1 00:00:00,340 --> 00:00:04,720 Aye, aye, aye, aye, aye. 2 00:00:09,640 --> 00:00:10,920 Recording in progress. 3 00:00:15,370 --> 00:00:15,930 Aye, aye, aye, 4 00:00:21,710 --> 00:00:26,690 aye. 5 00:00:41,640 --> 00:00:43,500 Yeah, I don't see her. Yeah, 6 00:01:01,400 --> 00:01:02,640 open it. 7 00:01:32,530 --> 00:01:34,330 I still don't see her. 8 00:01:35,150 --> 00:01:35,730 I guess. 9 00:01:38,530 --> 00:01:41,130 So you can just choose my next question. 10 00:01:41,710 --> 00:01:41,870 Okay. 11 00:01:42,570 --> 00:01:44,270 He's, what do you mean everyone, 12 00:01:44,910 --> 00:01:47,330 it is Thursday, June 13, 2004, 13 00:01:47,730 --> 00:01:49,490 time is 5.33 pm. 14 00:01:50,010 --> 00:01:53,270 This is a special meeting of the City of Council 15 00:01:53,270 --> 00:01:54,490 of the City of Central. 16 00:01:55,130 --> 00:01:57,270 If we can have a roll call please, Ms. Reba. 17 00:01:58,610 --> 00:01:59,610 Mayor Faye. 18 00:02:00,730 --> 00:02:03,210 Mayor Protin Tannucci, Alderman Aiken, 19 00:02:03,670 --> 00:02:04,970 Alderman Enlow, here. 20 00:02:05,330 --> 00:02:05,970 Alderman Williams. 21 00:02:06,230 --> 00:02:06,310 Here? 22 00:02:08,820 --> 00:02:17,300 Okay. Kara is trying to join us, but she just sent me an error message that she's got to update her zoom, so she'll be here soon. 23 00:02:17,300 --> 00:02:17,820 Okay. 24 00:02:18,260 --> 00:02:19,700 Please join me in the question. 25 00:02:22,060 --> 00:02:26,000 I pledge allegiance to the flag of the United States of America, 26 00:02:26,600 --> 00:02:28,660 and to the republic for which it stands, 27 00:02:29,240 --> 00:02:32,080 one nation under God, indivisible, 28 00:02:32,360 --> 00:02:34,560 with liberty and justice for all of us. 29 00:02:39,300 --> 00:02:43,120 I assume not that any proposed adjustments 30 00:02:43,120 --> 00:02:44,380 to the agenda. 31 00:02:50,220 --> 00:02:52,420 Next we have a conflict of interest, 32 00:02:52,760 --> 00:02:54,420 and it was brought up in our recent meeting 33 00:02:54,420 --> 00:02:58,500 by Mr. Garogi that perhaps I should recuse myself 34 00:02:58,500 --> 00:03:00,700 from even these executive sessions 35 00:03:00,700 --> 00:03:02,360 that we are having in this regard, 36 00:03:02,800 --> 00:03:08,140 and my understanding from our council is that 37 00:03:08,790 --> 00:03:10,420 there would not be any reason, 38 00:03:10,620 --> 00:03:15,600 even if there is a reason further down 39 00:03:16,130 --> 00:03:17,720 for a vote to declare anything 40 00:03:18,230 --> 00:03:20,680 that you think we should move ahead 41 00:03:20,680 --> 00:03:22,820 with the executive sessions, I correct. 42 00:03:22,820 --> 00:03:27,000 So it is going to be ultimately up to you whether, if you believe there's a conflict of interest, 43 00:03:27,280 --> 00:03:32,500 legally, the conflict of interest comes in to play when there's a financial gain or something 44 00:03:32,500 --> 00:03:38,700 like that on an application. Here, what we're talking about is a legislative change. It's going to 45 00:03:38,700 --> 00:03:44,720 be city-wide changes not affecting just one person. It's going to be affecting an entire city. 46 00:03:45,440 --> 00:03:52,120 So under that first conflict of interest, if there's not going to be a financial gain or you're not 47 00:03:52,120 --> 00:03:57,960 And you know, have a special connection to the city at large of the sexually oriented businesses. 48 00:03:58,800 --> 00:04:03,220 I don't believe legally you would be mandated to repeat yourself. 49 00:04:04,680 --> 00:04:11,220 Okay, so my opinion on it is that the conversation will be served by being in it. 50 00:04:11,700 --> 00:04:22,020 The council, but I'm not really, I'm not in the other opinion that anything I would say, 51 00:04:24,860 --> 00:04:26,320 would change the outcome. 52 00:04:26,520 --> 00:04:28,300 We're not voting, I think there's no decision 53 00:04:28,300 --> 00:04:30,540 as being made in the executive session. 54 00:04:31,040 --> 00:04:32,340 But I'm willing to share from you guys 55 00:04:32,340 --> 00:04:33,520 what you guys think about it. 56 00:04:35,340 --> 00:04:38,280 I mean, I'm not, I think there's a conflict 57 00:04:39,240 --> 00:04:40,780 for going into the executive session. 58 00:04:41,140 --> 00:04:43,820 Yeah, we're going to be in just a separate recording. 59 00:04:43,820 --> 00:04:44,460 Recording stopped. 60 00:04:47,620 --> 00:04:48,220 I'm going to start. 61 00:04:52,420 --> 00:04:54,460 Let's just, is it recording that? 62 00:04:54,880 --> 00:04:56,460 Oh, I'm recording here too. 63 00:04:57,160 --> 00:04:57,700 Sorry, let me go ahead. 64 00:05:00,000 --> 00:05:01,200 I'm here. 65 00:05:02,160 --> 00:05:04,380 It won't be showing the camera. 66 00:05:04,800 --> 00:05:13,740 But I think at this stage, Jeremy, you and I will have some serious discussions. 67 00:05:13,740 --> 00:05:14,460 So 68 00:05:16,580 --> 00:05:24,360 much ourselves, you, I, if I were to stand with things, because we've been a few things in the paper, and now it is public. 69 00:05:24,860 --> 00:05:31,120 I might have to refuse myself because I could be against our CI because of Joseph's, my husband's termination. 70 00:05:31,720 --> 00:05:36,500 But I don't think that is the meeting we're here for. 71 00:05:37,500 --> 00:05:41,640 And if you all agree with me, I think Jeremy and I can both stay. 72 00:05:41,640 --> 00:05:47,880 And then comes time when we have to go, and that's when we do, we reduce ourselves. 73 00:05:53,500 --> 00:06:00,300 Garrett, I mean, just, just, well, actually, Jeff, we're starting to talk to go ahead and finish up your thoughts. 74 00:06:01,160 --> 00:06:13,460 I just, specifically, what Karla brought up, so to like, I mean, we should, I don't see why we should go in the executive session when it was a conference dealing with, 75 00:06:13,460 --> 00:06:23,240 what we're dealing with and I think I don't know why is all this stuff that we talked about 76 00:06:23,240 --> 00:06:27,560 and we're going to be able to bring this out in public because I don't see much there 77 00:06:27,560 --> 00:06:28,880 that it wasn't discussed. 78 00:06:29,920 --> 00:06:30,180 Sure. 79 00:06:30,440 --> 00:06:34,320 So I think my presentation will be something that I think can be said out loud. 80 00:06:34,560 --> 00:06:38,400 I think the benefit of being an attorney and having an attorney client for which is a 81 00:06:38,400 --> 00:06:42,400 frank discussion of questions you might have but you might not, you might not actually 82 00:06:42,400 --> 00:06:43,700 understands the implications of. 83 00:06:44,200 --> 00:06:46,020 So that's what the executive session will be. 84 00:06:46,140 --> 00:06:50,220 It will be questions relating to my presentation. 85 00:06:51,240 --> 00:06:54,460 I think that it would be beneficial to have an executive session. 86 00:06:54,640 --> 00:06:56,860 I'm finding the standards to review in front of everyone. 87 00:06:57,020 --> 00:06:58,960 That's not, it's very straightforward law. 88 00:06:59,240 --> 00:07:01,380 So I think it's pretty, that should be in there. 89 00:07:01,460 --> 00:07:03,320 But I think if we're going to have a frank discussion of, 90 00:07:03,480 --> 00:07:05,780 well, is this legal, what if we want to do this? 91 00:07:05,880 --> 00:07:06,540 Would that be legal? 92 00:07:06,660 --> 00:07:08,700 That should be an executive session. 93 00:07:10,080 --> 00:07:11,880 For my legal opinion, I would feel 94 00:07:11,880 --> 00:07:13,800 I don't know how to give legal advice to an existing session. 95 00:07:14,060 --> 00:07:17,640 Obviously, I'm not the decision-maker here, but that's my legal opinion. 96 00:07:18,020 --> 00:07:22,340 It would be more comfortable to give attorney-client privilege information and executive session. 97 00:07:23,000 --> 00:07:27,140 I have questions that I want to ask an executive session. 98 00:07:32,450 --> 00:07:41,530 I'm still discussing what's been suggested by the public that I should reduce myself from an executive session. 99 00:07:41,530 --> 00:07:44,130 And it's my understanding, in my opinion, 100 00:07:44,130 --> 00:07:49,430 that executive session is to get legal advice on the matter. 101 00:07:50,370 --> 00:07:55,930 And if I just believe that I add to consciousness 102 00:07:55,930 --> 00:07:57,970 and that I don't take away from the conversation, 103 00:07:57,970 --> 00:08:04,570 so if our legal team believes that I should not be 104 00:08:04,570 --> 00:08:05,990 the case in myself and that I should be 105 00:08:05,990 --> 00:08:08,450 in the executive session, then I'm going to understand. 106 00:08:08,450 --> 00:08:14,690 in unless there's a I will default to a vote of if my progressive council 107 00:08:14,690 --> 00:08:19,150 disagree with me and and we're not talking about any future votes or anything 108 00:08:19,150 --> 00:08:22,230 like that we're just on the phone and it's an executive session if you guys 109 00:08:22,230 --> 00:08:26,530 don't think the majority of you guys don't believe that I should be in there all 110 00:08:26,530 --> 00:08:31,510 default to your decision but I don't think that that's the the best way for us 111 00:08:31,510 --> 00:08:34,330 Let me just finish up whatever it is. 112 00:08:36,810 --> 00:08:41,050 Well, I know what I have to do when we were discussing sale. 113 00:08:41,550 --> 00:08:42,790 I accuse myself. 114 00:08:43,990 --> 00:08:49,300 And I think as long as, 115 00:08:50,800 --> 00:08:53,320 do you have a valid reason why? 116 00:08:53,560 --> 00:08:56,960 I mean, do we go into executive session and then? 117 00:08:57,960 --> 00:09:00,980 I think if we were talking about an application RCI, 118 00:09:00,980 --> 00:09:05,260 The question of conflict of interest might be a better, it'd be better suited. 119 00:09:06,340 --> 00:09:11,880 But because this is, we're talking about city-wide ordinances and around even talking about, 120 00:09:11,960 --> 00:09:15,520 you know, passing an ordinance tonight, it's more supposed to be like, what do I need 121 00:09:15,520 --> 00:09:18,700 to consider when I'm making this ordinance or making a decision on ordinance? 122 00:09:19,200 --> 00:09:21,200 What are the legal implications of viewing things? 123 00:09:21,760 --> 00:09:27,100 I don't see that there's a financial benefit from the mayor and if he believes that he 124 00:09:27,100 --> 00:09:28,300 does not have a conflict of interest. 125 00:09:29,560 --> 00:09:33,060 That's, from my perspective, legally, I've done my job 126 00:09:33,060 --> 00:09:34,980 and I don't believe that there's a reason legally 127 00:09:34,980 --> 00:09:36,100 he needs to refuse himself. 128 00:09:37,280 --> 00:09:40,820 Mr. Mayor, Council member, if I can't just run into that ad, 129 00:09:42,060 --> 00:09:43,560 that will be going to executive session 130 00:09:43,560 --> 00:09:45,560 over there for legal advice. 131 00:09:46,360 --> 00:09:49,960 And so, there's really not going to be any discussion 132 00:09:49,960 --> 00:09:54,900 or ability for council members to persuade the attorney 133 00:09:54,900 --> 00:09:57,300 we're providing, you know, the legal guidance. 134 00:09:58,020 --> 00:10:00,720 It's really mainly about facts and where we're at. 135 00:10:08,260 --> 00:10:11,220 With the, with the air, air, air, air, air, 136 00:10:11,360 --> 00:10:13,660 it's continuing to be exactly the same here. 137 00:10:16,300 --> 00:10:17,240 Is there any other questions? 138 00:10:17,360 --> 00:10:18,520 Thank you, I'd like to be there. 139 00:10:19,140 --> 00:10:19,420 Okay. 140 00:10:19,980 --> 00:10:21,520 And is there a means for air, 141 00:10:21,800 --> 00:10:23,120 to be any kind of, that's what we can remove? 142 00:10:23,160 --> 00:10:24,040 Yes, there will be. 143 00:10:24,340 --> 00:10:24,540 Okay. 144 00:10:26,440 --> 00:10:26,740 Okay. 145 00:10:27,900 --> 00:10:31,160 And now we're, now we're gonna do a presentation 146 00:10:31,160 --> 00:10:33,780 on what the people overview is. 147 00:10:34,080 --> 00:10:34,400 All right. 148 00:10:35,520 --> 00:10:38,720 So, it's their way in there, which I just tell you next slide or what you can. 149 00:10:39,180 --> 00:10:39,860 Okay, next slide. 150 00:10:41,160 --> 00:10:44,360 All right, so briefly on what we're going to go over here, it's not going to be a very 151 00:10:44,360 --> 00:10:45,020 big lecture. 152 00:10:45,320 --> 00:10:47,920 This is a pretty straightforward issue from a legal perspective. 153 00:10:49,000 --> 00:10:54,060 What I'm going to cover today is your current statutory oriented business or SOV regulations. 154 00:10:54,920 --> 00:11:01,260 Then I'm going to go into how courts review SOV zoning regulations, and then finally I'll 155 00:11:01,260 --> 00:11:03,720 I'll touch on how courts will review a licensee regulation. 156 00:11:04,560 --> 00:11:07,420 And the disclaimer, this is not intended 157 00:11:07,420 --> 00:11:08,860 to cover the proposed ordinances. 158 00:11:08,960 --> 00:11:11,260 I'm not going to give an analysis of what's been proposed 159 00:11:11,260 --> 00:11:14,560 or any other suggestions, because those are proposed 160 00:11:14,560 --> 00:11:16,480 ordinance that's not necessarily what's going to happen. 161 00:11:16,800 --> 00:11:18,960 I'm not going to take questions on hypotheticals, 162 00:11:19,420 --> 00:11:21,180 but I'll just give you basically the overview 163 00:11:21,180 --> 00:11:22,960 of how this all works. 164 00:11:23,700 --> 00:11:24,000 Next slide. 165 00:11:25,640 --> 00:11:27,120 And a little bit wider here. 166 00:11:27,620 --> 00:11:29,160 Why can't we just ban them all right? 167 00:11:29,260 --> 00:11:30,520 Why are we even discussing this? 168 00:11:30,520 --> 00:11:33,400 especially oriented business have first-permanent protections. 169 00:11:33,940 --> 00:11:39,480 That's been upheld by the U.S. Supreme Court numerous times as involving communications 170 00:11:39,480 --> 00:11:40,700 protected by the First Amendment. 171 00:11:41,480 --> 00:11:42,860 So, it's that added later. 172 00:11:43,560 --> 00:11:44,920 Now, it's for existing code. 173 00:11:45,580 --> 00:11:46,820 Where do we allow them currently? 174 00:11:47,140 --> 00:11:53,380 Well, technically, under your land use table, 16-3-303, they are allowed in historic downtown 175 00:11:53,380 --> 00:11:55,100 gaming, zone or district. 176 00:11:55,100 --> 00:12:00,220 like the Gregor Gulf Gaming District and the Terransition Zone on that. 177 00:12:00,960 --> 00:12:06,300 Now that Ls are the special provisions that I'll come around the next slide of the additional distance requirements 178 00:12:06,300 --> 00:12:11,060 and operation requirements that are applied, but right now those are the districts that they're allowed under. 179 00:12:12,500 --> 00:12:18,620 And so now you'll see under this table it says sexually oriented businesses. 180 00:12:19,660 --> 00:12:25,540 Right now, that's defined in your code as either being sexually oriented theaters and dancing establishments 181 00:12:25,540 --> 00:12:28,180 and sexually oriented retail establishments. 182 00:12:28,780 --> 00:12:34,940 That term would include adult coverage, new model studios, adult motels, adult motion pictures, 183 00:12:35,160 --> 00:12:38,880 adult theaters, sexual oriented counter centers, and outdoor updates. 184 00:12:39,520 --> 00:12:47,080 So I know there's some conversation at the last meeting that we were introducing a whole bunch of new types of SUVs. 185 00:12:47,080 --> 00:12:47,700 That's just not true. 186 00:12:48,220 --> 00:12:51,580 They were all lumped under this line in the table. 187 00:12:52,640 --> 00:12:53,820 So that's currently what it is. 188 00:12:53,960 --> 00:12:56,560 All of those are allowed in the historic downtown 189 00:12:56,560 --> 00:12:58,400 being the Gregory Golding and Transition 190 00:12:58,400 --> 00:13:00,360 and Zones subject to the following predictions. 191 00:13:02,720 --> 00:13:06,240 They must have all their activities conducted inside. 192 00:13:06,880 --> 00:13:09,520 They must be able to verify the customer's age 193 00:13:09,520 --> 00:13:10,880 before they enter the establishment 194 00:13:10,880 --> 00:13:13,340 or see anything that's related to the SOE. 195 00:13:14,040 --> 00:13:16,240 The interior of the business cannot be visible 196 00:13:16,240 --> 00:13:17,480 on the top side of the building. 197 00:13:17,480 --> 00:13:22,560 and the business must be located more than 1,000 feet from other SOVs, residential 198 00:13:22,560 --> 00:13:28,020 development, dwelling in zone district schools, public parks, shelter places, or 199 00:13:28,020 --> 00:13:31,580 drive-go centers and places of assembly. So they have to, they can be in those 200 00:13:31,580 --> 00:13:33,920 three zones we talked about if they're complying with those things. 201 00:13:37,280 --> 00:13:37,920 In addition 202 00:13:37,920 --> 00:13:43,720 to the zoning, you also have criminalization provisions on two of them. 17, 203 00:13:43,720 --> 00:13:46,900 17, 7, 20, and 17, 7, 30. 204 00:13:47,380 --> 00:13:49,380 Those criminalized loot and decent behavior 205 00:13:49,380 --> 00:13:51,560 and nudity and commercial establishments. 206 00:13:52,440 --> 00:13:53,620 While there's, this isn't, you know, 207 00:13:53,700 --> 00:13:55,580 it doesn't say sexually oriented business anywhere 208 00:13:55,580 --> 00:13:56,700 on those criminal virgins, 209 00:13:56,740 --> 00:13:58,280 it essentially means that they can't function 210 00:13:58,280 --> 00:13:59,980 in the way that they would normally operate. 211 00:14:00,260 --> 00:14:03,380 So this is another provision that basically bans SOBs. 212 00:14:06,620 --> 00:14:08,420 All right, so what's been proposed 213 00:14:08,420 --> 00:14:12,320 as a general idea is changing your land development code 214 00:14:12,320 --> 00:14:14,240 to allow, where we're gonna allow these things. 215 00:14:14,240 --> 00:14:21,480 and also to allow our licensing program to better control any SOB that opens. 216 00:14:22,180 --> 00:14:24,140 So the first one we'll talk about the zoning regulations. 217 00:14:25,180 --> 00:14:31,700 Courts have established a test to see an SOB zoning ordinance as valid under the Constitution. 218 00:14:32,460 --> 00:14:33,400 And that asks two questions. 219 00:14:33,740 --> 00:14:37,160 One is a narrowly tailored to serve a substantial government interest, 220 00:14:37,620 --> 00:14:40,880 and the other one is whether the ordinance allows for a reasonable, 221 00:14:40,880 --> 00:14:45,460 alternate avenue of communication. Next slide, please. So the 222 00:14:45,460 --> 00:14:49,940 safety of government interest prong is almost always easy to pass because they 223 00:14:49,940 --> 00:14:55,720 know there's been numerous studies that SOBs can cause increasing crime, decrease 224 00:14:55,720 --> 00:14:59,900 in property values and stuff like that. So that's when you'll see 225 00:15:00,000 --> 00:15:16,820 And whenever, whatever, whatever, whatever provision or ordinance we pass, you're going to have a really long whereas recitals, and they're going to say stuff like this, and that's why it's in there to establish that we are serving a substantial government interest in enacting any whatever S.O.V. and zoning regulation we have. 226 00:15:19,130 --> 00:15:30,310 This next one is the more tricky one, and this is leaving open reasonable turn of avenues of communication. So under this, as zoning ordinance, the outright bans any S.O.V. from operating. 227 00:15:30,310 --> 00:15:35,790 would likely be unconstitutional because it does not leave open other avenues for communication. 228 00:15:36,650 --> 00:15:38,430 And this is the current problem with the code. 229 00:15:39,930 --> 00:15:45,670 As written under those distance requirements, there's zero places that an SOE can really operate. 230 00:15:46,190 --> 00:15:49,290 So that's why we're recommending some change. 231 00:15:49,550 --> 00:15:55,210 It doesn't have to be the one that was proposed, but some page probably happened because there's zero places in the city that it could open. 232 00:15:55,650 --> 00:16:02,010 Now, there's been other circuit court cases, not federally, not the 10th, which were in 233 00:16:02,010 --> 00:16:08,130 that have said that, you know, smaller municipalities can look outside of the city and look at, you know, 234 00:16:08,230 --> 00:16:11,130 the county or like, you know, a neighboring community. 235 00:16:11,530 --> 00:16:14,350 And that might be a reasonable alternative avenue of communication. 236 00:16:14,790 --> 00:16:17,530 But, you know, my job is to assess the risk for you guys illegally. 237 00:16:18,270 --> 00:16:22,330 I don't think that we should hold our hat on a district court or a court of appeals case 238 00:16:22,330 --> 00:16:23,590 that's not even from our circuit. 239 00:16:23,590 --> 00:16:26,790 It's one case, it kind of goes against most of what the case law said. 240 00:16:27,350 --> 00:16:32,590 The Supreme Court and other circuits have basically said you need to look within the city for regional avenues. 241 00:16:33,830 --> 00:16:44,330 And that's not to say that, you know, the Supreme Court would see it differently now, but to minimize the risk I would recommend changing your land development code to allow SOBs at least somewhere in the city. 242 00:16:47,010 --> 00:16:53,890 And then for us like other zone regulations that have been allowed in City of 243 00:16:53,890 --> 00:16:58,870 Renton, there is a it was very similar to ours a thousand free for 244 00:16:58,870 --> 00:17:03,410 residential and everything but that ordinance left open 5% of the entire land 245 00:17:04,090 --> 00:17:09,790 municipality open for SOV's about 520 acres. Another one was just the 246 00:17:09,790 --> 00:17:14,630 investment zone only that's that's a pretty common one and then that one that 247 00:17:14,630 --> 00:17:19,870 left open 10% of the city city area for operating and then another one is very 248 00:17:19,870 --> 00:17:23,590 similar. This is requirements but in that case it did leave open ample room 249 00:17:23,590 --> 00:17:24,890 where as ours did not. 250 00:17:27,680 --> 00:17:30,200 The important thing though is when you're looking at 251 00:17:30,200 --> 00:17:34,480 leaving open areas for S to V's to operate the question is not whether you know an 252 00:17:34,480 --> 00:17:40,400 SOV tomorrow could buy property in that area and operate. The Supreme Court and 253 00:17:40,400 --> 00:17:43,740 City of Renton basically said SOV operators have to fend for themselves. They 254 00:17:43,740 --> 00:17:46,680 have to find a visit, they have to find the space. It doesn't mean that we have to find 255 00:17:46,680 --> 00:17:51,400 the space where they can operate. It doesn't mean that that area has to be developed. It 256 00:17:51,400 --> 00:17:56,620 just means that technically, if they wanted to, they could buy that property and, you know, 257 00:17:56,780 --> 00:18:01,400 with the operation requirements, open an SOB. So again, it does not have to be commercially 258 00:18:01,400 --> 00:18:05,040 available space. It just has to be somewhere in the city you allow them. 259 00:18:09,560 --> 00:18:18,720 Now for licensing regulations, licensing regulations, because SOBs deal with freedom of speech, 260 00:18:19,960 --> 00:18:23,840 the licensing regulations can be considered a version of what's called a prior restraint, 261 00:18:24,020 --> 00:18:28,080 which is a regulation the government has that you must get approval before you speak. 262 00:18:28,940 --> 00:18:34,180 Prior to transfer, automatically and constitutionally, you can do them, but there is a heavy presumption 263 00:18:34,180 --> 00:18:35,240 and that they're in constitutional, 264 00:18:35,600 --> 00:18:36,580 so you have to be really careful 265 00:18:36,580 --> 00:18:37,400 with how they're drafted. 266 00:18:40,850 --> 00:18:42,750 Basically, with prongs that we need to look at, 267 00:18:42,890 --> 00:18:44,090 the two things that we need to make sure 268 00:18:44,090 --> 00:18:46,550 for a licensing ordinance is that the ordinance 269 00:18:46,550 --> 00:18:49,570 cannot vest unbridled discretion in the government's 270 00:18:49,570 --> 00:18:52,390 officials, in the government's officials 271 00:18:52,390 --> 00:18:54,950 who are charged with responding to or approving 272 00:18:54,950 --> 00:18:57,130 the licenses. 273 00:18:58,230 --> 00:19:01,670 And two, is that you have to have some kind of time limit 274 00:19:01,670 --> 00:19:04,110 on when the decision must be rendered on the license. 275 00:19:04,110 --> 00:19:04,710 That's 276 00:19:08,160 --> 00:19:14,560 part of allow on limited time so you can't limit so it's it's the one that we had dropped and proposed was 30 days 277 00:19:14,560 --> 00:19:21,780 So based on you know, you have to if you file a complete application the city gets 30 days to decide whether or not it's approved 278 00:19:22,320 --> 00:19:29,540 Because otherwise if there was an a time limitation you could technically just keep delaying it forever for it for bid to speech and curve the speech 279 00:19:29,540 --> 00:19:34,640 And that's courts have held is unconstitutional. So you have to have some type of limit on 280 00:19:34,640 --> 00:19:38,180 on when a license can be approved or denied. 281 00:19:39,320 --> 00:19:42,660 And thank you. Can you explain the vital discussion 282 00:19:42,660 --> 00:19:43,620 a little bit for me? 283 00:19:43,780 --> 00:19:44,460 That's a nice question. 284 00:19:45,280 --> 00:19:45,740 Next slide. 285 00:19:46,340 --> 00:19:47,120 Thank you. 286 00:19:47,480 --> 00:19:48,660 Okay, overly broad discretion. 287 00:19:49,300 --> 00:19:53,960 So basically what this means is that you can place restrictions on how an SOB operates. 288 00:19:54,260 --> 00:19:55,940 You can put hours of operation. 289 00:19:56,200 --> 00:19:57,740 You can put added security. 290 00:19:58,240 --> 00:20:02,220 You can put how, you know, the stages work and all that kind of stuff. 291 00:20:02,220 --> 00:20:06,080 And you can have application requirements that you need to give us your name, you need 292 00:20:06,080 --> 00:20:08,880 to give us a fee, you need to give us, you know, your criminal history. 293 00:20:10,120 --> 00:20:15,040 But where the unbridled discretion is, is that if you have application requirements and 294 00:20:15,040 --> 00:20:19,140 someone meets those application requirements, you can't then say no for some other reason. 295 00:20:19,580 --> 00:20:23,480 Basically, if they've given you a complete application, their criminal history is not in violation 296 00:20:23,480 --> 00:20:26,820 of what you've set forth and all that stuff, you have to approve. 297 00:20:27,200 --> 00:20:28,360 You have to approve it. 298 00:20:28,360 --> 00:20:31,060 There's no other way of you saying, 299 00:20:31,400 --> 00:20:33,400 I don't really like you even though you've done everything 300 00:20:33,400 --> 00:20:34,700 and that we've required of you. 301 00:20:35,040 --> 00:20:37,460 I don't want to give you a particular license you can't 302 00:20:37,460 --> 00:20:37,840 have to do that. 303 00:20:38,600 --> 00:20:39,740 But we can't say, 304 00:20:40,040 --> 00:20:42,160 we don't have a keen task. 305 00:20:42,440 --> 00:20:46,480 We don't want for us to do something we can't do. 306 00:20:46,780 --> 00:20:49,160 So that's probably how it would operate 307 00:20:49,160 --> 00:20:51,520 and that'd be something that we would do in the licensing. 308 00:20:51,800 --> 00:20:55,540 I have it looked into that particular topic of whether 309 00:20:55,540 --> 00:20:57,320 they're like how far we can go with it, 310 00:20:57,400 --> 00:20:59,340 mostly what I've been seeing is hours of operation, 311 00:20:59,620 --> 00:21:00,200 and stuff like that. 312 00:21:01,520 --> 00:21:03,240 But I think it would be, 313 00:21:03,920 --> 00:21:07,560 if you have the regulation that applies to all SOVs, 314 00:21:07,780 --> 00:21:09,060 it'd probably be okay. 315 00:21:09,800 --> 00:21:13,860 It just can't be like, you can't keep moving the goalpost. 316 00:21:14,040 --> 00:21:15,900 If you said these are the restrictions we have, 317 00:21:16,180 --> 00:21:17,500 this is what we want from you, 318 00:21:17,660 --> 00:21:19,680 and they do that, you have to give them the license. 319 00:21:20,240 --> 00:21:21,760 So that's how it operates. 320 00:21:21,940 --> 00:21:22,980 That's the over-progestation. 321 00:21:22,980 --> 00:21:29,060 This may be a little more detailed than we need to get into tonight, but in the theme 322 00:21:29,060 --> 00:21:34,040 of what you were just discussing, if we were to regulate and say, you could have the 323 00:21:34,040 --> 00:21:35,880 keeny tops, the keeny bottles. 324 00:21:37,000 --> 00:21:42,760 But I believe, and I'm not sure if I'm 100% correct on this, the state of Colorado states 325 00:21:43,960 --> 00:21:49,920 that cloth dancing would be a pasty in any jeep street. 326 00:21:52,160 --> 00:21:57,520 I'm sorry, is there any way that sounds like maybe some of the questions might be better 327 00:21:57,520 --> 00:21:59,880 votes for legal advice within my case? 328 00:22:00,180 --> 00:22:04,940 Yeah, so this is the kind of stuff that we can discuss, because you raise, I don't have 329 00:22:04,940 --> 00:22:07,840 any answer for you right now on that, that's something that we can look into. 330 00:22:09,740 --> 00:22:13,160 So, that's the thing that we should take into consideration in executive session, though. 331 00:22:13,160 --> 00:22:13,580 Yeah. 332 00:22:14,040 --> 00:22:22,900 So you mentioned investigating malfeasance on the part of the applicant prior to the application. 333 00:22:23,300 --> 00:22:23,460 Yep. 334 00:22:23,500 --> 00:22:25,120 That's been upheld by courts that year. 335 00:22:25,120 --> 00:22:26,320 You can investigate. 336 00:22:27,280 --> 00:22:27,400 Yeah. 337 00:22:27,960 --> 00:22:33,000 It would probably have to be tailored to something relevant to, you know, the operation of the 338 00:22:33,000 --> 00:22:33,500 SOB. 339 00:22:34,920 --> 00:22:40,340 But there has been, it's been upheld that you can have felony, you know, look, check out felonies. 340 00:22:40,340 --> 00:22:42,540 and also just not even for the applicant but employees, 341 00:22:42,540 --> 00:22:44,600 that you can say that you can't hire someone 342 00:22:45,040 --> 00:22:46,260 who has a felony conviction. 343 00:22:47,620 --> 00:22:50,040 That's been upheld, but you can do that. 344 00:22:52,400 --> 00:22:54,040 At the time limit, as I was discussing, 345 00:22:54,560 --> 00:22:56,460 it's just, you must place a time limit 346 00:22:56,460 --> 00:22:58,460 for which the government has to run your decision 347 00:22:58,460 --> 00:23:00,400 on the application, whether it's to approve or deny. 348 00:23:01,720 --> 00:23:04,480 So it's basically, the one that we propose 349 00:23:04,480 --> 00:23:06,260 and will mostly what I see is 30 days. 350 00:23:08,140 --> 00:23:10,820 So, it just has to have a time limit. 351 00:23:10,820 --> 00:23:17,000 And that's the, as long as you have a period of time where it's in there, I think that 352 00:23:17,000 --> 00:23:18,040 that would probably be acceptable. 353 00:23:19,500 --> 00:23:22,620 And that's all I have through, that's the basic framework. 354 00:23:22,980 --> 00:23:27,700 So I'll definitely entertain questions in executive session about everything we've discussed. 355 00:23:30,140 --> 00:23:30,700 Yeah. 356 00:23:33,740 --> 00:23:34,260 Sure. 357 00:23:35,100 --> 00:23:40,040 And Mr. Mayor, council members, special counsel is in the conference room. 358 00:23:43,040 --> 00:23:50,300 I move to go into executive section 2464024B, Colorado revised 359 00:23:50,300 --> 00:23:55,460 statutes for the discussion of specific legal questions with the city attorney and city 360 00:23:55,460 --> 00:24:03,700 special counsel regarding sexually oriented businesses and the regulation of SOBs in the city's 361 00:24:03,700 --> 00:24:03,760 state a new amendment to reduce 362 00:24:03,760 --> 00:24:05,240 This can be determined to 363 00:24:06,420 --> 00:24:08,040 recondamine the June 13th 364 00:24:08,040 --> 00:24:09,840 meeting at the conclusion of 365 00:24:09,840 --> 00:24:13,640 the completion of the June 13th 366 00:24:13,640 --> 00:24:13,820 ceremony. 367 00:24:15,580 --> 00:24:16,060 Second. 368 00:24:17,140 --> 00:24:18,000 On favor? 369 00:24:18,360 --> 00:24:18,740 On item. 370 00:24:19,840 --> 00:24:20,280 On item. 371 00:24:22,660 --> 00:24:24,180 We are in effective set now. 372 00:24:24,580 --> 00:24:24,880 Thank you. 373 00:24:25,120 --> 00:24:25,380 Our service. 374 00:24:26,900 --> 00:24:30,280 Now that you've already in section, because you have a 375 00:24:30,280 --> 00:24:31,800 known set of sit in in exactly. 376 00:24:32,580 --> 00:24:36,300 And you're not in a regular session, or special attention. 377 00:24:36,520 --> 00:24:37,500 Now, that would just be averse. 378 00:24:37,740 --> 00:24:37,880 Good. 379 00:24:39,920 --> 00:24:44,700 My understanding is, I think, validated to a moment ago when you 380 00:24:44,700 --> 00:24:46,120 and special counsels upstairs. 381 00:24:47,080 --> 00:24:49,280 My understanding for reading the Richard call 382 00:24:49,280 --> 00:24:53,780 was that this meeting was to intern a special counsel 383 00:24:53,780 --> 00:24:57,640 to go forward with review of the SOBs in the American. 384 00:25:00,020 --> 00:25:01,900 Previous meetings, as long as it isn't that. 385 00:25:02,920 --> 00:25:06,540 My understanding is that you're going 386 00:25:06,540 --> 00:25:09,180 to have to discuss selection of an attorney. 387 00:25:10,000 --> 00:25:11,560 No, no, that's not correct. 388 00:25:11,740 --> 00:25:14,400 That's what was represented at the Richard call, 389 00:25:14,400 --> 00:25:27,520 and that's what a number of times have been said in public that you're reviewing, interviewing, counsel to advise the city to this issue. 390 00:25:27,680 --> 00:25:30,560 And that's always said, a constitutional in terms. 391 00:25:30,640 --> 00:25:31,220 Never said that. 392 00:25:32,680 --> 00:25:40,200 But when I understand it, you're going to have to talk to somebody who's expert in crafting zoning ordinances, back isn't what you need. 393 00:25:40,200 --> 00:25:46,940 You need somebody that can look at all of those cases that you just cited in a flash 394 00:25:47,840 --> 00:25:55,140 as to their appropriateness, as to their intended purpose, as to how they've been challenged, 395 00:25:55,960 --> 00:26:02,280 as to what possible around these there are other than the standard records. 396 00:26:03,140 --> 00:26:07,800 I don't know if that's been written or not but that's not. 397 00:26:07,800 --> 00:26:13,720 You're not going to hire a councillor or an interview for a councillor from Dell. 398 00:26:14,840 --> 00:26:16,880 And what special councillor is going to observe? 399 00:26:17,280 --> 00:26:26,240 Given us his legal opinion on these matters as far as what is available for us under our current code, 400 00:26:26,740 --> 00:26:29,720 and what is available to us as far as changing code, etc. 401 00:26:30,180 --> 00:26:31,420 Who is that special councillor? 402 00:26:31,840 --> 00:26:32,580 I'm talking that to you. 403 00:26:33,440 --> 00:26:39,520 And you know my opinion is a top I think it's a disaster to be taking advice and I assure you that 404 00:26:39,520 --> 00:26:44,760 City Council feels like we're not getting the advice that we need we will seek for their advice. 405 00:26:45,320 --> 00:26:52,780 I do want to just mention that in the agenda laid out here it's a discussion of specific legal questions 406 00:26:52,780 --> 00:26:59,360 with the City Attorney and the City Special Council regarding sexually oriented businesses and the regulation of those. 407 00:26:59,360 --> 00:27:04,060 So let's say you mean about hiring anybody, you're doing anything like that, but just seeking legal advice. 408 00:27:08,400 --> 00:27:13,640 Since we have an opportunity, I'm going to have an objection, but there is a clear violation of the section.