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



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Ordinance (I) amending the San Francisco Police Code by:

(a)modernizing the regulation and permitting of live adult entertainment businesses for

the purposes of protecting the health, safety and welfare of exotic dancers and the

public, and to protect exotic dancers from conditions at live adult entertainment

businesses in San Francisco that foster sexual and economic exploitation of women

and coerce acts of prostitution,




(a) In developing this ordinance, the Board of Supervisors ('Board') has been mindful of

legal principles relating to regulation of adult-oriented businesses and does not intend to suppress or

infringe upon any expressive activities or rights protected by the First Amendment of the United States

Constitution or California Constitution.  Instead, the Board desires to regulate businesses that

regularly feature live exotic dancing, striptease, nude or semi-nude persons and similar adult-oriented

live performances distinguished or characterized by an emphasis upon the display of specified

anatomical areas or specified sexual activities, and to prohibit certain business practices and working

conditions that foster prostitution on the premises of such businesses.  The purpose of such regulation

is to protect the public health, safety and welfare, reduce the adverse secondary effects of such

businesses, and reduce the sexual and economic exploitation of persons, mostly women, who work as

exotic dancers.



Women who currently or previously worked as exotic

dancers at Live Adult Entertainment Businesses in San Francisco presented oral and written testimony

to the Commission that policies and practices regarding compensation of exotic dancers, including

requiring the payment of 'stage fees,' commissions, tips, and other consideration as a condition or

prerequisite for working as exotic dancers, quotas for lap dances, or other one-on-one encounters with

patrons in booths or other private areas, and other unfair businesses practices coerce women to

engage in acts of prostitution and promote illegal and/or unsafe sexual activity on the premises of the

business. In addition, booths and similar private encounter areas in Live Adult Entertainment

Businesses increase the likelihood that exotic dancers will be subjected to (or make) illegal

solicitations of sex for money, and that exotic dancers who do not engage in prostitution will be

subjected to groping, fondling, unwanted sexual advances, physical touching, and assaults of a sexual nature




(e) The Board of Supervisors has considered such testimony and the entire record of the

hearings held by the Commission, and finds the testimony that the policies, practices, and working

conditions of exotic dancers at many Live Adult Entertainment Businesses in San Francisco foster

prostitution, coerced prostitution, and sexual assault, as well as illegal and unsafe sexual activity on

the premises of the business, to the detriment of the exotic dancers and the general public. 




(f) The Board of Supervisors takes legislative notice of the facts recited in the case of Kev,

Inc. v. Kitsap County, 793 F.2d 1053 (1986), regarding how live adult entertainment results in

secondary effects such as prostitution and other law enforcement problems.




(g) The Board of Supervisors finds that existing regulations for Encounter Studio Permits

contained in the San Francisco Police Code and zoning and location criteria do not adequately protect

the health, safety, and welfare of exotic dancers, patrons of Live Adult Entertainment Businesses and

the public, and thus the requirements with respect to the ownership and operation of Live Adult

Entertainment Businesses set forth in this Article are in the public interest. 

(1) Evidence indicates that fully enclosed booths, individual viewing areas, and

other small rooms, alcoves, or other secluded areas the interiors of which cannot be seen from

public areas of the establishment are a significant factor in coerced prostitution and other

unlawful sexual activity;



(2) Evidence indicates that sexual assaults on performers occur most frequently in

fully enclosed booths, individual viewing areas, and other small rooms, alcoves, and other

secluded areas the interiors of which cannot be seen from public areas of the establishment;


(3) The City has a substantial interest in adopting regulations that will reduce the

possibility for the occurrence of prostitution and unsafe sex acts at Live Adult Entertainment

Businesses due to the public health risks of AIDS, Hepatitis B, and other sexually transmitted

diseases associated with prostitution and unsafe sex acts;



(l) Enclosed or concealed booths and dimly-lit areas within Live Adult Entertainment

Businesses greatly increase the potential for misuse of the premises, including prostitution, coerced

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

performed directly or indirectly through clothing or other covering: (1) The fondling or other erotic

touching of human genitals, pubic region, buttocks, anus, or female breast; (2) Sex acts, actual or

simulated, including intercourse, oral copulation, or sodomy; (3) Masturbation, actual or simulated;

(4) Excretory functions as part of or in connection with any of the other activities described in (1)

through (3) of this subsection.



(2) The Permittee, employee, agent, partner, director, stockholder, or manager of a

Live Adult Entertainment Business has knowingly allowed or permitted, and has failed to make a

reasonable effort to prevent the occurrence of any of the following on the premises of the Live Adult

Entertainment Business:

(i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or




(k) All areas of the Live Adult Entertainment Business shall be illuminated at a minimum of

the 5 foot-candles, minimally maintained, and evenly distributed at ground level, except during

performances, at which times lighting shall be at least 2 foot-candles minimally maintained and evenly

distributed at ground level.



An Applicant or Permittee shall allow representatives of the Office of Labor Standards

Enforcement, Entertainment Commission, Health Department, Fire Department, Police Department,

Planning Department, Commission on the Status of Women, Human Rights Commission and other City

departments or agencies to inspect the premises of a Live Adult Entertainment Business for the purpose

of insuring compliance with the laws and the development and performance standards applicable to

Live Adult Entertainment Businesses, at any time it is occupied or open for business.  A person who

operates a Live Adult Entertainment Business or his or her agent or employee is in violation of the

provisions of this section if he or she refuses to permit such lawful inspection of the premises at any

time it is occupied or open for business.



(a) Adult Bookstore. An establishment having 25 percent or more of its total

inventory or product lines books, magazines or periodicals which are distinguished or

characterized by their emphasis on matter depicting, describing or relating to “Specified

Sexual Activities' or 'Specified Anatomical Areas' as defined herein, or an establishment

which devotes 25 percent or more of its floor or display space to the sale or display of such

material. The term 'product line' refers to items which are all identical, such as numerous

copies of the same book or periodical.



(d) Specified Anatomical Areas.

1. Less than completely and opaquely covered

(a) Human genitals, pubic hair, buttock, natal cleft, perineum, anal region, and

(b) Female breast at or below the areola thereof; and



(f) Entertainment. Any act, play, revue, pantomime, scene, song, dance act, or

song and dance act, conducted or participated in by one or more persons, whether or not

such person or persons are compensated for such performance.