From Draft 6-28-06: Language excerpted from San Francisco Comission on The Status of Women Ordinance as submitted to the Entertainment Commission 8-06-06
For the complete text of legislation see: http://www.whorecollege.org/badlegislation/SFDancerLeg6-28-06.pdf
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Ordinance (I) amending the San Francisco Police Code by: |
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(a)modernizing the regulation and permitting of live adult entertainment businesses for |
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the purposes of protecting the health, safety and welfare of exotic dancers and the |
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public, and to protect exotic dancers from conditions at live adult entertainment |
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businesses in San Francisco that foster sexual and economic exploitation of women |
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and coerce
acts of prostitution,
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(a)
In developing this ordinance, the Board of Supervisors ('Board') has
been mindful of |
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legal
principles relating to regulation of adult-oriented businesses and does
not intend to suppress or |
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infringe
upon any expressive activities or rights protected by the First Amendment
of the United States |
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Constitution
or California Constitution. Instead,
the Board desires to regulate businesses that |
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regularly
feature live exotic dancing, striptease, nude or semi-nude persons and
similar adult-oriented |
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live
performances distinguished or characterized by an emphasis upon the
display of specified |
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anatomical
areas or specified sexual activities, and to prohibit certain business
practices and working |
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conditions
that foster prostitution on the premises of such businesses. The purpose of such regulation |
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is
to protect the public health, safety and welfare, reduce the adverse
secondary effects of such |
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businesses,
and reduce the sexual and economic exploitation of persons, mostly women,
who work as |
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exotic
dancers. |
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Women
who currently or previously worked as exotic |
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dancers
at Live Adult Entertainment Businesses in San Francisco presented oral
and written testimony |
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to
the Commission that policies and practices regarding compensation of
exotic dancers, including |
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requiring
the payment of 'stage fees,' commissions, tips, and other consideration
as a condition or |
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prerequisite
for working as exotic dancers, quotas for lap dances, or other one-on-one
encounters with |
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patrons
in booths or other private areas, and other unfair businesses practices
coerce women to |
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engage
in acts of prostitution and promote illegal and/or unsafe sexual activity
on the premises of the |
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business.
In addition, booths and similar private encounter areas in Live Adult
Entertainment |
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Businesses
increase the likelihood that exotic dancers will be subjected to (or
make) illegal |
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solicitations
of sex for money, and that exotic dancers who do not engage in prostitution
will be |
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subjected
to groping, fondling, unwanted sexual advances, physical touching, and
assaults of a sexual |
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(e)
The Board of Supervisors has considered such testimony and the entire
record of the |
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hearings
held by the Commission, and finds the testimony that the policies, practices,
and working |
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conditions
of exotic dancers at many Live Adult Entertainment Businesses in San
Francisco foster |
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prostitution,
coerced prostitution, and sexual assault, as well as illegal and unsafe
sexual activity on |
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the
premises of the business, to the detriment of the exotic dancers and
the general public. |
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(f)
The Board of Supervisors takes legislative notice of the facts recited
in the case of Kev, |
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Inc.
v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment
results in |
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secondary
effects such as prostitution and other law enforcement problems. |
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(g)
The Board of Supervisors finds that existing regulations for Encounter
Studio Permits |
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contained
in the San Francisco Police Code and zoning and location criteria do
not adequately protect |
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the
health, safety, and welfare of exotic dancers, patrons of Live Adult
Entertainment Businesses and |
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the
public, and thus the requirements with respect to the ownership and
operation of Live Adult |
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Entertainment
Businesses set forth in this Article are in the public interest. |
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(1)
Evidence indicates that fully enclosed booths, individual viewing areas,
and |
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other
small rooms, alcoves, or other secluded areas the interiors of which
cannot be seen from |
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public
areas of the establishment are a significant factor in coerced prostitution
and other |
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unlawful
sexual activity; |
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(2)
Evidence indicates that sexual assaults on performers occur most frequently
in |
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fully
enclosed booths, individual viewing areas, and other small rooms, alcoves,
and other |
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secluded
areas the interiors of which cannot be seen from public areas of the
establishment; |
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(3)
The City has a substantial interest in adopting regulations that will
reduce the |
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possibility
for the occurrence of prostitution and unsafe sex acts at Live Adult
Entertainment |
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Businesses
due to the public health risks of AIDS, Hepatitis B, and other sexually
transmitted |
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diseases
associated with prostitution and unsafe sex acts; |
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(l)
Enclosed or concealed booths and dimly-lit areas within Live Adult Entertainment
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Businesses
greatly increase the potential for misuse of the premises, including
prostitution, coerced |
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prostitution,
sexual assaults, and unlawful conduct of a type which facilitates transmission
of disease. |
| (o)
"Specified sexual activities" means and includes any of the
following, whether |
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performed
directly or indirectly through clothing or other covering: (1) The fondling
or other erotic |
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touching
of human genitals, pubic region, buttocks, anus, or female breast; (2)
Sex acts, actual or |
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simulated,
including intercourse, oral copulation, or sodomy; (3) Masturbation,
actual or simulated; |
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(4)
Excretory functions as part of or in connection with any of the other
activities described in (1) |
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through
(3) of this subsection. |
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(2)
The Permittee, employee, agent, partner, director, stockholder, or manager
of a |
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Live
Adult Entertainment Business has knowingly allowed or permitted, and
has failed to make a |
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reasonable
effort to prevent the occurrence of any of the following on the premises
of the Live Adult |
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Entertainment
Business: |
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(i)
Any act of unlawful sexual intercourse, sodomy, oral copulation, or
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masturbation.
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(k)
All areas of the Live Adult Entertainment Business shall be illuminated
at a minimum of |
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the
5 foot-candles, minimally maintained, and evenly distributed at ground
level, except during |
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performances,
at which times lighting shall be at least 2 foot-candles minimally maintained
and evenly |
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distributed
at ground level.
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An
Applicant or Permittee shall allow representatives of the Office of
Labor Standards |
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Enforcement,
Entertainment Commission, Health Department, Fire Department, Police
Department, |
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Planning
Department, Commission on the Status of Women, Human Rights Commission
and other City |
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departments
or agencies to inspect the premises of a Live Adult Entertainment Business
for the purpose |
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of
insuring compliance with the laws and the development and performance
standards applicable to |
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Live
Adult Entertainment Businesses, at any time it is occupied or open for
business. A person who
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operates
a Live Adult Entertainment Business or his or her agent or employee
is in violation of the |
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provisions
of this section if he or she refuses to permit such lawful inspection
of the premises at any |
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it is occupied or open for business. |
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(a) Adult Bookstore. An establishment having 25 percent or more of its total |
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inventory or product lines books, magazines or periodicals which are distinguished or |
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characterized by their emphasis on matter depicting, describing or relating to �Specified |
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Sexual Activities' or 'Specified Anatomical Areas' as defined herein, or an establishment |
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which devotes 25 percent or more of its floor or display space to the sale or display of such |
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material. The term 'product line' refers to items which are all identical, such as numerous |
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copies of the same book or periodical. |
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(d) Specified Anatomical Areas. |
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1. Less than completely and opaquely covered |
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(a) Human genitals, pubic hair, buttock, natal cleft, perineum, anal region, and |
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(b) Female breast at or below the areola thereof; and |
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(f) Entertainment. Any act, play, revue, pantomime, scene, song, dance act, or |
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song and dance act, conducted or participated in by one or more persons, whether or not |
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such person or persons are compensated for such performance. |