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07/17/2012 00 Six Month Moratorium; Adult Entertainment - Distributed at the Meeting --- 07(( 1/11 ORDINANCE NO. 2012 - AN ORDINANCE of the City of Yakima, Washington, adopting a six -month moratorium of the filing and acceptance of development applications for, and the location of, land uses operating or conducting adult entertainment or adult entertainment business, exempting land uses for which a complete development application was pending upon the effective date of this ordinance or which were legally in existence at such time; directing development of comprehensive zoning and business regulations pertaining to adult entertainment and adult entertainment businesses; providing that the moratorium shall be in effect for six months, through January 15, 2013; setting public hearing on moratorium for August 21, 2012; and declaring an emergency providing for immediate effective date.-- WHEREAS, in conformance with the Growth Management Act of the State of Washington, the City of Yakima ( "City ") is required to develop, adopt, implement and review a comprehensive plan, as well as a zoning code and development regulations consistent with that plan; and WHEREAS, the City has previously adopted ordinances codified at Chapter 6.10 YMC prohibiting nudity and semi - nudity on premises or businesses licensed by the Washington State Liquor Control Board for the service, sale or consumption of alcoholic beverages; and ordinances codified at Chapter 5.30 YMC regulating dance studios, and defining "adult entertainment;" and ordinances codified at YMC 15.09.200 defining "adult business" and "adult entertainment," and establishing requirements and land use controls for such businesses and entertainment; and WHEREAS, the City has received application in the past for adult entertainment and adult business, processed under the provisions referenced above, which application is currently subject to judicial review, and the City of Yakima may receive in future applications for adult entertainment and adult businesses that would significantly increase the amount of commercial space characterized by such uses and located within the City; and WHEREAS, the United States District Court for the Eastern District of Washington in the case captioned Muffett v. City of Yakima, et al., Case No. CV- 10- 3092 -RMP issued a decision on July 17, 2012. The decision held, in part, that the City of Yakima "is permanently enjoined from enforcing the compatibility requirement of YMC 15.02.020 and 15.04.020 with respect to conduct protected by the First Amendment unless and until the compatibility provision is modified to 1 conform to constitutional standards" in a manner consistent with the court's decision; and WHEREAS, as a result of the court's ruling striking down the aforementioned provisions of the current Yakima Municipal Code provisions pertaining to adult business and adult entertainment, the City does not have code provisions to adequately address the various impacts to public health, safety, morals and general welfare that these uses present. The effects of such decision declaring such code provisions to be unenforceable and enjoining use of such codes to regulate adult businesses and adult entertainment, would include, inter alia, allowing locations for adult businesses and adult entertainment without the ability to develop or implement appropriate objective standards governing such locations within the City. This is likely to result in probable significant unmitigated public health, safety, criminal and environmental impacts on adjacent land uses, including but not limited to schools, churches and public property such as parks, residential neighborhoods; and WHEREAS, other cities in the state and region, and elsewhere in the country, have adopted ordinances regulating adult businesses and adult entertainment uses, based upon evidence of the negative secondary effects of such uses; and WHEREAS, residents of the City of Yakima would be well served if the City Council and City staff could more fully address and understand the potential negative secondary effects of such adult businesses and adult entertainment uses, in the form of health, safety, economic, environmental and aesthetic impacts that these uses could impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs to review existing information on the negative secondary effects of adult business and adult entertainment uses, and to review the City's codes and ordinances in a comprehensive fashion to determine whether they sufficiently address the secondary effects of such uses and appropriately balance the interests of adult businesses and adult entertainment providers; and WHEREAS, the City needs more time to consider properly and carefully the location and regulation of adult businesses and adult entertainment; and WHEREAS, based on a wide range of testimony and documents presented to other cities and counties by law enforcement agencies and the public, the City Council finds that adult entertainment businesses and adult entertainment, although afforded some constitutional protection, often result in undesirable secondary effects, including criminal and other unlawful activities such as prostitution, narcotics and liquor law violations, breaches of the peace, assaults and sexual contact between entertainers and patrons; and 2 ...�- .....,...... ... ....... r ..- ... -... �...- ......- .� - _..._�_._.. - - -- 3 impacts, mitigation requirements, zoning for potential siting, and other requirements and standards to protect and benefit the public interest; and WHEREAS, the potential adverse effects on the public health, property, safety and welfare, as discussed above, justify the declaration of an emergency; and WHEREAS, the City Council authorizes and directs the City Manager to review existing City codes and zoning regulations, further study the effects resulting from any approval of adult businesses and adult entertainment, prepare comprehensive proposed,amendments to the City codes and zoning regulations to address the effects of such uses, to confer with community members and City advisory commissions, including public hearing before the Planning Commission, as appropriate, and to present recommended legislation addressing such issues to the City Council for consideration and action; and WHEREAS, the City Council finds and determines that a public hearing on this moratorium should be held on August 21, 2012, whereupon the City Council may adopt findings of fact in support of the adoption of this moratorium, or modify the terms thereof; and WHEREAS, notwithstanding the term of six months set forth above for the moratorium adopted herein, this moratorium may be (a) modified by the City Council in accordance with applicable law; (b) extended for additional term(s) of six months upon action following public hearing and adoption of findings in support thereof; (c) terminated by the City Council upon adoption of appropriate zoning and regulatory codes; or (d) terminated by the City Council for any reason deemed necessary or appropriate; now, therefore: BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Moratorium Established. A moratorium is imposed upon the filing with the City of Yakima of any applications for licenses, permits and approvals for adult businesses and adult entertainment, as those terms are defined and used in the City of Yakima Municipal Code and below, and for adult entertainment and adult entertainment business as those terms are commonly understood. Section 2. Exemption — Vested Rights. This moratorium specifically exempts any application for permit deemed complete as of the effective date of this moratorium, and any adult entertainment business or use lawfully existing as of the effective date of this moratorium. Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a public hearing will be held on Tuesday, August 21, 2012, for the 4 purpose of taking testimony and, if this ordinance is passed, adopting written findings and conclusions justifying the moratorium established by this ordinance. Section 4. Effective Period of Moratorium. The moratorium adopted by this ordinance shall become effective immediately upon passage and approval of this ordinance, and shall remain in effect for six months, through January 15, 2013, subject to adoption of findings and conclusions as provided in Section 3 above This moratorium shall also terminate upon the adoption of permanent regulations governing the location, land use and regulation of adult businesses and adult entertainment. Notwithstanding the above, this moratorium may be extended as provided in RCW 36.70A.390 and RCW 35.63.200 Section 5. Direction to Develop Comprehensive Adult Entertainment Regulation Ordinance. The City Council hereby authorizes and directs the City Manager to develop a comprehensive adult entertainment and adult entertainment business ordinance which shall be presented to the City Council on the earliest possible date. The City Manager is encouraged to seek input from appropriate City staff, business representatives, other commissions and boards of the City, other governmental agencies and members of the public. , Section 6. Subjects for Consideration. Without limitation, the City Manager is encouraged to consider all subjects relevant to the regulation of adult businesses and adult entertainment, including but not limited to: appropriate business license requirements; regulation of conduct of adult entertainment and adult entertainment businesses; law enforcement effects and needs; safety of employees, patrons and the public; community standards of morality and decency; appropriate or necessary zoning or siting requirements; appropriate or necessary building requirements; issues of free speech and signage intended for advertising of adult entertainment and adult entertainment businesses; and any other matter deemed necessary or appropriate to preserve, promote and protect the general health, safety and welfare. Section 7. Declaration of Emergency. Pursuant to Article VI Section 2 of the Charter of the City of Yakima, the City Council finds, determines and declares that this ordinance is an emergency ordinance to provide for the immediate preservation of the public peace, property, health or safety. The unanimous vote of the City Council shall be necessary for the passage of this emergency ordinance. Section 8. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. 5 Section 9. Effective Date This ordinance shall be in full force and effect immediately upon its passage and approval as provided by law and the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 17 day of July, 2012. Micah Cawley, Mayor ATTEST: By City Clerk Effective Date: 004 ( 1 ( e• Publication Date: 114) I D-- - Ordinance Ap ved by Unanimous Vote of Council embers: ,,/, al i .s ' 0' i ( 7/ , 4 4 0 0/ 1 i „4, ..._0 , vu a, , 7 ..„7 Es\ 9 \ ,-- cy j,, ,,\?6(ii)) 1 :: , c--) , 4 r 1 .* \ T\''' i lf),/ f\fil;* A r r ,, ,., 40 A , ' 6