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Home My WebLink AboutOrd 1640 - Land Use and Zoning of Adult Entertainment Establishments (Repealed by Ord 1758) J A,lti9_ssr 0 tri+ \4i C ity Tu lkwila ;�4'pea'(Cj i ty v Washington Ordinance No. 16 �a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,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; ESTABLISHING A MORATOR- IUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, USE PERMITS AND BUILDING PERMITS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; ESTABLISHING A MORATORIUM ON ACCEP- TANCE OF APPLICATIONS 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 three adult entertainment establishments currently located within the City, the City Attorney has advised that this moratorium be enacted; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, the aforesaid regulatory bills may be considered again during the next regular session of the Legislature; and WHEREAS, 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; and WHEREAS, 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; 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. Moratorium Established. A moratorium is hereby imposed upon 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 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 in existance as of the effective date of this ordinance. Section 2. 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 3. 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 4. 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 5. Public Hearing. Pursuant to Chapter 207, Laws of 1992, a public hearing on the moratorium established by this ordinance shall be held before the City Council within 60 days of the adoption of this ordinance. The City Clerk shall cause notice of the referenced public hearing to be timely published. Section 6. 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 7. 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 TI -JE CITY OF TI�T WASHINGTON, at a Regular Meeting thereof this (o day ofzfr ,1992. ATTEST/AUTHENTICATED: e E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE -ITY CLERK: PASSED BY THE CITY COUNCIL; /6 `7 PUBLISHED: //..J° —92. EFFECTIVE DATE: 9 ORDINANCE NO.: 8,-/L JoV W. Rants, Mayor CITY OF TUKWILA SUMMARY OF ORDINANCE NO. j AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO LAND USE AND ZONING OF ADULT ENTERTAINMENT ESTABLISHMENTS, AND TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS; ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, USE PERMITS AND BUILDING PERMITS FOR ADULT ENTERTAINMENT ESTABLISHMENTS; ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR, AND ISSUANCE OF, BUSINESS AND OTHER LICENSES FOR ADULT ENTERTAINMENT ESTABLISHMENTS; AND DECLARING AN EMERGENCY. APPROVED by the City Council at its meeting of t/ 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. Published: Seattle Times, 11/20/92 e E. Cantu, City Clerk