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HomeMy WebLinkAboutOrd 1581 - Adult Entertainment Establishments (Repealed by Ord 1758) 0 ILA 1906 CITY OF T UKW ILA -g WASHINGTON ORDINANCE NO.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 in part 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. Leaislative Findinas. 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 approximately twenty -five percent of the City of Tukwila. B. "Adult entertainment establishments" means adult motion picture theaters, adult drive -in theaters, adult bookstores, adult cabarets, Page 1 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 and which excludes any person by virtue of age from all or any portion of the premises. 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. Page 2 E. "Stock in trade" means: 1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material regularly available in the normal course of the business of that establishment and 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 regularly available in the normal course of the business of that establishment and 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: Page 3 (33) Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Code. Section 4. Nonconformina Uses. A new section 18.70.110 is hereby added to the Tukwila Municipal Code to read as follows: 18.70.110 Nonconformina 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 Council, 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 City Council, 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 City Council shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay further action of the City, pending the decision of the City Council. Page 4 Section 5. Severabilitv. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY THE CITY COUNCIL OF HE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1990. ATTEST /AUTHENTICATED: CITY CLERK, JANE CANTU APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By 7g4it A W \TUKW \007ENT.OR -3 3. The decision of the City Council on an appeal from a decision of the hearing examiner shall be based upon a preponderance of the evidence. 4. The decision of the City Council shall be final unless appealed to the superior court within 20 days of the date the decision is entered. APPROVE FILED WITH THE CI Y CLERK: 9'4g 4g 7- 5 e 7 PASSED BY THE CITY COUNCIL: /0 -,/-90 PUBLISHED: EFFECTIVE DATE: G ORDINANCE NO. J O 1 Page 5 R, GARY L. VAN DUSEN SUMMARY OF ORDINANCE NO. /.5 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 18.30.020(33) RELATING TO THEATERS IN C -2 ZONING DISTRICTS, AND ADDING A NEW SECTION 18.70.110 TO THE TUKWILA MUNICIPAL CODE REGARDING NONCONFORMING ADULT ENTERTAINMENT ESTABLISHMENTS. On 1 J o/&r 7 1990, the City Council of the City of Tukwila passed Ordinance No. A45 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 (aer_tet_ei., 1990. JA9ANTU, ACM=ANC CITY CLERK PUBLISHED: VALLEY DAILY NEWS SUNDAY, OCTOBER 7, 1990 W \TUKW \007ENT.OR -3