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