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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 SOLD TO DATE I LEGAL NO .t ACCOUNT NO DESCRIPTION 1 1-1 ,7i. n r 7/, TIMES JI)1 LINES , I a - TOTALS lift —1*7 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 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 I el ADS UP 3 0NG STATIONS mmelONTH FREE ,A/04 , ILls 'ovoids. NC e phone NC Ltf jie supplies avail lc'cid)r week Jj Iflore info call - B-8821 627-0745 d needed for _ _ Person, full time 'lent position ) $1038 per hr id Valid State e-Pesticide spray - valid Washington Iterested - yoswrv- appli- t ttid send resume s n P 0 Box 2939 id VA 99302, Attn eE ma I s 11 13EL farm lob 10 ml ir looking sco is lking for ao Jne exper me. responsibilities t?'_ airs $ mainte- =on lg fleet of 3 rectors pickups & Ludachinery Wage te>end resume to lePO Box 2608, Trl-Cities WA t 5 I CENTRAL SA1 e 9-12 M Th Job onr' resume prep & P Church 946- '1 4 Stevens Rhld n deral lis level business )nal seeking po- a service oriented ass send resume PO Box 2608 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 [ aches the con- ugh retail estab- specializing in Si These outlets *ter to as adults ets or establish- !tally limit entry to Jeers of age or v the strictness of cement and the to adults varies Oly from outlet to times these retail d take the form of 1 In which only of this variety is nd at times they dults only outlets -19 In books and Vrs bined with an out Increasingly the Peep show OS X3 S 0 81 4 le 01 oi et 3 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