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88-945 WHITE - C�TV CLERK ; COURCIl PINK - FINANCE • � ' CITY O SAINT PAUL CANpRY - DEPARTMENT BLUE - MAYOR File NO. �! � Cou c 'l Resolution �� , , ; �4 Presenked By - �._.�- Referred To Committee: Date Out of Committee By Date A resolution re uiring all ordinances and appropriate resolutions include a Statement of Pu pose and Findings of Fact in t eir final form. WHEREAS, the St. Paul City Council is frequently called upon to approve resolutions and ordinances intende to correct an identified problem or fulfill a specific need or purpose and WHEREAS, these resolutions and ord nances are based on facts presented during the hearing process; and WHEREAS, this finding of fact is g nerally not included in the final form of the resolution or ordinance; no , therefore, be it RESOLVED, that the Council of the ity of St. Paul concludes that there is substantial benefit in including f ndings of fact and the intended purpose 6a��r� �ke eea�ea�s e� as a su le ent to the resolution or ordinance; and be it further RESOLVED, for 3 months at least 20 e�� ordinances and epp�e��e�e resolutions shall include a su le entar statement of purpose or intent and a statement of findings of fac �x included with the final form before final approval by the City Council and BE IT FURTHER RESOLVED, that after the ex erimental time, the rocess will be reviewed and ro er resolution/ rdinance be drafted to im lement this process if desired. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� In Fav r Goswitz ,�it°�*.��^: � B s�6e;�e� __ Agains Y Sonnen Wilson �V 2 2 � Form Approved by City Attorney Adopted hy Council: Date Certified Pa s d Counc'1 Se ry BY sy� A►pprov lNavor: Da �� 2� Approved by Mayor for Submission to Council By BY �� i 1988 < u , , • • �� . , . , � �_��_ ORDI ANC£ NO. ��-�''�'� AOOPTEO BY THE SAC MENTO CITY COUNClI.ON OATE OF �Ll. � . .W__ AN ORDINANCE ENDING ARTICLES VIII AND IX OF CHAPTER 5 OF THE SACRAMENTO CITY CODE RELATI G TO PICTQRE ARCADES BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: SECTION 1. Zntent It is the intention of t e Sacramento City Council that no picture arcade, as that term is defined in this ordinance, shall have or maintain fully or pa tia�ly enclosed or concealed booths. It is intended that this ord " nance shall apply to any picture arcade, irrespective of whet er its patrons utilize it as a private or membership club o by virtue of any similar or related arrangement. The law enforc ment and pubiic health and safety concerns which form the basi for this ordinance do not vary depending upon whether the p emises are open to the public or are under a private or membershi arrangement. SECTION 2. Findings Basea upon the written m terial contained in and attached to the Police Department 's r port, and the staff and public testimony presented to the C ' ty Council at its public hearing on this proposed ordinance, the City Council makes the following . findings: (1) There are sign ' ficant public health and safety con- cerns created by the occurre ce of masturbation and sexual acts within enclosed booths . Spe ifically, there is an increased danger to other patrons and o employees posed by thz presence of body fluids as to which they could come in contact. The danger is the potential for spread i the AIDS virus and the Hepatitis B virus , among others . The un anitary condition of the booths as described by the police and y the County Health Department is intolerable in any event. ( 2> All six adult ookstores within the City have private viewing booths where ' n adult-oriented videos and movies can be viewed privately. ( 3) All of these b oths were equipped with doors capable of being locked from the inside. O�DIl�1��E ��0. �S-C�'7'7 JUL 1 9-1_ . , , , . , . � ��,. .• • � ` ( 4 ) The viewing bo ths were in a filthy condition, with body fluids (semen) on the f oors , walls , doors and screens . ( 5 ) Many of the bo ths were furnished with tissue in dispensers , and trash cans c ntaining tissues soiled with semen . From this fact and the other set out above, the detectives concluded that masturbation nd sex acts were occurring within the booths. (6 ) In the booths here were many messages soliciting all types of sexual activiti s. These messages , often with telephone numbers or other m ans of contact, were written on the doors , walls and screens of he booths . (7) The detectives observed actual sexual activity occurrinq in their presence. ( 8) The detectives were solicited to participate in sexual activity in the priva y of the booths . ( 9) The detectives made a total of five (5 ) arrests of individuals during the inves igation, for charges of violation of prostitution laws or commiss ' on of lewd acts . ( 10 ) The detectives contacted representatives of the Vice Units of the Sacramento Sheriff ' s Office, the San Francisco Police Department, and the L s Angeles Police Department. In the resulting discussions, the d tectives learned that those Vice Units have had similar exper ' ence to that set out above, within enclosed viewing booths in a ult-type arcades or adult bookstores . Each jurisdicti n cited law enforcement problems relating to prostitution and iewd acts in those facilities . Representative reports were obtained from these jurisdictions . (11) The City Coun il finds and concludes that this ordinance is an effective r medial measure designed to deal directly with the law enfor ement and health and safety issues . This finding is based upon he tes�imony of staff, the findings set out above, tne reported experience oi other jurisdictions, and upon the memorandum sub itted to the City Council by the City Attorney. SECTION 3. Section 5.83 of Article IX of Chapter 5 of the Sacramento City Code is renumbered to ection 5 . 93 . SECTION 4. Sections 5. 83 , 5. 84 and 5. 85 are added to Article VIII of Chapter 5 of the Sacramento City Code, to read as follows : -2- Ot�DI�IA�r'CE No. ��—�'�`� �u� i � io� � � . , . � 9-1 �' . . . ��9y�� S5. 83 Definition. As used in this article, a " icture arcade" shall mean any place to which the public is admit ed or any public place, wherein one or more still or motion pict re machines or projectors are operated or maintained to sh w still or motion pictures to five ( 5 ) or fewer persons per mac ine at any one time. S5.84 Visibility of Interio . No picture arcade shall be m intained or operated unless the complete interior of the pic ure arcade where the pictures are viewed is visible upon entra ce to such picture arcade. No partially or fully-enclosed ooths or partially or fully- concealed booths shall be ma ntained. §5.85 Application. The applicability of this ar icle shall not be affected by the utilization or maintenance o a membership or club format or any similar arrangement or form f doing business, if this article would otherwise be applicabl . DATE PASSED FOR PUBLICATION: JUL fl 8 1986 DATE ENACTED : JUL 1 5 1966 DATE EFFECTIVE: AUG 1 � 1986 ANNE RUDiN MAYOR ATTEST: ANNE �. MASON Assist�nt CITY CLERR —3— ��'�i�AJ'�L` ��.��—��''7 JUL 1 5 1986 , 0 � - g� S� Members: CITY OF ►.S'AINT PAUL Kiki Sonnen, chair ' � �� a Roger Goswitz �� OFFICE OF SE CITY COIINCIL Bob Long .�-'f ' Staff: Joe Hannasch, Research KIKI SONN EN Agenda Date: Frida , November 4, 1988 Donna Sanders, Secretary counc�.member Jane McPeak, Attorney MOLLY O'ROURKE Legislative Aide • Rules and Policy C mmittee Report � RECEIVED � NOV 101988 1. Approval of minutes of the Octo er 7, 1988 Meeting COMMITTEE APPROVED CITY CLERK 2. RESOLUTION 88-1694 - establishi g a Legislation Committee and amending � Chapter A-2, Rule 1 of the Admi istrative Code by adding a new committee "Legislation" and ame ding Chapter A-2, Rule 5 by adding a new committee function. (Refer ed to the Rules & Policy Committee 10/25/88) . COMMITTEE RECOMMEND D APPROVAL 3. 'lC�SOLUTI�I� �88-945 - Requiring 11 ordinances and appropriate resolutions to include a statem nt of purpose and findings of fact in their final form. (Referred to R & P 6/14/88 (Wilson) ; Heard in R & P C�tt�a;,�/8/88, 8/5/88, and 9 2/88) C€A�B��'3"J.`�'$'�O�IENDED 'APPROVAL ITH AMENDMENTS 4. DISCUSSION OF INTEGRATING THE B ARD OF HEALTH INTO CITY COUNCIL MEETINGS. (Result of 10/6/88 C ty Council Meeting) . NO ACTION REQUIRED. COMMITTEE ECOMMENDED MS. MCPEAK PREPARE A RESOLUTION TO GO DIRECTLY TO CO CIL 5. DISCUSSION OF EXECUTIVE ORDER E 29 - Pertaining to guidelines and procedures for Minnesota Govern ent Data Practices Act. (Referred to R & P Committee :8/25/88; Heard n R & P Committee 9/2/88 and 10/7/88) COMMITTEE. RECOMMENDED ONE MONTH LAYOVER CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 , 612/298-5378 s�ae ! �� X — �s�.� �- ,....,r G �'(J .., �.�"f/ :•�� CI Y OF SAINT PAUL INTERDEPAR MENTAL MEMORANDUM MEMO TO: Mayor Georg Lat'mer FROM: Bob Sandqui DATE: November 28, 198 SUBJECT: Council Resoluti n No. 88-945 Council Resolution No. 88- 45 is a rewrite of an earlier resolution that was discus ed at great len�th earlier this year in cbmmittee . Out of those discussions came the revisions formed in the at ached resolution. Apparently, Councilmembers had some concerns about whether the merits of the changes requ sted in the resolution balance with the extra work that would e required in the preparation of each document. The revise resolution addresses those concerns by calling for a rial period to see how well the new process works and to measu e its utility. The trial period will end after 20 resoluti ns and ordinances have been submitted to the test. Th n, at that time, the Council will conduct an evaluation of h w it all went and we can do the same with our department p ople. Wilson and Council' s inten ions with this resolution are pure and do not arise from any pecific problems with the Departments . It just seem to them to be a better way to do business . Councilmember W lson was inspired by the example of Sacramento, California, wh ch for some time has been preparing its ordinances in a manner similar to that prescribed in Resolution No. 88-945 . I see no good reasons for ou not to sign this, if problems surface, you can veto at t e conclusion of the trial period. BS/jr . _ _ _ _ _ WMITE - C�TV CIERK CQUflCll ,�� PINK - FINANCE G I TY O SA I NT PAU L � CANARV - DEPARTMENT BLUE - MAVOR File NO• � � Co c l Resolution �� f � � �6 � Presented B� Referre To V L-t- �"" �r°� - Committee: Date �' "" ��` �� Out of Com 'ttee By Date resolution re uiring all ordinances an appropriat resolutions include a Sta ment of Pu pose and Findings of Fact in t eir final form. WHEREAS, the St. Pau City Council is frequently called upon to approve resolutions a o dinances intended to correct an identified problem or ful il a specific need or purpose; and WHEREAS, these resolutions and ordinances are based on facts presented during the hearing rocess; and WHEREAS, this finding of f ct ' s generally not included in the final form of the resolution or o dinance; now, therefore, be it RESOLVED, that the Counc 1 of t City of St. Paul concludes that there is substantial benefit in including findings of fact and the intended pur ose with'n the contents of the resolution or ordinance; a d be it fu ther RESOLVED, all ordinances nd appropri te resolutions shall include a statement of pu pose or intent and a statement of findings of fact in the fin 1 form before 'nal approval by the City Council. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� [n Fav r —�` Goswitz Rettman B Scheibel A gai n s Y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By t�pproved by Mavor: Date Appcoved by Mayor for Submission to Council gy _ BY � WHITE — GTV CLERK . . ._ .. .. .. � �. ... ,. . . � PINK. — FINANCE � 7 COVQCII �/ y/ CANARV — DEPARTMENT ;,,�,�i�TY O. SA I NT PAIT L File .; NO. � ;/'� �" � BLUE —MAVOR � - � . . o�. , } ,� � Counc l Resolution � . ��',� �_� _� ,� ,. � _, _ � �.�� Presented By ,� .�..-�`'f � Referred.,To � � t-�- -� �" , � }��`�" � � Committee: Date �% � �`"�'� � � Out of Com�ittee By Date �l '=, ��► r�ssvintioa rit�g ali azdi�►ors a�p�co�►ria�t 1ttL�s iac2.� a Sta t at a�d !'i�iags o� �'�,��act �a lf.�al foss. .� �,� N��t, t1� St. la�it� il 3s ls,sq�e�l� t:allad opoa fie� ap�rE�t+e resol.ali.c�sars iat+�ad�d ta oQUrr�o� aa i�ntifi�d prab7.� oz ill ip�aii`iQ as�d or �� a�d �, tl�a� ruolati +�rd#aa�saa+�s are baaad on laa�s gs�tsratad d�ariag tI's hsariaq s� a�d �EiS. �his fia�inq o� tur s qes�rall� n�t iecl�t � ti�e tiasi foza� a! t� resol�tiau� t a�r, t1�r�rtos�, be it �: �.tfRD, tmat tb. coa�ii � Cicy of st. t�tsi c�ci� tbat thfs+� is s�tantial !it ia i�ci�diaq liadt�gs o! tavt and tt�t �o►t�ad �t�. t2�s av�tist� ot t�e r��ol��ie� or ordiaaavr� a»� it �Y�, all o�rdi�urc�s and ap�s`�r t� rs�rolrttS,� si�al.l iaal� s � stat+a�at of pnrpci flr in#.�a� and a sfi.at�rat o! �fad�.aqs o� taat is t�s fi�al �ra b��o:t� ��na1 ap�so�.al �y thi � Cit� Coa�il. � � ti S � � �'�. �� •� � , � COUNCIL MEMBERS Requested by Department of: ��i " Yeas Nays ' Dimond � �� In Favor coswitz Rettmsn ��be� Against BY Sonnen W7son Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY _ By� � Approved by 1�avor. Date — Approved by Mayor for Submission to Council .y�.> . . � - . � By By