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Time, Place, and Manner Regulation of Business Activity <br />SUMMARY <br />Purpose <br />This report provides the basis for development of an amendment to the <br />Austin zoning ordinance regulating adult businesses. Austin's current <br />adult business zoning ordinance was permanently enjoined from being <br />enforced in January, 1985 when Taurus Enterprises sued over a "Code <br />Violation Notice", issued by the City. The violation occurred because <br />a bookstore was located within 1000 feet of property zoned and used <br />for residential proposes. <br />Existing Research and Legal Basis <br />The first portion of the study examines existing research concerning <br />the impact of adult business on crime rates and property values. <br />Results from these studies contain- similar findings - crime rates are <br />higher and property values lower near adult oriented businesses. <br />Despite the negative impacts, regulation of adult businesses must <br />respect constitutional rights of owners and patrons. Therefore an <br />overview of pertinent legal and constitutional issues is also <br />provided. <br />Existing Adult Businesses in Austin <br />ustin has 49 adult oriented businesses, consisting primarily of <br />-)okstores, aters, massage parlors, and topless bars. Generally, <br />these businesses are located in an area between Lamar Boulevard and <br />Interstate Highway 35. <br />Analysis of the Impacts of Adult Businesses in Austin <br />An analysis of crime rates was conducted by coaparing areas with adult <br />businesses (study areas) to areas without adult businesses (control <br />areas). Both control and study areas are circular in shape with a <br />1,000 foot radius, contain similar land uses, and are in close <br />proximity to one another. Four study areas were defined: two with <br />single businesses and two with more than one business. Within the <br />study areas, sex-related crimes NtrLe found to be from two to nearly <br />five _rimes the ci de averse../ Also, sex -re a crime rates were <br />fouiid tom b6 gBW in study areas with two adult businesses <br />compared to study areas with only one business. <br />In order to assess the impact of adult businesses on property values, <br />questionnaires were mailed to 120 real estate appraisal and lending <br />firms. Eight -eight percent of those responding indicated a belief <br />that an adult bookstore would decrease residential property values <br />within one block, and 591 felt that residential property values would <br />decrease within three blocks. Respondents based their opinions on <br />several factors. They noted that adult businesses made homes less <br />'.tractive to families, thus lawering demand and property values. <br />hers stated that the existence of adult businesses leads mortgage <br />undecwriters to believe that the neighborhood is in decline, thus <br />making 951 financing difficult. <br />EVER00270 <br />