HomeMy WebLinkAbout07/17/2012 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
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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
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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
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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.
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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
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