HomeMy WebLinkAbout1996-038 Adult Entertainment ORDINANCE NO. 96- 3 8
AN ORDINANCE: Relating to licenses and business regulations; providing for a
stay of a suspension or revocation of an adult entertainment
license pending judicial review and enacting as a new section
Section 5.30.093 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.30 093 is hereby enacted as a new section of the City of
Yakima Municipal Code to read as follows:
"5.30.093 Stay of License Suspension or Revocation.
A. All suspensions or revocations under this Chapter shall be
effective immediately upon issuance of an Order of the Code
Administration Manager.
B Filing a Notice of Appeal of an Order of the Code
Administration Manager shall stay the suspension or revocation of a
license issued pursuant to this Chapter and until final review by the
Yakima City Council.
C. An aggrieved party may seek review of a decision of the
City Council by a court of competent jurisdiction. The aggrieved party
may, within thirty days of the City Council's decision, stay a suspension
or revocation upheld by the final decision of the Yakima City Council.
Such a stay shall commence upon the aggrieved party filing with a
court of competent jurisdiction an action seeking review and serving
on the City notice of the action. A stay so initiated will be effective
during the pendency of the action."
Section 2 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
c PASSED BY THE CITY COUNCIL, signed and approved this �/ d ay of
/� 1996.
Lynn chanan, Mayor
ATTEST
1 G(ke.- ti - G vV► c_
City Clerk
Publication Date: 5 'eg V-96
Effective Date: - a V- 96
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� 1
• BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No /
For Meeting Of 6 7 -7 /q Co
ITEM TITLE: An ordinance relating to licenses and business regulations, providing
for a stay of a suspension or revocation of an adult entertainment license pending
judicial review and enacting as a new section Section 5 30 093 of the City of Yakima
Municipal Code
SUBMITTED BY: Jeff B West, Assistant City Attorney
CONTACT PERSON /TELEPHONE: Jeff B West, Assistant City Attorney /575 -6033
SUMMARY EXPLANATION: Recent Washington Supreme Court case law which
addressed licensing of adult entertainment, recognized a constitutional protection
against prior restraints on nude dancing In the case of J.J.R. Inc. v. Seattle,
126 Wn 2d 1 (1995), the Washington State Supreme Court held
"(N]ude dancing performed at an adults only nightclub clings to the
edge of protected expression As such, we decline to categorically
invalidate an administrative scheme that revokes or suspends an adult
entertainment license
Nevertheless, the licensing of adult entertainment carries with it the
possibility of unwarranted censorship and, therefore, must contain
sufficient procedural safeguards Because we must be exacting in
safeguarding protected expression, we find that a stay of adult
entertainment license revocation and suspension pending judicial
review is the minimum constitutionally permissible safeguard "
(Continued on page 2).
Resolution Ordinance x Contract_ Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION Pass the ordinance
BOARD /COMMISSION RECOMMENDATION•
COUNCIL ACTION: Discussion of this item was postponed to
May 21, 1996.
Ie1'.lepend• 1i< o /lx+eine•s rep • jw
AGENDA STATEMENT (Page 2)
Item No
For Meeting Of
SUMMARY EXPLANATION: (Continued)
The City of Yakima adult entertainment ordinance currently does not provide for a
stay of a license suspension or revocation pending judicial review In order to
comply with the law as announced in J.J,R. Inc., the proposed ordinance creates a
stay of a license suspension or revocation pending judicial review This is a
procedural change affecting the administrative revocation of adult entertainment
licenses This ordinance amendment has no fiscal impact on the City All of the
substantive prohibitions on behavior contained in the adult entertainment licensing
scheme remain intact
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