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ADULT ENTERTAINMENT ORDINANCE ZONING CODE AMENDMENT
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. / £
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING
REGULATIONS FOR ADULT ENTERTAINMENT USES, AMENDING SECTION
18.06.825 OF THE TUKWILA MUNICIPAL CODE TO DEFINE "ADULT
ENTERTAINMENT ESTABLISHMENTS ", ADDING A NEW SUBSECTION
18.42.020(7) TO THE TUKWILA MUNICIPAL CODE TO ALLOW ADULT
ENTERTAINMENT FACILITIES TO LOCATE IN THE M -2 (HEAVY INDUSTRY)
DISTRICT, AMENDING SECTION 18.30.020(33) RELATING TO THEATERS IN
C -2 ZONING DISTRICTS, AND ADDING A NEW SECTION 18.70.110 TO THE
TUKWILA MUNICIPAL CODE REGARDING NONCONFORMING ADULT
ENTERTAINMENT ESTABLISHMENTS.
WHEREAS, the City of Tukwila Planning Commission conducted several public
hearings at which it heard testimony, reviewed exhibits, and deliberated on
the issue of appropriate land use regulations governing adult entertainment
establishments in the City of Tukwila, and
WHEREAS, as a result of said deliberation, the Planning Commission adopted
findings and conclusions and formulated a recommendation to the City Council,
and
WHEREAS, having held further public hearings on the matter and having
considered the record before the Planning Commission and the recommendations
of that body, the City Council concurred with those recommendations and
adopted findings and conclusions, now, therefore,
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THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Adult Entertainment Establishments Defined. Section 18.06.825
of the Tukwila Municipal Code is hereby amended to read as follows:
18.06.825 Adult Entertainment Establishments.
A. "Adult entertainment establishments" means adult motion picture
theaters, adult drive -in theaters, adult bookstores, adult
cabarets, adult video stores, adult retail stores, adult massage
parlors, adult sauna parlors or adult bathhouses, which are
defined as follows:
1. "Adult bathhouse" is a commercial bathhouse which excludes
any person by virtue of age from all or any portion of the
premises.
2. "Adult bookstore" is a retail establishment in which:
a. Ten percent or more of the "stock in trade" consists
of books, magazines, posters, pictures, periodicals or
other printed materials distinguished or characterized
by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or
"specified anatomical areas "; and /or
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b. any person is excluded by virtue of age from all or
part of the premises generally held open to the public
where such material is displayed or sold.
3. "Adult cabaret" is a commercial establishment which
presents go -go dancers, strippers, male or female
impersonators, or similar types of entertainment and which
excludes any person by virtue of age from all or any
portion of the premises.
4. "Adult massage parlor" is a commercial establishment in
which massage or other touching of the human body is
provided for a fee and which excludes any person by virtue
of age from all or any portion of the premises in which
such service is provided.
5. "Adult motion picture theater" is a building, enclosure, or
portion thereof, used for presenting material distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons
therein.
6. "Adult retail store" is a retail establishment in which:
a. Ten percent or more of the "stock in trade" consists
of items, products or equipment distinguished or
characterized by an emphasis on or simulation of
"specified sexual activities" or "specified anatomical
areas "; and /or
b. any person is excluded by virtue of age from all or
part of the premises generally held open to the public
where such items, products or equipment are displayed
or sold.
7. "Adult sauna parlor" is a commercial sauna establishment
which excludes any person by virtue of age from all or any
portion of the premises.
8. "Adult video store" is a retail establishment in which:
a. Ten percent or more of the "stock in trade" consists
of prerecorded video tapes, disks, or similar material
distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas "; and /or
b. any person is excluded by virtue of age from all or
any part of the premises generally held open to the
public where such prerecorded video tapes, disks or
similar material are displayed or sold.
B. "Specified anatomical areas" means:
1. Less than completely and /or opaquely covered human
genitals, pubic region, buttock, or female breast below a
point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state even if
completely or opaquely covered.
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C. "Specified sexual activities" means:
1. Acts of human masturbation, sexual intercourse or sodomy; or
2. Fondling or other erotic touching of human genitals, pubic
region, buttock or female breast; or
3. Human genitals in a state of sexual stimulation or arousal.
D. "Stock in trade" means:
1. The dollar value of all products, equipment, books,
magazines, posters, pictures, periodicals, prerecorded
video tapes, discs, or similar material readily available
for purchase, rental, viewing or use by patrons of the
establishment, excluding material located in any store room
or other portion of the premises not regularly open to
patrons; or
2. The number of titles of all products, equipment, books,
magazines, posters, pictures, periodicals, other printed
materials, prerecorded video tapes, discs, or similar
material readily available for purchase, rental, viewing or
use by patrons of the establishment, excluding material
located in any store room or other portion of the premises
not regularly open to patrons.
Section 2. Adult Entertainment Establishments allowed in M -2 District. A
new subsection 18.42.020(7) is hereby added to the Tukwila Municipal Code to
read as follows:
(7) Adult entertainment establishments, subject to the following
location restrictions:
A. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or
zones, whether such uses, areas or zones are located within or
outside the City limits;
1. In or within 1,000 feet of any R -1, R -2, R -3, R -4, or RMH
zone district or any other residentially zoned property;
2. In or within one -half mile of:
a. public or private school with curricula equivalent to
elementary, junior or senior high schools, or any
facility owned or operated by such schools; and
b. care centers, preschools, nursery schools or other
child care facilities.
3. In or within 1,000 feet of:
a. public park, trail, or public recreational facility; or
b. church, temple, synagogue or chapel; or
c. public library.
B. The distances specified in subsection A shall be measured by
following a straight line from the nearest point of the property
3
parcel upon which the proposed use is to be located, to the
nearest point of the parcel of property or land use district
boundary line from which the proposed land use is to be
separated.
C. No adult entertainment establishment shall be allowed to locate
within 1,000 feet of an existing adult entertainment
establishment. The distance specified in this section shall be
measured by following a straight line between the nearest points
of public entry into each establishment.
Section 3. Theaters in C -2 Districts. Section 18.30.020(33) of the
Tukwila Municipal Code is hereby amended to read as follows:
(33) Theaters, except those theaters which constitute "adult
entertainment establishments" as defined by this Code.
Section 4. Nonconforming Uses. A new section 18.70.110 is hereby added
to the Tukwila Municipal Code to read as follows:
18.70.110 Nonconforming Adult Entertainment Establishments.
Notwithstanding any other provision of this Chapter, any adult
entertainment use or establishment which is rendered nonconforming by
the provisions of Ordinance /44.4 of the City shall be terminated or
discontinued within 90 days from the effective date of that ordinance.
Section 5. Severability. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 6. Effective Date. This ordinance shall take effect and be in
full force five (5) days after publication of the attached summary which is
hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this btli day of , 1988.
ATTEST /AUTHENTICATED:
4
LERK, INE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CIT ATTO
By
FILED WITH THE CITY CLERK: 5
PASSED BY THE CITY COUNCIL: 6- 4-1:47.
PUBLISHED: 6- I•Z- Rf
EFFECTIVE DATE: 46- /i-ff
ORDINANCE NO. /414S
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Tukwila passed Ordinance No.
Section 1. Amends Section 18.06.035 of the Tukwila Municipal Code to
define "Adult Entertainment Establishments ".
Section 2. Adds a new subsection 18.42.020(7) to the Tukwila Municipal
Code to allow adult entertainment establishments to locate in M -2 (heavy
industry) districts subject to certain restrictions.
Section 3. Amends Section 18.30.020(33) of the Tukwila Municipal Code
relating to theaters allowed in C -2 zoning districts.
Section 4. Adds a new section 18.70.110 to the Tukwila Municipal Code
regarding nonconforming adult entertainment establishments.
Section 5. Provides for severability.
Section 6. Establishes an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
p s Wi e/ b u11 Dews 4tne /4.
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SUMMARY OF ORDINANCE NO. /446
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING
REGULATIONS FOR ADULT ENTERTAINMENT USES, AMENDING SECTION
18.06.825 OF THE TUKWILA MUNICIPAL CODE TO DEFINE "ADULT
ENTERTAINMENT ESTABLISHMENTS ", ADDING A NEW SUBSECTION
18.42.020(7) TO THE TUKWILA MUNICIPAL CODE TO ALLOW ADULT
ENTERTAINMENT FACILITIES TO LOCATE IN THE M -2 (HEAVY INDUSTRY)
DISTRICT, AMENDING SECTION 18.30.020(33) RELATING TO THEATERS IN
C -2 ZONING DISTRICTS, AND ADDING A NEW SECTION 18.70.110 TO THE
TUKWILA MUNICIPAL CODE REGARDING NONCONFORMING ADULT
ENTERTAINMENT ESTABLISHMENTS.
Approved by the City Council at their meeting of
, 1988.
, 1988, the City Council of the City of
which provides as follows:
INE ANDERSON, CITY CLERK
HEARING DATE: March 24, 1988
FILE NUMBER: 88 -2 -CA: Adult Entertainment Ordinance
APPLICANT: City of Tukwila
REQUEST: Establishing regulations for Adult Entertainment Uses
ATTACHMENTS: (A) Existing Regulations for Adult Motion Picture (blue)
(B) Excerpts from the Attorney General's Commission
on Pornography, Final Report, July 1986 (white)
(C) License Requirements for Massage Parlors
and Cabarets (pink)
(D) Proposed Adult Entertainment Use Ordinance (green)
(E) Tukwila Zoning Map (white)
(F) Surrounding Area Zoning for Adult Entertainment
Uses (blue)
STAFF REPORT to the
Planning Commission
BACKGROUND
FINDINGS
STATE AND LOCAL LAWS REGULATING ADULT ENTERTAINMENT USES
88 -2 -CA: Adult Entertainment Ordinance
Page 2
The recent controversy over adult entertainment in Tukwila and other Puget Sound
cities has served to remind the City of its own regulatory provisions relating
to adult uses. As indicated in the Attorney General's Commission report on
pornography, the form of adult entertainment has a variety of impacts upon the
community, one of which is land use. Despite this uniqueness, however, current
City zoning regulations do little to differentiate adult uses from general busi-
ness activities. The code only (Attachment A) regulates adult motion pictures,
which are permitted in C -2, C -P, C -M, M -1 and M -2 zones in the City.
This report is to generally review the effects of adult uses on surrounding
businesses, residential neighborhoods and the community, and to develop a more
comprehensive approach for regulating adult uses in Tukwila.
To some people, adult entertainment is personally distasteful and disquieting.
Attempts to regulate adult uses based purely on these motives, however, have
been struck down by the courts. It is NOT what matters of taste or personal
choice, but rather the land use impacts associated with adult uses. The
proposal is to permit adult entertainment uses where there is little or no
adverse impact to the surrounding businesses and residences.
State Law
While federal and state laws address adult publications, films and personal
conduct, they do not regulate where adult entertainment businesses may locate.
This is a matter to be determined by local government.
State law seeks to protect minors (persons under the age of 18) from sexually
explicit films and publications. Such materials are defined as "being patently
offensive, affronting contemporary community standards, appealing to the pruri-
ent interests of minors in sex, and are utterly without redeeming social value"
(RCW 9.68.050). Such books and films are required to be labelled "Adults Only ",
barring distribution to minors.
Nude entertainment - such as topless dancing and strip tease - is permitted by
state law, although attendance by minors is prohibited. Such activities become
violations of the Washington Criminal Code (RCW, Title 9A) if they evolve into
acts defined as prostitution, indecent liberties, or public indecency.
Massage parlors are regulated under state law (RCW 18.108) inasmuch as a state
business license is required for the parlor itself and an operator's license is
required for each of the massagists employed on the premises. Massage parlors
are "adult" uses only insofar as minors are prohibited from working in such
establishments.
STAFF REPORT to the
Planning Commission
•
Local Law and Zoning
The Zoning Code does not differentiate adult uses from other similar business
establishments except for adult motion picture theaters. For example, an adult
bookstore is simply a bookstore permitted to be located in zones which allow
bookstores. This same approach applies to other forms of adult uses. As a
result, adult uses may be located in the following use districts according to
existing zoning provisions:
TYPE OF ADULT USE ZONES* WHERE PERMITTED
Bathhouse C -1, C -2, C -P, C -M, M -1, M -2
Bookstore C -1, C -2, C -P, C -M, M -1, M -2
Cabaret C -2, C -P, C -M, M -1, M -2
Massage Parlor C -2, C -P, C -M, M -1, M -2
Motion Picture Theater C -2, C -P, C -M, M -1, M -2
Retail Store C -1, C -2, C -P, C -M, M -1, M -2
Sauna Parlor C -1, C -2, C -P, C -M, M -1, M -2
Video Store C -1, C -2, C -P, C -M, M -1, M -2
* C -1 - Community Retail Business C -M - Industrial Park
C -2 - Regional Retail Business M -1 - Light Industry
C -P - Planned Business Center M -2 - Heavy Industry
The Tukwila Municipal Code maintains special licensing requirements and proce-
dures for Cabarets (TMC 5.08) and Massage Parlors (TMC 5.40)(see Attachment C).
The licensing requirements do not regulate the location of the business, but how
the business should be operated.
LAND USE IMPACTS OF ADULT ENTERTAINMENT USES
k L.i
88 -2 -CA: Adult Entertainment Ordinance
Page 3
Incidence of Crime
Although much of the data and experience with adult entertainment uses is taken
from other jurisdictions, their implications for planning for the City of
Tukwila are both relevant and illuminating.
Between 1969 and 1972, the number of adult theaters in the City of Detroit
increased from 2 to 18 and the number of adult bookstores rose from 2 to 21.
During the same period, the incidence of crime in and around these establish-
ments increased dramatically, although hard data on the actual numbers is hidden
in gross criminal statistics. The high incidence of crime together with the
blighting or skid-row effect of proliferating adult businesses led Detroit in
1972 to adopt stringent locational regulations for adult uses.
Similar to Detroit, the City of Cleveland experienced a rapid increase of adult
uses during the early 1970's. Unlike Detroit, Cleveland kept detailed crime
statistics by census tract and by location of adult businesses. In 1976, 26
adult businesses (8 theaters and 18 bookstores) were located in Cleveland's 204
census tracts. The same year, the two census tracts having the highest rates of
crime had a total of 8 pornography outlets. Cleveland Police statistics showed
STAFF REPORT to the
fi
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88 -2 -CA: Adult Entertainment Ordinance
Planning Commission Page 4
that during 1976 there was an average of 20.5 robberies per census tract. In
the 15 census tracts which contained adult businesses, the average was nearly
double at 40.5 robberies. A single census tract which contained 5 pornography
outlets and a population of only 730 persons had a total of 136 robberies. The
statistics for rape echoed the same pattern as for robbery.
The city -wide average of rape crime in Cleveland in 1976 was 2.4 per census
tract. In the 15 census tracts containing pornography outlets, the rate was
double that of the city -wide average.
Furthermore, for four census tracts which contained a total of 10 adult uses,
the average rate for rapes was 8.8 per tract, nearly four times the average
for the city. The crime statistics compiled by the Police Department's Data
Processing unit led the Department to state: "The facts that were obtained
verified what knowledgeable police officers had always been aware of, and that
is the incidence of crime is much greater in areas where smut outlets are
located."
The Attorney General's Commission on Pornography noted that some recent studies
by psychologist and social scientists indicate that under certain conditions,
exposure to aggressive- erotic films and books can facilitate aggressive behav-
ior, usually by men against women.
The theory put forward by these studies is that sadomasochistic sex presented
through the media may erode the inhibitions of the male viewer which normally
suppress aggressive sexual (criminal) behavior. Watching an aggressive- erotic
film, in other words, somehow, makes the act of rape appear less immoral or
injurious. Nevertheless, it is not the point of this report to prove that there
is a link between sexual media and deviant or criminal behavior; the scientific
community is obviously split on this issue as well as on the degree to which
this relationship may or may not be true.
The fact is, however, many prominent psychologists and social scientists believe
there is a relationship between the two, and have conducted experiments in order
to demonstrate this fact. In addition, the assertion that aggressive- erotica
may spur criminal behavior appears to be getting more plausible, if not less
debatable. In any case, we find the criminal data developed by various police
agencies together with the scientific literature developed around the issue of
aggressive- erotica and violence to be compelling reasons for differentiating
between adult uses and other business activities insofar as regulatory treatment
is concerned.
Impacts to Property Values
A spin -off effect of providing compatibility between urban land uses is the
preservation and enhancement of property values. This effect is often cited
as a major objective or purpose of zoning. In 1982, the Kent Planning Depart-
ment conducted a telephone survey of real estate appraisers as to the "Impacts
of Adult Uses on Land Values ". In their Department survey,
"All appraisers cautioned that each case must be evaluated individu-
ally and according to its particular circumstances. Nevertheless,
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STAFF REPORT to the
Planning Commission
88 -2 -CA: Adult Entertainment Ordinance
Page 5
the majority of appraisers agreed that the impact of adult uses on
residential property values is probably negative, although no general
rule can be applied. One appraiser estimated that the adverse effect
could be as much as one to three percent of the property's total value
The total effect on property value depended on several factors in-
cluding proximity to the adult use, exterior building appearance and
condition of the adult business, neighborhood characteristics, among
other factors.
"There was also a consensus among appraisers on the effects of adult
uses on commercial properties. As a general rule, most appraisers
felt that in cases where an adult use was located in a commercial
environment, little or no adverse impact would be expected either to
surrounding businesses or property values. No appraiser surveyed
expected that the impact on property values would be detrimental, while
one ventured that in a depressed commercial area the impact could
potentially be favorable."
Land Use Incompatibilities
Nationwide, the proliferation of adult uses has occurred primarily within the
last 10 -15 years. In the Puget Sound area, the experience has been more recent.
The experience of other communities is that adult uses are incompatible with
residential, educational, public spaces and religious uses, individually as well
as collectively.
This fact was demonstrated in the court case Northend Cinema v. City of Seattle.
Residents of the Greenwood area in Seattle complained loudly about increased
traffic, undesirable patrons, lowered property values and other adverse impacts.
Residents argued that theirs was an area of residences, churches, schools
and social gathering places, a closely -knit neighborhood unaccustomed to adult
theaters and the disruptive impacts associated with such uses. In order to
safeguard the character and quality of residential life in the Greenwood neigh-
borhood, the City of Seattle adopted zoning regulations which, in effect,
forced the closure of the adult theater. The owner then sued the City. In the
litigation which ensued, Seattle was able to demonstrate in the record that the
location of the adult theater in the Greenwood area had a harmful effect on that
area and contributed to neighborhood blight. In upholding the City of Seattle,
the Washington State Supreme Court agreed that the goal of preserving the qual-
ity of residential neighborhoods by prohibiting disruptive adult uses was a
valid and substantial public interest.
Adult uses, especially pornographic establishments, have often been cited as
incompatible with educational and religious uses. This was the case in the
Greenwood example mentioned above. Seattle city planners maintained that the
proximity of an adult theater to schools and churches was disruptive to the
residential community. In addition, the exposure or visibility of the adult
theater to school -age children in the Greenwood area was viewed as detrimental
to the quality of residential life. Residents of the area testified to the
adverse effect of such a use on the family orientation of the neighborhood.
These findings were made part of the court's record in the Greenwood case and
helped form a basis for its decision in favor of the city.
STAFF REPORT to the
Planning Commission
LEGAL GUIDELINES IN ADULT ENTERTAINMENT USE
88 -2 -CA: Adult Entertainment Ordinance
Page 6
Municipalities have been turning to zoning laws as a means of controlling the
spread of adult establishments ever since the 1976 U.S. Supreme Court decision
of Young v. American Mini Theaters. In this landmark case, the zoning regula-
tions of the City of Detroit, Michigan, which prohibited specified adult uses
from locating within 1,000 feet of one another, were upheld as a constitution-
ally valid exercise of the City's police power. Since the Young case, countless
jurisdictions across the country have followed Detroit's lead, utilizing zoning
regulations to control the location of adult businesses.
Many of the new adult use zoning regulations have been challenged in the courts
and not all have enjoyed the same success as Detroit. Case law since Young
demonstrates one very important point: regulations must be carefully drafted.
Regulations of adult uses, especially with regard to theaters and bookstores
which are protected under the First Amendment, walk a thin line between valid
land use control and unconstitutional restraint of free speech. While each case
is unique, the courts appear to follow four general rules or guidelines in
deciding adult use zoning cases. These guidelines are:
1. Adult use zoning regulations must not be drawn so tight as to prohibit or
severely restrict the location of adult businesses.
2. The basis for adult use zoning ordinances should be a factual record which
relates such restrictions to recognized zoning purposes.
3. Zoning ordinances should not grant broad discretionary powers to public
officials to determine whether or not adult uses will be permitted.
4. Ordinances must be clear in their language, especially in their definitions,
making it easy to determine what is and what is not regulated.
In 1981, the Renton City Council passed a zoning ordinance that restricted the
location of adult motion picture theaters. The Ninth U.S. Circuit Court of
Appeals eventually ruled that the City's ordinance was a violation of the First
Amendment to the Constitution. Renton appealed, and in a majority opinion
upholding the city's position, Supreme Court Justice William Rehnquist, now
chief justice, ruled the ordinance did not violate the free speech clause of the
Constitution because it was "content- neutral ".
In the Attorney General's Report The Risks of Abuse, page 269, the report
concludes that:
"Although the link is not direct, we are in no position to deny that
there may be some psychological connection between obscenity laws
and their enforcement and a general perception that non - governmental
restriction of anything dealing with sex is justifiable. We find the
connection unjustifiable, but that is not to say that it may not exist
in the world. But just as vigorous and vocal enforcement of robbery
laws may create the environment in which vigilantes feel justified in
punishing offenders outside of legal processes, so too may obscenity
law create an environment in which discussions of sexuality are effec-
STAFF REPORT to the
Planning Commission
88 -2 -CA: Adult Entertainment Ordinance
Page 7
tively stifled. But We cannot ignore the extent to which much of this
stifling, to the extent it exists, is no more than the exercise by
citizens of their First Amendment rights to buy what they want to buy,
and the exercise by others of first Amendment rights to sell or make
what they wish. Choices are not always exercised wisely, but the leap
from some unwise choices to the unconstitutionality of criminal laws
only remotely related to those unwise choices is too big a leap for us
to make."
The Renton case confirmed what the Supreme Court had already decided in Young v.
American Mini Theater in 1976. In the Attorney General's commission on Porno-
graphy, July 1986, there is lengthy discussion concerning pornography and the
constraints of the First Amendment. The following are excerpts from the report.
"To the extent, therefore, that regulation of pornography constitutes
an abridgment of the freedom of speech, or an abridgment of the freedom
of the press, it is at least presumptively unconstitutional. And even
if some or all forms of regulation of pornography are seen ultimately
not to constitute abridgments of the freedom of speech or the freedom
of the press, the fact remains that the Constitution treats speaking
and printing as special, and thus the regulation of anything spoken or
printed must be examined with extraordinary care. For even when some
forms of regulation of what is spoken or printed are not abridgments of
the freedom of speech, or abridgments of the freedom of the press, such
regulations are closer to constituting abridgments than other forms of
governmental action. If nothing else, the barriers between permissible
restrictions on what is said or printed and unconstitutional
abridgments must be scrupulously guarded."
The above information helps us to understand how the courts view such regu-
lations and what specific concerns opponents might have. Nationwide, many
different approaches have been developed for regulating adult uses; the follow-
ing section will discuss the recommended approach that fits the City of Tukwila.
PROPOSED ADULT ENTERTAINMENT ORDINANCE
As noted in the background discussion, the current zoning regulations only
regulate adult motion picture theaters (Attachment A). The proposed ordinance
addresses the various forms of adult entertainment (Attachment D). The table
on the following page provides a comparison between the existing ordinance and
the proposed ordinance.
:et
STAFF REPORT to the
Planning Commission
Existing Ordinance
Adult Motion Picture
C -2 Regional Retail
C -P Planned Business Center
C -M Industrial Park
M -1 Light Industrial
M -2 Heavy Industrial
1,000 feet from R -1, R -2,
R -3, R -4, RMH zones
1/2 mile from schools
1,000 feet from public parks
No major alterations of the
business is allowed;
the business is permitted
to continue to operate
indefinitely.
ADULT ENTERTAINMENT
USE REGULATIONS
ZONES
STANDARDS
NONCONFORMING USES
88 -2 -CA: Adult Entertainment Ordinance
Page 8
Proposed Ordinance
Adult bathhouse
Adult bookstore
Adult cabaret
Adult massage parlor
Adult motion picture
Adult retail store
Adult sauna parlor
Adult video store
M -2 Heavy Industry
Same as existing
Same as existing
Same as existing
1,000 feet from church /temple
1,000 feet from public library
Adult entertainment use will need
to comply within 90 days.
Due to the type of impacts adult entertainment uses can have, a more appropriate
zone in which to permit these uses is M -2 (Heavy Industrial). Heavy Industrial
zones are designated for those uses having external impacts. In the City of
Tukwila there are currently 101.88 acres zoned for Heavy Industrial. Approxi-
mately 16 acres are vacant and 85.88 acres are developed. As shown by Attach-
ment E, the M -2 zoned land is so located in the community as not to create a
conflict with abutting residential and commercially zoned properties. In
addition, as shown by Attachment F, the region around Tukwila also provides
ample opportunity for adult entertainment uses.
iGY
STAFF REPORT to the 88 -2 -CA: Adult Entertainment Ordinance
Planning Commission Page 9
The nonconforming section in the zoning code allows the existing uses to
continue to operate indefinitely. The proposed ordinance in Section 4 on page 5
of the Ordinance would require nonconforming uses to comply within 90 days
after the adoption of the Ordinance. In Northend Cinema, Inc. v. Seattle, the
Washington Supreme Court upheld two Seattle ordinances which created a land use
known as Adult Motion Picture Theaters, prohibited that use in all city zones
except the CM (Metropolitan Commercial), BM (Metropolitan Business), and CMT
(Temporary Metropolitan Commercial) zones, and required the termination of all
nonconforming adult motion picture theaters within 90 days of the date the
theater became nonconforming. Based upon recent case law, it appears 90 days
would be the minimum time period for determination of adult entertainment uses.
CONCLUSIONS
In the 1986 Attorney General's Commission on Pornography, the report concluded
that:
"The commission of sexual crimes, the degradation of women, and the
abuse and mistreatment of children are terrible and pressing prob-
lems that concern us urgently. As we face up to the extensive public
consumption even of certain types of extreme pornographic materials,
a need for massive public re- education about potential problems
associated with them seems strongly indicated. We cannot tolerate
messages of sexual humiliation directed to any group. But to make
all pornography the scapegoat is not constructive. In the absence
of significant social sanctions against pornography, the possibility
of halting its use seems as slim as was the chance of halting the sales
of liquor during Prohibition. In conclusion, we repeat that we face a
complex social and legal problem that requires extensive study before
realistic remedies can be recommended."
The purpose of the proposed ordinance is not to ban all forms of adult enter-
tainment, but to designate appropriate locations and to develop standards for
this type of use. As noted in the Renton case, one of the issues is the protec-
tion guaranteed by the First Amendment (Freedom of Speech). While the other
issue is recognition and preservation of local sovereignty. For this reason,
the proposed ordinance is content neutral, and views adult entertainment as a
use with specific land use impacts.
The Planning staff recommends that the Planning Commission forward their recom-
mendation to the City Council with their thoughts and comments concerning the
proposed ordinance.
(22/88- 2- CA.1 -4)
RECOMMENDATIONS
Sections:
18.30.010
18.30.020
18.30.030
18.30.040
18.30.050
18.30.060
ATTACHMENT A
EXISTING REGULATIONS FOR ADULT MOTION PICTURES
Chapter 18.30
C -2 DISTRICT -- REGIONAL RETAIL BUSINESS
Purpose.
Principally permitted uses.
Accessory uses.
Conditional uses.
Height, yard and area regulations.
Parking regulations.
18.30.010 Purpose. The purpose of this district is
to provide areas for diversified commercial /retail activities
which serve a broader, regional clientele. C -2 district uses
generally attract traffic from a broader area than C -1 uses
and are also generally larger in scale than those found in
the C -1 district. (Ord. 1247 §1(part), 1982).
18.30.020 Principally permitted uses. In the C -2 dis-
trict, no building or land shall be used and no building
shall be erected, altered, or enlarged, which is arranged,
intended or designed for other than the following uses:
( 1) Any principally permitted use in the C -1 district;
( 2) Auto repair shops;
( 3) Automobile or travel trailer sales rooms and travel
trailer or used car sales lots. No dismantling of cars or
travel trailers nor sale of used parts is allowed;
262 (Tukwila 8/82)
18.30.020
( 4) Barbecue stands;
( 5) Cocktail lounges when in association with a restau-
rant facility;
( 6) Billiard or pool rooms;
( 7) Bowling alleys; .
( 8) Bus stations;
( 9) Business or commercial schools;
(10) Cabinet shops or carpenter shops employing less
than five people;
(11) Car washes;
(12) Commercial photography;
(13) Confectionery manufacturing, in conjunction with
retail sales, not to exceed twenty thousand square feet;
(14) Convention facilities;
(15) Data processing and record storage facilities;
(16) Drive -in restaurants;
(17) Feed stores (no grinding);
(18) Funeral homes or undertaking establishments;
(19) Furniture sales;
(20) Garages (public);
(21) Hotels;
(22) Job printing, newspapers, lithographing and pub-
lishing;
(23) Commercial laundries;
(24) Medical and dental laboratories;
(25) Miniature golf courses;
(26) Motels;
(27) Nightclubs or taverns;
(28) Package liquor stores;
(29) Pet shops, if entirely within a building;
(30) Planned shopping center (mall), provided the gross
leaseable floor area is less than three hundred thousand square
feet;
(31) Skating rinks;
(32) Telephone exchanges;
(33)• Theaters, provided that adult motion picture
theaters are prohibited within the area circumscribed by a
circle which has a radius consisting of the following dis-
tances from the following specified uses or zones:
(A) In or within one thousand feet of any R -1, R -2,
R -3, R -4,'or RMH zone district,
(B) One -half mile of any public or private school
with curricula equivalent to elementary, junior, or senior
high schools,
(C) One thousand feet of any public park,
(D) The distances specified in (A) , (B) , and (C) above
shall be measured by following a straight line from the nearest
point of the property parcel upon which the proposed use is to
be located, to the nearest point of the parcel of property or
the land use district boundary line from which the proposed
land use is to be separated;
263 (Tukwila 8/82)
1:30.030 -- 18.34.020
(34) Tire and battery shops;
(35) Upholstery and furniture repair;
(36) Wholesale or retail sales offices or sample rooms,
with less than fifty percentage storage or warehousing;
(37) Other retail business activities of a regional
character such as those enumerated above and not included in
any other classification. (Ord. 1247 §1(part) 1982).
18.30.030 Accessory uses. Uses and structures custom-
arily appurtenant to the principally permitted uses, such as
those stated in Section 18.28.030 for the C -1 district. (Ord.
1247 §1(part), 1982).
18.30.040 Conditional uses. General conditional uses
as specified in Chapter 18.64 require a conditional use per-
mit from the city. (Ord. 1247 §1(part), 1982).
18.30.050 Height, yard and area regulations. In the
C -2 district, the minimum dimensions of lots and yards and
height of buildings shall be as specified in Chapter 18.50.
(Ord. 1247 §1(part), 1982).
18.30.060 Parking regulations. Parking regulations
shall be as provided in Chapter 18.56. (Ord. 1247 §1(part),
1982) .
DEFINITION FOR JULT MOTION PICTURE ^ 8.06.810 -- 18.06. 860
immobilized. Not included are residential fences, retaining
walls less than three feet in height, rockeries and similar
improvements of minor character. (Ord. 1247 §1(part), 1982).
18.06.810 Structural alteration. "Structural alteration"
means any change in load or stress of the loaded or stressed
members of a building or structure. (Ord. 1247 §1(part), 1982).
18.06.820 Substantial construction. "Substantial con-
struction" means completion of more than fifty percent of the
cost of work described in specified and approved plans. (Ord.
1247 §1(part), 1982).
Il 18.06.825 Theater, adult motion picture. "Adult motion
picture theater" means a structure used for presenting motion
picture films, video cassettes, cable television, or any other
such visual media, distinguished or characterized by an emphasis
on matter depicting, describing, or relating to "specified
sexual activities" or "specified anatomical areas" as defined
below:
(1) "Specified sexual activities" means:
(A) Human genitals in a state of sexual stimulation
or arousal;
(B) Acts of human masturbation, sexual intercourse,
or sodomy;
iL (C) Fondling or other erotic touching of human genitals,
pubic region, buttock, or female breast
(2) "Specified anatomical areas" means:
S (A) Less than completely and opaquely covered human
genitals, pubic region, buttock, and female breast below a
1 point immediately above the top of the areola;
(B) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered. (Ord. 1247
§1(part) , 1982) .
18.06.830 Tract. "Tract" means a parcel which may be
several acres in area. (Ord. 1247 §1(part), 1982).
18.06.840 Trailer court or park. "Trailer court or park"
means any area of land occupied or designed for the occupancy
of two or more travel trailers or mobile homes. (Ord. 1247
§1(part) , 1982) .
18.06.850 Trailer, travel. "Travel trailer" means a
vehicular portable structure built on a chassis, designed to
be used as a temporary dwelling for travel and recreational
purposes. (Ord. 1247 §l(part), 1982).
18.06.860 Use. "Use" means the nature of the occupancy,
the type of activity, or the character and form of improve-
ments to which land is devoted or may be devoted. (Ord. 1247
§1(part) , 1982) .
245 (Tukwila 8/82)
ATTACHMENT B
EXCERPTS FROM ATTORNEY GENERAL'S COMMISSION ON PORNOGRAPHY
FINAL REPORT
JULY 1986
attorney general's commission on pornography final report
Table of Contents
PART ONE
1. Commissioner Biographies 3
2. Acknowledgements and Notes 23
3. Individual Commissioner Statements 27
PART TWO
1. Introduction 215
The Commission and Its Mandate 215
The Work of the Commission 218
The 1970 Commission on Obscenity 224
and Pornogralphy
Defining Central Terms 227
2. The History of Pornography 233
Pornography as a Social Phenomenon 233
Regulation and the Role of Religion 236
Obscenity Law -- The Modern History 249
3. The Constraints of the First Amendment 249
The Presumptive Relevance of the 249
First Amendment
The First Amendment, The Supreme Court, 251
and the Regulation of Obscenity
Is the Supreme Court Right? 260
The Risks of Abuse 269
4. The Market and The Industry
The Market for Sexual Explicitness
The Motion Picture Industry
Sexually Explicit Magazines
Television
The Pornography Industry
The Production of Films, Video•Tapes,
and Magazines
Channels of Distribution
The Retail Level
The Role of Organized Crime
5. The Question of Harm
Matters of Method
Harm and Regulation --
The Scope of Our Inquiry
What Counts as a Harm?
The Standard of Proof
The Problem of Multiple Causation
The Varieties of Evidence
The Need to Subdivide
Our Conclusions About Harm
Sexually Violent Material
Nonviolent Materials Depicting
Degradation, Domination,
Subordination, or Humiliation
Nonviolent and Non - Degrading
Materials
Nudity
a
277
277
278
280
281
284
284
287
289
291
299
299
299
302
306
309
312
320
322
323
323
329
335
347
The Need for Further Research 349
6. Laws and Their Enforcement 353
An Overview of the Problem 353
Should Pornography be Regulated by Law? 354
The Question is Deregulation 354
Law Enforcement, Priority, and
Multiple Causation 358
The Problem of Underinclusiveness 360
The Criminal Law 363
The Sufficiency of Existing
Criminal Laws 364
The Problems of Law Enforcement 366
Federalism 372
What Should be Prosecuted? 375
The Special Prominence of the
Printed Word 381
Regulation by Zoning 385
The Civil Rights Approach to
Pornography 391
Obscenity and the Electronic Media 3%
Enforcing Both Sides of the Law 402
7. Child Pornography 405
The Special Horror of Child
Pornography 405
Child Pornography as a Cottage
Industry 406
Child Pornography, the Law, and
the First Amendment 410
Enforcement of the Child
Pornography Laws 415
Hi
•
8. The Role of Private Action 419
The Right to Condemn and the
Right to Speak
The Methods of Protest
The Risks of Excess
The Importance of Education and
Discussion
PART THREE
1. Introduction
2. Law Enforcement Agencies and the
Justice Department
3. Child Pornography
. 4. Victimization
5. Civil Rights
6. Nuisance Laws
7. Anti - Display Laws
PART FOUR
1. Victimization
2. Performers
3. Social and Behavioral Science
Research Analysis
4. Organized Crime
5. The History of the Regulation of
Pornography
iv
419
421
423
425
433
459
595
737
747
757
759
767
837
901
1037
1213 -
6. First Amendment Considerations 1263
7. Citizen and Community Action and
Corporate Responsibility 1313
8. Production and Distribution of
Sexually Explicit Materials 1351
9. The Imagery Found Among Magazines, Books and
Films, in "Adults Only
Pornographic Outlets
10. Sample Forms
11. Witnesses Testifying Before the
Commission
PART FIVE
1. Bibliography
2. Additional Suggested Reading
Materials
3. Staff Listing
PART SIX
1. Photographs
It
1499
11103
1845
12. Witnesses Invited But Unable to
Appear Before the Commission 11161
13. Persons Submitting Written Statements 1865
1875
1925
1933
1937
APPENDIX A
Commission Charter 1957
1
Chapter 1
Introduction
215
1.1 The Commission and Its Mandate
The Attorney General's Commission on Pornography (referred
to throughout this Report as "The Commission ") was established
p ursuant to the Federal Advisory Committee Act on February 22,
1985 by then Attorney General of the United States William French
Sm ith, at the specific request of President Ronald Reagan.
Notice of the formation of The Commission, as required by Section
9(c) of the Federal Advisory Committee Act, was given to both
Houses of Congress and to the Library of Congress on March 27 and
March 28, 1985. On May 20, 1985, Attorney General Edwin Meese
III publicly announced formation of The Commission and the names
of its eleven members, all of whom served throughout the duration
of The Commission's existence.
The formal mandate of The Commission is contained in its
Charter, which is attached to this Report in Appendix A. In
accordance with that Charter, we were asked to "determine the
nature, extent, and impact on society of pornography in the
United States, and to make specific recommendations to the
Attorney General concerning more effective ways in which the
spread of pornography could be contained, consistent with
constitutional guarantees." Our scope was undeniably broad,
including the specific mandate to "study . . the dimensions
1 5 U.S.C. App.2, 86 Stat.770(1972), as amended by
90 Stat.1241, 1247(1976)
of the problem of pornography," to "review the available
empirical evidence on the relationship between exposur to
pornographic materials and antisocial behavior," and to expl
"possible roles and initiatives that the Department of Justice
and agencies of local, State, and federal government could pursue
in controlling, consistent with constitutional guarantees, the
production and distribution of pornography."
Because we are a commission appointed by the Attorne
General, whose responsibilities are largely focused on t
enforcement of the law, issues relating to the law and to tar
enforcement have occupied a significant part of our hearings, our
deliberations, and the specific recommendations that accompany
this Report.
That our mandate from the Attorney General involve
a special concern with enforcement of the law, however, should
not indicate that we have ignored other aspects of the issue.
Although we have tried to concentrate on law enforcement, we felt
that we could not adequately address the issue of pornography,
including the issue of enforcement of laws relating to
pornography, unless we looked in a larger context at the entire
phenomenon of pornography. As a result, we have tried to examine
carefully the nature of the industry, the social, moral,
political, and scientific concerns relating to or purportedly
justifying the regulation of that industry, the relationship
between law enforcement and other methods of social control, and
a host of• other topics that are inextricably linked with lar
enforcement issues. These various topics are hardly congruent
216
with the issue of law enforcement, however, and thus it has been
necessarily the case that issues other than law enforcement in
its narrowest sense have been before us. In order that this
Report accurately reflect what we thought about and what we felt
to be important, we have included in the Report our findings and
recommendations with respect to many issues that are related_to
but not the same as law enforcement.
For similar reasons, we have been compelled to consider
substantive topics not, strictly speaking, specified exactly in
our charter. A few examples ought to make clear the problems
that surround trying to consider an issue that itself has no
clear boundaries: We have heard testimony and considered the
relationship between the pornography industry and organized
crime, and this has forced us to consider the nature of organized
crime itself; we have examined the evidence regarding the
relationship between pornography and certain forms of anti - social
conduct, and this has necessitated thinking about those other
factors that might also be causally related to anti - social
conduct, and about just what conduct we consider anti - social; we
have thought about child pornography, and this has caused us to
think about child abuse; and we have, in the course of thinking
about the relationship between pornography and the family,
thought seriously about the importance of the family in
contemporary America. This list of examples is hardly
exhaustive. We mention them here, however, only to show that our
inquiry could not be and has not been hermetically sealed. But
217
218
we all feel that what we may have lost in focus has more th
been compensated for in the richness of our current context
understanding of the issue of pornography. 1.2 The Work of
the Commission
We have attempted to conduct as thorough an investigation es
our severe budgetary and time constraints permitted.
The
budgetary constraints have limited the size of our staff, and
have prevented us from commissioning independent research. W
especially regret the inability to commission independent
research, because in many cases our deliberations have enabled us
to formulate issues, questions, and hypotheses in ways that are
either more novel or more precise than those reflected in the
existing thinking about this subject, yet our budgetary
constraints have kept us from testing these hypotheses or
answering these questions. In numerous places throughout this
report we have urged further research, and we often recommend
that research take place along specific lines. We hope that our
suggestions will be taken up by researchers. Neither this Report
nor any other should be taken as definitive and final, and we
consider our suggestions for further research along particular
lines to be one of the most important parts of this document.
The time constraints have also been significant. We all
wish we could have had much more time for continued discussion
among ourselves, as the process of deliberation among people of
different backgrounds, different points of view, and different
areas of expertise has been perhaps the most fruitful part of our
•
tas
Yet we have been required to produce a report within a
year of our creation as a Commission, and our ability to meet
to gether has been limited by the budgetary constraints just
re ferred to, as well as by the fact that all of us have
re sponsibilities to our jobs, our careers, and to our families
tha make it impossible to suspend every other activity in which
we are engaged for the course of a year.
Despite these limitations, we have attempted to be as
ca reful and as thorough as humanly possible within the boundaries
o f these constraints. We thought it especially important to hear
f as wide a range of perspectives as possible, and as a result
held public hearings and meetings in Washington, D.C., from June
18 to 20, 1985; in Chicago, Illinois, from July 23 to 25, 1985;
in Houston, Texas, from September 10 to 12, 1985; in Los Angeles,
California, from October 15 to 18, 1985; in Miami, Florida, from
November 19 to 22, 1985; and in New York City from January 21 to
24, 1986. With the exception of the initial hearing in
Washington, each of the hearings had a central theme, enabling us
to hear together those people whose testimony related to the same
issue. Thus the hearings in Chicago focused on the law, law
enforcement, and the constraints of the First Amendment; in
Houston we concentrated on the behavioral sciences, hearing from
psychologists, psychiatrists, sociologists, and others who have
been clinically or experimentally concerned with examining the
relationship between pornography and human behavior; in Los
Angeles our primary concern was the production side of the
219
industry, and we heard testimony from those who were
knowledgeable about or involved in the process of producing,
distributing, and marketing pornographic materials; in Miami most
of our time was spent dealing with the issue of child
pornography, and we heard from people who in either their
professional or personal capacities had familiarity with the
creation, consequences, or legal control of child pornography
and in New York we heard about organized crime and its
relationship with the production, distribution, and sale of
pornographic materials.
Although these hearings each had their specific
concentration, we also attempted to hear people throughout the
country who wished to address us on these and many other issues,
and one of the reasons for conducting hearings in different
cities in various parts of the country was precisely to give the
greatest opportunity for the expression of views by members of
the public. Time did not permit us to hear everyone who desired
to speak to us, but we have tried as best we could to allow a
large number of people to provide information and to express
their opinions. The information provided and the opinions
expressed represented a wide range of perspectives and views on
the issues before us. Many of the people appearing before us
were professionals, who because of their training and experiences
could enlighten us on matters that would otherwise have been
beyond our knowledge. Many people represented particular points
of view, and we are glad that varying positions have been so ably
220
221
Pre sented to us. And many others have been members of the public
Oho only wished to represent themselves, relating either points
o f view or personal experiences. All of this testimony has been
va luable, although we recognize its limitations. These
l imitations will be discussed throughout this report, although
there is one that deserves to be highlighted in this introductory
S ection. That is the distortion that has been the inevitable
c onsequence of the fact that some pornography is illegal, and
mu ch pornography is, regardless of legality or illegality, still
c onsidered by many people to be harmful, offensive, or in some
other way objectionable. As a result, legal as well as social
constraints may distort the sample, in that they severely limit
the willingness of many people to speak publicly in favor of
pornography. This phenomenon may have been somewhat
counterbalanced by the financial resources available to many of
those from the publishing and entertainment industries who warned
us of the dangers of any or most forms of censorship. But the
point remains that various dynamics are likely to skew the sample
available to us. In evaluating the oral evidence, we have thus
been mindful of the fact that the proportion of people willing to
speak out on a particular subject, and from a particular point of
view, may not be a fully accurate barometer of the extent that
certain views are in fact held by the population at large. •
Many of the limitations that surround oral testimony lessen
considerably when written submissions are used, and we have made
every effort to solicit written submissions both from those who
testified before us and from those who did not. We have relied
heavily on these, in part because they represent the views of
those who could not testify before us, and in part because th
frequently explored issues in much greater depth than would b
possible in a brief period of oral testimony.
The written submissions we received constitute but a
miniscule fraction of all that has been written about
pornography. While it would not be accurate to say that each o f
us has read all or even a majority of the available literature,
we have of course felt free to go beyond the written submissions
and consult that which has been published on the subject, and
much of what is contained in this report is a product of the fact
that many thoughtful people have been contemplating the topic of
pornography for a long time. To ignore this body of knowledg
would be folly, and we have instead chosen to rely on more
information rather than less. We could not have responsibly
conducted our inquiry without spending a considerable period of
time examining the materials that constitute the subject of this
entire endeavor. Engaging in this part of our task has been no
more edifying for us than it is for those judges who have the
constitutional duty to review materials found at trial to be
legally obscene. Obviously, however, it was an essential part
2 "[Wle are tied to the 'absurd business of perusing and
viewing the miserable stuff that pours into the Court .
• .' Interstate Circuit, Inc. v. Dallas, 390 U.S., at
707 (separate opinion of Harlan, J.). While the
material may have varying degrees of social importance,
it is hardly a source of edification to the members of
this Court who are compelled to view it before passing
222
o f our job, and many witnesses provided to us for examination
dur ing our hearings and deliberations samples of motion pictures,
v ideo tapes, magazines, books, slides, photographs, and other
m edia containing sexually explicit material in all of its varied
forms. In addition, when in Houston we visited three different.
e stablishments specializing in this material, and in that way
were able to supplement the oral and written testimony with our
own observations of the general environment in which materials of
this variety are frequently sold.
In addition to our public hearings, we have also had public
working sessions devoted to discussing the subject, our views on
it, and possible findings, conclusions, and recommendations.
These working sessions occupied part of our time when we were in
Houston, Los Angeles, Miami, and New York, and in addition we met
solely for these purposes in Scottsdale, Arizona, from February
26 to March 1, 1986, and in Washington, D.C., from April 29 to
May 2, 1986. As we look back on these sessions, there is little
doubt that we have all felt the constraints of deliberating in
public. It can hardly be disputed that the exploration of
tentative ideas is more difficult when public exposure treats the
tentative as final, and the question as a challenge. Still, we
feel that we have explored a wide range of points of view, and an
equally wide range of vantage points from which to look at the
problem of pornography. As with any inquiry, more could be done
on its obscenity." Paris Adult Theatre I v. Slaton, 413
U.S. 49, 92- 93(1973) (Brennan, J., dissenting).
223
224
if there were more time, but we are all satisfied with the depth
and breadth of the inquiries in which we have engaged. When
faced with shortages of time, we have chosen to say here less
then we might have been able to say had we had more time for our
work, but we are convinced that saying no more than our inquiries
and deliberations justify is vastly preferable to paying for time
shortages in the currency of quality or the currency of accuracy.
Thus, given the many constraints we operated under, we believe
this Report adequately reflects both those constraints and the
thoroughness with which we have attempted to fulfill our mandate.
Finally, we owe thanks to all those who have assisted us in
our work. Although in another part of this Report we express our
gratitude more specifically, we wish here to note our
appreciation to an extraordinarily diligent staff, to numerous
public officials and private citizens who have spent much of
their own time and their own money to provide us with
information, and especially to a large number of witnesses who
appeared before us at great sacrifice and often at the expense of
having to endure great personal anguish. To all of these people
and others, we give our thanks, and we willingly acknowledge that
we could not have completed our mission without them.
1.3 The 1970 Commission on Obscenity and Pornography Our
mission and our product will inevitably be compared with the work
of the President's Commission on Obscenity and Pornography, which
was created in 1967, staffed in 1968, and which reported in 1970.
Some of the differences between the two enterprises relate to
226
would be surprising to discover that these technologic
developments have had no effect on the production, distribution,
and availability of pornography, and we have not been surprised,
These technological developments have themselves caused such
significant changes in the practices relating to th
distribution of pornography that the analysis of sixteen yea
ago is starkly obsolete. Nor have the changes been solel
technological. In sixteen years there have been numerous change
in the social, political, legal, cultural, and religious portrait
of the United States, and many of these changes have undeniably
involved both sexuality and the public portrayal of sexuality,
With reference to the question of pornography, therefore, there
can be no doubt that we confront a different world than that
confronted by the 1970 Commission.
Perhaps most significantly, however, studying an issue that
was last studied in the form of a national commission sixteen
years ago seems remarkably sensible even apart from the social
and technological changes that relate in particular to the issue
of pornography. Little in modern life can be held constant, and
it would be strikingly aberrational if the conclusions of one
commission could be taken as having resolved an issue for all
time. The world changes, research about the world changes, and
our views about how we wish to deal with that world change. Only
in a static society would it be unwise to reexamine periodically
the conclusions of sixteen years earlier, and we do not live in a
static society. As we in 1986 reexamine what was done in 1970,
Structural aspects of the inquiry. The 1970 Commission had a
budget of $2,000,000 and two years to complete its task. We had
only one year, and a budget of $500,000. Taking into account the
changing value of the dollar, the 1970 Commission had a
budget nearly sixteen times as large as ours, yet held only two
public hearings. We do not regret having provided the
opportunity for such an extensive expression of opinion, but it
has even further depleted the extremely limited resources
available to us. In addition to differences in time,
budget, and staffing, there are of course differences in
perspective. Although the work of the 1970 Commission has
provided much important information for us, all of us have taken
issue with at least some aspects of the earlier Commission's
approach, and all of us have taken issue with at least some of
the earlier Commission's conclusions. We have tried to explain
our differences throughout this Report, but it would be a mistake
to conclude that we saw our mission as reactive to the work of
others sixteen years earlier. In sixteen years the world has
seen enormous technological changes that have affected the
transmission of sounds, words, and images. Few aspects of
contemporary American society have not been affected by cable
television, satellite communication, video tape recording, the
computer, and competition in the telecommunications industry. It
3 Taking 1967, the date of creation of the 1970
Commission, as the base year, the dollar at the end
of 1984, five months before this Commission commenced
work, was worth $0.31.
225
5o too do we expect that in 2002 our work will similarly be
re examined.
We do not by saying this wish to minimize the fact that we
ar e different people from those who studied this issue sixteen
Y ears ago, that we have in many cases different views, and that
we have in a number of respects reached different conclusions.
Whether this Commission would have been created had the 1970
commission reached different conclusions is not for us to say.
But we are all convinced that the creation of this Commission at
this time is entirely justified by the difference between this
world and that of 1970, and we have set about our task with that
in mind. 1.4 Defining Our Central Terms
Questions of terminology and definition have been recurring
problems in our hearings and deliberations. Foremost among these
definitional problems is trying to come up with some definition
for the word "pornography." The range of materials to which
people are likely to affix the designation "pornographic" is so
broad that it is tempting to note that "pornography" seems to
mean in practice any discussion or depiction of sex to which the
person using the word objects. But this will not do, nor will an
attempt to define "pornography" in terms of regulatory goals or
condemnation. The problem with this latter strategy is that it
channels the entire inquiry into a definitional question, when it
would be preferable first to identify a certain type of material,
and then decide what, if anything, should be done about it. We
note that this strategy was that adopted by the Williams
227
would be surprising to discover that these technologi
developments have had no effect on the production, distributio
and availability of pornography, and we have not been surprised,
These technological developments have themselves caused su
significant changes in the practices relating to the
distribution of pornography that the analysis of sixteen years
ago is starkly obsolete. Nor have the changes been solely
technological. In sixteen years there have been numerous changes
in the social, political, legal, cultural, and religious portrait
of the United States, and many of these changes have undeniabl
involved both sexuality and the public portrayal of sexuality.
With reference to the question of pornography, therefore, there
can be no doubt that we confront a different world than that
confronted by the 1970 Commission.
Perhaps most significantly, however, studying an issue that
was last studied in the form of a national commission sixteen
years ago seems remarkably sensible even apart from the social
and technological changes that relate in particular to the issue
of pornography. Little in modern life can be held constant, and
it would be strikingly aberrational if the conclusions of one
commission could be taken as having resolved an issue for all
time. The world changes, research about the world changes, and
our views about how we wish to deal with that world change. Only
in a static society would it be unwise to reexamine periodically
the conclusions of sixteen years earlier, and we do not live in a
static society. As we in 1986 reexamine what was done in 1970,
226
Committee in Great Britain several years ago,4
appellation "pornography"
something "pornographic"
it, and thus the dilemma
228
which defined
pornography as a description or depiction of sex involving the
dual characteristics of (1) sexual explicitness; and (2) intent
to arouse sexually. Although definitions of the sort adopted
by the Williams Committee contain an admirable dose of analytic
purity, they unfortunately do not reflect the extent to which the
is undoubtedly pejorative.
of material that may not deserve condemnation. But if on
other hand we incorporate some determination of value into
definition, then the definition of pornography must come at
end and not the beginning of this report, and at the end and
at the beginning of our inquiry. Faced with this dilemma,
To call
is plainly, in modern usage, to condemn
is before us. If we try to define the
primary term of this inquiry at the outset in language that is
purely descriptive, we will wind up having condemned a wide range
4 Report of the Home Office Committee on Obscenity
and Film Censorship (Bernard Williams, Chairman) (1978)
5 Report of the Special Committee on Pornography
and Prostitution (Paul Fraser, Q.C., Chairman) (198S)
the
our
the
not
the
best course may be that followed by the Fraser Committee in
Canada, which decided that definition was simply futile. We
partially follow this course, and pursuant to that have tried to
minimize the use of the word "pornography" in this Report. Where
we do use the term, we do not mean for it to be, for us, a
statement of a conclusion, and thus in this Report a reference to
material as "pornographic" means only that the material is
229
p redominantly sexually explicit and intended primarily for the
pu rpose of sexual arousal. Whether some or all of what qualifies
a s pornographic under this definition should be prohibited, or
even condemned, is not a question that should be answered under
t he guise of definition.
If using the term "pornography" is problematic, then so too
must be the term "hard core pornography." If we were forced to
define the term "hard core pornography," we would probably note
that it refers .to the extreme form of what we defined as
pornography, and thus would describe material that is sexually
explicit to the extreme, intended virtually exclusively to
arouse, and devoid of any other apparent content or purpose.
This definition may not be satisfactory, but we all feel after
our work on this Commission that the late Justice Stewart was
more correct than he is commonly given credit for having been in
saying of hard core pornography that although he could not define
it, "I know it when I see it." But although we are inclined to
agree with Justice Stewart, we regrettably note that the range of
material to which witnesses before us have applied this term is
far broader than we would like, and we therefore conclude that
careful analysis will be served if we use this term less rather
than more.
Trying to define the word "obscenity" is both more and less
difficult. It is more difficult because, unlike the word
6 Jacobellis v. Ohio, 378 U.S. 184, 197(1964)
(Stewart. J., concurring).
230
"pornography," the word "obscenity" need not necessarily sugge
anything about sex at all. Those who would condemn a war as
"obscene" are not misusing the English language, nor are those
who would describe as "obscene" the number of people killed b
intoxicated drivers. Given this usage, the designation of
certain sexually explicit material as "obscene" involves a
judgment of moral condemnation, a judgment that has led for close
to two hundred years to legal condemnation as well. But although
the word "obscene" is both broader than useful here as well as
being undeniably condemnatory, it has taken on a legal usage that
is relevant in many places in this Report. As a result, we will
here use the words "obscene" and "obscenity" in this narrower
sense, to refer to material that has been or would likely be
found to be obscene in the context of a judicial proceeding
employing applicable legal and constitutional standards. Thus,
when we refer to obscene material, we need not necessarily be
condemning that material, or urging prosecution, but we are
drawing on the fact that such material could now be prosecuted
without offending existing authoritative interpretations of the
Constitution. Numerous submissions to us have made
reference to "erotica." It seems clear to us that the term as
actually used is the mirror image of the broadly condemnatory use
of "pornography," being employed to describe sexually explicit
materials of which the user of the term approves. For some the
word "erotica" describes any sexually explicit material that
contains neither violence nor subordination of women, for others
t he term refers to almost all sexually explicit material, and for
s till others only material containing generally accepted artistic
value qualifies as erotica. In light of this disagreement, and
in light of the tendency to use the term "erotica" as a
C onclusion rather than a description, we again choose to avoid
the term wherever possible, preferring to rely on careful
description rather than terms that obscure more than advance
rational consideration of difficult issues.
Various other terms, usually vituperative, have been used at
times, in our proceedings and elsewhere, to describe some or all
sexually explicit materials. Such terms need not be defined
here, for we find it hard to see how our inquiry is advanced by
the use of terms like "smut" and "filth." But we have also
encountered frequent uses of the term "X- rated," and a few words
about that term are appropriate here. As will be discussed in
detail in the section of this Report dealing with the production
of sexually explicit materials, "X" is one of the ratings of the
Motion Picture Association of America (MPAA), a private
organization whose ratings of films are relied upon by theaters
and others to determine which films are or are not suitable for
people of various ages. But the MPAA rating system is not a
series of legal categories, and does not have the force of law.
Although many films that carry either an "X" rating or no rating
might be deemed to be legally obscene, many more would not, and
it is plain that many X -rated films could not conceivably be
considered legally obscene. Moreover, there is no plain
231
232
connection between the words "pornographic" and "X-rated,,
once again it seems clear that common usage would a l a��
PP y the t@:
"pornography" to a class of films that overlaps with but is
na,
identical to the class encompassed by the "X" rating. Asj
result, we avoid the term "X- rated," except insofar as w ear,
discussing in particular the category of materials so rat
the context of the purposes behind the MPAA rating system.
Sections:
ATTACHMENT - C •
LICENSE REQUIREMENTS FOR MASSAGE PARLORS AND CABARETS
5.40.010
5.40.020
5.40.030
5.40.040
5.40.050
5.40.060
5.40.070
Chapter 5.40
MASSAGE PARLORS
Definitions.
Compliance.
Exemptions.
License -- Required.
Plassagist's permit -- Required.
License -- Application.
Bond -- Required.
62 (Tukwila 12/15/78)
Sections: (Continued)
5.40.080
5.40.090
5.40.100
5.40.110
5.40.120
5.40.130
5.40.140
5.40.150
5.40.160
5.40.170
5.40.180
5.40.190
5.40.200
5.40.210
5.40.220
5.40.230
5.40.240
5.40.250
5.40.260
5.40.270
5.40.280
5.40.290
5.40.010
Massagist's permit -- Application.
License or permit -- Issuance.
License or permit -- Application -- Approval or
denial.
Application requirements -- Waiver.
License -- Nontransferable.
License -- Posting and display.
License -- Multiple locations.
License - -Name of licensee and place of business.
License -- Revocation or suspension.
Permit -- Revocation or suspension.
License - -Sale, transfer, or relocation.
Building requirements.
Operating requirements.
Hours of business.
Inspection required.
Employees -- Register.
Employees -- Identification badge required.
Customer register.
Persons under age twenty -one prohibited on
premises.
Alcoholic beverages prohibited.
Unlawful acts.
Violation -- Penalty.
5.40.010 Definitions. For the purpose of this chapter,
the following words and phrases shall have the meanings re-
spectively ascribed to them by this section:
(1) "Employee" means any person over twenty -one years
of age, other than a massagist, who renders any service in
connection with the operation of a massage business and
receives compensation from the operator of the business or
patrons.
(2) "Licensee" means the person to whom a license has
been issued to own or operate a massage establishment as
defined herein.
(3) "Manager" means any employee appointed by the
licensee to manage the premises and the other employees.
(4) "Massage" means any method of pressure on or fric-
tion against, or stroking, kneading, rubbing, tapping, pound-
ing, vibrating, or stimulating of the external parts of the
human body with the hands or with the aid of any mechanical
electrical apparatus or appliances with or without such sup-
plementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar
preparations commonly used in the practice of massage, under
such circumstances that it is reasonably expected that the
person to whom the treatment is provided or some third person
on his or her behalf will pay money or give any other con-
sideration or any gratuity therefore.
(5) "Massage establishment" means any establishment having
a source of income or compensation derived from the practice of
massage as defined in subsection (4) of this section, or corpor-
ation engages in or carries on any of the activities as defined
62 -1 (Tukwila 12/15/78)
120 -- 5.40.030
subsection (4). "Massage establishments" includes but is
nbt'limited to every massage school, massage parlor, massage
therapy clinic, sauna, health spa, or bath house.
(6) "Massagist," "masseur," or "masseuse" means any
person who, for any consideration whatsoever, engages in
the practice of massage as defined in subsection (4) of this
section.
(7) "Outcall massage service" means any business the
function of which is to engage in or carry on massages at
a location designated by the customer or client rather than
at a massage establishment as defined in subsection (4)
of this section.
(8) "Patron" means any person over twenty -one years
of age who receives a massage under such circumstances that
it is reasonably expected that he or she will pay money or
give any other consideration therefor.
(9) "Permittee" means the person to whom a permit has
been issued to act in the capacity of a massagist, masseur,
or masseuse as defined in subsection (6) of this section.
(10) "Person" means any individual; partnership, firm,
association, joint stock company, corporation or combination
of individuals of whatever form or character.
(11) "Recognized school" means any school or educational
institution licensed to do business as a school or education-
al institution in the state in which it is located, or any
school recognized by or approved by or affiliated with the
American Massage and Therapy Association, Inc. and which has
for its purpose the teaching of the theory, method, profession
or work of massage, which school requires a resident course
of study not less than seventy hours before the student shall
be furnished with a diploma or certificate of graduation from
such school or institution of learning following the success-
ful completion of such course of study or learning.
(12) "Sexual or genital area" means genitals, pubic
area, buttocks, anus, or perineum of any person, or the
vulva or breasts of a female. (Ord. 1059 §1, 1978).
5.40.020 Compliance. The licensee and all its employees
shall exercise ,due diligence to insure compliance with the pro-
visions of this chapter. (Ord. 1059 §19, 1978).
5.40.030 Exemptions. This chapter shall not apply to
the following individuals while engaged in the personal per-
formance of the duties of their respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths,
or physical therapists who are duly licensed to practice
their respective professions in the state.
(2) Nurses who are registered under the laws of this
state.
(3) Barbers and beauticians who are duly licensed
under the laws of this state, except that this exemption
shall apply solely to the massaging of the neck, face, scalp
and hair of the customer or client for cosmetic or beauti-
fying purposes. (Ord. 1059 §6, 1978).
62 -2 (Tukwila 12/15/78)
5.4n.040 -- 5.40.060
5.40.040 License -- Required. No person shall engage
in or carry out the business of massage unless he has a valid
massage business license issued by the city pursuant to the
provisions of this ordinance for each and every separate
office or place of business conducted by such person. (Ord.
1059 §2 (a) , 1978) .
5.40.050 Nassagist's permit -- Required. (a) No person shall
practice massage within the city as a massagist, employee,
or otherwise unless he has a valid and subsisting massagist's
permit issued to him by the city pursuant to the provisions
of this chapter.
(b) No person shall employ as a massagist any person
unless the employee has obtained and has in effect a permit
issued pursuant to this chapter. (Ord. 1059 § §2(b), 23,
1978)
5.40.060 License -- Application. (a) Every applicant
for a license to maintain, operate, or conduct a massage
establishment shall file an application under oath with the
city upon a form provided by the office of the city clerk
and pay a nonrefundable annual license fee, which shall be
one hundred dollars per year or any part thereof. Licensees
who have already paid the license fee for the current six -
month period shall not be required to pay an additional fee
hereunder. The application, once accepted, shall be refer-
red to the police department for investigation. Copies of
the application shall within five days also be referred to
the building department, the fire department and the health
department. The departments shall within thirty days inspect
the premises proposed to be operated as a massage establish-
ment and shall make written verification to the office of
the city clerk concerning compliance with the codes of the
city that they administer. The application shall further be
referred to the police department for investigation of the
applicant's character and qualifications. Each application
shall contain the following information:
(1) A definition of service to be provided;
(2) The location, mailing address and all telephone
numbers where the business is to be conducted;
(3) The name, telephone number and residence ad-
dress of each applicant, hereinafter all provisions which
refer to applicant include an applicant which may be a
corporation or partnership;
(4) If applicant is a corporation, the names, tele-
phone number and residence addresses of each of the officers
and directors of the corporation and of each stockholder
owning more than ten percent of the stock of the corporation
and the address of the corporation itself, if different from
the address of the massage establishment;
62 -3 (Tukwila 12/15/78)
5.40.060
(5) If applicant is a partnership, the names,
telephone number and resident addresses of each of the
partners including limited partners, and the address of
the partnership itself, if different from the address
of the massage establishment.
(Subdivisions (6) through (20) of this subsection apply
to all persons required to be identified by subdivisions (4)
and (5) of this subsection as well as to individual appli-
cants.)
(6) The two previous addresses immediately prior
to the present address of the applicant;
(7) Proof that the applicant is at least twenty -
one years of age;
(8) Individual or partnership applicant's height,
weight, color of eyes, and hair and sex;
(9) Copy of identification such a driver's license
and social security card;
(10) One portrait photograph of the applicant at
least two inches by two inches and a complete set of appli-
cant's fingerprints which shall be taken by the chief of
police or his agent. If the applicant is a corporation,
one portrait photograph at least two inches by two inches
of all officers and managing agents of the corporation and
a complete set of the same officers' and agents' finger-
prints which shall be taken by the chief of police or his
agent. If the applicant is a partnership, one front -face
portrait photograph at least two inches by two inches in
size of each partner, including a limited partner in the
partnership, and a complete set of each partner or limited
partner's fingerprints which shall be taken by the chief
of police or his agents;
(11) Business, occupation, or employment of the ap-
plicant for the three years immediately preceding the date
of application;
(12) The massage or similar business license history
of the applicant; whether such person, in previously oper-
ating in this or another city or state, has had a business
license revoked or suspended, the reason therefor and the
activity or occupation subsequent to such action of suspen-
sion or revocation;
(13) All criminal convictions other than misdemeanor
traffic violations, including the dates of convictions, na-
ture of the crimes and place convicted;
(14) The name and address of each massagist who is
or will be employed in the establishment;
(15) Applicant must furnish a diploma or certifi-
cate of graduation from a recognized school or other insti-
tution of learning wherein the method, profession and work
of massage is taught: provided, however, that if the appli-
cant will not himself engage in the practice of massage as
defined in this chapter, he need not possess such diploma
62 -4 (Tukwila 12/15/78)
5.40.070
or certificate of graduation from a recognized school or
other institution of learning wherein the method, profession
and work of massage is taught;
(16) The name and address of any massage business
or other establishment owned or operated by any person whose
name is required to be given in subdivisions (3) through (5)
of this subsection wherein the business or profession of
massage is carried on;
(17) A description of any other business to be oper-
ated on the same premises or adjoining premises or within
the city boundaries, owned or controlled by the applicant;
(18) Authorization for the city, its agents and
employees to seek information and conduct an investigation
into the truth of the statements set forth in the applica-
tion and the qualifications of the applicant for the permit;
(19) Such other identification and information
necessary to discover the truth of the matters specified
as required to be set forth in the application;
(20) The names, telephone number and current addres-
ses and written statments of at least three bonafide perm-
, anent residents of the United States that the applicant is
of good moral character. If the applicant is able, the
statement must first be furnished from residents of the
city, then the county, then the state and lastly from the
rest of the United States. These references must be per-
sons other than relatives and business associates.
(b) Upon the completion of the above provided form
and the furnishing of all foregoing information, the city
clerk shall accept the application for the necessary in-
vestigations. The holder of a massage establishment li-
cense shall notify the city clerk of each change in any of
the data required to be furnished by this section within
ten days after such change occurs. (Ord. 1059 §7, 1978).
5.40.070 Bond -- Required. (a) All applications for
a massage business license shall be accompanied by a bond
in the amount of two thousand dollars issued by surety
satisfactory to the city, or cash deposit of two thousand
dollars, which shall be forfeited to the city in the event
that there is any conviction of any owner, employee, or
agent of the massage parlor for violation of an federal,
state, or local law relating to sex offenses arising out of
conduct on the premises, or for violation of any provision
of this chapter.
(b) All applications for a massagist's permit shall
be accompanied by a bond in the amount of one thousand
dollars issued by surety satisfactory to the city, or cash
deposit of one thousand dollars, which shall be forfeited
to the city in the event that there is any conviction of
the permit holder for violation of any federal, state or
62 -5 (Tukwila 12/15/78)
iVNi' t�%: ssni;: y'. r�N, �ktS 'ui�4�ttsc�uMS.tcnm,rn•uoe;aew. v.«�,....:.�....�.,.�., .,..... ........�....._...,.........A..
5.40.080
local law relating to sex offenses arising out of conduct
on the premises, or for violation of any provisions of this
chapter. (Ord. 1059 §3, 1978).
5.40.080 Massagist's permit -- Application. Applica-
tion for a massagist's business permit shall be made to
the office of the city clerk in the same manner as pro-
vided in Section 5.40.070 for massage estabishment licenses,
accompanied by the annual nonrefundable massagist's permit
fee of seventy -five dollars per year or part thereof for
every establishment at which the applicant will practice.
Massagists who have already paid the permit fee for the
current six -month period shall not be required to pay an
additional fee hereunder. The application shall contain
but not be limited to the following:
(1) The business addresses and all telephone num-
bers where the massage is to be practiced;
(2) Name, telephone number and residence address,
and all names, nicknames and aliases by which the applicant
has been known, including the two previous addresses im-
mediately prior to the present address of the applicant
and period of residence there;
62 -6 (Tukwila 12/15/78)
Sections:
5.08.010
5.08.020
5.08.030
5.08.040
5.08.050
5.08.060
5.08.070
5.08.080
5.08.090
5.08.100
5.08.110
Chapter 5.08
CABARETS
Definitions.
Chapter exemption.
License required - -Fee.
License application procedure.
List of corporate members.
Employee and customer age restriction.
Violations on premises -- License cancellation,
revocation or suspension.
Compaint investigation -- Monthly inspection.
Licensee duty to enforce standards.
License posting.
Hours of operation -- Penalty for violation.
5.08.010 Definitions. When used in this chapter and
unless otherwise distinctly expressed, the following words
and phrases shall have the meaning set out in this section:
(1) "Cabaret" means the area in any hotel, restaurant,
cafe, lunchroom, tavern, or any other place of public resort
open for service to the public or operated for gain or pro-
fit where food and /or refreshments are regularly served and
where theatrical performances, exhibitions, shows, exhibi-
tion dances, dancing, vaudeville performances or music,
or any combination of the aforesaid acts, is maintained or
permitted.
(2) "Persons" include an individual, firm, corporation,
company, partnership, association, an unincorporated assoc-
iation and any person acting in a fiduciary capacity. (Ord.
1170 51, 1980: Ord. 470 S1A, 1967).
36 (Tukwila 11/80)
'Sc08.020 - -5 .08.060
5.08.020 Chapter exemption. This chapter shall not
apply to any person conducting or engaging in a business
providing entertainment or amusement where any admission or
similar charges therefor are to be used exclusively for
charitable, eleemosynary, eductional or religious purposes.
(Ord. 470 §1B, 1967) .
5.08.030 License required - -Fee. It is unlawful to
conduct, open up, manage or operate or maintain any cabaret
as defined in Section 5.08.010 within the city without a
valid and subsisting license to do so to be known as the
"cabaret license;" The annual license fee therefor shall be
three hundred dollars; The license fee for a period of less
than a year shall be at the rate of seventy -five dollars for
each quarterly period; Each such license shall be nonassign-
able, nontransferable and the fee paid shall be nonrefundable.
(Ord. 470 §2, 1967).
5.08.040 License application procedure. An applicant
for a cabaret license shall make application therefor on
forms provided by the city clerk, to the office of the city
clerk, who shall thereupon submit such application to the
license committee chairman and chief of police for proper
investigation, including the location and size of the premises
to be so licensed and the personal background of the applicant,
and that all information submitted by said applicant in his
application is true and correct. No cabaret license shall
be granted to any person when such place of business is lo-
cated within five hundred feet of any playground or park, or
any elementary or high school or the grounds thereof. After
such investigation by the license committee chairman and
chief of police, and upon their recommendation to grant such
a license, the city clerk shall issue same to the applicant.
All license fees shall be paid to the city clerk at the time
any application is submitted. (Ord. 470 §3, 1967).
5.08.050 List of corporate members. Each application
for a cabaret license or for a renewal or transfer made by
or on behalf of a corporation, association or partnership,
shall include a list of the names and addresses of all di-
rectors, officers and shareholders of the corporation, or the
names and addresses of all partners and associates, as the
case may be, and if at any time changes of said personnel
occur, the list shall forthwith be amended by notice in writ-
ing filed with the city clerk, and failure to comply with
this section shall be an additional ground for suspension or
revocation of any such license. (Ord. 470 §4, 1967).
5.08.060 Employee and customer age restriction. It is
unlawful for the owner, proprietor or person in charge of a
37
5.08.070
cabaret, when intoxicating beverages are sold to employ as
an entertainer or servant in such place any person who is
not at least twenty -one years of age and of good moral char-
acter.
It is also unlawful for the owner; proprietor or person
in charge of a cabaret where intoxicating beverages or liquor
are sold to allow any person who is not at least twenty -one
years of age within the premises. (Ord. 470 §5, 1967).
5.08.070 Violations on premises -- License cancellation,
revocation or suspension. It is unlawful to give, or permit
the giving of, in any cabaret, any entertainment or exhibition
of a lewd, suggestive, vulgar or immoral nature, or to use
therein any indecent, vulgar or obscene language; no person
shall frequent or loiter within any such establishment with
a purpose of soliciting other persons to purchase drinks, and
no proprietor or operator of any such establishment shall allow
the presence in such establishment of any person who violates
the provisions of this section.
It is unlawful for anyone to appear in any cabaret in a
state of nudity or in any indecent or lewd dress, or make any
indecent exposure of his or her person or to expose his or her
private parts to public view, or be guilty of any lewd acts
or behavior.
(a) "Nudity" and "indecent exposure ", as used in this
section, means the showing of the human male or female genitals,
pubic area or buttocks or the human male or female breasts,
including the nipple or any portion of the breast below the
nipple with less than a full opaque covering.
(b) It shall be the duty of the chief of police, or his
duly authorized representative, to regularly inspect and police
all such premises licensed hereunder to assure compliance with
all rules and regulations of the city of Tukwila, including
the provisions of this chapter. In the event that the chief
of police, or his duly authorized representative, determine
after due investigation that a violation has occurred, then
he may cancel, revoke or suspend any license issued hereunder;
any such suspension, however, shall not exceed a period of
thirty days and all such actions and notices shall be in writ-
ing.
The holder of any such cabaret license may, after such sus-
pension, revocation or cancellation, appeal the decision of the
chief of police or his duly authorized representative, unto the
city council by filing written notice thereof with the city
clerk within seven days after such action. Thereafter the
council shall, within thirty days, after such notice or appeal,
fix a date of hearing which shall be at a regular meeting of
the city council.
38 (Tukwila 6/15/73)
5.08.080
(c) Adjudication that any portion of this chapter is
unconstitutional shall have no effect upon the validy and
enforceability of the remaining portions thereof. (Ord. 762,
1973: Ord. 470 §6, 1967).
5.08.080 Complaint investigation -- Monthly inspection.
The chief of police or his duly authorized representative
shall promptly investigate all complaints against any es-
tablishment, operator or manager holding a cabaret license
and shall inspect at least monthly all of such establishments
so licensed within the city and furnish a report thereof to
the city council. (Ord. 470 §7, 1967).
38 -1 (Tukwila 6/15/73)
Sections:
5.12.010
5.12.020
5.12.030
5.12.040
5.12.050
5.12.060
5.12.070
5.12.080
5, 9.090 -- 5.12.010
5.08.090 Licensee duty to enforce standards. It shall
be the duty of each licensee to enforce all standards of
decency and good taste and that disorderly or objectionable
conduct or displays are prohibited; and to take effective and
immediate steps to remove all objectionable persons and to
stop objectionable practices. so that no performance, exhibi-
tion, show, exhibition dancing or related activities shall
be in any way detrimental to the public peace, health, wel-
fare or morals. (Ord. 470 §8, 1967).
5.08.100 License posting. All licenses issued here-
under shall be posted in a conspicuous place in the estab-
lishment of the licensee. (Ord. 470 §9, 1967).
5.08.110 Hours of operation -- Penalty for violation.
A. It shall be unlawful for the owner, proprietor or person
in charge of a cabaret to maintain or permit any dancing or
music on the premises of the cabaret between the hours of
two a.m. and eight a.m.
B. Any person violating this section shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine not to exceed five hundred dollars,
by imprisonment not exceeding ninety days, or by both such
fine and imprisonment. A separate offense shall be deemed
committed upon each day on which a violation occurs. (Ord.
1170 §2, 1980).
Chapter 5.12
SOLICITORS, PEDDLERS, HAWKERS, ITINERANT
MERCHANTS AND ITINERANT VENDORS
Nuisance declared.
Permit required.
Permit application.
Application approval.
Permit fee.
Carrying permit required.
Fee exemption.
Roadside sale or solicitation prohibited.
5.12.010 Nuisance declared. The practice of going in
and upon private residences in the city, by solicitors, ped-
dlers, hawkers, itinerant merchants and transient vendors of
merchandise, not having been requested or invited so to do
by the owner or owners, occupant or occupants of the private
residences, for the purpose of soliciting orders for the sale
39 (Tukwila 11/80)
ATTACHMENT D
PROPOSED ADULT ENTERTAINMENT USE ORDINANCE
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO.
AN ORDIANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING
REGULATIONS FOR ADULT ENTERTAINMENT USES, AMENDING SECTION
18.06.825 OF THE TUKWILA MUNICIPAL CODE TO DEFINE "ADULT
ENTERTAINMENT ESTABLISHMENTS ", ADDING A NEW SUBSECTION
18.42.020(7) TO THE TUKWILA MUNICIPAL CODE TO ALLOW ADULT
ENTERTAINMENT FACILITIES TO LOCATE IN THE M -2 (HEAVY INDUSTRY)
DISTRICT AND AMENDING SECTION 18.30.020(33) RELATING TO THEATERS
IN C -2 ZONING DISTRICTS.
WHEREAS, the City of Tukwila Planning Commission conducted several public
hearings at which it heard testimony, reviewed exhibits, and deliberated on
the issue of appropriate land use regulations governing adult entertainment
establishments in the City of Tukwila, and
WHEREAS, as a result of said deliberation, the Planning Commission adopted
findings and conclusions and formulated a recommendation to the City Council,
and
WHEREAS, having held further public hearings on the matter and having
considered the record before the Planning Commission and the recommendations
of that body, the City Council concurred with those recommendations and
adopted findings and conclusions, now, therefore,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Adult Entertainment Establishments Defined. Section 18.06.825
of the Tukwila Municipal Code is hereby amended to read as follows:
18.06.825 Adult Entertainment Establishments.
A. "Adult entertainment establishments" means adult motion picture
theaters, adult drive -in theaters, adult bookstores, adult
carbarets, adult video stores, adult retail stores, adult
massage parlors, adult sauna parlors or adult bathhouses, which
are defined as follows:
1. "Adult bathhouse" is a commercial bathhouse which excludes
any person by virtue of age from all or any portion of the
premises.
2. "Adult bookstore" is a retail establishment in which:
a. Twenty percent or more of the "stock in trade"
consists of books, magazines, posters, pictures,
periodicals or other printed materials distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual
activities" or "specified anatomical areas "; and
3012C1
b. any person is excluded by virtue of age from all or
part of the premises generally held open to the public
where such material is displayed or sold.
3. "Adult cabaret" is a commercial establishment which
presents go-go dancers, strippers, male or female
impersonators, or similar entertainers and which excludes
any person by virtue of age from all or any portion of the
premises.
4. "Adult massage parlor" is a commercial establishment in
which massage or other touching of the human body is
provided for a fee and which excludes any person by virtue
of age from all or any portion of the premises in which
such service is provided.
5. "Adult motion picture theater" is a building, enclosure, or
portion thereof, used for presenting material distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons
therein.
6. "Adult retail store" is a retail establishment in which:
a. Twenty percent or more of the "stock in trade"
consists of items, products or equipment distinguished
or characterized by an emphasis on or simulation of
"specified sexual activities" or "specified anatomical
areas "; and
b. any person is excluded by virtue of age from all or
part of the premises generally held open to the public
where such items, products or equipment are displayed
or sold.
7. "Adult sauna parlor" is a commercial sauna establishment
which excludes any person by virtue of age from all or any
portion of the premises.
8. "Adult video store" is a retail establishment in which:
a. Twenty percent or more of the "stock in trade"
consists of prerecorded video tapes, disks, or similar
material distinguished or characterized by an emphasis
on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical
areas "; and
b. any person is excluded by virtue of age from all or
any part of the premises generally held open to the
public where such prerecorded video tapes, disks or
similar material are displayed or sold.
B. "Specified anatomical areas" means:
1. Less than completely and /or opaquely covered human
genitals, pubic region, buttock, or female breast below a
point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state even if
completely or opaquely covered.
- 2 -
C. "Specified sexual activities" means:
1. Acts of human masturbation, sexual intercourse or sodomy; or
2. Fondling or other erotic touching of human genitals, pubic
region, buttock or female breast; or
3. Human genitals in a state of sexual stimulation or arousal.
D. "Stock in trade" means:
1. The dollar value of all products, equipment, books,
magazines,' posters, pictures, periodicals, prerecorded
video tapes, discs, or similar material readily available
for purchase, rental, viewing or use by patrons of the
establishment, excluding material located in any store room
or other portion of the premises not regularly open to
patrons; or
2. The number of titles of all products, equipment, books,
magazines, posters, pictures, periodicals, other printed
materials, prerecorded video tapes, discs, or similar
material readily available for purchase, rental, viewing or
use by patrons of the establishment, excluding material
located in any store room or other portion of the premises
not regularly open to patrons.
Section 2. Adult Entertainment Establishments allowed in M -2 District. A
new subsection 18.42.020(7) is hereby added to the Tukwila Municipal Code to
read as follows:
3012C1
(7) Adult entertainment establishments, subject to the following
location restrictions:
A. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or
zones, whether such uses, areas or zones are located within or
outside the City limits;
1. In or within 1,000 feet of any R -1, R -2, R -3, R -4, or RMH
zone district or any other residentially zoned property;
2. In or within one -half mile of:
a. public or private school with curricula equivalent to
elementary, junior or senior high schools, or any
facility owned or operated by such schools; and
b. care centers, preschools, nursery schools or other
child care facilities.
3. In or within 1,000 feet of:
a. public park, trail, or public recreational facility; or
b. church, temple, synagogue or chapel; or
c. public library.
3012C1
B. The distances specified in subsection A shall be measured by
following a straight line from the nearest point of the property
parcel upon which the proposed use is to be located, to the
nearest point of the parcel• of property or land use district
boundary line from which the proposed land use is to be
separated.
Section 3. Theaters in C -2 Districts. Section 18.30.020(33) of the
Tukwila Municipal Code is hereby amended to read as follows:
(33) Theaters, except those theaters which constitute "adult
entertainment establishments" as defined by this Code.
Section 4. Nonconforming Uses. A new section 18.70.110 is hereby added
to the Tukwila Municipal Code to read as follows:
18.70.110 Nonconforming Adult Entertainment Establishments.
Notwithstanding any other provision of this Chpater, any adult
entertainment use or establishment which is rendered nonconforming by
the provisions of Ordinance of the City shall be terminated or
discontinued within 90 days from the effective date of that
ordinance.
Section 5. Severability. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 6. Effective Date. This ordinance shall take effect and be in
full force five (5) days after publication of the attached summary which is
hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this day of , 1988.
ATTEST /AUTHENTICATED:
CITY CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
APPROVED:
MAYOR, GARY L. VANDUSEN
- 4 -
C_URae-t41
ZONING
AN.OIJING
ADUi.i
DU6I 6
PROPOSED
El = FM*. gnu
D P FAMLY RESICENTWL
W R•I -n
LE FMALY RESDENTIAL
R -2
TMO FAMILY RESCENTWL
Taal AND FO.A RAW RESCENTIAL
L APARTMENTS
ML PLE RESOFliE MCti DENSITY
P-0
PWFESS NAL AND ORME
C -I
Li NEert:4Rn= RETA/-
C•2
REGIONAL PIETA&
C -P
PLANNED ELJEIP SS CENTER
IIND PARK
M-1
LIGHT PCX STRY
M-2
PEAKY te.aSTRY
ATTACHMENT E
TUKWILA ZONING MAP
ADULT BUSINESS
CITY OF TUKWILA
ZONING
r .
ZON 1144
C.- .2
G- P
M
M - I
M -2-
TofA I-
A GRES
/31.93
.'75.03
394.A/
(01.88
taSI.?/
w.y N
ADOP1iD M C10rMK4 %Ursa. iL
CPI i 1RIn or o k .. got
-
9 � L r M M 13 / f Y y l th.IMa
Anima, OIT� vile
WHEREAS, the City of Tukwila Planning Commission conducted several public
hearings at which it heard testimony, reviewed exhibits, and deliberated on
the issue of appropriate land use regulations governing adult entertainment
establishments in the City of Tukwila, and
WHEREAS, as a result of said deliberation, the Planning Commission adopted
findings and conclusions and formulated a recommendation to the City Council,
and
WHEREAS, having held further public hearings on the matter and having
considered the record before the Planning Commission and the recommendations
of that body, the City Council concurred with those recommendations and
adopted findings and conclusions, now, therefore,
Section 1. Adult Entertainment Establishments Defined. Section 18.06.825
of the Tukwila Municipal Code is hereby amended to read as follows:
3012C1
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO
AN ORDIANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING
REGULATIONS FOR ADULT ENTERTAINMENT USES, AMENDING SECTION
18.06.825 OF THE TUKWILA MUNICIPAL CODE TO DEFINE "ADULT
ENTERTAINMENT ESTABLISHMENTS ", ADDING A NEW SUBSECTION
18.42.020(7) TO THE TUKWILA MUNICIPAL CODE TO ALLOW ADULT
ENTERTAINMENT FACILITIES TO LOCATE IN THE M -2 (HEAVY INDUSTRY)
DISTRICT, AMENDING SECTION 18.30.020(33) RELATING TO THEATERS IN
C -2 ZONING DISTRICTS, AND ADDING A NEW SECTION 18.70.110 TO THE
TUKWILA MUNICIPAL CODE REGARDING NONCONFORMING ADULT
ENTERTAINMENT ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS:
18.06.825 Adult Entertainment Establishments.
A. "Adult entertainment establishments" means adult motion picture
theaters, adult drive -in theaters, adult bookstores, adult
carbarets, adult video stores, adult retail stores, adult
massage parlors, adult sauna parlors or adult bathhouses, which
are defined as follows:
1. "Adult bathhouse" is a commercial bathhouse which excludes
any person by virtue of age from all or any portion of the
premises.
2. "Adult bookstore" is a retail establishment in which:
a. Ten percent or more of the "stock in trade" consists
of books, magazines, posters, pictures, periodicals or
other printed materials distinguished or characterized
by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or
"specified anatomical areas "; and
1
0rdinanc „,codified as recommemded
by the Planning Commission
3012C1
b. any person is excluded by virtue of age from all or
part of the premises generally held open to the public
where such material is displayed or sold.
3. "Adult cabaret" is a commercial establishment which
presents go -go dancers, strippers, male or female
impersonators, or similar entertainers and which excludes
any person by virtue of age from all or any portion of the
premises.
4. "Adult massage parlor" is a commercial establishment in
which massage or other touching of the human body is
provided for a fee and which excludes any person by virtue
of age from all or any portion of the premises in which
such service is provided.
5. "Adult motion picture theater" is a building, enclosure, or
portion thereof, used for presenting material distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons
therein.
6. "Adult retail store" is a retail establishment in which:
a. Ten percent or more of the "stock in trade" consists
of items, products or equipment distinguished or
characterized by an emphasis on or simulation of
"specified sexual activities" or "specified anatomical
areas "; and
b. any person is excluded by virtue of age from all or
part of the premises generally held open to the public
where such items, products or equipment are displayed
or sold.
7. "Adult sauna parlor" is a commercial sauna establishment
which excludes any person by virtue of age from all or any
portion of the premises.
8. "Adult video store" is a retail establishment in which:
a. Ten percent or more of the "stock in trade" consists
of prerecorded video tapes, disks, or similar material
distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas "; and
b. any person is excluded by virtue of age from all or
any part of the premises generally held open to the
public where such prerecorded video tapes, disks or
similar material are displayed or sold.
B. "Specified anatomical areas" means:
1. Less than completely and /or opaquely covered human
genitals, pubic region, buttock, or female breast below a
point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state even if
completely or opaquely covered.
- 2 -
3012C1
C. "Specified sexual activities" means:
1. Acts of human masturbation, sexual intercourse or sodomy; or
2. Fondling or other erotic touching of human genitals, pubic
region, buttock or female breast; or
3. Human genitals in a state of sexual stimulation or arousal.
D. "Stock in trade" means:
1. The dollar value of all products, equipment, books,
magazines, posters, pictures, periodicals, prerecorded
video tapes, discs, or similar material readily available
for purchase, rental, viewing or use by patrons of the
establishment, excluding material located in any store room
or other portion of the premises not regularly open to
patrons; or
2. The number of titles of all products, equipment, books,
magazines, posters, pictures, periodicals, other printed
materials, prerecorded video tapes, discs, or similar
material readily available for purchase, rental, viewing or
use by patrons of the establishment, excluding material
located in any store room or other portion of the premises
not regularly open to patrons.
Section 2. Adult Entertainment Establishments allowed in M -2 District. A
new subsection 18.42.020(7) is hereby added to the Tukwila Municipal Code to
read as follows:
(7) Adult entertainment establishments, subject to the following
location restrictions:
A. No adult entertainment establishment shall be allowed within the
following distances from the following specified uses, areas or
zones, whether such uses, areas or zones are located within or
outside the City limits;
1. In or within 1,000 feet of any R -1, R -2, R -3, R -4, or RMH
zone district or any other residentially zoned property;
2. In or within one -half mile of:
a. public or private school with curricula equivalent to
elementary, junior or senior high schools, or any
facility owned or operated by such schools; and
b. care centers, preschools, nursery schools or other
child care facilities.
3. In or within 1,000 feet of:
a. public park, trail, or public recreational facility; or
b. church, temple, synagogue or chapel; or
c. public library.
3
B. The distances specified in subsection A shall be measured by
following a straight line from the nearest point of the property
parcel upon which the proposed use is to be located, to the
nearest point of the parcel of property or land use district
boundary line from which the proposed land use is to be
separated.
Section 3. Theaters in C -2 Districts. Section 18.30.020(33) of the
Tukwila Municipal Code is hereby amended to read as follows:
(33) Theaters, except those theaters which constitute "adult
entertainment establishments" as defined by this Code.
Section 4. Nonconforming Uses. A new section 18.70.110 is hereby added
to the Tukwila Municipal Code to read as follows:
18.70.110 Nonconforming Adult Entertainment Establishments.
Notwithstanding any other provision of this Chpater, any adult
entertainment use or establishment which is rendered nonconforming by
the provisions of Ordinance of the City shall be terminated or
discontinued within 90 days from the effective date of that ordinance.
Section 5. Severabilitv. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
Section 6. Effective Date. This ordinance shall take effect and be in
full force five (5) days after publication of the attached summary which is
hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this day of , 1988.
ATTEST /AUTHENTICATED:
CITY CLERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
3012C1
APPROVED:
MAYOR, GARY L. VANDUSEN
- 4 -
SUMMARY OF ORDINANCE NO.
AN ORDIANCE OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING
REGULATIONS FOR ADULT ENTERTAINMENT USES, AMENDING SECTION
18.06.825 OF THE TUKWILA MUNICIPAL CODE TO DEFINE "ADULT
ENTERTAINMENT ESTABLISHMENTS ", ADDING A NEW SUBSECTION
18.42.020(7) TO THE TUKWILA MUNICIPAL CODE TO ALLOW ADULT
ENTERTAINMENT FACILITIES TO LOCATE IN THE M -2 (HEAVY INDUSTRY)
DISTRICT, AMENDING SECTION 18.30.020(33) RELATING TO THEATERS IN
C -2 ZONING DISTRICTS, AND ADDING A NEW SECTION 18.70.110 TO THE
TUKWILA MUNICIPAL CODE REGARDING NONCONFORMING ADULT
ENTERTAINMENT ESTABLISHMENTS.
On , 1988, the City Council of the City of
Tukwila passed Ordinance No. which provides as follows:
Section 1. Amends Section 18.06.035 of the Tukwila Municipal Code to
define "Adult Entertainment Establishments ".
Section 2. Adds a new subsection 18.42.020(7) to the Tukwila Municipal
Code to allow adult entertainment establishments to locate in M -2 (heavy
industry) districts subject to certain restrictions.
Section 3. Amends Section 18.30.020(33) of the Tukwila Municipal Code
relating to theaters allowed in C -2 zoning districts.
Section 4. Adds a new section 18.70.110 to the Tukwila Municipal Code
regarding nonconforming adult entertainment establishments.
Section 5. Provides for severability.
Section 6. Establishes an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
3012C1
Approved by the City Council at their meeting of
, 1988.
MAXINE ANDERSON, CITY CLERK
- 1 -
NAME OF
CITY
Des Moines HC - Highway 65
Commercial acres
Auburn
Kent
Renton
Seattle
King
County
(25 /TBL.ADULT)
SURROUNDING AREA ZONING FOR ADULT ENTERTAINMENT USES
APPROX.
ZONING CODE ACREAGE PERTINENT INFORMATION
Any commercial Unknown Allowance of 1,000 feet required if
zone if not located near any residential, single or
prohibited by multiple - family residential use; one mile
restrictions of any public or private school; 1,000
feet of any public park or recreation
facility.
GC - General
Commerce
Any commercial 75
zone if not acres
prohibited by
restrictions
(generally lo-
cated in B -1,
Business Dist.)
Downtown Office 3 Adult motion picture theater reviewed
Core 1 and 2; acres and approved by planning staff on
Downtown Retail individual basis.
Commercial
areas unless
otherwise
prohibited
50
acres
Attachment F
Allowance of 500 feet required if located
near churches, common schools, day care
centers, public facilities; adult motion
picture theaters or other adult
entertainment facilities.
Allowance of 1,000 feet of anv
residential, single or multiple family
residential use; 1,000 feet of any public
or private school; 1,000 feet of any
church or religious facility or
institution; 1,000 feet of any public
park.
Allowance of 1,000 feet of any
residential, single or multiple - family
residential use zone; 1,000 feet of any
public or private school; 1,000 feet of
any church or other religious facility or
institution; 1,000 feet of any public
park or P -1 zone.
Unknown No restrictions other than those imposed
by state.
(03/17/88)
City of u[c.krrt[a
6200 Southcenter Boulevard
Tukwila 1Vashinc on 0 6166
February S, 1982
TO: Bud Bohrer, Council President
FROM: Brad Collins, Planning Director
SUBJECT: Regulation of "Adult Motion Picture Theaters"
The Planning Department staff has obtained and reviewed the City of Renton
,ordinance dealing with "Adult Motion Picture Theaters, a copy of which is
attached. As you may know, Renton's ordinance has recently withstood legal
challenge by a prospective adult theater operator.
Renton's ordinance is broken into two essential parts. The first part de-
fines an "adult motion picture theater" by specifying what such activities
show or do not show through their visual media. The second part then
specifies the area(s) where these theaters are not permitted; these areas
are defined by a series of circles drawn at varying radii from certain uses
or districts, such as residential and educational uses. This second section
also describes the manner in which the circles are measured on a map.
The City Council has recently expressed a desire to regulate such businesses
in Tukwila so as to avoid future problems. Renton's ordinance seems to be
relevant to our situation, and we could easily borrow substantial portions
of it. Staff offers the following language for inclusion in the draft
zoning ordinance:
ADD TO:
Section 18.06.825 Theater, adult motion picture. A structure used for
presenting motion picture films, video cassettes, cable television, or any
other such visual media, distinguished or characterized by an emphasis on
matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas" as defined below:
(1) "Specified Sexual Activities ": (a) Human genitals in a state of
sexual stimulation or arousal; (b) Acts of human masturbation, sexual inter-
course, or sodomy; (c) Fondling or other erotic touching of human genitals,
pubic region, buttock, or female breast.
(2) "Specified Anatomical Areas ": (a) Less than completely and
opaquely covered human genitals, pubic region, buttock, and female breast
below a point immediately above the top of the areola; and (b) Human male
genitals in a discernibly turgid state, even if completely and opaquely
covered.
Memorandum to Bud Bohrer
From: Brad Collins
ADD TO:
Section 18.30.020 FrincipaZZz' renitted uses.
(29) Theaters, provided; that adult motion picture theaters are
prohibited within the area circumscribed by a circle which has a radius
consisting of the following distances from the following specified uses
or zones:
(a) Within or within one thousand (1000) feet of any R - 1, R - 2,
R - 3, R -4, or R IH zone district;
(b) One -half mile of any public or private school with curricula
equivalent to elementary, junior, or senior high schools;
(c) Cne thousand (1000) feet of any public park.
(d) The distances specified in (a), (b), and (c), above, shall
be measured by following a straight line from the nearest point of the
property parcel upon which the proposed use is to be located, to the
nearest point of the parcel of property or the land use district
boundary line from which the proposed Zand use is to be separated.
The above language integrates both sections of the City of Renton ordinance"
into the proposed Tukwila code with, of course, minor modifications to the
locational criteria. If it is the desire of the City Council to also regu-
late the location of other related uses, such as adult book stores, staff
would urge that it be accomplished within the same context.
BC/ibm
cc: Mayor Todd
MF #81 -4 -CA
page -2-
APPL CA ON
DATE
FILE NUMBER
PROJECT NAME
ADDRESS
APPLICANT
FILE
CROSS REFERENCE I ACTION
1/22/88
88 -1 -CPA
FIRE DISTRICT NO. 1
ANNEXATION
CITY OF TUKWILA
88 -1 -CPA
4/4/88
88 -2 -CPA
SCHNEIDER ANNEXATION
S. OF 178TH & E. OF 1 -5
GERALD E. SCHNEIDER
EPIC -12 -88
88 -2 -A
88 -3 -CPA
RIVERTON ANNEXATION
ANNEXATION AREA
CITY OF TUKWILA
[ 88 -1 -A /Sg_ - 2
7/19/88
88 -4 -CPA
THORNDYKE ANNEXATION
144TH ON NORTH, 99 ON WEST 160TH ON
SOUTH, CITY LIMITS ON EAST
CITY OF TUKWILA
88 -4 -A
EPIC -14 -88
10/17/88
88 -5 -CPA
FOSTER ANNEXATION
ANNEXATION AREA
CITY OF TUKWILA
88 -3 -A
/
COMP PLAN AMENDMENT 1988
�cx- L4e
C..-2
112.71
C.-P
12.G.2.1
C,-M
157. 03
M- I
241. II
M -2-
43G.
- rarat,
1025.27
,ProPobeiD
• GTNGLE FAMLY
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