HomeMy WebLinkAbout05/04/2010 03C-3 Citizen Service Request Response RE: Gentlemen's Club Application C -
MEMORANDUM
TO: Honorable Mayor Cawley and Members of the City Council
FROM: Michael Morales, Director of Community 85 Economic Devel.
Joan Davenport, Planning Manager
DATE: April 27, 2010
Subject: Response to Al and Susan Maza Testimony regarding Adult
Business Proposal
At the April 20, 2010 City Council meeting Al and Susan Maza testified under
Audience Participation against the Adult Business Dance Studio proposed to be
located at 2308 South First Street. In their testimony they requested the City of
Yakima require a Class (3) Level Public Hearing for this proposed land use.
Additionally, they submitted a written comment which outlined some of their
concerns. The written comment has been included in the public correspondence
® of the application.
This application was filed in late March and is under review. City staff from the
Planning, Code and Legal division met with the applicant, Jamie Muffett and
his legal representative on Monday April 26, 2010. Mr. Muffett was informed
that due to the significant public interest in this application, the item will be
referred to the Hearing Examiner to conduct a public hearing, as provided in
Yakima Municipal Code 15.14.020.
A tentative hearing date has been established for Friday May 28, 2010 at 9:00
AM in the City Council Chamber. However, Mr. Muffett was also requested to
submit several specific items, to provide necessary information. Due to notice
requirements, the applicant was given until Monday May 3, 2010 to submit the
necessary information. If the application is ready for public comment, a legal ad
will be placed in the Yakima Herald and parties of record will be notified the
week of May 3, 2010 to establish the public hearing on May 28, 2010 at 9:00.
The schedule may be adjusted if the application is not determined to be ready
on Monday May 3, 2010.
l , , City of Union • • • ,..._
.' ': Z � • '� R• E I V D-- •- m....��,..
{ "The Old Town with New Id- as sG1TY OF YgKIMA I
i 41)
1 ,:c APR 2
, !� -. 41 www .c i . un ion- gap.wa.us 8 2010 i
, � V . :III 4 ; a. OFFICE OF CITY MANAGER
City Hall
102 W. Ahtanum Road
P.O. Box 3008
Union Gap, WA 98903
(509) 248-0432
Fax (509) 248 -6494
April 27, 2010
Civil Service Commission
102 W. Ahtanum Road
Union Gap, WA 98903
(509) 248-0432
Fax (509) 248 -6494
Debbie Kloster, CMC, City Clerk
Fire Department City of Yakima
107 w Ahtanum Road 129 North 2nd Street
Union Gap, WA 98903
(509) 452 -6706 Yakima WA 98901
Fax (509) 457 -9607
Building /Planning Department Re: Resolution No. 873 — Opposing Strip Club
III
102 W. Ahtanun•. Road
Union Gap, WA 98903
(509) 575 -3638 Dear Debbie:
Fax (509) 248 -6494
Municipal Court
Enclosed please find the above referenced City of Union Gap
102W. AhtanumRoad resolution, which I e -mail earlier today.
Union Gap, WA 98903
(509) 576 -8911
Fax (509) 248 -6494. The City Council wishes this resolution to be considerd as their
comments if the City of Yakima conducts a public hearing on this
Police Department
1800 Rainier Place issue.
P.O. Box 3228
Union Gap, WA 98903
(509) 248 -0430 If you have any questions, please call me at 249 -9209.
Fax (509) 452 -5099
Legal Department Sincerely
102 W. Ahtanum Road
Union Gap, WA 98903
(509) 225-3522
V.(a- \ ---
Fax (509)248 -6494
Kathryn Thompson, CMC
Public Works Department
102 W. Ahtanum Road City Clerk
Union Gap, WA 98903
(509) 225 -3524
40 Fax (509) 248 -6494 Enclosure
Senior Citizen Center
1000 Ahtanum Road
Union Gap, WA 98903
(509) 248-2668
CITY OF UNION GAP, WASHINGTON
IP RESOLUTION NO. 873
A RESOLUTION expressing opposition to a proposed adult entertainment business in
the City of Yakima in close proximity to the City of Union Gap.
WHEREAS, the City of Union Gap City Council has been made aware that there is a
proposal to establish an adult entertainment business (strip club) within the City of Yakima in
close proximity to the City of Union Gap on S. 1st Street;
WHEREAS, the City Council is concerned about the impacts that may be suffered upon
Union Gap's citizens and businesses if the adult entertainment business does open and operate at
the proposed location. Of particular concem is the proximity of the proposed site to the Valley
Mall, which draws many young people to it for shopping and other activities;
WHEREAS, it has been clearly established and accepted by our Washington State and
Federal Courts that adult entertainment businesses generate "adverse secondary impacts ".
Several jurisdictions within the state have documented and made findings concerning such
adverse impacts generated from adult businesses within those jurisdictions, including the cities
of Spokane, Lakewood, Federal Way, Shoreline, Tukwila, and Lake Forest Park, Washington;
WHEREAS, as a result of the adverse secondary impacts generated by adult
0 entertainment businesses, those businesses have become highly regulated through both stringent
licensing provisions and zoning code provisions dictating where such businesses may be located
within a City so as to reduce the affect of such impacts;
•
WHEREAS, without such regulation and zoning code provisions, and even in the face of
such regulations, significant criminal activity has historically and regularly occurred in adult
entertainment businesses. This history of criminal activity in the adult entertainment industry
has included prostitution, illegal employment of minors, narcotics and alcoholic beverage law
violations, breaches of the peace, tax evasion and the presence within the industry of individuals
with hidden ownership interests and outstanding arrest warrants;
WHEREAS, the adverse secondary impacts generated by an adult entertainment
business in close proximity to the City will be detrimental to the public health, safety, morals,
and general welfare of the citizens of the City of Union Gap;
WHEREAS, it is the desire of the City Council to protect the general public health,
safety and welfare of the citizenry of the City of Union Gap;
WHEREAS, adult entertainment business regulations and zoning considerations are
intended to prevent health and safety problems in and around public places of adult
entertainment and to prevent dangerous and unlawful conduct in and around public places of
adult entertainment;
i WHEREAS, the City Council is disappointed that the City of Yakima's zoning code
would permit an adult entertainment business to locate within close proximity to the Valley Mall
and it appears that no thought was given to the impacts that might be suffered upon Union Gap
City of Union Gap, Washington
Resolution No. 873
Page 1 of 2
and its citizens when Yakima drafted its zoning code provisions related to adult entertainment
businesses;
WHEREAS, the City Council is requesting the City of Yakima do everything in its
power to ensure that adverse secondary impacts are not visited upon the City of Union Gap, its
businesses, or its citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP,
WASHINGTON, HEREBY RESOLVES as follows:
The City of Union Gap opposes an adult entertainment business with a proposed location
on S. 1st Street near the City of Union Gap. The City of Union Gap is disappointed the City of
Yakima did not consider the impacts on the City of Union Gap and the Valley Mall when
Yakima considered its zoning code provisions for adult entertainment and now calls upon the
City of Yakima to do everything within its power to ensure that adverse secondary impacts are
not visited upon the City of Union Gap, its businesses, and its residents.
PASSED this 26th day of April 2010.
Jim . mon, M. .r
ATTEST: APPROVED AS TO FORM:
Kathryn Thompson, CMC, City Clerk Robert F. Noe, City Attorney
City of Union Gap, Washington
Resolution No. 873
Page2of2
MEMORANDUM
TO: Honorable Mayor Cawley, Members of the City Council
Dick Zais, City Manager
FROM: Jeff Cutter, City Attorney
DATE: April 9, 2010
SUBJ: Adult Entertainment Regulation
The City Manager requested that I provide the City Council with a brief summary of the
City's regulatory authority with respect to adult entertainment, and specifically with
regard to the recently submitted application for a private "men's club ". The City's land
use regulations, set forth in Title 15 of the Yakima Municipal Code, provides the
authority for the City's regulation of sighting, zoning and development relating to
establishing an adult entertainment use within the City. The Council is somewhat
familiar with this ordinance insofar as proposed amendments to it were recently
considered with regard to the issues surrounding certain coffee stands in the City. YMC
• 15.09.200 provides the regulatory scheme surrounding land use aspects of adult business
uses, and does include adult cabarets, dance halls and dance studios.
(YMC 15.09.200(B)(2)(d).
In addition to the land use regulations identified above, the City also provides specific
licensing regulation over dance studios located within the City under YMC 5.30. The
proposed use application that is the subject of this memo would be classified as a dance
studio under the City's business licensing ordinance. The most recent amendments to this
chapter were made in 1999. Chapter 5.30 sets forth the explicit parameters that regulate
the operation of adult dance studios which by definition include nude dancing. Nude
dancing has been held by the U.S. Supreme Court to be a protected form of free speech
that may be reasonably regulated to preserve lawful behavior and public safety. The
City's ordinances addressing adult entertainment and nude dancing were prepared to
exercise these reasonable regulatory efforts. I have attached YMC Chapter 5.30 in its
entirety for Council review, and will only summarize certain important aspects of the
ordinance here.
To comply with YMC 5.30 an adult entertainment establishment must be licensed by the
City. The annual business license fee is $1,000. All applications under Chapter 5.30
require referral to the Chief of Police, who shall conduct an investigation of the
applicant(s), to include the applicant's responses on the application form. The Chief will
then issue a written report of his findings to the code administration manager, to include
his recommendation regarding issuance of a license. The establishment shall be inspected
by the code administration manager to determine compliance with all applicable city
codes.
The dance studio licensing ordinance provides very specific requirements for where
411
entertainment may take place, lighting and visibility requirements, accessibility
requirements, manager presence requirements, hours of operation and signage
requirements, as well as other operational restrictions. It is unlawful for the licensee or
manager to permit numerous activities on the premises, including 1) nude dancing that is
not conducted on a raised stage that is at least 6 feet from the nearest patron, 2) physical
contact with patrons or other entertainers for the purpose of arousal, 3) sitting on patron's
laps or separating patron's legs, 4) performing simulations of specific defined actions, 5)
dances or performances conducted in clothing while the performer is closer than 4 feet to
the patron for whom the dance is conducted, and 5) no acceptance of any gratuity by a
performer while performing on the stage and only into the hand of a clothed performer
while not on the stage. There are numerous other restrictions on activities and
performances as well.
Police officers may inspect all portions of any dance studio at any time the establishment
is open for business. All managers and entertainers are required to be personally licensed
by application process. Manager's and entertainer's licenses cost $100.00 per year each
and are subject to an application process that includes an investigation by the Chief of
Police, who shall provide a report to the codes administration manager with a
recommendation regarding whether a license should be issued. The codes administration
manager has the authority to deny and/or revoke any license issued upon a showing of a
violation of any condition of YMC Chapter 5.30. City Council will hear any appeals of
decisions made by the codes administration manager. Finally, violation of the provisions •
of YMC 5.30 is, in addition to other specific penalties stated in the ordinance, a
misdemeanor punishable by fine, imprisonment, or both.
10