don't measure up to the 1,0004oat rule and send. insthem Though Dare not directly Invoked In Wormed of the Baton and Detroit ordinances, rIndicate support the ding concept. In Baton, Deputy Supt. Anthony Leone acknowledged that "there are related activl. ties" to the Combat ?one. "But we are not having a spread o on be "t's, not Residing tarthe �" Of the Detroit ordinance, Police Lt. Richard Arrington said, "Ithas put a damper on the expansion of adult buss. nears." Re agrees with Mrs. Reilly that cheaters of adult busineues toad to have a spin-off effect. "Everything leads to a • degeneration of the neighborhood it you allow these adult businesses to flourish, be said. In other words, be would not want to see a Combat Zone la Detroit • New York hu so unofficial Combat L,F0.*i ern: t: ee od Tiinee lire, but the city guP treble/it b not readymyelailo give le by legalizing it. Michael Ilallentseld, a pubile intorma= thin ottieet tot the mayor`! Midtown Law >wntorcernent 1 rojeei, isle, "Wa have studied it (the flostolt ploel and we are tinder the opinion 11 dottrel work." 1n Baltimore, which has a decades'old Area tailed "the Block, interest apparently is tuouatin$ to give thAt blue tone otrieta, Itunctioe. Although there was a bill designating it as an adult entettaiontent district, the span. sop City Council Preeidunl Waiter Orlinsky, raid be has withdrawn It in deference to an admitolstrition uibao tooewal proposal that would provide a slimier designation for the Block. "11 you ran restrict 11 (adult entertain• aient) to a single srt1 where there Is no Bunted; it It 60 touch nester," he reasoned. 'list Apparently is the problem in many cities-ao single Area where adult bust• nand have c1wter t tu ether. It there te oae, tt is se pew shot climbs would contest • !sadly ha being ktven atticiu) hahetloti. M one planner here suggested "Who witaholl in his particular 1ectl011 01 town?" The Atlerde proposal "once had Ulna ot the flavor" of the Mutes Combat Zone eon. cept, though It loon was scuttled, essletaot city attorne _,Berl darnel♦ mod. The prop�fi viiakes on the Detroit approach of restricting adult busineeaea to eontrbetclat pew st least b06 teat from residential areas and at lewd 1,000 feet apart, 1t also lets up an amortlution eobed' ule, giving adult buatnesses that don't ton` torn► to the ordineoce a raaitlmum of lout stall 10 move ot time up, The schedule Is Used on the monetary value of the business estebtlehrneni involved. "1 am hopeful this it going to loom. ppllsh what we set out to do, to keep1het1 butihetaet out of the neighborhoods," .+1116111i.Dilligel ant Plitugi t iita . vmte. "sot 1 era not cos ident It wiu drive Ibese businesses out, as soma pee. • plc want to do."