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HomeMy WebLinkAboutOrd 2575 - TMC Chapter 5.56 "Adult Entertainment Cabarets"Citv of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES TO ELIMINATE TUKWILA MUNICIPAL CODE CHAPTER 5.10, "ADULT CABARETS"; REPEALING AND AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 5.56, "ADULT ENTERTAINMENT CABARETS," TO CLARIFY AND UPDATE REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City regulates establishments providing adult entertainment through Tukwila Municipal Code Chapters 5.10 and 5.56; and WHEREAS, to avoid confusion, the City has determined it would be more efficient to consolidate adult cabaret and adult entertainment cabaret regulations into one chapter of the Tukwila Municipal Code; and WHEREAS, the City has also determined that the City's goals to protect the general health, safety and welfare of its citizens through the regulation of adult entertainment cabarets are met even without the requirement for adult entertainment managers and entertainers to first obtain a Washington State Unified Business Identifier prior to issuance of a City of Tukwila adult entertainment manager's or entertainer's license; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. The following ordinances are hereby repealed, thereby eliminating the Tukwila Municipal Code Chapter entitled, "Adult Cabarets," as codified at Tukwila Municipal Code (TMC) Chapter 5.10, in its entirety. Ordinance No. 1778 §2, as codified in TMC Chapter 5.10. Ordinance Nos. 1840 and 1911. Ordinance No. 2355 §7, 8, 9, 10 and 11, as codified at TMC Sections 5.10.020, 5.10.030, 5.10.050, 5.10.060 and 5.10.090. Ordinance No. 2381 §8, as codified at TMC Section 5.10.100. W: Word Processing \Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 1 of 12 Section 2. Repealer. Ordinance Nos. 1601, 1651 and 1839, as codified in TMC Chapter 5.56, are hereby repealed. Section 3. TMC Chapter 5.56.010 Amended. Ordinance Nos. 1747 §1 (part) and 1490 §2 (part), as currently codified at TMC Section 5.56.010, are hereby amended to read as follows: 5.56.010 Purpose A. This chapter is intended to protect the general health, safety and welfare of the citizenry of the City through the regulation of adult entertainment cabarets. The regulations set forth herein are intended to prevent dangerous and unlawful conduct, and to prevent health and safety problems, in and around adult entertainment cabarets. This regulation is supported specifically by Tukwila's own experience with adult entertainment cabarets, and generally by the experience of other cities with similar establishments. B. This chapter is intended to deter the serious and repeated violations of criminal law that regularly occur in adult entertainment cabarets. The City Council considers these crimes to be serious, and their prevention and elimination to be of paramount importance to the health, safety and welfare of the City. Section 4. TMC Chapter 5.56.020 Amended. Ordinance Nos. 2355 §32; 1910 §1; 1747 §1 (part) (identified as TMC Section 5.56.030, "Definitions," in that ordinance); 1604 §1; and 1490 §2 (part), all as currently codified at TMC Section 5.56.020, are hereby amended to read as follows: 5.56.020 Definitions For the purposes of this chapter, the words set out in this section shall have the following meanings: A. "Adult entertainment" means: 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 2 of 12 2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: (a) Human genitals in a state of sexual stimulation or arousal; (b) Acts of human masturbation, sexual intercourse or sodomy; (c) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. B. "Adult entertainment cabaret" means any premises open to the public in which there is at any time an exhibition or dance constituting "adult entertainment" as described in TMC Section 5.56.020.A, provided for the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public; provided, that "adult entertainment cabaret" does not include any tavern or other business that maintains a liquor license. C. "Employee" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of an adult entertainment cabaret. D. "Entertainer" means any person who performs any entertainment, exhibition or dance of any type within an adult entertainment cabaret, whether or not such person or anyone else charges or accepts a fee for such entertainment, exhibition, or dance. E. "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance. F. "Finance Director" means the City Finance Director or his/her designee who is designated by the Mayor as licensing official under this chapter. G. "Manager" means any person licensed as a manager under this chapter. H. "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult cabaret. W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 3 of 12 I. "Operator" means all persons who own, operate, direct, oversee, conduct, maintain, or effectively exert management control or authority over an adult entertainment cabaret or its affairs, without regard to whether such person(s) owns the premises in which the adult entertainment cabaret does business. An Operator "effectively exerts management control or authority" when he or she actually does, or is in a position to, participate in the management, direction or oversight of an adult entertainment cabaret or its affairs, whether or not such person's name appears on any public record filed with any government agency in connection with an adult entertainment cabaret or any parent company or affiliate. An Operator's "parent company or affiliate" means any other person which owns 50% or more of any class of an operator's stock, or which effectively exerts management control or authority over an operator. J. "Performance area" means an area no larger than the area beginning six feet away from, and running parallel to, the front edge of a stage on which adult entertainment is permitted to occur, and which extends away from the stage no deeper than the depth of that stage. K. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. L. "Sexual conduct" means acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. Any penetration of the vagina or anus, however slight, by an object; or 3. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. Section 5. TMC Chapter 5.56.040 Amended. Ordinance Nos. 2496 §27; 2355 §34; 1747 §1 (part) (identified as TMC Section 5.56.050 in that ordinance); and 1490 §2 (part), all as currently codified at TMC Section 5.56.040, are hereby amended to read as follows: W: Word Processing \Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 4 of 12 5.56.040 Manager's licenses and entertainer's licenses A. Required. No person shall work as a manager at an adult entertainment cabaret in the City without a current manager's license under this chapter. No person shall work as an entertainer at an adult entertainment cabaret in the City of Tukwila without a current entertainer's license under this chapter. No person shall work at an adult entertainment cabaret in the City of Tukwila unless the adult entertainment cabaret license is valid and current. B. Expiration. The license year for a manager's license or an entertainer's license shall be from January 1 to December 31 of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December 31 of each year. C. Fees. The license fee for a manager's license or entertainer's license shall be in accordance with the fee schedule adopted by resolution of the City Council. The license fee for each such license is payable for a full calendar year only and is not refundable. D. Assignments. A manager's license or entertainer's license under this chapter shall not be assigned or transferred. E. Minimum age. No person under 18 years of age may obtain a manager's license or entertainer's license under this chapter. F. Renewal of application. The license holder shall submit a new application for a license annually. The application shall be submitted with a fee in accordance with the fee schedule adopted by resolution of the City Council. Section 6. TMC Chapter 5.56.050 Amended, Ordinance Nos. 2355 §35; 1747 §1 (part) (identified as TMC Section 5.56.060 in that ordinance); 1604 §2; and 1490 §2 (part), all as currently codified at TMC Section 5.56.050, are hereby amended to read as follows: 5.56.050 License applications A. Adult Entertainment Cabaret License - Any application for an adult entertainment cabaret license or renewal thereof shall be submitted in the true name of the operator of the adult entertainment cabaret to which the application pertains. The true operator or his/her agent, under penalty of perjury, shall sign and notarize that all of the operators as defined in TMC Section 5.56.020 are listed and all of the information provided is true and correct. Any change in ownership in the adult entertainment cabaret must be reported to the Finance Director within 20 days of such change(s). Each such application shall be submitted on a form supplied by the Finance Director. The form shall require the following information: W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 5 of 12 1. If the applicant is an individual or partnership, the names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of all operator(s). If the applicant is a partnership, all such information must be provided for all general partners; 2. If the applicant is a corporation, the names, addresses, telephone numbers, and social security numbers of all operators, and of all corporate officers and directors. The same information shall be required from each parent company or affiliate; 3. The name, address, and telephone number of the adult entertainment cabaret; 4. The name, address and telephone number of the owner of the property on which the adult entertainment cabaret is located; 5. The names, addresses, and telephone numbers of all employees of the adult entertainment cabaret; 6. A statement detailing whether the applicant or any operator, partner, corporate officer, director, or shareholder of 50% or more of any class of an operator's stock, holds any other licenses under this chapter or any similar adult entertainment or sexually oriented business ordinance, including motion picture theaters and panorams from the City or another city, county, or state, and if so, the names and addresses of each other licensed business and the jurisdiction(s) in which such businesses are located; and 7. A description of the sexually oriented adult entertainment business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license or adult entertainment license revoked or suspended, the reason therefore, and the activity or occupation of the applicant subsequent to such action, suspension or revocation. B. Manager's License or Entertainer's License 1. Any application for a manager's license or entertainer's license, or any renewal thereof, shall be signed by the applicant and notarized to be true under penalty of perjury. Each such application shall be submitted on a form supplied by the Finance Director. The form shall require a statement of the applicant's name, home address, home telephone number, date and place of birth, and the name, address and phone number of the adult entertainment cabaret or cabarets at which the applicant will work, and any stage names or nicknames used in entertaining. The form shall also require the applicant to disclose all prior criminal convictions, including the crime(s) convicted of, place, and the approximate date of each such conviction. 2. At the time of application or renewal, the applicant shall present picture identification which shall include (1) a valid motor vehicle operator's license, issued by the state of Washington, bearing the applicant's photograph and date of birth; or (2) a valid Washington state -issued identification card bearing the applicant's photograph and date of birth. At the time of application or renewal the applicant shall be photographed W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 6 of 12 by the Tukwila Police Department for the Finance Director's records and the Police Department's records. C. Duty to Supplement Application - In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate or incomplete, including but not limited to a change in the applicant's name, address, telephone number, or stage name, or substantial changes to an applicant's appearance, including but not limited to a change in hair style and color, or facial or other features including tattoos, an applicant or license holder shall appear before the Finance Director within 20 days and provide current information, including, when applicable, being photographed by the Tukwila Police Department to accurately reflect any change in looks when compared to the most recent photograph available under TMC Section 5.56.050.B. Section 7. TMC Chapter 5.56.060 Amended. Ordinance Nos. 2496 §28; 2355 §36; 1747 §1 (part) (identified as TMC Section 5.56.070 in that ordinance); and 1490 §2 (part), all as currently codified at TMC Section 5.56.060, are hereby amended to read as follows: 5.56.060 Issuance of license and renewal of application A. Upon receipt of any complete application for a license, the Finance Director shall issue a temporary license, pending investigation and disposition of the application or completion of the term of any license suspension issued pursuant to this chapter. The temporary license shall expire upon issuance of a license or renewal thereof or notice of non -issuance or 30 days from the date of issue, whichever is sooner. The holder of a temporary license is subject to all requirements, standards and penalty provisions of this chapter. B. After issuance of a temporary license, the Finance Director shall further refer the application to the Police Department, which shall investigate the truth of the statements in the application and shall investigate the applicant's compliance with the standards of this chapter. The applicant's information shall be submitted to the Washington State Patrol Identification and Criminal History Section (WASIS). Any Washington State criminal history conviction records on the applicant shall be provided to and reviewed by the City of Tukwila Police Department. The applicant shall submit an additional fee for the WATCH (Washington Access to Criminal History) background check in accordance with the fee schedule adopted by resolution of the City Council. C. After an investigation, but prior to the expiration of the temporary license, the Finance Director shall issue a license if the Finance Director finds: 1. That the applicant complies with all applicable requirements and standards of this chapter; and 2. That the applicant has not made any false, misleading or fraudulent statement of fact in the application for a license, or in any report or record required to be filed with the Finance Director. W: Word Processing \Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 7 of 12 In the event the applicant has not met the enumerated requirements after the required investigations, the Finance Director shall issue a notice of non -issuance of the license. Notice of non -issuance shall specify the reasons therefor. D. Upon receipt of any application for renewal of a license under this chapter, the Finance Director shall issue the renewal unless the Finance Director has information which indicates the applicant would not qualify for the initial issuance of a license under TMC Section 5.56.060.C. As necessary, the Finance Director may issue temporary licenses after receipt of a renewal application. In the event the applicant has not met the enumerated requirements after the required investigation, the Finance Director shall issue the renewal or notice of non -renewal of the application. Notice of non -renewal of application shall specify the reasons therefor. E. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation of a license under this chapter shall be sent to the applicant or license holder by registered mail at the address provided on the license application. Notice shall be deemed received by the applicant or license holder 3 business days after mailing. F. Each adult entertainment cabaret shall maintain on the premises of the adult entertainment cabaret and retain for a period of two years the names, addresses, home telephone numbers, social security numbers, and ages of each person employed or otherwise permitted to appear or perform on the premises as an entertainer, including independent contractors and employees. This information shall be available for inspection by the Finance Director or the Tukwila Police Department during the adult entertainment cabaret's regular business hours. Section 8. TMC Chapter 5.56.080 Amended. Ordinance Nos. 1747 §1 (part) (identified as TMC Section 5.56.090 in that ordinance); 1604 §3 (identified as TMC Section 5.56.070, "Standards of Conduct," in that ordinance); and 1490 §2 (part) (identified as TMC Section 5.56.070, "Standards of Conduct," in that ordinance), all as currently codified at TMC Section 5.56.080, are hereby amended to read as follows: 5.56.080 Premises configuration requirements Every adult entertainment cabaret shall be arranged in such a manner that: 1. Other than as set forth in TMC Section 5.56.080(2) below, adult entertainment shall occur only on a stage, at least 18 inches above the immediate floor level and at least six feet removed from the nearest patron. No members of the public shall be permitted on a stage or within six feet of a stage, while adult entertainment is in progress. W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 8 of 12 2. One-on-one entertainment, or other entertainment, occurring between an entertainer and a patron shall occur only in a designated performance area and at least four feet away from any patron. The perimeter of each performance area must, at all times, be clearly and completely delineated by a solid strip at least three inches wide in a contrasting color to the floor. Any seating in a performance area shall be arranged to face the stage and shall be permanently affixed to the floor. A strip at least two inches wide, and at least four feet long, in a contrasting color to the floor, shall, at all times, be affixed to the floor beginning at a point immediately under the center of the front edge of any seating in a performance area. 3. At least two licensed managers shall be on the premises of an adult entertainment cabaret at all times that the adult entertainment cabaret is open to the public, and shall be clearly identified at all times by means of a nameplate no less than 3/4 -inch high and three inches long which reads "ON DUTY MANAGER." Such nameplate shall be conspicuously affixed to the manager's clothing and clearly visible at all times. The names and licenses of the managers on duty shall be prominently posted and illuminated in an area open to the public during such managers' shifts. The managers shall be responsible for verifying that any person who provides adult en- tertainment within the premises possesses a current and valid entertainer's license. At least one licensed manager shall have at all times a clear, continuous, and unobstructed view of all stages on which adult entertainment is permitted to occur, and of all performance areas. While on duty, no manager shall provide entertainment or adult entertainment. 4. No adult entertainment shall be visible at any time from outside an adult entertainment cabaret. 5. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times to a person of ordinary eyesight. 6. No interior walls shall be allowed, other than to segregate restrooms, employee dressing rooms, manager's office, or other areas reasonably necessary to the business operation of the adult entertainment cabaret. No member of the public shall be allowed in any such segregated area, other than restrooms. 7. There shall be posted and conspicuously displayed in the common areas of each adult entertainment cabaret a sign, at least three feet long and two feet high, listing any and all entertainment provided on the premises. Such list shall be printed in letters of sufficient size so that the list is clearly legible by persons of ordinary eyesight from any location where entertainment is provided. Such list shall further indicate the specific fee or charge in dollar amounts for each form of entertainment listed. 8. There shall be posted in each performance area a well illuminated and conspicuously displayed sign, at least three feet long and two feet high, listing the following: W: Word Processing \Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 9 of 12 "It is a crime for entertainers to: 1. Expose their breasts below the top of the areola, any portion of the pubic hair, buttocks, genitals or vulva and/or anus, except upon a stage; or 2. Touch, fondle, or caress a patron or other person for the purpose of sexual arousal; and It is a crime for patrons or other persons to: 1. Touch, fondle, or caress any entertainer or other employee for the purpose of sexual arousal; and 2. Give directly to any entertainer, or for any entertainer to directly accept, any money from a member of the public, while on this premises." Such list shall be printed in letters of sufficient size so that the list is clearly legible by persons of ordinary eyesight from any location where entertainment is provided. Section 9. TMC Chapter 5.56.090 Amended. Ordinance Nos. 2355 §37; 1747 §1 (part) (identified as TMC Section 5.56.100 in that ordinance); and 1490 §2 (part) (identified as TMC Section 5.56.080 in that ordinance), all as currently codified at TMC Section 5.56.090, are hereby amended to read as follows: 5.56.090 Revocation or suspension of licenses A. The Finance Director may revoke any license under this chapter or may suspend any such license for a period of time not to exceed one year where one or more of the following conditions exist: 1. The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Finance Director; or 2. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of this chapter; or 3. The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. B. Upon determination that grounds for revocation or suspension of a license exist, the Finance Director shall send the license holder a notice of revocation or suspension by first class mail, postage prepaid. Such notice shall be effective upon the expiration of the ten-day appeal period set forth in TMC Section 5.56.100.A, unless a timely notice of appeal is filed as specified therein. Section 10. TMC Chapter 5.56.100 Amended. Ordinance Nos. 2496 §29; 2381 §9; 1747 §1 (part) (identified as TMC Section 5.56.110 in that ordinance); and 1490 §2 (part) (identified as TMC Section 5.56.090 in that ordinance), all as currently codified at TMC Section 5.56.100, are hereby amended to read as follows: W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 10 of 12 5.56.100 Appeals A. Upon notice of non -issuance, revocation or suspension of any license under this chapter, or imposition of any civil penalty under TMC Section 5.56.110, the applicant or license holder may appeal by filing a written notice of appeal with the City Clerk within 10 calendar days following receipt of the Notice of Non -issuance, Denial, Suspension, Revocation, or Imposition of Penalties. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision to suspend, deny or revoke was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non -issuance or revocation until the City's Hearing Examiner or other hearing body issues a written decision on the appeal. A warning notice to a manager, under TMC Section 5.56.110.A.1, shall not constitute the imposition of a penalty that is appealable under this section. B. Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be conducted no later than 30 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the applicant or licensee. C. The hearing shall be de novo. The decision of the City's Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director's decision. D. Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision, which shall set forth the reasons therefor. Section 11. TMC Chapter 5.56.110 Amended. Ordinance Nos. 1747 §1 (part) (identified as TMC Section 5.56.120 in that ordinance); and 1490 §2 (part) (identified as TMC Section 5.56.100 in that ordinance), both as currently codified at TMC Section 5.56.110, subparagraph A.2., are hereby amended to read as follows: (5.56.110 Violation) A. 2. During any time that a manager is on duty, the second violation committed within twelve consecutive months of the first, by any employee or agent of the adult entertainment cabaret, including but not limited to entertainers and managers, shall result in a civil penalty of a mandatory $500 fine and a mandatory 60 -day suspension of that manager's license. Notice of this violation shall be sent or delivered to the operator(s). W: Word Processing \Ordinances \AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 11 of 12 Section 12. TMC Chapter 5.56.120 Amended. Ordinance Nos. 1747 §1 (part) (identified as TMC Section 5.56.130 in that ordinance); and 1490 §2 (part) (identified as TMC Section 5.56.110 in that ordinance), both as currently codified at TMC Section 5.56.120, are hereby amended to read as follows: 5.56.120 Civil remedies — Abatement The violation of or failure to comply with any of the provisions of this chapter is unlawful and shall constitute a public nuisance. The City may seek legal or equitable relief to enjoin and/or abate any act or practice which constitutes or will constitute a violation of any regulation herein adopted. Section 13. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 15. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this ri 114 day of , 2018. ATTEST/AUTHENTICATED: Chris y O'Fla erty, MMC, City CI APPROVED AS TO FORM BY: vf Rachel B. Turpin, City Attorney Al Ih ayor Filed with the City Clerk: Passed by the City Council: 6 - 1)-/ Published: 6 --)C Effective Date: Ordinance Number: c) W: Word Processing\Ordinances\AE license regulations updates -revised 5-7-18.doc AMS:bjs Page 12 of 12 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2571-2575. On May 7, 2018 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2571: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2486 AND 2365, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.26; REPEALING ORDINANCE NO. 2521 §4, 5 AND 6; REENACTING TMC CHAPTER 16.26, "FIRE IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING AND ADMINISTERING FIRE IMPACT FEES TO BETTER ADDRESS THE NATURE OF DEVELOPMENT ACTIVITY IN TUKWILA; ADDING REGULATIONS RELATING TO ANNUAL FIRE IMPACT FEE UPDATES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2572: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2485 AND 2366, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 16.28; REPEALING ORDINANCE NO. 2521 §7, 8 AND 9; REENACTING TMC CHAPTER 16.28, "PARKS IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING AND ADMINISTERING PARKS IMPACT FEES TO BETTER ADDRESS THE NATURE OF DEVELOPMENT ACTIVITY IN TUKWILA; ADDING REGULATIONS RELATING TO ANNUAL PARKS IMPACT FEE UPDATES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2573: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2430 TO ADOPT AN AMENDED 2014 PARKS, RECREATION AND OPEN SPACE PLAN FOR THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2574: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2559 RELATING TO THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS TO FINANCE AND/OR REIMBURSE COSTS RELATED TO THE ACQUISITION OF LAND AND THE CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF MAINTENANCE AND OTHER CITY FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2575: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES TO ELIMINATE TUKWILA MUNICIPAL CODE CHAPTER 5.10, "ADULT CABARETS"; REPEALING AND AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 5.56, "ADULT ENTERTAINMENT CABARETS," TO CLARIFY AND UPDATE REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: May 10, 2018