HomeMy WebLinkAbout1520RESOLUTION NO. /5 r£0
A RESOLUTION of the City Council of the City
of Kent, Washington, relating to adult retail establishments;
imposing a moratorium on the acceptance of applications
for and the issuance of any business license or any
building, land use, or development permit or approval for
adult retail establishments.
WHEREAS, the City Council, has previously determined, as set forth
through findings in Ordinance Nos. 3214 and 3221, that adult entertainment uses cause
negative secondary effects that are detrimental to the public health, safety, and general
welfare ofthe citizens of Kent; and
WHEREAS, there are adult bookstores, adult novelty, and adult video
store establishments (hereinafter "Adult Retail Establishments") doing business within
the City of Kent whose stock and trade is devoted in whole or in substantial or significant
part to books, magazines, cards, pictures, periodicals, pre-recorded video tapes, disks,
film, or other such media, instruments, devices, equipment, paraphernalia, toys and
novelties, games, clothing, or other merchandise which are distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified anatomical areas,
specified s::xuaJ activities, and sexual conduct as those terms are defined in the Kent City
Code Section 5.10.030; and
WHEREAS, there is a possibility that the City could, in the near future,
receive applications for adult retail establishments that would significantly increase the
amount of square feet of commercial space characterized by such uses located within the
City; and
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WHEREAS, the Kent City Code relating to adult retail establishments
may not adequately address the various impacts that these uses present and the protection
of the public health, safety, morals, and general welfare would be jeopardized by the
establishment of adult retail establishments prior to adoption of new regulations by the
City Council; and
WHEREAS, other cities in the surrounding Seattle-Tacoma Metropolitan
Region and elsewhere in the country have adopted ordinances regulating adult retail uses,
based upon evidence of the negative secondary effects of such uses; and
WHEREAS, the citizens of Kent would be well served if the City more
fully addressed and understood the potential negative secondary effects, in the form of
health, safety, economic, and aesthetic impacts these uses imposed upon neighboring
properties and on the community as a whole; and
WHEREAS, the City needs time to review existing information on the
negative secondary effects of adult retail establishments and to review the Kent City
Code in a comprehensive fashion to determine whether it sufficiently addresses the
negative secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to
adopt moratoriums provided a public hearing is held within sixty (60) days of adoption;
and
WHEREAS, the City Council finds that the protection of the health, safety
and welfare supports imposing a moratorium on adult retail establishments barring the
acceptance of all applications for the issuance of any business license, or building, land
use, or development permit or approval under the Kent City Code for adult retail
establishments until additional review has been completed and any necessary code
revisions have been adopted by the Kent City Council; and
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WHEREAS, the Kent City Council understands that a portion or all of the
materials sold by adult retail uses may be protected by the First Amendment of the U.S.
Constitution and/or Article I, Section 5 of the Washington State Constitution; and
WHEREAS, the Kent City Council does not intend by this resolution to
impermissibly infringe upon any party's free speech rights; and
WHEREAS, the purpose of this moratorium is to provide time in which
the City Council may study its existing code, ordinances, and the negative secondary
effects of such uses, during this moratorium period; determine whether any additional,
reasonable regulation is necessary to mitigate the negative secondary effects; and prepare
for adoption of suitable time, place, and manner restrictions narrowly tailored to regulate
such retail establishments with the least restrictive means available; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals Incorporated. The recitals set forth in this
resolution are hereby incorporated as if fully set forth herein.
SECTION 2. Moratorium. Due to the findings set forth herein and as
authorized pursuant to RCW 35A.63.220, the Kent City Council does hereby declare a
moratorium upon the acceptance of applications for and the issuance of any business
license, or any building, land use, or development permit or approval (including
variances and rezones), or any other permit, license, or approval required to construct,
install, relocate, or operate any adult retail establishment as defined in the Kent City Code
or described in the recitals of this resolution. Further, during the pendency of this
moratorium, no information or submissions on any pending applications for adult retail
uses shall be accepted by City staff.
SECTION 3. Duration. The moratorium established herein is established
for a period of six months from the effective date of this resolution or until the effective
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date of any ordinance establishing new regulations governing adult retail establishments,
whichever is sooner, and during said moratorium, no business license and no building,
land use, or development permit or approval shall be issued nor shall any such permit or
license application be accepted for any adult retail establishment as defined in KCC 5.1 0.
SECTION 4. Public Hearing. Pursuant to RCW 36.70A.390, the City
Council shall hold a public hearing on this moratorium within sixty (60) days of its
adoption. Immediately after the public hearing, the City Council shall adopt findings of
fact on the subject of this moratorium, either justifying its continued position or cancel
the moratorium.
SECTION 5. Staff Direction. During the moratorium, the City staff is
directed to survey existing studies and evidence and identify any negative secondary
effects that are associated with adult retail establishments; determine whether any
mechanisms exist by which these effects may be mitigated; identify the least restrictive of
these mechanisms; identify alternative, available areas within the City within which the
City may provide a reasonable means to accommodate access to constitutionally
protected material, if any; make recommendations to the City Council, or a subcommittee
thereof, and if appropriate, concerning any necessary and appropriate legislation and or
code amendment.
SECTION 6. Severability. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 7. Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 8. Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
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PASS ED at a regular open public meeting by the City Council of the City of
Kent, Washington, this 3 A-d day of ?'hrvc-rl't.f-e.~t-, 1998.
,J!_
CONCURRED in by the Mayor of the City of Kent this 3 day of
~,1998.
ATTEST:
APPROVED AS TO FORM:
~as ~ . ~~-UBOVICH, CITY ~ORNEY --
I hereby certifY that this is a true and correct copy ofResoluti~o. /51n
passed by the City Council of the City of Kent, Washington, the 3 day of
~.k-Pv '1998.
P :\LA W\Ordiu.ance\land use moratorium. do.:
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