HomeMy WebLinkAboutRes 1240 - Findings of Fact and Conclusions of Adult Entertainment Moratorium
City of Tukwila
Washington
Resolution No. 1240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING FINDINGS OF
FACT AND CONCLUSIONS OF LAW IN SUPPORT OF
THE PREVIOUSLY ADOPTED ADULT ENTERTAINMENT
MORATORIUM.
WHEREAS, the City Council adopted a moratorium on acceptance of applications and
issuance of licenses relating to adult entertainment on November 16, 1992, and
WHEREAS, pursuant to RCW 35A.63 the City Council held a public hearing and
received public testimony on January 11, 1993,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Scion 1. Findings of Fact. Based on the public testimony, information provided by
staff, and the discussion of the City Council members, the City Council now makes the
following Findings of Fact:
1. Based upon a wide range of evidence previously presented to the Tukwila City
Council and to other jurisdictions, including but not limited to the testimony of law enforcement
officers and members of the public, information, documents and materials submitted to and
reviewed by the Legislative bodies of other cities within the region, the City Council finds that
the use of property to operate, conduct or maintain adult entertainment establishments is a use
which, although afforded some constitutional protection, often creates or enhances undesirable
secondary effects, which include a wide range of criminal and other unlawful activities that have
regularly and historically occurred, including prostitution, narcotics and liquor law violations,
breaches of the peace, assaults and sexual conduct involving contact between patrons and
between entertainers and patrons.
2. Based on the specific experiences of Tukwila and the three adult entertainment
establishments currently located within the City, the City Attorney has advised that this
moratorium be enacted.
3. During the 1992 Regular Session, the Washington State Legislature considered two
bills, substitute Senate Bill 5644 and Substitute House Bill 1275, both of which could impose
strict location restrictions on adult entertainment establishments throughout the State.
4. The Washington State Legislature adjourned on April 28, 1991 at the end of its 105
day regular session, without having passed the adult entertainment regulatory legislation.
5. The aforesaid regulatory bills may be considered again during the next regular session
of the Legislature.
6. The previous experience of this City with adult entertainment, the potential enactment
of State legislation, and the pending development of a new Comprehensive Plan and certain
implementing zoning regulations by the City, require that the City thoroughly consider all
aspects of zoning and business regulations relating to adult entertainment establishments.
7. In the absence of a moratorium, new applications for such businesses and premises
could establish vested rights to locate in neighborhoods and places contrary to State Legislative
intent and contrary to the intent of the City Council to carefully and thoroughly provide for
appropriate locations and regulations.
8. The City Council therefore finds that the protection of the public health, safety and
welfare requires establishment of the said moratorium.
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Section 2. Conclusions of Law. Based on the foregoing, the City Council now enters
the following Conclusions of Law:
A. Imposition of the adult entertainment moratorium is necessary for the
preservation of the public health, safety and welfare, and specifically to assure
that the City Council has sufficient time to adopt sensible and reasonable
regulations in this area.
B. As set forth in Chapter 207 of the 1992 Session Laws, a public hearing on the
moratorium was timely held.
C. The City Council has the authority to impose the moratorium pursuant to
statutory authority and the police powers of municipal governing bodies.
PASSED BY THE CITY COMACIL OF T CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this 18th day of January 1993.
A'1 "1EST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
dFFICE OF THE Il1'Y ATTORNEY
Filed with the City Clerk:
Passed by the City Council: 1- i 8- 93
Resolution Number 432 4
Steve Lawrence, Council President