HomeMy WebLinkAbout2676 OrdinanceTT:
yn W lls, City Clerk
APPROVED AS 0 FORM:
ORDINANCE NO. 2676
AN ORDINANCE concerning adult book stores and amending
Section 22.12.021 PMC.
WHEREAS, modern technological improvements warrant a
change in existing Municipal Code provisions limiting the
location of adult book stores, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Section 22.12.021 of the Pasco Municipal
Code is hereby amended to read as follows:
22.12.021 ADULT BOOK STORES. "Adult book store" means an
establishment having as a substantial or significant
portion of its stock in trade, books, magazines, and other
periodicals or video tapes, disks or motion pictures for
home use, or combination thereof, which are distinguished
or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas," or an establishment devoted
to the sale, rental or display of said materials.
Section 2. This Ordinance shall take effect five (5)
days after passage and publication.
PASSED this 15 day of February, 1988.
Hendler, Mayor
Greg ubs ello, City Attorney
Eri-(titg :Herald
P 0 BOX 2608
PASCO, WASHINGTON
99302-2608
(509) 582-1500
LEGAL ADVERTISING
INVOICE
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DATE I LEGAL NO .t
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Please detach at perforation and return with payment
AFFIDAVIT OF PUBLICATION
COUNTY OF BENTON
all
STATE OF WASHINGTON
Tnni Y I r.we- ON , being duly sworn,
deposes and says, I am the Legal Clerk of the Tn-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy of a H .1 n - N., -17/ as it
was printed in the regular and entire issue of the Tn-City Herald
itself and not in a supplement thereof, no time(s),
commencing on cc. -.!(),-":. , and ending on
, and that said newspaper was regulary
distributed to its subscribers during all of this period
ORDINANCE NO 2878
AN ORDINANCE con-
cerning adult book stores
and amending Section
22 12 021 PMC
WHEREAS, modern
technological im-
provements warrant a
change In existing Munici-
pal Code provisions limiting
the location of adult book
stores, NOW, THERE-
FORE,
THE CITY COUNCIL OF
THE CITY OF PASCO,
WASHINGTON, DO OR-
DAIN AS FOLLOWS
Section 1 Section
22 12 021 of the Pasco Mu-
nicipal Code Is hereby
amended to read as fol-
lows
22 12 021 ADULT BOOK
STORES "Adult book
store" means an establish-
ment having as a substan-
tial or significant portion of
Its stock In trade books,
magazines, and other peri-
odicals or video tapes,
disks or motion pictures
for home use, or combi-
nation thereof, which are
distinguished or character-
ized by their emphasis on
matter depicting, describ-
ing or relating to "specified
sexual activities" or "speci-
fied anatomical areas," or
an establishment devoted
to the sale, rental or dis-
play of said materials
Section 2 This Ordi-
nance shall take effect five
(5) days after passage and
publication
PASSED this 15 day of
February 1988
-e- Ed Headier, Mayor
ATTEST
-e- Evelyn Wells, City Clerk
APPROVED AS TO FORM
-e- Greg A Rubstelio-- - I City Attorney 1
LEGAL NO 008202 - i
February 20 1988
SUBSCRIBED AND SWORN BEFORE ME THIS 23rd
DAY OF February 1988
Notary public in and forr 1pp iswe of Wash-
ington, residing at
COMMISSION EXPIRES .7-X-5—
February 16, 1988
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance No. 2676 on the following date:
February 19, 1988
Please send two (2) Affidavits of Publication.
Sincerely yours,
Evelyn Wells
City Clerk
1
ew
ORDINANCE NO. 2676A
AN ORDINANCE Amending Ordinance No. 2676 for purposes of
clarification of the purpose and intent of Ordinance
No. 2676.
WHEREAS, Ordinance No. 1849 passed by the Pasco City
Council on April 19, 1977, defined a number of adult businesses
including an "adult bookstore" and, set forth zoning regulations
specifically intended to prohibit the concentration of adult
businesses in any one area and prevent adverse secondary effects
such as crime and deleterious affects on adjacent properties and
surrounding neighborhoods; and
WHEREAS, Section 1. of Ordinance No. 1849 specifically
stated its purpose as follows:
Purpose. This Ordinance is enacted in recogni-
tion that some uses exist which, because of
their very nature, are recognized as having
serious objectionable operational character-
istics, particularly when several of them are
concentrated under certain circumstances
thereby creating a deleterious affect upon the
adjacent areas. The uses regulated herein are
found to produce such a deleterious affect;
special regulations for these uses are
necessary to insure that these adverse effects
will not contribute to the blighting or
down-grading of the surrounding neighborhoods.
The primary purposes for the controls or
regulations herein are to prevent a
concentration of these uses in any one area and
to prevent any adverse effect to a residential
zone district and to limit the zones in which
such uses are permitted.
WHEREAS, Ordinance No. 2684 was passed by the Pasco City
Council on April 18, 1988, eleven years after the passage of
Ordinance No. 1849, the recitals of which declare:
WHEREAS, The chronic physical deteriora-
tion of downtown Pasco is evidenced by business
closures, vacant buildings, vandalism, property
disinvestment and declining property values,
all of which contribute to visual slum, blight
and decay; and
WHEREAS, Chronic downtown social problems
of loitering, drunkenness, panhandling, soli-
citation, verbal abusiveness, lewdness, and
other behavioral acts are predominantly
associated with the presence of transients,
street persons and other homeless persons,
prostitutes, habitual criminals and others who
are attracted to certain types of service
providers or places which perpetuate their
lifestyle, fill emotional or physical needs, or
otherwise support and increase their presence
in the downtown; and
WHEREAS, The City Council has adopted
public policy, through the Community Develop-
ment Policy Plan and the 3-R Area Action Plan,
which recognizes the aforementioned problems
-1-
and supports comprehensive revitalization of
the downtown area, which revision of zoning
regulations is but one implementation
technique; and
WHEREAS, the Planning Commission did
undertake an analysis of the existing C-2
regulations by conducting two Workshop
sessions, with participation by citizens, the
Pasco Chamber of Commerce and the Pasco Down-
town Development Association, and conducted a
Public Hearing on March 17, 1988, at the con-
clusion of which a recommendation for certain
revisions was made to the City Council; and
WHEREAS, the City Council has reviewed
the recommendation of the Planning Commission
and finds, with further amendment, the proposal
to be appropriate to further the policy of
intented downtown revitalization, and
compliments the previous expenditure of public
funds for infrastructure and new construction
improvements in the downtown area; and
WHEREAS, Section 7. of said Ordinance No. 2684
specifically sets forth the purpose of amendments to the C-2
Central Business District Zone to be as follows:
PURPOSE. The C-2 Central Business District is
established to promote the centralization of
business and reinforce a positive public image
and confidence in revitalization, within a
compact commercial area having primarily
common-wall building construction. Such
construction offers the unique opportunity
within Pasco to cluster together types of
retail business and retail services which
functionally interact well together, and will
economically fare better, as the result of
clost proximity by cumulatively attracting more
persons than as individual destination points.
It is intended that the commercial clustering
concept be fostered by emphasizing pedestrian
access and circulation within the district, in
a manner which is healthy, safe, uninhibited
and convenient for employees and visitors of
all ages. Public and private off-street
parking shall be located to encourage the
transition from automobile to pedestrian
movement. On-street parking shall be shared by
vicinial business and be orientated to short
duration convenience parking for customers in
the vicinity.
In order to preserve the public health, safety
and welfare in central business district
redevelopment, protect public and private
investment in property and infrastructure
improvements and stablize declining property
values, certain uses of the land may be
restricted or prohibited.
-2-
WHEREAS, The amended C-2 Central Business District Zone
regulations set forth in said Ordinance No. 2684 include and list
adult businesses, including adult theaters and bookstores as
prohibited uses and specifically provides as follows:
22.44.050 PROHIBITED USES. Evidence received
by the Planning Commission and contained in
previous studies and Pasco Police Crime Reports
demonstrates that certain uses make the
central business district less desirable or
attractive to the public due to a demonstrated
history of contribution to general public
disorder, loitering, nuisance and other acts
detrimental to the public image of the area.
Certain other uses provide entirely, or
predominantly, automobile services and,
thereby, do not foster the clustering concept
intended to attract pedestrian visitors. Other
uses may, by their inherent nature, require a
disproportionate amount of the limited vicinial
on-street parking, for an extended time, which
is intended to be available and shared by all
businesses for the short duration convenience
customers.
The following listed business, for the reasons
above, inhibit new business growth, contribute
to business loss and decline of property
values, inhibit convenient access to vicinial
businesses, do not foster the clustering
concept intended to orientate the business
environment to pedestrians, or perpetuate a
public image which is undesirable or
unattractive and detrimental to the public and
private investment in revitalization efforts
and, therefore, are prohibited within the C-2
District:
1. Gasoline and service stations, automobile
services or repair, except tire stores
2. Outdoor storage of goods of materials
3. Membership clubs
4. Taverns
5. Billiard and pool halls
6. Amusement game centers
7. Pawn shops
8. Cardrooms, bingo parlors, dance halls and
similar places
9. Adult theaters, adult bookstores, tattoo
parlors, bathhouses and massage parlors
10. Community service facilities
Similar or like uses although not specifically
listed are prohibited.
WHEREAS, The Attorney General's Commission on Pornography,
Final Report, July 1986, U.S. Department of Justice, Volume 1 at
Pages 287-288 made the following findings:
4.2.2 Channels of Distribution
The process of distribution of films is rapidly
in the process of becoming history. The
-3-
photographic motion picture film typically
shown in "adults only" theaters is rapdily
decreasing in popularity, along with the
theaters themselves as the video tape cassette
becomes the dominant mode of presentation of
non-still material. Many of these video tapes
are sold or rented for home consumption, and
many are shown in "peep show"
establishments....
• • •
4.2.3 The Retail Level
Apart from mail order and apart from the rental
of pornographic video tapes in general use
video retail outlets, most pornographic
material reaches the consumer through retail
establishments specializing in this material.
These outlets, which we refer to as "adults
only" outlets or etablishments, usually limit
entry to those 18-years of age or older, but
the strictness of the enforcement and the
limitation to adults varies considerably from
outlet to outlet. At times these retail
outlets will take the form of theaters in which
only material of this variety is shown, and at
times they will be "adults only" outlets
specializing in books and magazines.
Increasingly, however, the peep show, often
combined with an outlet for the sale of
pornographic books and magazines, is a major
form of meeting consumer demand.
The typical peepshow is located on the
premises of an "adults only" establishment
selling large numbers of pornographic
magazines, along with some other items, such as
pornographic text-only books, sexual
paraphernalia, sexually orientated newspapers,
and adult videos....
WHEREAS, At the time of the adoption of the definition of
an "adult bookstore" in April, 1977, the home video market did
not exist as it exists today due to advances in video tape
technology which led to the development of economical and quality
home video tape recorders and VHS and BETA format tapes; and
WHEREAS, Ordinance No. 2676 was considered and passed in
consideration of Ordinance No. 1849 and the experience in Pasco
over the past eleven years which has led to the passage of
Ordinance No. 2684 and the provisions thereof concerning adult
businesses; and
WHEREAS, Ordinance No. 2676, "AN ORDINANCE Concerning
adult b000kstores and amending Section 22.12.021 PMC", was
adopted on February 15, 1988 to further the purposes and intents
set forth in said Ordinances Nos. 1849 and 2684 and to close an
evident loophole in the definition of an "adult bookstore"
created by advances in technology since April, 1977 and in
furtherance of the significant governmental interest in avoiding
the concentration in any one area of businesses having as a
substantial or significant portion of its stock-in-trade
-4-
j
APPRS D AS 0
GR ELLO, City Attorney
/ ED a- NDLER, Mayor
materials which are characterized or distinguished by their
emphasis on matter depicting, describing or retating to
"specified sexual activities" or "specified anatomical areas,"
and to prevent the deleterious effects such businesses have on
retail business districts and residential areas.
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 2676, is hereby amended by the
adoption and inclusion of the above-recitals which are intended
to clarify the purposes and intents for which Ordinance No. 2676
was approved by the City Council on February 20, 1988.
Section 2. In all other respects Ordinance No. 2676
shall remain the same.
day of , 1988.
PASS D y the City Council and APPROVED by the Mayor this
//
ness District Zone regula-
tions set forth in said
Ordinance No 2684 in
dude and list adult busi-
nesses, including adult
theaters and bookstores as
prohibited uses and specif
wally provides as follows
22 44 050 PROHIBITED
USES Evidence received
by the Planning Commis-
sion and contained in pre-
vious studies and Pasco
Police Crime Reports dem-
onstrates that certain uses
make the central business
district less desirable or at
tractive to the public due to
a demonstrated history of
contribution to general pub-
lic disorder, loitering nui
sance and other acts
detrimental to the public
image of the area Certain
other uses provide entirely
inantly auto
ervices and,
not foster the
concept in-
tract pedestrain
t er uses may by
--'ent nature, re-
Risproportionate
!the 'limited vici-
[tat parking for
d time which is
o be available
d by all busi
the short dura n enience
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Tri Cities, WA
Nob or non-stiri
Many of these
As are sold or
home consump-
nany are shown
! )how establish-
Retail Level
torn mail order
from the rental of
-:e video retail
WIAA tzpc..,
Vost pornographic
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aches the con-
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specializing in
Si These outlets
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to adults varies
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times these retail
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1 In which only
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Increasingly
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A
bection 2 In all other re-
spects Ordinance No 2676
shall remain the same
PASSED by the City
Council and APPROVED
by the Mayor this 16 day of
May 1988
-s- Ed Handler Mayor
ATTEST
-s- Evelyn Wells, City Clerk
APPROVED AS TO FORM
s Greg A Rubstello
City Attorney
LEGAL NO 006587.
May 20, 1988
-Herald DATE — LEGAL NO
P0 BOX 2608
PASCO, WASHINGTON
(509) 582-1500
99302-2608
ACCOUNT NO L ("-71:-•
DESCRIPTION 7 1
LEGAL ADVERTISING
TIMES (J')l LINES-I
INVOICE
OLD TO
TOTAL $ -
NOTICE: This Is an invoice for legal advertising space Please pay from this Invoice as no statement will be rendered
Please detach at perforation and return with payment
AFFIDAVIT OF PUBLICATION
COUNTY OF BENTON
SS
STATE OF WASHINGTON
, being duly sworn,
deposes and says, I am the Legal Clerk of the Tri-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washington That the attached is a true
copy Of arlr I i Ii as it
was printed in the regular and entire issue of the Tr-City Herald
itself and not in a supplement thereof, "i) 1 time(s),
commencing on `11- , and ending on
, and that said newspaper was regulary
distributed to its subscribers during all of this period
--)/eatl .5A6
SUBSCRIBED AND SWORN BEFORE ME THIS 23rd
DAY OF May
Notary public in and rforlhe State of Wash-
ington, residing at 11
COMMISSION EXPIRES ft
1 -1 I1-1`.-
1988
May 17, 1988
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance No. 2676-A on the following date:
May 20, 1988
Please send two (2) Affidavits of Publication.
Since-Vours,
Evelyn Wells
City Clerk
ew