HomeMy WebLinkAboutSEPA EPIC-02-88 - CITY OF TUKWILA - ADULT ENTERTAINMENT ORDINANCE / CODE AMENDMENTADULT ENTERTAINMENT ORDINANCE / ZONING CODE AMENDMENT
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
REVIEW REGULATION TO RESTRICT USE TO M -2 INDUSTRIAL ZONE
CITY OF TUKWILA
EPIC 2 -88 EPIC-02-88
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
SUPPLEMENTAL
Staff Report
Adult Entertainment
HEARING DATE: June 14,1990
FILE NUMBER: 90 -1-CA
APPLICANT: City of Tukwila
REQUEST: Revision of Adult Entertainment Ordinance
SEPA
DETERMINATION: Amended DNS
ATTACHMENTS: (A) Bibliography
(B) Survey of area video rental outlets.
(C) Synopsis of Zoning Acreage.
(D) Amended Adult Business Ordinance
(E) Tukwila Zoning Map (Submitted at Public Hearing)
SUPPLEMENTAL ST• REPORT
90 -1 -CA
Page 2
FINDINGS
BACKGROUND
In 1980, following the Supreme Court decision in Playtime Theatres Inc. v. City of
Renton, the City of Tukwila Adult Entertainment ordinance was drafted. The suc-
cess of the City of Renton ordinance, which restricted adult uses to specific zones,
provided a pattern for Tukwila's Adult Entertainment Ordinance. The City was
taking a pro -active approach to this controversial issue.
Since 1980 the City has changed dramatically. During the past two years especially,
there has been tremendous growth in both population, land area and economic
activity. In 1988 the time came to address some of these changes in the community
in .a new ordinance. The Planning Division staff began preparation of an ordinance
establishing new zoning standards for adult business uses. March 7, 1988, a Staff
Report was prepared outlining the criteria and background for such action. Staff
recommended the adoption of a new ordinance relating to the zoning of adult
entertainment uses.
The City Council passed Ordinance No. 1465 on June 6, 1988 amending Sections
18.06.035 of the Tukwila Municipal Code to define "Adult Entertainment Establish-
ments", adding a new subsection, 18.42.020(7), allowing adult entertainment estab-
lishments to locate in M -2 (heavy industry) districts subject to certain restrictions.
The, ordinance also amended Section 18.30.020(33) relating to theaters in a C -2 zone
and added a new section, 18.70.010, regarding nonconforming adult entertainment
establishments.
On October 26, 1989, Hon. Mary Wicks Brucker, Judge of the Superior Court,
declared Ordinance No. 1465 unconstitutional.
The Court was apparently troubled by the 10 percent "stock -in- trade" provisions of
certain adult use definitional sections, in that the City "had the opportunity to study
the actual effects of an adult entertainment business within its confines and failed to
do so ", and that, consequently, the Ordinance failed "to afford adult entertainment
establishments a reasonable opportunity to conduct business in the City of Tuk-
wila."
Of primary concern to many communities has been the compatibility of these uses
and their associated impacts when in close proximity to residential zones. These
concerns were documented in Northend Cinema v. City of Seattle (1978), as refer-
enced in the March 1988 report. The impact on the Greenwood neighborhood, as
demonstrated, provided the basis for a decision in favor of the City of Seattle. In
Young v. American Mini Theaters (1976), the United States Supreme Court initially
established that the state has a legitimate right to differentiate adult movie theaters
from other movie theaters because of those impacts.
SUPPLEMENTAL STA REPORT • 90 -1 -CA
Page 3
Since the Superior Court's decision in our case, the planning staff has completed
additional research to ensure that the proposed amendments to the zoning code
comply with the Court's ruling.
The entire issue may best be summarized in the concluding statement from a simi-
lar report prepared by the League of Oregon Cities and the Bureau of Governmental
Research and Service at the University of Oregon in February, 1985;
"A local government may save considerable time, money and controversy by care-
fully preparing to meet adult business issues before major community incidents
occur. Although adult businesses enjoy certain constitutional protections, commu-
nities can, through business licensing and /or land use regulation, ensure that the
tangible, negative impacts of such businesses are minimized."
The March 1988 Staff Report reviewed the legal history and land use aspects of adult
entertainment zoning. This supplemental staff report adds additional information
and review to the 1988 report. In summary, the experience of other jurisdictions
regarding the impact on crime, property values, and land use compatibility has
shown that the negative impacts of adult entertainment uses have quantifiable and
identifiable consequences.
DISCUSSION
Decision Criteria
Tukwila Municipal Code, 18.80.010, states that the "council may amend, change,
modify or repeal regulations and restrictions as established in this title... ". Further
more, any "change in the maps or text of this title...shall be refereed by the council to
the city planning commission. The commission, after due public notice and hear-
ing, shall submit a report to the council containing its recommendations thereon."
(Ord. 1247 sl(part), 1982).
Additional information has been gathered and reviewed. Primary research was
conducted at the Municipal Research and Services Center library. Interviews have
also been conducted with Andrea Vangor, Executive Director of Washington
Together Against Pornography and Gerard J. Scheehan, Legislative Director for the
American Civil Liberties Union of Washington. This additional data has assisted in
review of the ordinance' need to meet judicial scrutiny.
New data also provided additional examples from other cities in the region who
have established adult zoning designations. The cities of Edmonds, Everett, Lynn-
wood and Issaquah have each taken an approach similar to Seattle's by establishing
some form of adult use zoning designations.
SUPPLEMENTAL STA. REPORT
•
90 -1-CA
Page 4
It has been the concern of the Courts that any attempt to regulate the location of
adult businesses not infringe on protected First Amendment rights. In redrafting
the ordinance, care has been taken to address those issues. The intent again, is not
to regulate the content of adult entertainment, but to locate those uses in a more
compatible environment to their potential impact.
Adult Entertainment Uses -- Impact on Criminal Activity
From our own experience in Tukwila, we know that the presence of adult business
uses created a paradox with respect to criminal activity. Our data shows that crimi-
nal activity increases fairly dramatically in and around adult business uses when
compared to adjoining retail uses, but much of that criminal activity goes unre-
ported because it is consensual in nature. The paradox, then , is that although crim-
inal activity increases when adult business uses are introduced, reported criminal
activity is actually similar to that generated by other retail uses.
For .example, the deposition and trial testimony in the World Wide Video v. City of
Tukwila case made clear that employees at the World Wide Video establishment are
aware that both self- masturbation and masturbation of others occur in the peep
show booths. Employees there have had to clean semen from the various booths.
This fairly graphic testimony was confirmed by a patron of World Wide Video, who
was in the process of masturbating in a peep show booth. By pure coincidence, a
Tukwila Police officer on routine business inspection happened to observe the
patron in the act. The patron further testified that another patron in an adjoining
peep show booth was able to make contact with the first patron's genitals through
an opening in the partition separating the two booths. Although the above testi-
mony unambiguously describes criminal conduct, Tukwila Police will only be able
to detect this type of activity when it is reported. Since the participants are engaging
in this activity by agreement, this activity goes unreported.
Established Legal Guidelines
One part of a four -part test established by the U.S. Supreme Court in United States v.
O'Brien (1968), states that any government interest must be "unrelated to a suppres-
sion of free expression ". This criteria has been reiterated in Young Northend Cin-
ema and Playtime Theaters Inc. v. City of Renton. The entire test set forth in
O'Brien states that "governmental regulation is sufficiently justified, despite its
incidental impact upon a First Amendment interest,
1) if it is within the constitutional power of the government;
2) if it furthers an important or substantial governmental interest;
3) if the government interest is unrelated to a suppression of free expression;
and
4) if the incidental restrictions on First Amendment freedom is no greater
than is essential to the furtherance of an interest."
SUPPLEMENTAL STA. REPORT
•
90 -1 -CA
Page 5
The O'Brien test points out the care with which an adult business zoning ordinance
must be drafted. As was stated in the March 1988 Staff Report;
"Regulation 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."
The four guidelines established by the courts, briefly stated, refer to:
1) the avoidance of overly tight zoning which might severely restrict use,
2) a factual record that regulations are truly zoning in intent,
3) no broad discretionary powers granted to public officials,
4) ordinances must be dear, especially in their definitions.
To meet these established precedents and guidelines, three major issues have been
identified regarding the previous ordinance to be addressed by the new ordinance.
Those issues are:
1) The percentage of adult material needed as "stock -in- trade" to be consid-
ered an adult business establishment.
2) The availability of adequate location possibilities to avoid restrictions that
could be considered an infringement of free speech.
3) Establishing an avenue for administrative appeal to the 90 day
"nonconforming use" abatement provisions.
Stock -in -Trade
In order to better establish what is the adult video market in Tukwila, a survey was
taken of 15 video rental stores in the City and surrounding area. Only one, World
Wide Video, was exclusively adult in its offerings. Excluding World Wide Video,
the range of adult video business started at 0% and topped at 33 %. The average per-
centage of adult video rentals to total business for the 11 stores that indicated a
percentage of adult video business was slightly more than 25 %. When World Wide
Video is excluded from that average it drops to slightly less than 18 %. The total
number of adult titles averaged slightly less than 10% of the entire number of titles.
Only one store did not carry any adult titles in stock.
In addition, The Attorney General's Commission on Pornography -Final Report,
July 1986 asked three questions of a similar nature. The Commission's survey
received responses from 2279 stores across the country which carried some sort of
adult material. The term "adult" was not explained or defined in the survey. The
SUPPLEMENTAL STA. REPORT
•
90 -1 -CA
Page 6
questions asked about gross dollar volume, percent of daily transactions and per-
centage of inventory in adult materials. 80% to 84% of the respondents indicated
they did 30% or less of their business in adult materials.
These surveys have been utilized as the rationale for changing the current 10%
stock -in -trade criteria for defining an adult business to 30% of stock -in- trade.
Zoning
The following illustration is helpful to understanding the next difference between
the revised Ordinance and Ordinance #1465.
By general categories of Single Family, Multi- Family and Industrial - Commercial the
City breaks down to this acreage;
Single Family 1,576 acres
Multi- Family 199 acres
Ind. -Comm. 2,730 acres
TOTAL 4,505 acres
The City of Tukwila utilizes cascading zoning. This allows a use from a less intense
zone to exist in a more intense zone while maintaining less intense uses exclusively
in those zones, such as single family zones. This technique allows a greater variety
of uses as zones become more intense. For example, a commercial use may exist in
an industrial zone.
The M -1 and CM zoning classifications are proposed additions to the M -2 zone as
areas in which adult businesses are permitted. By including these zones, an addi-
tional 1071 acres are added to the existing 1148 acres zoned M -2. The 1000 foot buffer
from residential zones and uses is retained. Under Ordinance No. 1465, adult enter-
tainment uses were outright permitted in M -2 zones. When the 1989 annexations
are considered, the M -2 zones constitute nearly one - quarter of the total area of the
City. Although the uncontroverted evidence at trial made clear that retail space is
available for lease in the M -2 zones, and that other retail outlets exist in the M -2
zones, Judge Brucker found that adult entertainment establishments were not
afforded a reasonable opportunity to locate in Tukwila.
As a general category, all commercial - industrial zones comprise 2730 acres. Adding
the M -1, CM and M -2 zones together brings the total acreage zoned to allow adult
businesses to 2219 acres. This comprises slightly less than half of all acreage in the
City. The map to be presented will help to illustrate this change more clearly along
with those areas excluded due to proximity to residential areas, schools, parks and
churches. Excluded areas will significantly reduce the 2219 acre total.
1
1
In summary, the additional research conducted has included Municipal Research
library study of other jurisdictions' experience, review of new and established legal
precedent, evaluation of criminal activity- in and around local adult businesses and
contact with interested parties in this issue. The key elements addressed through
the three recommended revisions to the City's Adult Entertainment Ordinance are;
1) Revised stock -in -trade definition to read 30% rather than 10 %, based on
local survey data and the survey used in the Attorney General's Report,
2) Proposed addition of the M -1 and CM zones to the M -2 zone,
3) Establish an avenue for administrative appeal for the conformance of
non - conforming adult uses.
It is important to reiterate that the pro -active approach historically taken by the City
has been positive and successful in dealing with this sensitive community issue.
The City should continue the same course of action, anticipating the continued
growth and change within community.
SUPPLEMENTAL STA. REPORT
•
90 -1 -CA
Page 7
Nonconforming Provisions
The appeal provision is established to help ensure that adult uses do not suffer eco-
nomic harm by virtue of the 90 -day nonconforming use provision. Although the
90 -day period has been upheld by the state Supreme Court in another case, the Court
made clear that the 90-day provision was reasonable there largely because the busi-
ness affected had no substantial unrecouped capital investment in the building and
it was able easily to avoid its lease. If, for example, an existing adult entertainment
business in Tukwila, owns its building, and has not yet recovered its investment
through depreciation and the like, a period longer than 90 days may be required.
Any appeal to the requirement for a non - conforming adult business to conform
must be made within 60 days of the effective date of the ordinance. Within 10 days
of receiving the notice of appeal, the City Clerk will schedule a hearing before the
designated hearings examiner. No more than 20 days following the receipt of the
notice of appeal the hearing will be scheduled. No more than 3 days after the hear-
ing a written decision by the hearing examiner will be issued. The hearings exam-
iner's decision is final unless appealed to the superior court within 20 days of the
hearing examiner's decision.
CONCLUSIONS
1
RECOMMENDATIONS
The planning staff recommends that the Planning Commission forward their rec-
ommendation to the City Council with their thoughts and comments concerning
this proposed ordinance.
ATTACHMENT A
BIBLIOGRAPHY
PUBLICATIONS
United States Department of Justice. Attorney General's Commission on
Pornography, Final Report July 1986 Volume I & II
Summary of the Report of the Attorney General's Commission, July 1986,
prepared by Morality in Media, INC.
Washington Together Against Pornography. Various materials including a
"Starter Kit ".
Citizens for Decency Through Law, Inc. Legal Aspects
"The Drive to make America Porn Free" U.S. News and World Report,
February 6, 1989
Comprehensive Plan Map, City of Auburn
Adult Use Zoning Study, November 1982, City of Kent
"Pornography: Federal Laws, But little Federal Enforcement" by Frank York,
Family Policy Insights, Vol. IV, No. 5, July 1986
"A Dandy Dispute ", Seattle Post - Intelligencer, March 22, 1990
Des Moines Adult Use Study, August 1984, R.W. Thorpe & Associates, Inc.
"Regulating Sex Businesses" by William Toner, ASPO Report #327, Planning
Advisory Service
"Porn Foes Force Showdown" by Marsha King, Seattle Times, October 13, 1988
"Kent May Crack Down on Pornographic Materials" by Lyle Price, Valley Daily
News, November 7, 1989
"Ruling Put Renton on Legal Map - The Forbes Decision: Two Years Later" by
Clyde Weiss, Valley Daily News, February 28, 1988
"Anti-Porn Wars Last Shots Still to be Fired: New Forms of Adult Shops Mean
New Laws" by Kathy Hall, Valley Daily News, February 28, 1988
Director's Report on Adult Entertainment, August 1989, Seattle Department of
Construction and Land Use
"Dealer Peddled Porn Across Northwest" by Eric Nalder, Seattle Times, August
18, 1985
"Some Explicit Material Linked to Crime Figure" by Peter Lewis, Seattle Times,
October 27,1986
"Crime -Ring Indictments Tied to Seattle" Staff /AP, Seattle Times, April 3, 1987
• •
"How May Local Governments Regulate 'Adult' Businesses ?" Local
Government Notes and Information, Urban Service Program of the League of
Oregon Cities and the Bureau of Governmental Research and Service,
University of Oregon, February 1985
"Zoning for Adults Only ", Zoning News, APA, August 1985
"Municipal Regulation of X -Rated Films and Sexually Oriented Businesses" by
Marsha Wolf, Esq. and Lewis Goldshore, Esq., New Jersey Municipalities,
February 1985
Memo -City of Spokane from City Manager, City Attorney, Director of Planning
to Mayor and Council, Re: Preliminary Report on Regulation of Adult
Entertainment Land Uses
ORDINANCES AND MUNICIPAL CODES
City of Kent Ord. 2687, KMC 15.02
City of Auburn AMC 18.74
City of Des Moines Ord. 655, DMMC 18.04
City of Renton RMC 4 -735
City of Poulsbo Ord. 84-18
City of Bothell Ord. 1170
City of Tacoma TMC 66.5 - 66.7, Ord 22205
City of Redmond Ord. 1120
City of Seattle SMC 6.27, 6.42, 23.47, 23.54, 23.84.030
City of Edmonds Ord. 2279
City of Issaquah Ord. 1701
City of Bellevue BMC 5.44, 20.20 -20.50
City of Lynnwood Ord. 1520
City of Mount Vernon Panoram Ord.
City of Everett Ord. 1303-86, 1197-85
COUNTY AND STATE REFERENCES
King County KCC 6.08
Pierce County Ord. 86 -119
Washington Administrative Code WAC 314-16 -125
• •
ATTACHMENT C
ACREAGE PER ZONE
Below are the estimated acres per zone as calculated from the 1" to 600' map using
the tracing method and planimeter.
VACANT
ZONE ACRES ACREAGE
RA 259 14
R1-20.0 35 461
R1-12.0 121 (all
R1-9.6 48 R-1
R1-7.2 1113 combined
R2 11 0
R3 70 20
R4 34 3
RMH 84
PO 51 6.6
C1 12 1.2
C2 294 63
CP 154
CM 570 6
MI 501 27
M2 1041 98
M2L 107 (both M2
TOTALS 4,505 699.8
Totals by general categories:
Single Family 1,576 acres
Multi-family 199 acres
Ind.-Comm. 2,730 acres
TOTAL 4,505 acres
ATTACHMENT B
ADULT VIDEO SURVEY
Initial:
Date:
Introduction:
"Hello, my name is with the City of Tukwila Planning Division. We
are conducting a survey of video stores in the City and surrounding area. Do you or
your manager have a few minutes to answer some questions about your business ?"
(If "no ", thank them and go on to next call.)
Confirm name, address and phone number of store:
Person answering questions:
Position with store:
What is the total square footage of your store (or devoted to video if store is 7 -11,
etc.)?
Total number of titles available for rent:
Do you carry adult (X- rated) titles? Yes ____No*
How many titles are adult (X- rated)?
Are they displayed on shelving or by catalog?
(If on shelving) What is the amount of square footage used for display?
Approximately what percent of your business is adult (X- rated) titles?
*If no adult videos are carried this ends the survey.
"Thank you for your time."
ATTACHMENT B
STORE
VIDEO SURVEY - ADULT VIDEOS
TOTAL ADULT % ADULT % OF TOTAL
TITLES TITLES OF TOTAL RENTALS -ADULT
1 600 600 100 100
2 4000 500 -700 13 -18 30
3 1500 N/A N/A N/A
4 N/A 200 N/A 20
5 4000 500 13 33
6 5000 200 -300 4-6 5
7 7000 600 9 10
8 4000 N/A N/A 10
9 5200 820 16 25
10 N/A N/A N/A N/A
11 2113 150 7 5
12 4000 N/A N/A N/A
13 2266 400 -500 18-22 30
14 3000 200 7 N/A
15 8000 200 3 10
AVG.
3898 397 -434 8.6 -9.4 25.27
(17.8 WHEN
W.W.V. EXCLUDED)
* Of the 15 stores called, 13 stated that they carried some adult titles. One store did
not carry any adult titles and one store was not sure how many or how much
business they do in them. Only one store carried exclusively adult titles.
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
MEMORANDUM
To: Epic File 2 -88
From: Martin Nordbsearch Analyst
Date: June 12, 1990
Re: Adult Entertainment Ordinance - SEPA DNS Amendment
This memo is added as a supplement to the SEPA checklist for EPIC
File 2 -88 to document changes made to the City of Tukwila's Adult
Entertainment Ordinance. The Environmental Checklist prepared
for the original Adult Entertainment Ordinance in 1988 determined
that there was no significant environmental impact. A
Determination of Non - Significance was issued at that time. The
changes noted below for the amended ordinance also have no
significant environmental impact.
These changes are based upon additional community and legal
research. They include:
1) the addition of the M -1 and CM zones to the M -2 zone as
zones allowing adult businesses,
2) revised stock in trade definition to read 30% rather than
10 %,
3) and establish a process for administrative appeal for
the conformance of non - conforming adult uses.
A Supplemental Staff Report has also been prepared to detail the
basis for these changes and is part of File 90 -1 -CA, code
amendment.
Reviewed by SEPA Official (initial
WAC 197 -11 -970
Description of Proposal
DETERMINATION OF NONSIGNIFICANCE
ADULT ENTERTAINMENT ORDINANCE
Proponent
PLANNING DEPARTMENT - CITY OF TUKWILA
Location of Proposal, including street address, if any
COVER THE ENTIRE CITY OF TUKWILA
THE ORDINANCF Wv L
Lead Agency: City of Tukwila File No. EPIC -2 -88
The lead agency for this proposal has determined that it does not have a probable
significant adverse impact on the environment. An environmental impact statement
(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the
lead agency. This information is available to the public on request.
There is no comment period for this DNS.
[l This DNS is issued under 197 -11- 340(2). Comments must be submitted by
. The lead agency will not act on this
proposal for 15 days from the date below.
Responsible Official Rick Beeler
Position /Title Planning Director
Phone 433 -1846
Address 6200 Southcenter Boulevard, Tukwi - A 98188 1
c,25 Date %i /� Signature
You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter
Boulevard, Tukwila, WA 98188 no later than 10 days from the above date by written
appeal stating the basis of the appeal for specific factual objections. You may be
required to bear some of the expenses for an appeal.
Copies of the procedures for SEPA appeals are available with the City Clerk and
Planning Department.
FM.DNS PUBLISHED VALLEY DAILY NEWS SUNDAY, MARCH 13, 1988
City o•
f Tukwila
PLANNING DEPARTMENT
6200 Southcenter Boulevard
Tukwila, Washington 98188
(206) 433 -1849
STAFF REPORT
rto the Planning Commission
Prepared March 7, 1988
HEARING DATE: March 24, 1988
FILE NUMBER: 88 -2 -CA: Adult Entertainment Ordinance
APPLICANT: City of Tukwila
REQUEST: Establishing regulations for Adult Entertainment Uses
SEPA
DETERMINATION: DNS issued on March 9, 1988
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
88 -2 -CA: Ad" Entertainment Ordinance
Page 2
FINDINGS
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 AND LOCAL LAWS REGULATING ADULT ENTERTAINMENT USES
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
•
88 -2 -CA: Adult Entertainment Ordinance
Page 3
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
Bookstore
Cabaret
Massage Parlor
Motion Picture Theater
Retail Store
Sauna Parlor
Video Store
C -1, C -2, C -P, C -M, M -1, M -2
C -1, C -2, C -P, C -M, M -1, M -2
C -2, C -P, C -M, M -1, M -2
C -2, C -P, C -M, M -1, M -2
C -2, C -P, C -M, M -1, M =2
C -1, C -2, C -P, C -M, M -1, M -2
C -1, C -2, C -P, C -M, M -1, M -2
C -1, C -2, C -P, C -M, M -1, M -2
* C -1 - Community Retail Business
C -2 - Regional Retail Business
C -P - Planned Business Center
C -M - Industrial Park
M -1 - Light Industry
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
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 shoved
STAFF REPORT to the
Planning Commission
•
88 -2 -CA: Adult Entertainment Ordinance
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,
STAFF REPORT to the 41/ 111
88 -2 -CA: Adult Entertainment Ordinance
Planning Commission 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
411 411
88 -2 -CA: Adult Entertainment Ordinance
Page 6
LEGAL GUIDELINES IN ADULT ENTERTAINMENT USE
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.
STAFF REPORT to the 88 -2 -CA: Adult Entertainment Ordinance
Planning Commission Page 8
Existing Ordinance
Adult Motion Picture
ADULT ENTERTAINMENT
Proposed Ordinance
USE REGULATIONS
ZONES
C -2 Regional Retail
C -P Planned Business Center
C -M Industrial Park
M -1 Light Industrial
M -2 Heavy Industrial
STANDARDS
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
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
NONCONFORMING USES
No major alterations of the
business is allowed;
the business is permitted
to continue to operate
indefinitely.
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 commercialyl zoned properties. In
addition, as shown by Attachment F, the region around Tukwila also provides
ample opportunity for adult entertainment uses.
STAFF REPORT to the
•
88 -2 -CA: Adul 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.
RECOMMENDATIONS
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)
ATTACHMENT A
EXISTING REGULATIONS FOR ADULT MOTION PICTURES
Chapter 18.30
C -2 DISTRICT -- REGIONAL RETAIL BUSINESS
Sections:
18.30.010
18.30.020
18.30.030
18.30.040
18.30.050
18.30.060
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;
il(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,
(0) 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 8/32)
*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 *ADULT MOTION PICTURE .18.06.810--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).
18.06.825 Theater, adult motion picture. "Adult motion
picture theater" means a structure used for presenting motion
1 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;
(C) Fondling or other erotic touching of human genitals,
pubic region, buttock, or female breast.
(2) "Specified anatomical areas" means:
(A) Less than completely and opaquely covered human
1 genitals, pubic region, buttock, and female breast below a
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 §1(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 8/32)
ATTACHMENT B
EXCERPTS FROM ATTORNEY GENERAL'S COMMISSION ON PORNOGRAPHY
FINAL REPORT
JULY 1986
•
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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 21S
The Work of the Commission 218
The 1970 Commission on Obscenity 224
and Pornography
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, 231
and the Regulation of Obscenity
Is the Supreme Court Right? 260
The Risks of Abuse 269
•
4. The Market and The Industry 277
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
277
278
280
281
284
284
287
289
291
299
299
299
302
306
309
312
320
322
323
323
329
33S
347
The Need for Further Research ..........................................
6. Laws and Their Enforcement ... _ ........................................... _
An Overview of the Problem ..................................
Should Pornography be Regulated by Law?
The Question is Deregulation
Law Enforcement, Priority, and
Multiple.Causation
The Problem of Underinclusiveness ..............................
The Criminal LAW
The Sufficiency of Existing
Criminal Laws
The Problems of Law Enforcement
Federalism.......................................... ................. _ ................................
What Should be Prosecuted? ................................................
The Special Prominence of the
PrintedWord ................................................................................
........ — ................................... _ ...
Regulation by Zoning ....................
The Civil Rights Approach to
Pornography _ ..............
Obscenity and the Electronic Media .................................
Enforcing Both Sides of the La ................................. _ .....
•. Child Pornography ...... ............................................ _ ....................... _
The Special Horror of Child
Pornography........ .................. ....................................
e
349
3S3
3S3
3S4
354
358
360
363
364
366
372
375
381
385
391
396
402
405
405
406
410
415
....................................................
Child Pornography as a
Industry .......... _
Child Pornography, the
the First Amendment
Enforcement of the Child
Pornography Laws ................... . ......
Cot tag
....................................
Law, and
..... •••••••••••••••••••■••••••••••■•■••••••■• ..................... II•••••
8. The Role of Private Action
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
419
419
421
423
425
433
459
S9S
737
747
757
759
PART FOUR
1. Victimization
767
2. Performers
837
3. Social and Behavioral Science
Research Analysis
4. Organized Crime
5. The History of the Regulation of
Pornography
1213
6. First Amendment Considerations
1263
901
1037
7. Citizen and Community Action and
Corporate Responsibility 1313
8.: Production and Distribution of
Sexually Explicit Materials
iv
1331
• •
9. The Imagery Found Among Magazines, Books and
Films, in "Adults Only
Pornographic Outlets
10. Sample Forms
11. Witnesses Testifying Before the
Commission
1499
1803
1845
12. Witnesses Invited But Unable to
Appear Before the Commission 1861
13. Persons Submitting Written Statements 1865
PART FIVE
1. Bibliography
2. Additional Suggested Reading
Materials
3. Staff Listing
PART SIX
1. Photographs
1875
1925
1933
1937
APPENDIX A
Commission Charter _ 1957
v
Chapter 1
Introduction
1.1 The Commission and Its Mandate
The Attorney General's Commission on Pornography (referred
to throughout this Report as "The Commission ") was established
pursuant to the Federal Advisory Committee Act 1 on February 22,
1985 by then Attorney General of the United States William French
smith, 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)
215
of the problem of pornography," to "review . the available
empirical evidence on the relationship between exposure
to
pornographic materials and antisocial behavior," and to explore
"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 Attorney
General, whose responsibilities are largely focused on the
enforcement of the law, issues relating to the law and to lay
enforcement have occupied a significant part of our hearings,
deliberations, and the specific recommendations that accompany
this Report. That our mandate from the Attorney General involves
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. Asia 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
host of. other topics that are _inextricably linked with In
enforcement issues. These various topics are hardly congruent
our
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
•
we all feel that what we may have lost in focus has more than
been compensated for in the richness of our current contextual
understanding of the issue of pornography. 1.2 The Work of
the Commission
We have attempted to conduct as thorough an investigation as
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.
We
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 n*uch 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
218
task. Yet we have been required to
produce a report within a
Year of our creation as a Commission, and our ability to meet
together has been limited by the budgetary constraints just
referred to,
as well as by the fact that all of us have
responsibilities to our jobs, our careers, and to our families
that 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
careful and as thorough as humanly possible within the boundaries
of these constraints. We thought it especially important to hear
from 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
presented to us. And many others have been members of the public
Mho only wished to represent themselves, relating either points
of view or personal experiences. All of this testimony has been
valuable, although we recognize its limitations. These
limitations will be discussed throughout this report, although
there is one that deserves to be highlighted in this introductory
section. That is the distortion that has been the inevitable
consequence of the fact that some pornography is illegal, and
much pornography is, regardless of legality or illegality, still
consi
dered 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,
the willingness of many people to
pornography. This phenomenon
counterbalanced by the financial resources
those from the publishing and entertainment
us of the dangers of any or most forms of
in that they severely limit
speak publicly in favor of
may have been somewhat
available to many of
industries who warned
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
221
• •
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 they
frequently explored issues in much greater depth than would be
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 of
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 knowledge
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.2 Obviously, however, it was an essential part
2 ° M e 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
•
of our job, and many witnesses provided to us for examination
during our hearings and deliberations samples of motion pictures,
video .tapes, magazines, books, slides, photographs, and other
media containing sexually explicit material in all of its varied
forms. In addition, when in Houston we visited three different
establishments 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
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
224
would be surprising to discover that these technological
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 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 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,
226
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,3 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
would be surprising to discover that these technological
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 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 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,
226
5o too do we expect that in 2002 our work will similarly be
reexamined.
We do not by saying this wish to minimize the fact that we
are different people from those who studied this issue sixteen
Years 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
Committee in Great Britain several years ago,'4 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
appellation "pornography" is undoubtedly pejorative. To call
something "pornographic" is plainly, in modern usage, to condemn
it, and thus the dilemma 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
of material that may not deserve condemnation. But if on the
other hand we incorporate some determination of value into
our
definition, then the definition of pornography must come at the
end and not the beginning of this report, and at the end and not
at the beginning of our inquiry. Faced with this dilemma, the
best course may be that followed by the Fraser Committee in
Canada,5 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
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) (19 83)
228
predominantly sexual-1y explicit and intended primarily for the
purpose of sexual arousal. Whether some or all of what qualifies
as pornographic under this definition should be, prohibited, or
even condemned, is not a question that should be answered under
the 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- is -sexually
explicit to the extreme,. intended virtually_exclusively to
arouse, and devoid of any other apparent content -or purpose.
This def init: -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. "6 But although we are inclined to
agree with Justice Stewart, we regrettably note that the range of
material to which-witnesses before us hame applied this term is
far broadex than: a+iv would :l.fke; 4 and we-therefore.- conclude that
careful analysis "w €11 e served fs use this term less rather
•
than more.
Trying: to define.. the word "obscenity" f'rbott more and less
difficult. I.t. is. more =difficult because, unlike the word
6 Jacobellis v. Ohio, 378 U.B4i7 1s4;197964 )
(Stewart. J., concurring).
229
"pornography," the word "obscenity' need not necessarily suggest
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 by
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
the term refers.to almost all sexually explicit material, and for
still 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
conclusion 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
connection between the words "pornographic" and
once again it
"pornography" to
seems clear that common
a class
identical to the class
result, we
avoid the
"X— rated,.
an.
the ten
ig
As
We
ar.
usage would apply
of films that overlaps with but
encompassed by the "X" rating.
term "X- rated,"
except insofar as
discussing in particular the category of materials so rated
the context of the purposes behind the MPAA rating system. +
232
• •
ATTACHMENT C
LICENSE REQUIREMENTS FOR MASSAGE PARLORS AND CABARETS
Chapter 5:40
MASSAGE PARLORS
Sections:
5.40.010 Definitions.
5.40.020 Compliance.
5.40.030 Exemptions.
5.40.040 License -- Required.
5.40.050 Massagist's permit -- Required.
5.40.060 License -- Application.
5.40.070 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)
5 .020 -- 5.40.030
subsection (4 . "Massage establishments' includes but is
not- 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)
5.40.040 -- 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 Massagist'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) 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)
• •
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 §1, 1980: Ord. 470 §lA, 1967).
36 (Tukwila 11/80)
5.08.020 -- 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)
5.08.090--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
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
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
- 1 -
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.
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 -
3012 -C1
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.
APPROVED:
MAYOR, GARY L. VANDUSEN
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
- 4 -
• :.
ATTACHMENT E
TUKWILA ZONING MAP
ADULT BUSINESS
•
I Oar.
CITY OF TUKWILA
ZONING
ZoP 'NH'w
G-2
c -P
M -I
M -2
T 0 1 A 1-
CURQe.
ZOtiIM&
tA- OMJING
ADUvr
0061 14 E.55
PROP05ED
9
El R-
R +66
SINGLE FAMILY RESIDENTIAL
R•I -
24-07 n
E FAMILY RESOENTIAL
TT O FAMILY IESOENTIAL
III Al O FOUR FA MLY RESCENTIAL
ElWW APART ENTS
FAM
M,LTPLE RE90ENCE ;• i DENSITY
P-0
FCCFESSIpNAL AND CFFICE
C -I
nzGrffCRr10C0 RETAIL
C -2
REGIONAL FETAL
C -P
PLANNED ELISPESS CENTER
® C-4.4
INDUSTRIAL PARK
M-I
LIGHT rOIASTRY
M -2
r€WY iNDuSTRY
Aci ES
/31.93
/5(.73
:'75.03
3/4.4)."
101.88
1x51.9/
Cr, TE 1Gin Or HiA111- .et
-00617-. di/4
Y1FSfm` / /G,
Y.•N eidIS 1 GI; G:.
•
•
NAME OF
CITY
•
Attachment F
SURROUNDING AREA ZONING FOR ADULT ENTERTAINMENT USES
APPROX.
ZONING CODE ACREAGE PERTINENT INFORMATION
Des Moines HC - Highway 65
Commercial acres
Auburn
Kent
Renton
Seattle
King
County
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.
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
50
acres
Any commercial 75
zone if not acres
prohibited by
restrictions
(generally lo-
cated in B -1,
Business Dist.)
Allowance of 1,000 feet of any
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.
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
Unknown No restrictions other than those imposed
by state.
(25 /TBL.ADULT) (03/17/88)
CITY OF TUKWILA •
CENTRAL PERMIT SYSTEM
ENVIRONMENTAL REVIEW ROUTING FORM:
• CN
EPIC - -- 35
FILE g E-;-L�
TO: n BLDG n PLNG n P.W.\ n FIRE Q POLICE P & R
PROJECT L41."
LOCATION ��.� FILE NO.
DATE TRANSMITTED - -g RESPONSE REQUESTED BY
STAFF COORDINATOR ` �L (jac¢ RESPONSE RECEIVED
THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE
REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD
DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART-
MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH
CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE
MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM.
ITEM COMMENT
V7
DATE a2 /g/�� COMMENTS PREPARED BY2,_. AL
C.P.S. Form 11
CITY OF TUKWILA • CN
CENTRAL PERMIT SYSTEM EPIC -a.
FILE g5-;--(-1.4
ENVIRONMENTAL REVIEW ROUTING FORM:
TO: 0 BLDG Q PLNGG. P.W.r\ Q FIRE n POLICE n P & R
PROJECT ��,lc\- �I �1;I,J11Q� ^�Y" v' -
LOCATION
DATE TRANSMITTED
STAFF COORDINATOR iL. �acc
FILE NO.
RESPONSE REQUESTED BY
RESPONSE RECEIVED
-)1- o°2
THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE
REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD
DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART-
MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH
CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE
MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM.
ITEM COMMENT
No Ce D YAM
C�11 CS+O( I4 n&'T gSMP?iNite SI17t 'PA-L 1-1 ?)
DATE ,Q1 a/ €€ . COMMENTS PREPARED BY
C.P.S. Form 11
CITY OF'TUKWILA
CENTRAL PERMIT SYSTEM
ENVIRONMENTAL REVIEW ROUTING FORM:
CN
EPIC -€), - cgg
FILE
TO: BLDG Q PLNG Q P.W. El FIRE n POLICE n P & R
PROJECT
LOCATION N.A. FILE NO.
DATE TRANSMITTED
STAFF COORDINATOR J0� ZL, kJ4),cs-
RESPONSE REQUESTED BY 4,,,--))-e2
RESPONSE RECEIVED
THE ATTACHED ENVIRONMENTAL CHECKLIST WAS RECEIVED REGARDING THIS PROJECT. PLEASE
REVIEW AND COMMENT BELOW TO ADVISE THE RESPONSIBLE OFFICIAL REGARDING THE THRESHOLD
DETERMINATION. THE ENVIRONMENTAL REVIEW FILE IS AVAILABLE IN THE PLANNING DEPART-
MENT THROUGH THE ABOVE STAFF COORDINATOR. COMMENTS REGARDING THE PROJECT YOU WISH
CARRIED TO THE PLANNING COMMISSION, BOARD OF ADJUSTMENT, AND CITY COUNCIL SHOULD BE
MADE ON THE ATTACHED CENTRAL PERMIT SYSTEM ROUTING FORM.
ITEM COMMENT
DATE COMMENTS PREPARED BY
C.P.S. Form. 11
4lOptrol No.
Epic File No. EPIC -2 -88
Fee $100.00 Receipt No. (NO FEE)
ENVIRONMENTAL CHECKLIST
A. BACKGROUND
1. Name of proposed project, if applicable: ADULT ENTERTAINMENT ORDINANCE
2. Name of applicant: PLANNING DEPARTMENT - CITY OF TUKWILA
3. Address and phone number of applicant and contact person: JACK PACE 433 -1847
4. Date checklist prepared: 2/3/88
5. Agency requesting Checklist: City of Tukwila
6. Proposed timing or schedule (including phasing, if applicable):
PLANNING COMMISSION REVIEW FEBRUARY 25, 1988
CITY COUNCIL REVIEW - APRIL,'1988
7. Do you have any plans for future additions, expansion, or further activity
related to or connected with this proposal? If yes, explain. N/A
8. List any environmental information you know about that has been prepared, or will
be prepared, directly related to this proposal.
SEE ATTACHMENT A
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes,
explain.
N/A
10. List any government approvals or permits that will be needed for your proposal.
N.A.
11. Give brief, complete description of your proposal, including the proposed use
and the size of the project and site. There are several questions later in thi .
checklist that ask you to describe certain aspects of your proposal. You do no .
need to repeat those answers on this page. Section E requires a complete
description of the objectives and alternatives of your proposal and should not be
summarized here.
_REVIEW THE EXISTING REGULATION FOR ADM TINTFRTATNMFNL TO RFSTRTCI
THIS USE _E THE M -2 HEAVY TNDIJSTRTAL7ONF_
SFF ATTACHMENT R
12. Location of the proposal. Give sufficient information for a person to understand
the precise location of your proposed project, including a street address, if
any, and section, township, and range, if known. If a proposal would occur over
a range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity map, and topographic map, if reasonably
available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applica-
tions related to this checklist.
THE PROPOSED ORDINANCE WOULD RESTRICT ALL FORMS OF ADULT ENTERTAINMENT
TO THE M -2 ZONE.
13. Does the proposal lie within an area designated on the City's Comprehensive Land
Use Policy Plan Map as environmentally sensitive?
NO
-3-
•
h. Proposed measures to reduce or control erosion, or
other impacts to the earth, if any:
2. Air
a. What types of emissions to the air would result from
the proposal (i.e., dust, automobile odors,
industrial wood smoke) during construction and when
the project is completed? If any, generally
describe and give approximate quantities if known.
b. Are there any off -site sources of emissions or odor
that may affect your proposal? If so, generally
describe.
c. Proposed measures to reduce or control emissions or
other impacts to air, if any:
3. Water
a. Surface:
1) Is there any surface water body on or in the
immediate vicinity of the site (including year -
round and seasonal streams, saltwater, lakes,
ponds, wetlands)? If yes, describe type and
provide names. If appropriate, state what
stream or river it flows into.
Evaluation for
Agency Use Only
•
• Evaluation for
Agency Use Only
2) Will the project require any work over, in, or
adjacent to (within 200 feet) the described
waters? If yes, please describe and attach
available plans.
3) Estimate the amount of fill and dredge material
that would be placed in or removed from surface
water or wetlands and indicate the area of the
site that would be affected. Indicate the
source of fill material.
4) Will the proposal require surface water
withdrawals or diversions? Give general
description, purpose, and approximate quan-
tities, if known.
5) ,Goes the proposal lie within a 100 -year
floodplain? If so, note location on the site
plan.
6) Does the proposal involve any discharges of
waste materials to surface waters? If so,
describe the type of waste and anticipated
volume of discharge.
• Evaluation for
Agency Use Only
b. Ground:
1) Will ground water be withdrawn, or will water be
discharged to ground water? Give general
description, purpose, and - approximate quan-
tities, if known.
2) Describe waste materials that will be discharged
into the ground from septic tanks or other sour-
ces, if any (for example: Domestic sewage;
industrial, containing the following
chemicals...; agricultural; etc.) Describe the
general size of the system, the number of such
systems, the number of houses to be served (if
applicable), or the number of animals or humans
the system(s) are expected to serve.
c. Water Runoff (including storm water):
1) Describe the source of runoff (including storm
water) and method of collection and disposal, if
any (include quantities, if known). Where will
this water flow? Will this water flow into
other waters? If so, describe.
• • Evaluation for
Agency Use Only
2) Could waste materials enter ground or surface
waters? If so, generally describe.
d. Proposed measures to reduce or control surface,
ground, and runoff water impacts, if any:
4. Plants
a. Check or circle types of vegetation found on the
site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
grass
pasture
crop or grain
_ wet soil plants: cattail, buttercup, bullrush,
skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other types of vegetation
b. What kind and amount of vegetation will be removed
or altered?
c. list threatened or endangered species known to be on
or near the site.
•
. Evaluation for
Agency Use Only
d. Proposed landscaping, use of native plants, or other
measures to preserve or enhance vegetation on the
site, if any:
5. Animals
a. Circle any birds and animals which have been
observed on or near the site or are known to be on
or near the site:
birds: hawk, heron, eagle, songbirds, other:
mammals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish,
other:
b. List any threatened or endangered species known to
be on or near the site.
c. Is the site part of a migration route? If so,
explain.
d. Proposed measures to preserve or enhance wildlife,
if any:
•
• Evaluation for
Agency Use Only
6. Energy and Natural Resources
a. What kinds of energy (electric, natural gas, oil,
wood stove, solor) will be used to meet the
completed project's energy needs? Describe whether
it will be used for heating, manufacturing, etc.
b. Would your project affect the potential use of solar
_energy by adjacent properties? If so, generally
describe.
c. What kinds of energy conservation features are
included in the plans of this proposal? List other
proposed measures to reduce or control energy
impacts, if any:
7. Environmental Health
a. Are there any environmental health hazards,
including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? If so,
describe.
1) Describe special emergency services that might
be required.
2) Proposed measures to reduce or control environ-
mental health hazards, if any:
Evaluation for
Agency Use Only
b. Noise
1) What types of noise exist in the area which may
affect your project (for example: traffic,
equipment, operation, other)?
2). What types and levels of noise would be created
by or associated with the project on a short -
term or a long -term basis (for example: traf-
fic, construction, operation, other)? Indicate
what hours noise would come from the site.
3) Proposed measures to reduce or control noise
impacts, if any:
8. Land and Shoreline Use
a. What is the current use of the site and adjacent
properties?
b. Has the site been used for agriculture? If so,
describe.
c. Describe any structures on the site.
• Evaluation for
Agency Use Only
d. Will any structures be demolished? If so, what?
e. What is the current zoning classification of the
site?
f. What is the current comprehensive plan designation
of the site?
g.
If applicable, what is the current shoreline master
program designation of the site?
h. Has any part of the site been classified as an
"environmentally sensitive" area? If so, specify.
i. Approximately how many people would reside or work
in the completed project?
j. Approximately how many people would the completed
project displace?
k. Proposed measures to avoid or reduce displacement
impacts, if any:
1. Proposed measures to ensure the proposal is com-
patible with existing and projected land uses and
plans, if any:
•
9. Housing
a. Approximately how many units would be provided, if
any? Indicate whether high, middle, or low- income
housing?
b. Approximately how many units, if any, would be eli-
minated? Indicate whether high, middle, or low -
income housing.
c. Proposed measures to reduce or control housing
impacts, if any:
10. Aesthetics
a. What is the tallest height of any proposed
structure(s), not including . antennas; what is the
principal exterior building material(s) proposed?
b. What views in the immediate vicinity would be
altered or obstructed?
c. Proposed measures to reduce or control aesthetic
impacts, if any:
Evaluation for
Agency Use Only
•
11. Light and Glare
• Evaluation for
Agency Use Only
a. What type of light or glare will the proposal
produce? What time of day would it mainly occur?
b. Could light or glare from the finished project be a
safety hazard or interfere with views?
c. What existing off -site sources of light or glare may
affect your proposal?
d. Proposed measures to reduce or control light and
glare impacts, if any:
12. Recreation
a. What designed and informal recreational oppor-
tunities are in the immediate vicinity?
b. Would the proposed project displace any existing .
recreational uses? If so, describe.
c. Proposed measures to reduce or control impacts on
recreation, including recreation opportunities to be
provided by the project or applicant, if any:
• •
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or pro-
posed for, national, state, or local preservation
registers known to be on or next to the site? If
so, generally describe.
b. Generally describe any landmarks or evidence of
historic, archaeological, scientific, or cultural
importance known to be on or next to the site.
c. Proposed measures to reduce or control impacts, if
any:
14. Transportation
a. Identify public streets and highways serving the
site, and describe proposed accss to the existing
street system. Show on site plans, if any.
b. Is the site currently served by public transit? If
not, what is the approximate distance to the nearest
transit stop?
c. How many parking spaces would the completed project.
have? How many would the project eliminate?
Evaluation for
Agency Use Only
• •
d. Will the proposal require any new roads or streets,
or improvements to existing roads or streets, not
including driveways? If so, generally describe
(indicate whether public or private).
e. Will the project use (or occur in the immediate
vicinity of) water, rail, or air transportation? If
so, generally describe.
f. How many vehicular trips per day would,be generated
by the completed project? If known, indicate when
peak volumes would occur.
g. Proposed measures to reduce or control transpor-
tation impacts, if any:
15. Public Services
a. Would the project result in an increased need for
public services (for example: fire protection,
police protection, health care, schools, other)? If
so, generally describe.
b. Proposed measures to reduce or control direct
impacts on public services, if any.
Evaluation for
Agency Use Only
•
16. Utilities
• Evaluation for
Agency Use Only
a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service,
telephone, sanitary sewer, septic system, other.
b. Describe the utilities that are proposed for the
project, the utility providing the service, and the
general construction activities on the site or in
the immediate vicinity which might be needed.
C. Signature
The above answers are true and complete to the best of
my knowledge.• I understand that the lead agency is
relying on them to make its decision.
Signature:
Date Submitted:
PLEASE CONTINUE TO THE NEXT PAGE.
TO BE COMPLETED BY AP'ICANT
B. ENVIRONMENTAL ELEMENTS
• Evaluation for
Agency Use Only
NOTE: THE PROPOSAL IS NOT SITE SPECIFIC, SECTION B DOES
1. Earth NOT APPLY.
a. General description of the site (circle one): Flat,
rolling, hilly, steep slopes, mountainous, other
b. What is the steepest slope on the site (approximate
percent slope)?
c. What general types of soils are found on the site
(for example, clay, sand, gravel, peat, muck)? If
you know the classification of agricultural soils,
specify them and note any prime farmland.
d.. Are there surface indications or history of unstable
soils in the immediate vicinity? If so, describe.
e. Describe the purpose, type, and approximate quanti-
ties of any filling or grading, proposed. Indicate
source of fill.
f. Could erosion occur as a result of clearing,
construction, or use? If so, generally describe.
g. About what percent of the site will be covered with
impervious surfaces after project construction (for
example, asphalt or buildings)?
TO BE COMPLETED BY AP ICANT
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(do not use this sheet for project actions)
•
Because these questions are very general, it may be helpful
to read them in conjunction with the list of the elements of
the environment.
When answering these questions, be aware of the extent the
proposal, or the types of activities likely to result from
the proposal, would affect the item at a greater intensity
or at a faster rate than if the proposal were not imple-
mented. Respond briefly and in general terms.
1. Now would the proposal be likely to increase discharge
to water; emissions to air; production, storage, or
release of toxic or hazardous substances; or production
of noise? NO
Proposed measures to avoid or reduce such increases are:
N/A
2. How would the proposal be likely to affect plants, ani-
mals, fish, or marine life? NO
Proposed measures to protect or conserve plants, ani-
mals, fish, or marine life are: N/A
Evaluation for
Agency Use Only
• •
3. How would the proposal be likely to deplete energy or
natural resources? NO
Proposed measures to protect or conserve energy and
natural resourses are: N/A
4. How would the proposal be likely to use or affect
environmentally sensitive areas or areas designated (or
eligible or under study) for governmental protection;
such as parks, wilderness, wild and scenic rivers,
threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime
farmlands? N/A
Proposed measures to protect such resources or to avoid
or reduce impacts are: N/A
5. How would the proposal be likely to affect land and
shoreline use, inclduing whether it would allow or
encourage land or shoreline uses Ninncompatible with
existing plans?
Evaluation for
Agency Use Only
• Evaluation. for
Agency Use Only
Proposed measures to avoid or reduce shoreline and land
use impacts area: N/A
'How does the proposal conform to the Tukwila Shoreline
Master Plan? YES
6. How would the proposal be likely to increase demands on
transportation or public services and utilities?
Proposed measures to reduce or respond to such demand(s)
are:
THE RAODS IN AND AROUND THE M -2 ZONE HAVE SUFFICIENT
CAPACITY TO HANDLE WHAT MIGHT OCCUR WITH INCREASED
TRAFFIC.
7. Identify, if possible, whether the proposal may conflict
with local, state, or federal laws or requirements for
the protection of the environment.
NO CONFLICTS
•
• Evaluation for
Agency Use Only
8. Does the proposal conflict with policies of the Tukwila
Comprehensive Land Use Policy Plan? If so, what poli-
cies of the Plan? NO
Proposed measures to avoid or reduce the conflict(s)
are:
TO BE COMPLETED BY INFANT
• Evaluation for
Agency Use Only
E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT
PROPOSALS
The objectives and the alternative means of reaching the
objectives for a proposal will be helpful in reviewing the
aforegoing items of the Environmental Checklist. This
information provides a general overall perspective of the
proposed action in the context of the environmental infor-
mation provided and the submitted plans, documents, suppor-
tive information, studies, etc.
1. What are the objective(s) of the proposal?
TO FURTHER RESTRICT WHERE ADULT ENTERTAINMENT USE
WOULD BE PERMITTED IN THE CITY.
2. What are the alternative means of accomplishing these
objectives?
RESTRICT LOCATION WHERE ADULT ENTERTAINMENT BUSINFSS
LICENSE CAN BE OBTAINED.
3. Please compare the alternative means and indicate the
preferred course of action:
SINCE THE CITY ALREADY RESTRICTS THF IOCATTON OF
SOME FORMS OF ADULT ENTERTATNMFNT THRnIr,H THF
ZONING CODE, REVISING THF FXTSTTNG ORDTNANCF TS
THE PREFERRED COURSF OF ACTION_
•
Evaluation for
Agency Use Only
4. Does the proposal conflict with policies of the Tukwila
Comprehensive Land Use Policy Plan? If so, what poli-
cies of the Plan? NO
Proposed measures to avoid or reduce the conflict(s)
are:
-23-
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO
0042.15034
JEH /crd
1/5/88
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 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,
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 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
-1-
JEH004990
• .
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
material distinguished or characterized by
an emphasis on matter depicting, describing
or relating to "specified sexual
activities" or "specified anatomical
areas "; 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 material
is displayed or sold.
c. "Stock in trade" for the purposes of this
subsection shall mean either:
1. The dollar value of all books,
magazines, posters, pictures,
periodicals or other printed material
readily available for purchase, rental,
viewing or use by patrons of the
establishment excluding material
located in any storeroom or other
portion of the premises not regularly
open to patrons; or
2. the total volume of shelf space and
display area.
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 drive -in theater" is a drive -in theater
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 ".
5. "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.
6. "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.
7. "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
-2-
JEH00499O
sexual activities" or "specified anatomical
areas "; 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 area displayed or
sold.
c. "Stock in trade" for purposes of this
subsection shall mean either:
1. the dollar value of all items, products
or equipment readily available for
purchase, rental, viewing or use by
patrons of the establishment, excluding
material located in any storeroom or
other portion of the premises not
regularly open to patrons; or
2. the total volume of shelf space and
display area.
8. "Adult sauna parlor" is a commercial sauna
establishment which excludes any person by
virtue of age from all or any portion of the
premises.
9. "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 "; 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.
c. "Stock in trade" for the purposes of this
subsection shall mean either:
1. the dollar value of all prerecorded
video tapes, disks or similar material
readily available for purchase, rental,
viewing or use by patrons of the
establishment, excluding material
located in any storeroom or other
portion of the premises not regularly
open to patrons; or
2. the number of titles of all prerecorded
video tapes, disks or similar material
readily available for purchase, rental,
viewing or use by patrons of the
establishment, excluding material
located in any storeroom or other
portion of the premises not regularly
open to patrons.
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.
-3-
JEH00499O
• •
2. Human male genitals in a discernibly turgid
state even if completely or opaquely covered.
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.
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 of 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. any 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. day care centers, preschools, nursery
schools or other child care facilities.
3. In or within 1,000 feet of:
a. any public park or recreational facility;
or
b. any church, temple, synagogue or chapel; or
c. any public library.
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.
C. No adult entertainment establishment shall be
allowed to locate within 500 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.
D. Adult entertainment establishments shall not be
allowed in any other zone in the City.
-4-
JEH00499O
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 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.
JEH00499O
APPROVED:
MAYOR, GARY L. VANDUSEN
-5-
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REENACTING AND AMENDING
REGULATIONS FOR ADULT ENTERTAINMENT USES, AMENDING SECTION 18.06.825 OF
THE TUKWILA MUNICIPAL CODE TO DEFINE "ADULT ENTERTAINMENT ESTABLISHMENTS ",
ADDING A NEW SUBSECTION 18.38.020(16) TO THE TUKWILA MUNICIPAL CODE TO
ALLOW ADULT ENTERTAINMENT FACILITIES TO LOCATE IN THE C -M (INDUSTRIAL PARK)
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 a public hearing
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. Legislative Findings. The City Council of the City of Tukwila,
Washington, declares that adult entertainment establishments as
defined in this chapter are permitted uses in the City of Tukwila.
In order to preserve and protect Tukwila's unique quality of life,
however, the City Council finds that adult entertainment
establishments must be situated so as to minimize contact with the
City's children, churches, parks, schools, libraries, and other
places where children and families gather.
The City Council finds further that Tukwila's experience, and the
experiences of other cities in and around Tukwila and in other areas
of the country confirm that adult entertainment establishments can
lead to an increase in crime and unreported criminal activity, a
decrease in property values and the use and enjoyment of such
property by its owners, and to undesirable blighting of.the city and
its neighborhoods. Accordingly, the City Council declares the
provisions of this ordinance as they relate to adult entertainment
establishments to be in the best interests of the citizens of the
City of Tukwila, simultaneously ensuring the protection of the
health, safety and welfare of Tukwila residents, while also
permitting adult entertainment establishments to locate in areas
comprising more than forty percent of the City of Tukwila.
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B. "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 thirty
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 ".
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 thirty
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 ".
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 thirty
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 ".
C. "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.
D. "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.
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E. "Stock in trade" means:
1. The dollar value of all products, equipment, books, magazines,
posters, pictures, periodicals, prerecorded videotapes, 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 C -M District.
A new subsection 18.38.020(16) is hereby added to the Tukwila Municipal Code to .
read as follows:
(16) 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 1,000 feet 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, which has
twenty -five percent or more of its students under the
age of eighteen; 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
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.
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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; Extensions
of Time. Notwithstanding any other provision of this Chapter, 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.
A. The owner or operator of any adult entertainment use or establishment
which is rendered nonconforming by the provisions of Ordinance
of the City may appeal the 90 -day termination provision of this
section by filing a notice of appeal with the City Clerk within 60
days of the effective date of this section.
B. Within 10 days of receipt of a notice of appeal, the City Clerk shall
schedule a hearing on the appeal before a hearing examiner. The
hearing shall be no later than 20 days from the date of receipt by
the City of the notice of appeal, unless extended by mutual agreement
of the parties. The hearing examiner shall be the City Clerk or
his /her designee.
C. Within 3' days, excluding weekends and holidays recognized by the
City, from the date of the hearing on an appeal under this section,
the hearing examiner shall issue a written decision, which shall set
forth the hearing examiner's findings of fact and conclusions of law.
The hearing examiner shall consider the following factors and any
other factors that he /she determines to be relevant or helpful in
reaching a decision:
1. The harm or hardship to the appellant caused by the 90 -day
termination provision of this section;
2. The benefit to the public to be gained from termination of
the use;
3. The nature of the leasehold or other ownership interest that
an appellant may have in premises occupied by the adult
entertainment use;
4. Restrictions or lack of same imposed on an appellant's use of
such premises by a lease or other binding agreement;
5. Amounts expended by an appellant for improvements to such
premises or for necessary equipment and the extent to which
those amounts have been recovered through depreciation, tax
savings, or whether such improvements are contemplated to be
left as property of the lessor; and
6. Any clear evidence of substantial economic harm caused by
enforcement of the 90 -day termination provision of this
section.
D. Appeal and hearing:
1. Any person aggrieved by the action of the hearing examiner in
refusing to extend beyond 90 days the period in which a
nonconforming use must terminate operations shall have the
right to appeal such action to the City Board of Adjustment,
or to such other hearing body as may hereafter be established
by the City Council for the hearing of such appeals, by filing
a notice of appeal with the Clerk within 10 calendar days of
receiving notice of the decision of the hearing examiner.
2. The hearing body, upon receipt of a timely notice of appeal,
shall set a date for a hearing of such appeal within 20 days
from the date of such receipt. The hearing body shall hear
testimony, take evidence and may hear oral argument and receive
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• •
written briefs. The filing of such appeal shall stay further
action of the City, pending the decision of the hearing body.
3. The decision of the hearing body on an appeal from a decision
of the hearing examiner shall be based upon a preponderance
of the evidence.
4. The decision of the hearing body shall be final unless appealed
to the superior court within 20 days of the date the decision
is entered:
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 , 1990.
APPROVED:
MAYOR, GARY L. VAN DUSEN
ATTEST /AUTHENTICATED:
ACTING CITY CLERK, JANE CANTU
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.
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W \TUKW \007ENT.OR -2
SUMMARY OF 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
18.38.020(16) TO THE TUKWILA MUNICIPAL CODE TO ALLOW ADULT ENTERTAINMENT
FACILITIES TO LOCATE .IN THE C -M (INDUSTRIAL PARK) DISTRICT, AMENDING SECTION
SECTION .70.110 TO THE TUKWILA MUNICIPAL CODE REGARDING NONCONFORMING ADULT
SECTION 18.
ENTERTAINMENT ESTABLISHMENTS.
On , 1990, the City Council of the City of Tukwila
passed Ordinance No. which provides as follows:
Section 1. Amends Section 18.06.825 of the Tukwila Municipal Code to define
"Adult Entertainment Establishments ".
Section 2. Adds a new subsection 18.38.020(16) to the Tukwila Municipal Code
to allow adult entertainment establishments to locate in C -M (industrial park)
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.
Approved by the City Council at their meeting of
, 1990.
W \TUKW \007ENT.OR -1
JANE CANTU, ACTING CITY CLERK