CITY OF MORROW, GEORGIA
CALLED COUNCIL MEETING
June 6, 2006
PRESENT AT MEETING: ALSO PRESENT:
Jim Millirons, Mayor John Lampl, City Manager
C. R. Huie, Mayor Pro Tem
Thomas J. LaPorte, Councilman
Virlyn Slaton, Councilman
Charles O. Sorrow, Councilman
Mayor Jim Millirons called the meeting of the Morrow City Council to order at 7:30 p.m. The meeting took place in the Council Chambers of the Morrow Municipal Complex, 1500 Morrow Road, Morrow, GA, 30260. Everyone stood for the Pledge of Allegiance to the flag. Councilman Sorrow gave the invocation.
RECOGNITION: Planning and Zoning Board Members were recognized and introduced to the audience.
NEW BUSINESS:
Presentations were set forth to address a proposed ordinance to amend the City Code of Ordinances by amending the following:
Title 9, Chapter 2, Article C., Sec. 9-2-45. Nude dancing and obscene expressions prohibited;
Title 9, Chapter 4, Article G., Adult Entertainment Establishments; and, Appendix A, Article IX, Sec. 907A, Sec. 911, Sec. 912 and Sec. 915, Schedule of District Regulations.
Mayor Millirons introduced the first speaker, Capt. Kuzmiacki Tom Kuzmiacki, City of College Park.
Capt. Kuzmiacki explained to the Council that the City of College Park, Georgia, in an effort to refine their Code of Ordinances in 1996, performed an undercover sting operation in Atlanta and Columbus to better understand how adult establishments operated.
The police officers did not get as much information in Atlanta. Capt. Kuzmiacki speculated that the establishments knew they were undercover cops. In Columbus, police officers were able to observe the operations. The sting operation utilized one officer outfitted with a listening device, one officer on hand for backup and a van outside for surveillance.
The operations in Columbus were primarily for lingerie modeling. In these operations, a customer enters the establishment, views an inventory of lingerie and chooses a particular garment. Once you have selected a garment, a price is given and then the establishment employees ask if the customer would like to see the garment modeled. For the modeling, staff leads a customer into a closed room and model the lingerie. These modeling sessions required money and the more money a customer offers, the more extensive the modeling.
The concern is that people are lead into a room and the doors are locked. The rooms have a chair, a table with tissues and hand lotion. These rooms are referred to as “jack shacks”, a term known to mean a masturbation shack. Again, the more a model is paid, the more she will do. The Capt. Kuzmiacki noted that because of ethics, he was not going to indulge in the activity as far as the model wanted. However, as the money increased, the model’s garments were removed and the Capt. Kuzmiacki was asked to remove his garments. At this point, Capt. Kuzmiacki went no further.
At the next establishment, the set up was much the same. He paid a specific amount for a garment and then went into a room. One room actually had wall to wall mirrors. The Capt. Kuzmiacki explained that his experience instinctually told him that someone was behind the mirrors observing. Probably to ensure that all behavior was paid for or that the models were safe. One room even had a shower and for a hundred dollars you could watch the model shower.
During these sessions the models encouraged you to touch them, which he did not. The models encourage you to want more services, they can do more, you can masturbate or they can assist you to masturbate for a certain price.
After the sting operation, the officers involved drafted a report to outline their biggest concerns or problems with adult entertainment establishments. There are ten basic areas of concern.
1. Hours of operation. In Columbus it was late in the evening yet they appeared to be open all night when the models suggested they come back later on.
2. Business license. A license was not visibly posted and this is required for most businesses.
3. Age of the models. It was difficult to tell exactly how old the females were but they seemed to be 14, 15 or 16.
4. Touch. The models are constantly encouraging touch, for a certain price. It was all based on money. In Atlanta it was different, they were more careful not to mention money during the lingerie selection process.
5. Tipping. Models encouraged tipping, they encouraged me to put tips in their garments or to lay money on the table so they could view it. We were concerned that they wanted us out of our clothes. Maybe to make sure that we were not undercover officers and they constantly questioned us.
6. Environment. With the College Park Council we discussed regulating “back rooms”. The session should be public. The doors were locked, closed and the rooms were mirrored. This could have been a set up for robbery or provides the opportunity to make a claim that we did something bad to one of the females. In fact, the sessions could have been recorded.
Capt. Kuzmiacki explained that because the operation was undercover, they did not pursue criminal charges, but had they there would have been criminal charges in every establishment visited. He also told the Council that College Park called ahead of time to inform the local police departments of the operation. He further explained that one department told them of a type of business that was a model torture, where the models allow you to torture them when they are wearing the lingerie.
7. Alcoholic beverages. The establishment staff asked the officers if they had any alcoholic beverages and if they had any in their car that they wanted to bring in. We got the message that if we wanted to come back and bring some in we were welcomed to do so.
8. Lighting. The lighting in the establishments was very low and made it difficult to see at times. We reported that lighting should be regulated.
9. Privacy. The privacy of the establishments must be addressed. The performances are private and as soon as you select lingerie you are moved into separate rooms. Although the Capt. Kuzmiacki suggested that he surely could have left at any time, but the separate private rooms are scary.
10. Dressing rooms. There were no dressing rooms. All activities took place right in front of us. Models completely disrobed before putting on the lingerie.
These were the primary concerns we brought before our Mayor and Council. Capt. Kuzmiacki reiterated that Columbus seemed much looser than Atlanta. In conclusion he suggested that going behind closed doors can be asking for problems. He went on to say that while visiting these establishments, he noticed a lot of shady people hanging around and they always used caution.
Mayor Millirons asked if there were any questions. No questions arose and the Mayor thanked Capt. Kuzmiacki for his presentation.
Mayor Millirons introduced the second presenter, Chief Jeff Baker from the Morrow Police Department. Chief Baker presented research in a Power Point format entitled Adult Oriented Businesses: Secondary Impact on the City’s Communities (with supporting documents). He also read a report out of Bibb County entitled 2025 Emery Highway v. Bibb County, Georgia. Both reports are attached as official exhibits to the minutes and represent a complete and detailed account of Chief Baker’s entire presentation.
Chief Baker asked for questions and no questions arose. The Mayor thanked Chief Baker. Mayor Millirons then introduced our last presenter, John Lampl, City Manager for the City of Morrow.
John Lampl’s presentation covered information in an exhibit titled Adult Oriented Businesses: Their Impact on a Community. John Lampl discussed studies out of Austin, Oklahoma, Minnesota, Phoenix, Indianapolis and a case study out of Pinellas County. Copies of all studies were previously given to Planning Commission and City Council.
John Lampl began by explaining that we are trying to constitutionally protect free speech while also trying to eliminate adverse effects on our community. He explained that research showed a relationship between criminality and proximity to adult entertainment. He further explained that research showed that sexual crimes increased when adult entertainment was introduced into the environment.
City Manager Lampl noted that the information was not just developed by counties and municipalities. In fact, there was a group of real estate appraisers whose survey showed that in Los Angeles 90% of the residents felt the establishments would decrease property value for anything located within a thousand feet.
One law enforcement study indicated that areas surrounding adult businesses have a higher level of public intoxication, theft, assault, disturbing the peace and sexually related vices. These areas are open for people looking for fun, or looking for easy opportunity. This same study suggested a severe decline in residential property values surrounding adult businesses which can precipitate a transition to a transient renter occupied neighborhood. Lampl stated that stability is important for the long term viability of a community.
The information indicates that adult establishments draw a substantial portion of their clientele from outside the area. The businesses are not serving the local or adjacent populations; they are coming from somewhere else with different values taking opportunities which may not be within the confines of the law.
Referring to a study out of Minnesota, City Manager Lampl noted that the research stated that adult businesses served as a magnet for prostitution and drug crimes into the neighborhood. That these businesses can have an adverse effect on property values and impede revitalization. The spill over effects might lead to sexual harassment of residents, scattered unwanted evidence of sexual liaisons in the paths of children and neighborhoods. Morrow has a significant number of elementary schools and a close proximity to many high schools as well as several Universities. Throughout Morrow there are few places without some educational facility. A lot of these schools have many people below the age of eighteen.
From the study out of Minnesota, John Lampl cited information that showed an increase in the crime index for any census tract into which an adult establishment had been introduced. Indianapolis study summary also sowed an increase in crimes especially in communities which are older and less affluent. Morrow is a part of metro-Atlanta and within the metro-Atlanta ring this County has the lowest housing values. Looking at the income levels, Clayton County is number one in the nation for low income housing. Also, with the flight of the middle class, we have a higher level of low incomes. The Interstate 75 makes us assessable by all of the metro-Atlanta area; we are a prime target for this type of business. The business will in turn have adverse effects on something that is already critical to us.
Looking at travel corridors just outside the City, City Manager referenced a news paper article from the previous day, there was a Vietnamese lady who was burglarized 12 times in one subdivision and had a hand gun pointed at her head. Just outside the City on Mt. Zion, not too long ago, a Hispanic male was shot dead for making an inappropriate hand gesture to a passing driver. In the summer of last year, just outside the City close to an elementary school off King Williams Drive, someone kicked in the front door and shot him dead.
The City of Morrow annexed a shopping center on Mt. Zion and the Development Authority fixed it up. At this center, a gentleman ran into another individual and then was shot, but not killed. These are all examples of the surrounding areas, all less affluent. In these neighborhoods while it is extremely important to protect free speech, it is vitally significant to protect against the adverse effects on this community.
Referencing the study out of Pinellas County, City Manager highlighted some points. In some cases these establishments do not have actual employees, they are subcontractors. When police departments try to enforce the laws, the individuals themselves are arrested, but the businesses are safe. There is a contract between dancers and owners. Each of these employees is willing to go to certain levels and many times are well beyond the confines of the law.
One section of the report deals with movie theaters and coin box operations. These environments create a health risk and the explanations set forth in the report explain that bodily fluids remain on floors and walls, health risks and disease are rampant. Protection for adult activity is sold at the door. There is more going on than watching a video. Environments have to be controlled for health reasons. City Manager Lampl referenced page 32 in the Pinellas report and noted that the law was clearly broken. In the report there appeared to be a correlation between the amount of clothing an individual was wearing and the activities they will pursue.
The cost of regulation is also an issue, explained City Manager Lampl. The establishments have to be looked after to ensure that they are not being run by any organized criminal activity. Certainly at the same level we would do an alcohol license, run a criminal history and make sure one does not have a repeated past offense. If one does, they would not be entitled to the privilege. John Lampl anticipates the costs to be between $500 and $1,000 and the average salary of an officer is $37 per hour and anticipates 10 hours of research into these activities. It can increase if records requests are necessary. Also, throughout the year, the police department will have to periodically visit the establishment to ensure they are abiding by all laws.
City Manager Lampl asked for questions. There were no questions.
Mayor Millirons concluded the presentations and thanked the presenters.
COMMENTS:
Citizens- Melvin Newman, Chairman of the Planning and Zoning Board committee stood to commend the Mayor and Council. He recognized the work it took to prepare the level of detail offered in the presented information. This indicates, as he explained, the seriousness of the issue to the Mayor and Council. As a citizen he spoke with appreciation.
Mayor Millirons adjourned the meeting at 8:17 pm.
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JIM MILLIRONS, MAYOR
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C. R. HUIE, MAYOR PRO TEM
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CHARLES O. SORROW, COUNCILMAN
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THOMAS J. LaPORTE, COUNCILMAN
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VIRLYN SLATON, COUNCILMAN
ATTEST:
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Sylvia Redic, City Clerk