HomeMy WebLinkAbout1997-059 Licensing •
ORDINANCE NO. 97 -5 9
AN ORDINANCE relating to licenses and business regulations; creating a temporary
adult entertainment establishment license and creating a new
section Section 5.30.025 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 5.30.025 of the City of Yakima Municipal Code is hereby
enacted as a new section and to read as follows:
"5.30.025 Temporary License -- Issuance
Upon the filing of a complete application for issuance or renewal of an adult
entertainment establishment license, manager's license or entertainer's license, the
Code Administration Manager shall issue a temporary license. Such temporary license
shall be effective for a period of 15 days or until a final decision on issuance of a
permanent license has been made. Additional temporary licenses shall be issued for
15 -day periods up until a final determination on the permanent license has been
made. Temporary licenses may be suspended or revoked as provided in this chapter.
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 Charted."
PASSED BY THE CITY COUNCIL, signed and approved this 7 day of
1997.
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ATTEST: Mayor Pro Tem
City Clerk
Publication Date: , i®-td `
Effective Date: It — q —`17
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. r e
For Meeting Of October 7, 1997.
ITEM TITLE: An Ordinance relating to licenses and business regulations; creating a
temporary adult entertainment establishment license and creating a new section Section
5.30.025 of the City of Yakima Municipal Code.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney I
CONTACT PERSON /TELEPHONE: Jeff B. West, 575 - 6033
SUMMARY EXPLANATION: Under the City of Yakima's current adult entertainment
licensing ordinance, owners, managers and dancers may not engage in adult
entertainment activities until they have obtained an adult entertainment license.
Between the time the application for a license is filed and the issuance or denial of the
license, these individuals are unable to operate. The Washington State Supreme Court
has ruled that such a licensing scheme is an unconstitutional prior restraining under
Article I, Section 5 of the Washington State Constitution. Ino Ino. Inc. v. Bellevue, 132
Wn.2d 103 (1997). According to the Court, a temporary license must be issued during
the time it takes to process the application. The proposed amendments to the City of
Yakima Code create such a temporary license. Temporary licenses shall be valid for a
period of 15 days. Temporary licenses may be issued until a final determination is
made on the application. Temporary licenses may be revoked for violations of the
chapter as provided by City Code.
Resolution Ordinance X Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass Ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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