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Home My WebLink About3191 Ordinance00058 150003 GAR/clr Rev 11-7-96 11/18/96 ORDINANCE NO.3 1 I AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO LAND USE AND ZONING, DECLARING A PUBLIC HEALTH, WELFARE AND SAFETY EMERGENCY NECESSITATING AN IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES FOR ADULT ENTERTAINMENT USES AND BUSINESSES TO BE EFFECTIVE FOR A PERIOD OF UP TO ONE YEAR, AND SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM WHEREAS, the state and federal constitutions allow for regulation of adult entertainment businesses in a manner which ensures protection of city businesses and neighborhoods from the secondary land use impacts of adult entertainment businesses, and WHEREAS, there is evidence from the pnor experiences of Pasco and the experiences of other cities that adult entertainment businesses may constitute a threat to the public health, safety and welfare in residential and commercial areas when left under-regulated, and WHEREAS, a question has arisen requiring study and possible amendment of Pasco's zoning regulations concerning the amount of stock in trade of adult materials that should be permitted under the City's land use regulations outside of locational restrictions on adult businesses, and WHEREAS, the Washington State Supreme Court is currently reviewing a challenge to an adult entertainment licensing ordinance containing provisions in common use by cities in Washington State, including Pasco, and WHEREAS, because the cities' Comprehensive Plan does not specifically address adult entertainment uses and business, a recent court decision from Everett, Washington puts into question the legality of the cities' current land use regulations for adult businesses, and WHEREAS, the City of Pasco will be undertaking a study of adult entertainment zoning and related issues for the purpose of determining the manner in which the City may regulate adult entertainment businesses to ameliorate their secondary land use impacts, and WHEREAS, there are no current pending applications for an adult business or adult entertainment use in the City of Pasco, and WHEREAS, an examination of mainstream video rental outlets in the City by City staff evidences a stock in trade of adult video selections at such locations of less than 10% based upon the total stock displayed and floor space devoted to all video tape selections made available to consumers, and WHEREAS, current local video rental outlets, the Internet, mail order, and catalog sales offer alternative avenues of communication for the First Amendment protected matenals subject to the moratonum declared herein, and WHEREAS, there is an urgent need, pending decision of the Washington Supreme Court on adult business licensing, the completion of a study and the adoption of appropnate zoning and licensing requirements for adult entertainment businesses and uses, and the amendment of the Pasco Comprehensive Plan to preserve the status quo, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pasco, Washington as follows Section 1 - Definitions For the purpose of this ordinance, the following definitions shall apply A "Adult entertainment business" or "adult entertainment use" means 1 A nightclub, bar, restaurant, theater, concert hall, auditonum, or similar commercial establishment that regularly features live performances by semi-nude persons 2 An adult cabaret, which is a commercial establishment that presents go-go dancers, stnppers, male or female impersonators or similar entertainers and that excludes any persons by virtue of age from all or any portion of the premises 3 An adult dnve-m theater, which is a dnve-in theater where all or any portion of the use is for the presentation, for commercial purposes, of motion picture films, video cassettes, cable television, or any other like visual media, distinguished or charactenzed by a predominant emphasis on matters depicting, descnbing or relating to specified sexual activities or specified anatomical areas 4 An adult motion picture theater, which is an enclosed building where all or any portion of the use is for the presentation, for commercial purposes, of motion picture films, video cassettes, cable television, or any other like visual media, distinguished or charactenzed by a predominant emphasis on matters depicting, -2- describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein 5 An adult bookstore, which is a retail establishment in which 15% or more of the stock in trade consists of books, magazines, posters, pictures, periodicals or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas 6 An adult retail store, which is a retail establishment in which 15% or more of the stock in trade consists of items, products, or equipment distinguished or charactenzed by a predominant emphasis on or simulation of specified sexual activities or specified anatomical areas 7 An adult video store, which is a retail establishment in which 15% or more of the stock in trade consists of prerecorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas 8 "Panoram,” "preview," "picture arcade" and "peep show" mean any type of device which, for payment of a fee, membership fee, or other charge, is used to exhibit, project, illuminate or display a photographed, videotaped or magnetically reproduced image, picture, view, live entertainment, or other graphic display distinguished or characterized by a predominant emphasis on matter depicting, descnbing, or relating to specified sexual activities or specified anatomical areas B "Semi-nude" means a state of dress that, with respect to a person's torso, opaquely covers only the buttocks, anus, genitals, and areola of the breasts, as well as portions of the body covered by supporting straps or devices C "Specified anatomical areas" mean 1 less than completely or opaquely covered (i) human genitals, pubic region, or (ii) buttock, or (iii) 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 „ -3- .,, D "Specified sexual activities" means 1 Human genitals in a state of sexual stimulation or arousal, 2 Acts of human masturbation, fellatio, cunmlingus, sexual intercourse, or sodomy, and 3 Fondling or other erotic touching of human genitals, pubic region, buttock or female breast E "Stock in trade" means the greater of 1 the retail dollar value of all prerecorded video tapes, discs, books, magazines or similar material readily available for purchase, rental, viewing, or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons, or 2 the total number of titles of all prerecorded video tapes, discs, books, magazines or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons, or 3 the total floor space upon which such materials are made readily available for purchase, rental, viewing, or use by customers excluding matenal located in any stockroom or other portion of the premises not regularly open to patrons Section 2 - Purpose. The City Council acknowledges that Pasco and other cities have found that adult entertainment businesses have been associated with prostitution, disruptive conduct, criminal activity and other secondary land use impacts which threaten the quality of life in commercial and residential neighborhoods, and generally may constitute a threat to the public health, safety and welfare Section 3 - Moratorium Imposed The City Council hereby imposes a moratorium on the permitted operation, establishment, location or licensing of adult entertainment uses or adult entertainment businesses as defined herein in the City The City Council shall develop a work plan to study the issues with respect to the City's land use and licensing regulations, hold public hearings as needed, determine if there are secondary land use impacts related to adult entertainment uses or adult entertainment businesses, determine the nature of these impacts on the City, and to develop recommendations for future action to address these impacts, which action may include proposed regulations for adult entertainment uses or adult entertainment businesses -4- ED 4 Charles Kilbury, Mayor Section 4 - Effective Period For a period of one year from the effective date of this ordinance, or until new land use and/or business licensing regulations governing the location and operation of adult entertainment uses and businesses take effect, whichever is sooner, no required City business license, use permit or building permit, which is applied for after the effective date of this ordinance, shall be accepted or issued for any adult entertainment business or adult entertainment use as defined herein No existing City business licensee shall use or operate their business as an adult entertainment use or business as defined herein dunng the effective period of this moratorium Section 5 - Public Hearing on Moratorium Pursuant to RCW 36 70A 390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption, or on De.... \ c, , 199C Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratonum, and either justify its continued imposition or cancel the moratorium Section 6 - Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance Section 7 - Declaration of Emergency The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a majonty plus one of the whole membership of the Council, for the protection of the public health and safety Section 8 - Effective Date This ordinance shall take effect and be in full force and effect immediately PASSED by the Council of the City of Pasco, this day of WA) , \.7 ATTEST AP E AS TO FROM Catherine D Seaman City Clerk Filed with City Clerk /I - ) Passed by City Council I /- 1? -9 Date Published / i ...'re Date Effective / 1 - / 3 - 't 6 GAR147216 10/00058 900000 Leland Kerr City Attorney -5- A 4; SUMMARY OF ORDINANCE NO PI of the City of Pasco, Washington On the I? day of 11)0 ( i e rYkt) @Jr , 199c, the City Council of the City of Pasco, passed Ordinance No .3 n \ A summary of the content of said ordinance, consisting of the title, provides as follows AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO LAND USE AND ZONING, DECLARING A PUBLIC HEALTH, WELFARE AND SAFETY EMERGENCY NECESSITATING AN IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, BUILDING PERMITS AND LICENSES FOR ADULT ENTERTAINMENT USES AND BUSINESSES TO BE EFFECTIVE FOR A PERIOD OF UP TO ONE YEAR, AND SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM The full text of this Ordinance will be mailed upon request DATED this 19 day of ivive.mAe,r- , 1996 CITY CLERK, CATHERINE D SEAMAN -Attt\l' -- 4 - P 0 BOX 2608 PASCO, WASHINGTON 99302 -2608 PHONE (509) 582 1500 LEGAL ADVERTISING INVOICE SOLD TO F ASCO CITY OF L FOALS F' 0 BOX c?.:fs PASCO DATE I 1 /E 417/.17. LEGAL No # I I -52 -4 ACCOUNT NO c"""( ) lc-A) DESCRIPTION 4$1:---12:3 SUMMARsf OF OF , UT NANCE TIMES ()() 1 LINES TOTAL $ ic) .3 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 AFFEICKT 3hPUSE382CALF8CM COUNTY OF BENTON SS -.f STATE OF WASHINGTON , being duly sworn, deposes and says, I am the Legal Clerk of the In-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 # 1 r5P summAR Ni• OF ORD NANC E as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 1 /24 l 41 , and ending on 1I /EA 7*. , and that said newspaper was regulary distributed to its subscribers during all of this period E 11 BE:01_ D ECEPIE DEC 04 19% SUMMARY OF ORDI- NANCE Ni? 3191 OF THE CITY C F PASCO On tt i 18th day of November 1996 the City Council of the City of Pasco passed Ordinance No 3191 A Summary of the content of said ordi- nance consisting of the title provides as follows AN ORDINANCE OF THE CITY OF PASCO WASH- INGTON RELATING TO LAND USE AND ZONING DECLARING A PUBLIC HEALTH WELFARE AND SAFETY EMERGENCY NECESSITATING AN IMMEDIATE MORATORI- UM ON THE ACCEP- TANCE OF APPLICA- TIONS FOR USE PER- MITS BUILDING PER- MITS AND LICENSES FOR ADULT ENTERTAIN- MENT USES AND BUSI- NESSES TO BE EFFEC- TIVE FOR A PERIOD OF UP TO ONE YEAR AND SETTING A DATE FOR A PUBLIC HEARING ON THE MORATORIUM The full text of this Ordinance will be mailed upon request Dated this 19th day of November 1996 -s Catherine D Seaman 11/24/Rn IVA Notary public in an te i ash- ington, residing at Kennewick COMMISSION EXPIRES t 3-2 1<u1k, e)o>,9-C 4 SUBSCRIBED AND SWORN BEFORE ME THIS `°•-' DAY OF & c-e_rut. .Itt,tosesels89000 9#11)‘-1 c if4P*0 so I n., ArA IP ar, E 1 C...) copTAR y t t --4 Ma . 0 • Ca I ..r. lk 7:. e -- . P UBOG I *5 I Is ,x1PQ-12, ''.kx e f-, .. .(.,,. 4° %,Nnv4*' ° 0,00 If L., eh.4aowie w ****4 *1 ***Is**** —IND XMT JOURNAL— **************** DATE NOV-19-1996 )fl,3** TIME OS 59 *******4 DATE/TIME = NOV-19-1996 08 49 JOURNAL No = 04 COMM RESULT = OK _ PAGE(S) = 022 DURATION = 00 09'13 FILE No = MODE = TRANSMISSION DESTINATION = <01> / 9 582 1453 / TCH RECEIVED ID = / 1 509 582 1453 RESOLUTION = STD —CIT'r OF PASCO FINANCE - f***f,*****W*f*******fc***f•PhE*>Ve*T*** — — ***** — 1 509 544 3082— *ic******i< 11, :. FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 PO BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 „„1 iiimm1111111110 111110,„, 1 November 19, 1996 Tn-City Herald - P 0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3186 - 3190 and Summary of 'Ordinance No 3191 on the following date November 24, 1996 Please send two (2) Affidavits of Publication for each 1 Thank you, Catherine D Seaman, Deputy City Clerk 545-3402 cds * No attachments or maps included c