PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
REGULAR/BRIEFING SESSION
TUESDAY, MARCH 15, 1988
The City Council of Salt Lake City, Utah, met as the Committee of the Whole on Tuesday, March 15, 1988, at 5:00 p.m. in Suite 300, City Hall, 324 South State.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Council Chairperson Godfrey presided at the meeting.
BRIEFING SESSION
The City Council interviewed Ranch Kimball prior to his appointment to the Historic Landmarks Committee. Mr. Kimball told the Council that ha previously served on the Committee as the Heritage Foundation designee. He said that sir he was leaving the Heritage Foundation he felt it best to resign as its designee. Consequently, the Mayor recommended his appointment as an “at-large” member of the Committee. Mr. Kimball told the Couixi1 that he looked forward to his continued association with the Historic Landmarks Committee.
The City Council interviewed George Marks prior to his appointment to the Golf Advisory Board. Mr. Marks said that ha had been a member of the United States Golf Association Committee as well as a director of the Utah Golf Association. He added that had enjoyed golf and was pleased to be able to help set direction for golf programs in Salt Lake City.
The City Council interviewed Fred Sanford prior to his appointment to the Golf Advisory Board. Mr. Sanford indicated that ha played golf often and enjoyed playing on the various City courses. He said that his previous employment allowed him the opportunity to play on several of the best golf courses across the country. He said that his experience would allow him to provide insight to the Golf Advisory Board. He indicated that ha was anxious to work with the members of the Golf Advisory Board.
Linda Hamilton, Executive Director, briefed the Council on the evening’s agenda. She told the Council that the appointment of Peter Van Alstyne to the Board of Adjustment and the appointment of Curtis E. Ackerlind to the Airport Authority Board were to be referred to Committee of the Whole. She indicated that the Council needed to clarify its board appointment policy prior to completing the two appointments. Councilmember Kirk made and Councilmember Bittner seconded a notion for the Council to enter into executive session to receive a briefing from Mayor DePaulis on the latest negotiations concerning the Salt Lake County jail. Council Members Horrocks, Fonnesbeck, Hardman, Godfrey, and Stoler voted “aye”. Following the briefing, Councilmember Kirk made and Councilmember Horrocks seconded a motion to close the executive session. Council Members Bittner, Fonnesbeck, Hardman, Godfrey, and Stoler voted “aye”.
The meeting adjourned at 6:00 pm.
The City Council of Salt Lake City, Utah, met in regular session on Tuesday, March 15, 1988, at 6:00 p.m. in the City Council Chambers, City Hall, 324 South State Street.
The following Council Members were present: Florence Bittner Thomas Godfrey Wayne Horrocks Roselyn Kirk Sydney Fonnesbeck Willie Stoler Alan Hardman.
Mayor Palmer DePaulis, Bruce Baird, assistant city attorney, Lynda Domino, chief deputy city recorder, and S. R. Kivett, deputy city recorder, were present.
Councilmember Godfrey presided at the meeting and Councilmember Kirk conducted the meeting.
Approval of Minutes
Councilmember Godfrey moved and Councilmember Bittner seconded to approve the minutes of the Salt Lake City Council for the regular meeting held Tuesday, March 8, 1988, which motion carried, all members voted aye.
(M 88-1)
Special Recognition
The Mayor and City Council presented the 1988 Reading is Fundamental awards. Mayor DePaulis and Councilmember Godfrey presented the awards to seven children from schools throughout the city. Mayor DePaulis said this was the third year the city had given these awards and he said they did this as part of the program to encourage children to catch the excitement of reading. In appreciation for the city’s support, one of the children presented the Mayor with an award.
DEPARTMENTAL BUSINESS
DEVELOPMENT SERVICES
#1. RE: A motion amending the city’s Community Development Block Grant fund by reducing the 13th Year contingency account by 17,863, and increasing the 13th Year NHS security lock program account by $17,863.
ACTION: Without objection Councilmember Kirk referred this request to the Committee of the Whole.
(T 88-4)
MAYOR’S OFFICE
#1. RE: The appointment of Peter Van Alstyne to serve as the Planning Commission’s designated alternate to the Board of Adjustment.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-14)
#2. RE: The appointment of Curtis E. Ackerlind, Jr. to the Airport Authority Board.
ACTION: Without objection Councilmember Kirk referred this appointment to the Committee of the Whole.
(I 88-8)
#3. RE: The appointment of C. Phillip Bamberger to the Utah Air Travel Commission.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to approve this appointment, which motion carried, all members voted aye except Councilmember Bittner who was absent for the vote.
(I 88-1)
#4. RE: The appointment of Ranch Kimball to the Historical Landmarks Committee.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to approve this appointment, which motion carried, all members voted aye except Councilmember Bittner who was absent for the vote.
(I 88-11)
#5. RE: The appointments of Fred Sanford and George Marks to the Golf Advisory Board.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to approve these appointments, which motion carried, all members voted aye except Councilmember Bittner who was absent for the vote.
(I 88-10)
PUBLIC UTILITIES
#1. RE: An interlocal cooperation agreement between Salt Lake City Corporation and Salt Lake County granting permission for Salt Lake City to install a prestressed concrete cylinder under Salt Lake County’s surplus canal.
ACTION: Councilmember Godfrey moved and Councilmember Stoler seconded to adopt Resolution 26 of 1988 authorizing execution of the agreement, which motion carried, all members voted aye except Councilmember Bittner who was absent for the vote.
(C 88-123)
PUBLIC WORKS
#1. RE: The City and County Landfill budget for 1988.
ACTION: Without objection Councilmember Kirk referred this budget to the Committee of the Whole.
(B 88-2)
PUBLIC HEARING
Sexually Oriented Business Licensing.
RE: A public hearing at 6:30 p.m. to obtain comment concerning an ordinance amending Title 20 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended, relating to licensing of sexually oriented businesses and repealing and amending other ordinances related to the subject including Sections 19-3-15, 19-4-12, 20-20-1, et seq., 20-34-1, et seq., and 20-37-1, et seq.
ACTION: Councilmember Godfrey moved and Councilmember Bittner seconded to close the public hearing, which motion carried, all members voted aye.
Councilmember Fonnesbeck moved and Councilmember Godfrey seconded to table this ordinance until April 5, 1988, pending modification and clarification, which motion carried, all members voted aye.
DISCUSSION: Bruce Baird, assistant city attorney, explained that the police department informed him that they could document fees and costs in excess of $300.00 per year in order to regulate one of these types of businesses. He said in the previous draft ordinance the regulatory fee was $85.00 per year with the investigation fee of $100.00 and the employee fee of $85.00 per year. He said the city was entitled to charge no more than the actual cost of regulation so they changed the regulatory fee to $300.00 but left the fee for individual employees and the investigation at $85.00 and $100.00.
He said this ordinance was a compilation of ordinances from all over the country plus current city ordinances. He said this ordinance primarily strengthened licensing issuance, required greater disclosure, and provided certain grounds for denial of licenses. He said this had no affect on the obscenity ordinance but regulated five types of sexually oriented businesses: outcall services (escort), adult businesses, nude entertainment, semi-nude dancing, and agencies. He said the ordinance required strict operating requirements and would require current businesses to obtain licenses under these provisions. He said this ordinance included repealers, such as the old escort ordinance, but said they left in Title 34 to regulate certain types of dancing in order to cover all possibilities. He said certain parts of the zoning ordinance were also amended. Don Campbell, police department, said approving this new ordinance would mean dozens of new requirements which would necessitate hours of additional employee time and new checks by various departments such as city licensing, the police department, zoning, and the board of health. In terms of follow-up regulation he said the police department determined that the cost would be hundreds of dollars.
John Redd, 925 East 900 South, spokesman for Citizens for Positive Community Values, supported the proposed ordinance and said it was an effective means for lawfully regulating sexually oriented businesses in Salt Lake City. He said they believed the provisions were reasonable, prudent, fair and necessary. He said they thought the proposed ordinance accommodated the constitutional rights of those who wanted to engage in this business and reflected what his group perceived to be the prevailing value of the community. He said the right for freedom of expression needed to be balanced against individual rights and he said they believed this ordinance was the proper balance.
Tom Cantrell, Angel Escorts, said he operated his business strictly within the law. He said he didn’t consider an escort service to be a sexually oriented business and said he was under the impression that the city was not considering escort services in this ordinance. He said he felt the Council was trying to legislate these businesses to the point that they wouldn’t be able to afford to operate. He said he had an open-door policy with the city and said criminally-oriented businesses would continue to ignore the law. He said he did not receive a copy of the ordinance prior to the meeting and was unable to give proper input. He also said he felt the Council did not have proper information.
He specifically said he thought the increased fees would be prohibitive to the employees. He said he felt the Council should table the ordinance and get more input. Mr. Baird said anyone who asked for a copy of the draft ordinance had been given one and copies of the drafts had been circulated to the American Civil Liberties Union and other attorneys. He said he had contacted attorneys for these businesses about this ordinance and had received input for many useful changes.
Councilmember Kirk also said that the Council had many briefings regarding this ordinance. Councilmember Fonnesbeck expressed concern about the increased fees and asked if it cost $300 to regulate these businesses. Mr. Baird said the police department told him they could justify this fee. She asked if the fee for individual employees could be substantiated and Mr. Baird said the police department told him they could substantiate the fees. Councilmember Fonnesbeck said it would be possible to reduce the fees if they were incorrect. Robin Blumner, director of the American Civil Liberties Union of Utah, thanked the city attorney’s office for soliciting their input in the development of this ordinance. She said the ACLU believed the ordinance was content-based restrictive on freedom of expression and in violation of the First Amendment. She said many courts would not agree but she said this ordinance was probably the most restrictive one in the country. She said if it passed the constitutional question on a facial challenge, she wasn’t sure if it would pass under an “as applied” challenge. She said the question was whether, under this ordinance, businesses would be permitted to operate as a whole.
In reference to the constitutionality of the ordinance, Mr. Baird said that on its face he didn’t think the ordinance was too broad, vague or ambiguous and said as far as the ordinance being applied unconstitutionally they would have to wait but said if businesses complied with the requirements they would be allowed to operate. Robert Pussey, representing the Utah Dancers Association, referred to the provision for semi-nude dancers and said he thought this portion was too broad. He said the semi-nude dancers could not come in contact with patrons and he said they should be exempted from the requirement to get a health certificate from the Salt Lake County Health Department.
He also had concerns with the $85.00 employee fee and the $100.00 investigation fee. He thought the provisions for semi-nude dancers should be considered separately since they did not require as extensive a background investigation as other sexually oriented businesses. He thought a yearly fee of $185 based on their economic earnings did not seem to be fair. He also said he thought the license fees should be prorated depending on when the person obtained a license (assuming license fees were due annually at the first of the year). He thought the provisions regarding throwing objects or clothing or accepting money were too broad.
He said during the course of a performance some dancers removed clothing but were constrained to stay covered in the appropriate areas. He thought the wording needed to be more specific. In regards to accepting money, he said under another section dancers could accept money as tips so the language needed to be modified to reconcile the provisions which stated they could not accept money.
Mr. Baird said he did not object to wording modifications as pointed out by Mr. Pussey if the Council wanted the changes. He also pointed out that the $100.00 investigation fee was only a onetime fee, assuming the person continually maintained their license. Regarding the fees, Mr. Campbell said there would be over a dozen new requirements which would increase the costs in manpower, hearings, background checks, criminal investigations, etc.
Bart Lower, Pleasant Grove, and Bernice Cook, 1746 South West Temple, supported the ordinance. Robert Murray, 8933 South 3860 West, objected to the ordinance because he thought it was too restrictive and thought it violated an individual’s right to choose the type of business they wanted to frequent. He thought more restrictions would hurt Salt Lake City’s ability to attract outside business because of an ultraconservative image. He said he had dealt with many outside businesses that had considered Salt Lake but were discouraged because of the image and lack of willingness to accept different lifestyles. Councilmember Fonnesbeck said she wanted the wording modifications as had been discussed and wanted documentation about the proposed fees could be substantiated. Councilmember Staler asked that the issue of prorating fees be considered too.
(O 88-3)
The meeting adjourned at 7:55 p.m.