Loading...
HomeMy WebLinkAboutOrd 1701 - Land Use and Zoning of Adult Entertainment Establishments (Repealed by Ord 1758) -II V --.1 City of T u ila Washington Cover page to Ordinance 1701 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND ZONING OF ADULT ENTERTAINMENT ESTABLISHMENTS, AND TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS; RENEWING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF, USE PERMITS AND BUILDING PERMITS .FOR ADULT ENTERTAINMENT ESTABLISH- MENTS; ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICA- TIONS FOR, AND ISSUANCE OF, BUSINESS AND OTHER LICENSES FOR ADULT ENTERTAINMENT ESTABLISHMENTS; AND DECLARING AN EMERGENCY. Ordinance 1701 was amended or repealed by the following ordinances. AMENDED BY: REPEALED BY: 1758 �v1ILA, rp Z r n' ,I o 1908 s it T kw a C ity o f u Washington Ordinance No. /d/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND ZONING OF ADULT ENTERTAINMENT ESTABLISHMENTS, AND TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS; RENEWING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, USE PERMITS AND BUILDING PERMITS FOR ADULT ENTERTAINMENT ESTABLISH- MENTS; ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICA- TIONS FOR, AND ISSUANCE OF, BUSINESS AND OTHER LICENSES FOR ADULT ENTERTAINMENT ESTABLISHMENTS; AND DECLARING AN EMERGENCY. WHEREAS, 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, some of whom have been minors, and WHEREAS, based on the specific experiences of Tukwila and the adult entertainment establishments currently located within the City, the City Attorney has advised that this moratorium be enacted, and WHEREAS, the previous experience of this City with adult entertainment, the potential enactment of State, regulatory 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; and WHEREAS, in the absence of a moratorium, new applications for such businesses and premises could establish certain rights to locate in neighborhoods and places contrary to the intent of the City Council to carefully and thoroughly provide for appropriate locations and regulations, and WHEREAS, the City Council therefore finds that the protection of the public health, safety and welfare requires establishment of the said moratorium, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA HEREBY ORDAINS AS FOLLOWS: Section 1. Findings of Fact. Based on public testimony and other evidence presented to it, the Tukwila Council makes the following Findings of Fact: -1- A. The activities defined and regulated hereinafter are detrimental to the public health, safety, morals, and general welfare of the citizens of Tukwila and, therefore, such activities must be regulated. B Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, narcotics and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants. C. It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult; and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible. D It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will be at all necessary times an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees. E. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for Tukwila to effectively protect the public health, safety, morals, and general welfare of its citizenry it is important that Tukwila be fully apprised of the actual ownership of adult entertainment establishments. F Based on the testimony of law enforcement officers and members of the public, and on other evidence, information, documents and materials previously submitted to, considered by and reviewed by the Tukwila Council, the Tukwila Council makes the following additional findings of fact: 1 The use of property to operate, conduct or maintain adult entertainment use establishments is a use which, because of its very nature, has serious objectionable operational characteristics. Those operational characteristics 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. The objectionable operational characteristics related to the operation of adult use establishments are the most serious, and pose the greatest threat to the welfare of the citizens of Tukwila, when conducted in close proximity to places where minors gather 3. The need to protect minors from the criminal and other unlawful activities associated with the operation of adult use establishments is compelling. The provisions of this chapter are necessary to ensure that adult uses and adult entertainment in Tukwila are conducted a reasonable distance away from places where minors regularly gather, often in large numbers. 4. The requirements of this ordinance will make it less likely that minors will become victims of the criminal and other unlawful activities that have regularly and historically occurred in and around adult use establishments, will make it less likely that minors will gain access to adult use establishments, will make it less likely that minors will be hired or otherwise work as entertainers in adult entertainment establishments, and will make it less likely that patrons and employees, including entertainers, of adult use establishments will victimize minors. 5. The use of property to operate, conduct or maintain adult use establishments is not compatible with residential uses due to the secondary effects such adult use establishments have on residential neighborhoods. The requirements of this ordinance will minimize those secondary effects by ensuring that adult use establishments do not locate in close proximity to residential neighborhoods, thereby protecting the character of residential neighborhoods in Tukwila and the welfare of its citizens. Section 2. Moratorium Renewed. The moratorium previously established on May 10, 1993, and renewed on November 1, 1993, is hereby renewed, prohibiting the filing with the City of Tukwila of any and all applications for licenses, use permits or building permits for adult entertainment establishments as defined in Tukwila Municipal Code Ch. 18.06. This moratorium is further imposed upon any adult use which falls outside the definitions contained in Tukwila Municipal Code Ch. 18.06 but which predominantly purveys products, services or things distinguished or characterized by an emphasis on matter depicting, describing, or in any way relating to "specified sexual activities" or "specified anatomical areas" as defined in Tukwila Municipal Code Ch. 18.06. No use permits or building permits for adult entertainment establishments shall be issued. No applications for business or other types of licenses for adult entertainment establishments shall be accepted, and no adult entertainment establishment licenses of any type shall be issued. This moratorium shall not affect adult entertainment establishments lawfully in existence as of the effective date of this ordinance. Section 3. SEPA Exemption. Pursuant to Tukwila Municipal Code Ch. 21.04, and Washington Administrative Code 197 -11 -880, the City Council finds that an exemption under SEPA for this action is necessary to prevent an imminent threat to public health and safety and to prevent an imminent threat of serious environmental degradation through continued development under the existing regulations. SEPA review of any permanent regulations proposed for replacement of this moratorium shall be conducted. Section 4. Effective Period of Moratorium The moratorium shall be effective immediately upon adoption of this ordinance and shall continue in effect for six months, unless subsequently repealed, modified, or extended after a subsequent public hearing and entry of appropriate findings of fact pursuant to Chapter 207 of Laws of 1992, by the City Council. Section 5. Duties of City Clerk. The City Clerk shall immediately transmit a true copy of this ordinance to the Director of the Tukwila Department of Community Development. Tukwila shall immediately cease accepting any new applications for development or licenses relating to adult entertainment establishments, and similar adult uses. Section 6. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the moratorium established by this ordinance was held before the City Council on May 2, 1994. Section 7. 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 8. Effective Date. The City Council finds that a public emergency exists necessary for the protection of the public health, public safety, public property or public peace. Accordingly, this ordinance shall be effective immediately upon its adoption pursuant to RCW 35A.12.130. PASSED BY THE CITY COUNCIL, OF THE CIUF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 7 day of ,1994. ATTEST /AUTHENTICATED 04.-44.4 e.et-gz4A.. 44 E. Cantu, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY ByC2 P a FILED WITH THE CITY CLERK. 7"^ 2 r 5 V PASSED BY THE CITY COUNCIL. S .2. 7 r PUBLISHED• S EFFECTIVE DATE. S jy C ORDINANCE NO /70 CITY OF TUKWILA SUMMARY OF ORDINANCE NO 1 70/ AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND ZONING OF ADULT ENTER- TAINMENT ESTABLISHMENTS, AND TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS, ESTABLISH- ING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, USE PERMITS AND BUILDING PER- MITS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, BUSINESS AND OTHER LICENSES FOR ADULT ENTERTAINMENT ESTAB- LISHMENTS, AND DECLARING AN EMERGENCY 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 its meeting of 5 0 J 9 9 Published. Seattle Times: S /D ,.,L0 Ct.tt_zt_ an E. Cantu, City Clerk