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HomeMy WebLinkAboutOrd 1465 - Adult Entertainment Establishments (Repealed by Ord 1758) 0 1908 CITY OF TUKWILA WASHINGTON ORDINANCE NO. J 1 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, 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 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 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: a. Ten 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 /or 1 3381C3 0 3381C3 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 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: 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 sexual activities" or "specified anatomical areas"; and /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 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. 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 and /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. 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. 2 3381C3 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. B. The distances specified in subsection A shall be measured by following a straight line from the nearest point of the property 3 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. 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 4'1 day of 1988. ATTEST /AUTHENTICATED: `CIfY LERK, INE ANDERSON 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. APPROVED AS TO FORM: OFFICE OF THE CITY,ATTO'j Y: 3381C3 By FILED WITH THE CITY CLERK: .5-/b PASSED BY THE CITY COUNCIL: 6- b pf PUBLISHED: 6- ./.z 8S EFFECTIVE DATE: 6' 17-88 ORDINANCE NO. /414.6 4 On 3381C3 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, 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. Tukwila passed Ordinance No. J41.5 Section 1. Amends Section 18.06.035 of the Tukwila Municipal Code to define "Adult Entertainment Establishments Section 2. Adds a new subsection 18.42.020(7) to the Tukwila Municipal Code to allow adult entertainment establishments to locate in M -2 (heavy industry) 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 SUMMARY OF ORDINANCE NO. Jilt 5 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 1988. C Z O INE'ANDERSON, CITY CLERK u b l i s h 1 b°' 1 ?JeW S n om /a7, 197r 5 1988, the City Council of the City of which provides as follows: City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor MR. LIONEL BOHRER TUKWILA CITY COUNCIL Tukwila City Hall Tukwila, WA 98188 Ladies and Gentlemen: March 17, 1982 This letter is to inform the members of the City Council that there are several things about the newly approved Comprehensive Plan and Zoning Ordi- nance that I feel do a disservice to the City of Tukwila and to the several property owners effected by the passage bf =the ordinances.. I, therefore, veto the zoning ordinance and the comprehensive plan ordi- nance, hopeful that the council members will re -think their individual positions, consider my position on the matter, and seek a compromise as I do. This, I think, will save the city taxpayers the costs of expensive litigation which certainly would be the result of a "no compromise" posi- tion. I further believe that the city cannot afford the erosion of our real estate tax base that follows the massive down zone. I list below my specific reasons for veto as required by law. 1. The Planning Department informs me that the owners of Parcel 9, Exhibit 1 have furnished the City all the data and details requested by the city. The owners report that the information meets all the city's requirements and in their opinion vests rights of RMH zoning and development with the property. 2. Parcel 10, Exhibit 1, has a similar situation in that the King County Superior Court found for its owner and ordered the city to process a building permit. This decision is under appeal,, but at this time the City Council must recognize that parcel 10 is RMH zoned property until a reversal of the King County Superior Court is obtained. 3. The area outlined in Exhibit 2 is ideally suited for multi- family use. It is isolated from the single family developments of the city; is within easy walking distance from the industrial areas; close to the job market; and needs to be developed to meet the housing needs to satisfy our employment base. It is best suited for multi family de- velopment. I request the Council designate this area PRD R -3 density. Please bear in mind that the PRD designation will give the city complete control over any development proposed that may come forth from the owners. 4. The ordinance allows expansion in commercial areas, but does not ad- dress energy considerations by allowing housing availability related to new employment sure to come with expansion. MR. LIONEL BOHRER TUKWILA CITY COUNCIL March 17, 1982 Page 2 5. The ordinance removes nearly all of the existing available land from the multi housing land use inventory, while providing sharply increasing job opportunities in our city. Decisions handed down by Supreme Courts in the states of Illinois and California have held that actions of this nature violate the Federal Human Rights Statute. Violations of human rights carry liability exposure not only to the city, but also indivi- dual exposure as well. 6. The zoning text was understood by me to contain a provision for the selection of two property owners to sit with the BAR to decide how property in the Interurban special use district would be developed. The text includes no such provision. The ordinance needs to clearly define the selection process for the two people mentioned above. 7. The shoreline zone changes in 18.44 cannot become effective with the final adoption of the ordinance as now written. No changes in the "accepted" shoreline code as now adopted by the city may be made until the various RCW's are complied with. I refer you to RCW 90.58.190; to WAC 173.19.060; and WAC 173.19.062 to reference the above. I stand ready to discuss with the Council all' the listed reasons for my veto. Working out the solutions might be surprisingly easy if we can all approach the proposed solutions with an open mind. FT /co Respectfully submitted, Frank Todd Mayor