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HomeMy WebLinkAbout3261 Ordinance4. ‘ ORDINANCE NO. AaG ) AN ORDINANCE relating to zoning and amending PMC Title 22 regulating Adult Entertainment Facilities within the City of Pasco WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure that the public health, safety and welfare are maintained, and, WHEREAS, on November 18, 1996 the Pasco City Council established, by Ordinance, a moratorium on the issuance of licenses or permits for the operation or construction of Adult Entertainment Facilities, and, WHEREAS, following the conduct of a hearing on December 12, 1996, the City Council adopted findings and approved Ordinance No 3202 continuing the imposition of the Adult Entertainment Facility moratorium for one year, and, WHEREAS, the City Council instructed the Planning Commission and Planning Staff to consider, draft and bring forth recommended adult entertainment facility regulations and comprehensive , plan language for consideration by the City Council WHEREAS, the Planning Commission conducted three public hearings and six public workshops during the year to receive public testimony, review reports and studies, to receive reports from the planning staff and to develop recommendations for City Council consideration, and, WHEREAS, the City of Pasco is an optional municipal code city under the Constitution and statutes of the State of Washington, its population as of April 1, 1997, is approximately 25,300, 3 7 percent of which ( according to the 1990 Census) are under the age of 20, and, WHEREAS, as of April 1, 1997 the City occupied an area of approximately 28 square miles and with in its boundaries there are approximately 8,000 dwelling units, and, WHEREAS, approximately 45 percent of the land area within the City is zoned for general commercial and industrial uses while 1 the balance of the land is predominately zoned for residential purposes, and, WHEREAS, the City is a family-oriented residential community and employment center with attendant community standards, and, WHEREAS, there are currently no licensed adult entertainment facilities located within the City, although several convenience stores and video rental businesses carry sexually- oriented videos and magazines comprising less than 15 percent of the total stock-in-trade of each such establishment, and, WHEREAS, municipalities throughout the United States have found it necessary for the protection of the public health, safety and general welfare to restrict the location of adult entertainment facilities, and WHEREAS, the City Council seeks to reduce and mitigate the deleterious secondary effects of adult entertainment facilities while preserving constitutionally protected forms of expression, and, WHEREAS, the City Council takes notice of and relies upon experiences of and studies conducted by other cities, counties and organizations in attempting to combat the specific adverse impacts of adult entertainment facilities, and, WHEREAS, the City Council finds that adult entertainment facilities are associated with increased rates of crime and unduly impact law enforcement resources, and WHEREAS, the City Council finds that adult entertainment facilities have a negative impact on residential and commercial property values, and, WHEREAS, the City Council finds that the location of adult entertainment facilities can contribute to neighborhood deterioration and blight through an increase in crime and diminution in property values, among other adverse consequences, and finds that such effects are detrimental to health, safety, and the general welfare of the City, and, , 2 WHEREAS, the law enforcement resources available for responding to problems or secondary impacts associated with or created by adult entertainment facilities are limited and are best utilized by regulating the location of adult entertainment facilities, and, WHEREAS, the City Council finds a compelling need to protect all citizens, but especially minors, from criminal and unlawful activities associated with adult entertainment facilities, and, WHEREAS, the evidence supporting the need to protect minors from the criminal and other unlawful activities associated with the operation of adult entertainment facilities is compelling, and, the provisions of this ordinance are therefore necessary to ensure that adult entertainment facilities in the City of Pasco are conducted at a reasonable distance away from places where there are recreation, education, businesses, or other activities for minors, and, WHEREAS, the City Council recognizes that important and substantial government interests provide a constitutional -basis for reasonable regulation of the locations within the City where adult entertainment facilities may operate, and that, therefore, the City shall be required to observe specific locational requirements, as provide for in this ordinance, and, WHEREAS, based on studies, other written information and materials and public testimony presented on the subject of adult entertainment facilities to the Planning Commission and the City Council, the City Council concurs with the Planning Commission and has determined that there are deleterious secondary effects associated with adult entertainment facilities that can be minimized through the adoption of specific zoning and licensing requirements that are specifically and narrowly tailored to alleviate these harmful effects, and, WHEREAS, based upon the studies, other written materials and information, and public testimony received by the Planning Commission and City Council ("the record"), and the recommendations of the Planning Commission, the City Council finds the adoption of zoning regulations for adult entertainment facilities to be necessary to protect the health, safety, and general welfare of the City, and to preserve and protect the quality of its neighborhoods, and to 3 preserve and protect residential and commercial land values, and mitigate the impact on law enforcement resources, and the City Council therefore finds that it is necessary to minimize and alleviate the harmful secondary effects of adult entertainment facilities b y separating adult entertainment facilities from incompatible zones, uses and places where there are recreation, education, business, or other activities for minors, and, WHEREAS, based upon evidence studies and public testimony the Planning Commission with assistance from staff developed a recommendation for zoning regulations for adult entertainment facilities The City Council has accepted those recommendations and have determined that said recommendations recognize the constitutional right of all legitimate businesses to function while reasonably restricting the location and operation of adult entertainment facilities within the City in order to reduce the unacceptable adverse secondary impacts associated with adult entertainment facilities and to further the health safety and general welfare of the City, and, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That section 22 12 021 of the Pasco Municipal Code be and the same is hereby amended to read as follows 22 12 021 ADULT BOOKSTORE "Adult bookstore" mcans an establishment having as a substantial or significant portion of its stock in tradc, 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 or display of said materials (Ord 2676 Sec 1, 1988, Ord 2361 Sec 1 (part), 1982) 22 12 021 ADULT ENTERTAINMENT Means A Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on 4 matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, or B Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing., couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing C Any exhibition, performance, display, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas Section 2. That Pasco Municipal Code section 22 12 022 be and the same is hereby amended to read as follows 22 12 022 ADULT MINI MOTION PICTURE THEATER "Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons, used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein (Ord 2361 Sec 1 (part), 1982) 22 12 022 ADULT ENTERTAlNMENT FACILITY "Adult Entertainment" means any of the following A Adult retail establishments are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment's stock-in-trade for sale rent, or any other form of consideration 5 (1) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing or simulating any specified sexual activities or any specified anatomical areas), or (2) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities B Adult Arcade means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to, membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas C Adult cabaret means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment D Other Adult Entertainment Facility means any commercial establishment not defined elsewhere in the Pasco Municipal Code where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represents more than 20 percent of the businesses' stock-in-trade, provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility I n addition a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas 6 E Adult motel means a motel, hotel or similar commercial establishment which (1) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of such sexually-oriented materials, or (2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or (3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours F Adult mini motion picture theater "Adult mini motion picture theater" means a commercial establishment with a capacity for less than fifty persons, where for any form of consideration motion pictures, films, video cassettes slides or similar visual or sensory representations are shown that are distinguished or characterized b y an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" G Adult motion picture theater "Adult motion picture theater" means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" H Adult nude photography shop "Adult nude photography shop" means a commercial establishment used for the business of allowing customers to photograph any "specified anatomical areas" of a person or persons, or for the customer to be so photographed with or without other persons I Body painting shop Means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer's body to be painted 7 Section 3. That Section 22 12 023 and 22 12 024 of the Pasco Municipal Code be and the same are hereby repealed Section 4. That Chapter 22 12 of the Pasco Municipal Code be and the same is hereby amended to include a new section 22 12 699 to read as follows 22 12 699 SEXUALLY-ORIENTED MATERIALS "Sexually oriented materials" means any books magazines, periodicals, or other printed materials, or any photographs, films, motion pictures. video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas Section 5. That section 22 12 715 of the Pasco Municipal Code be and the same is hereby enacted to read as follows 22 12 715 SPECIFIED ANATOMICAL AREAS "Specified anatomical areas" means (1) Less than completely and opaquely covered, (a) Human genitals, pubic region, (b) Anus, buttock, and (c) Female breast below a point immediately above the top of the areola, and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered Section 6. That section 22 12 716 of the Pasco Municipal Code be and the same is hereby amended to read as follows 22 12 716 SPECIFIED SEXUAL ACTIVITIES "Specified sexual activities" means (1) Human genitals in a state of sexual stimulation or arousal, (2) Act of human masturbation, actual or simulated (3) Sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation or sodomy, (4) Fondling or other erotic touching of human genitals, pubic region, anus buttocks or female breast (5) Excretory function as part of, or in connection with, any sexual activities specified in this definition 8 Section 7. That Chapter 22 12 of the Pasco Municipal Code be and the same is hereby amended to include a new section 22 12 740 to read as follows 22 12 740 STOCK-IN-TRADE "Stock-in-trade" means all books., magazines, posters, pictures, periodicals, other printed material., items, products, equipment, pre-recorded video tapes, discs or other similar materials 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 Section 8. That section 22 68 020(1) of the Pasco Municipal Code be and the same is hereby amended to read as follows (i) No ADULT ENTERTAINMENT ESTABLISHMENT FACILITY shall operate, and the same are prohibited from operation within twelve hundred one thousand three hundred and twenty feet from the nearest property line of the following (1 ) Any residential zoning area, (2) Any public or private primary or secondary school church, synagogue or other place of worship, library, public playground or park, (1) Any church, synagogue, temple, mosque or other place of worship, (4) Any library, public playground or park, (5) Any public or private preschool or nursery school, (6) Any commercial day care facility, (3) The C-2 Central Business District zone No adult entertainment establishment shall operate, and the same are prohibited from operation in C-2 Central Business District zone, C-1 Retail Business zone, C-1-D Designated Shopping Center zone, or any residential zone 9 (7) An adult entertainment facility shall not be permitted to locate in any zoning district other than the General Business Distnct (C-3), the Light Industrial District (I-1), the Medium Industrial District (I-2), and the Heavy Industrial Distnct (I-3) Thc tcrm ADULT ENTERTAINMENT ESTABLISHMENT as uscd in this chapter shall mean any commercial establishment, business or service, or portion thereof, which offers sexually oriented material, devices, paraphernalia or specific sexual activities, services, performances, or any combination thereof, or in any other form, whether printed, filmed, recorded or live The term Adult Entertainment Establishment shall include, but not be limited to, such activities as adult book stores, adult shows or adult peep shows, nude and semi-nude dancing establishments, adult motion picture theaters, body painting shops and nude photography studios Provided, however, any Adult Entertainment Establishment having been granted a permit for continuance of non-conforming usc pursuant to PMC 22 72 020(2), which contains the agreement of the permittee not to bring any action against the City of Pasco relating to the validity of or the legality of, or the enforcement of Ordinance No 1849 now or at any time in the future shall be exempt from the above restrictions only to the extent that they are more restrictive than the use requirements set forth in Ordinance No 1849 of the Pasco City Council (j) No ADULT ENTERTAINMENT ESTABLISHMENT shall operate, and the same arc hereby prohibited from operation, within seven hundred fifty feet from the nearest property line of any other ' •1 Entertainment Establishment having been granted a permit for continuance of non-conforming use pursuant to PMC 22 72 020(2), which contains the agreement of the permittcc not to bring any action against the City of Pasco relating to the validity of, or the legality of, or the enforcement of Ordinance No 1849 now or at any time in the future shall be exempt from the above restrictions only to the extent that they are more restrictive than the use requirements set forth in Ordinance No 1849 of the Pasco City Council (8) No adult entertainment facility shall operate, and the same are hereby prohibited from operating within seven hundred and fifty feet from the nearest property line of any other adult entertainment facility 10 Charles D Kilbury Mayor Section 9. If any provision of this ordinance or its application to any person or circumstance is held invalid, by a competent court of jurisdiction, the remainder of the ordinance or the application of the provisions thereof to other persons or circumstances shall not be affected Section 1 0. This ordinance is designated by a majority plus one of the whole membership of the City Council as an emergency ordinance necessary for the protection of the public health, safety, public property or public peace and shall become effective immediately upon adoption PASSED by the City Council of the City of Pasco, at its regular meeting, this 17th day of November, 1997 ATTEST APPROVED AS TO FORM II 1411L: _AL.. • 111 %Le.; A I & CATHERINE D SEAMAN Leland B Kerr Deputy City Clerk City Attorney 11 CITY OF PASCO SUMMARY OF ORDINANCE NO 3G i Ordinance No 3a1 is an ordinance relating to zoning amending PMC Title 22 by deleting or modifying certain sections of Chapters 22 12 and 22 68 dealing with adult entertainment facilities Section 1 Deletes the definition for adult bookstore and creates a new definition for adult entertainment Section 2 Deletes the definition for adult mini motion picture theater and provides a new definition for adult entertainment facility Section 3 Repeals the definition for adult motion picture theater and adult nude photography shop These definitions are now included in the definition of an adult entertainment facility created in section 2 Section 4 Creates a new definition for sexually-oriented materials Section 5 Modifies the definition for specified anatomical areas Section 6 Modifies the definition for specified sexual activities Section 7 Adds a new definition for stock-in-trade Section 8 Modifies distance requirements between sensitive land uses and adult entertainment facilities from 1,200 feet to 1,320 feet This section also deletes references to prior Ordinance No 1 8 49, eliminates the term adult establishment, modifies than manner in which sensitive land uses are listed Section 9 Is a severability clause Section 10 States that the ordinance is an emergency ordinance which becomes effective immediately The full text of Ordinance No is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P 0 Box 293, Pasco, Washington 99301 l oil imi111111111111111Ho low FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / FAX (509) 544-3082 P0 BOX 293, 525 NORTH 3RD AVE , PASCO, WASHINGTON 99301 November 19, 1997 TO Kathy -- Legal Ads Please publish the attached ordinance(s) and summary of ordinance(s) Nos 3260-3264 on the following date November 23, 1997 (77 6a, Catherine D Seaman Deputy City Clerk Please send two (2) Affidavits of Publication for each tva\,1! rift P 0 BOX 2608 PASCO, WASHINGTON 99302-2608 PHONE (509) 582 1500 LEGAL ADVERTISIND INVOICE DATE - LEGAL NO ; ACCOUNT NO DESCRIPTION 41 I -) C. I TY nr-- L SZ: I ()I TIMES LINES I- " ) SOLD TO t'LlY Pr I _Frit)! ..73 F . 12171v 1 (1CD lin " TOTAL $ 4/ 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 AFFSDAYOT OF INSERSCAY1100 COUNTY OF BENTON SS STATE OF WASHINGTON I I , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-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 ag J r tir AI - L I II iwir as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, time(s), commencing on I I '07 ' , and ending on 11 ;.",- ' , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 2,5 DAY OF Notary public in and for the State of Wash- ington, residing at Kennewick i r ,t ,-1,1/ COMMISSION EXPIRES It -1 ' CITY OF PASCO summARy,t3F ORD11 ANCE. tit0 3261 Ordinance No 3261 is an ordinance relating to zon ing amending PMC Title 22 by deleting or modifying certain sections of , Chapters 22 12 and 22 68 dealing with adult enter- tainment facilities Section 1 Deletes the deft nition for adult bookstore and creates a new defini- tion for adult entertainment Section 2 Deletes the defi nition for adult mini motion picture theater and pro- vides a new definition for adult entertainment facility Section 3 Repeals the def- inition for adult motion pic- ture theater and adult nude photo9raphy shop These definitions are now includ- ed in the definition of an adult entertainment facility created in section 2 Section 4 Creates a new definition for sexually-ori- ented materials Section 5 Modifies the def- inition for specified anatomical areas Section 6 Modifies the def- inition for specified sexual activities Section 7 Adds a new def- inition for stock-in trade Section 8 Modifies dis- tance requirements between sensitive land uses and adult entertain- ment facilities from 1 200 feet to 1 320 feet This sec- tion also deletes refer- ences to prior Ordinance No 1849 eliminates the term adult establishment modifies than manner in which sensitive land uses are listed Section 9 Is a severability clause Section 10 States that the ordinance is an emergency ordinance which becomes effective immediately The full text of Ordinance No 3261 is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402 P0 Box 293 Pasco Washington 99301 -s Catherine D Seaman Deputy City Clerk rt19_9g_ 11/23/97