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RESOLUTION NO. /5~ J
A RESOLUTION of the City Council of the City
of Kent, Washington, relating to adult retail establishments;
adopting fmdings of fact and continuing 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 of the 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 sexual activities, and sexual conduct as those terms are defmed 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, on November 3, 1998, the City Council adopted Resolution
No. 1520 imposing a moratorium 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, RCW 35A.63.220 provides that a city adopting a moratorium
shall adopt findings of fact immediately after the public hearing held within sixty (60)
days of adoption of the moratorium; and
WHEREAS, a public hearing was held on Tuesday, November 17, 1998
before the Kent City Council; and
WHEREAS, the City Council has considered written comments and public
testimony received at the hearing, as well as materials presented by staff at the hearing;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Findings of Fact Incomorated. The recitals set
forth in this resolution are hereby incorporated as if fully set forth herein and are hereby
adopted as additional Findings of Fact to the extent they are not inconsistent with the
Findings of Fact adopted in Section 2 of this Resolution.
SECTION 2. Findings of Fact. The Kent City Council hereby adopts the
following Findings of Fact:
A. The City has determined previously, through public testimony and the
receipt of other evidence, that adult entertainment uses cause adverse secondary effects
that are detrimental to the public health, safety, morals, protection of minors, and the
general welfare of the citizens of Kent.
B. Many of those adverse secondary effects are summarized in the findings
of fact contained in Ordinance Nos. 3214 and 3221 and Resolution No. 1520 which are
incorporated herein by this reference. Those adverse secondary effects include
significant criminal activity not limited to prostitution, illegal employment of minors,
narcotics, and alcoholic beverage law violations, breaches of the peace, tax evasion, and
harboring of persons with outstanding arrest warrants.
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C. Those adverse secondary effects also include public sexual conduct on the
premises of adult entertainment businesses, which can facilitate prostitution and related
crimes. Such conduct also causes substantial public health and safety concerns, not
limited to the spread of sexually transmitted diseases.
D. The City has reviewed studies from other cities concerning the adverse
secondary effects arising from adult retail establishments (a subset of adult entertainment
uses), whose stock in trade is devoted in whole or in substantial or significant part to
books, magazines, cards, pictures, periodicals, prerecorded 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 sexual activities, and sexual conduct, as those terms are defined in the Kent City
Code, Chapter 5.1 0.
E. The City is concerned that the studies from other cities conclude that
adverse secondary effects from such adult retail establishments include increased crime
rates, depreciation of property values, deterioration of community character, and a
decrease in the quality of life.
F. The City is also concerned that the studies from other cities conclude that
such adult retail establishments tend to concentrate in certain areas, and that the
proximity of those establishments to sensitive uses such as schools, residential zones,
places of religious worship, and parks result in similar or increased adverse secondary
effects.
G. Although reliance on these studies may result in decisions by the City to
regulate the location of such adult retail establishments, the City believes that the
characteristics of such establishments within the City may have an impact on the type and
manner of regulation which the City chooses to employ. The City finds that additional
review of such other studies on the secondary effects of adult retail establishments is
necessary to determine what regulations are appropriate.
H. A continuation of the moratorium established by City of Kent Resolution
No. 1520 until May 2, 1999 is necessary to take such additional action.
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SECTION 3. Continuation of Moratorium. Based on the Findings of Fact
adopted in Sections 1 and 2, the City Council hereby determines that it is necessary for
the moratorium enacted in Resolution No. 1520 to remain in effect for the entire 180-day
period set forth in Resolution No. 1520. Accordingly, the moratorium shall not expire
until midnight on May 2, 1999, unless the moratorium is shortened or extended by action
of the City Council or until the effective date of any ordinance establishing new
regulations governing adult retail establishments, which ever 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 Kent City Code 5.10.
SECTION 4. Temporary Use Permits. Notwithstanding the moratorium
in Section 3 above, any adult retail use establishment which satisfies all criteria
applicable to its underlying zone may be permitted under a temporary use permit if it
meets: (a) the requirements ofKCC 15.08.270; and (b) other applicable criteria under the
Kent City Code, including those set forth in Title 15 KCC for issuance of a temporary use
permit.
SECTION 5. Severabilitv. 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 6. Ratification. Any act consistent with the authority and prior
to the effective date of this resolution is hereby ratified and affirmed.
SECTION 7. Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASS ED at a regular open public meeting by the City Council of the City of
Kent, Washington, this /7 T.A day of ~ , 1998.
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tf.-
CONCURRED in by the Mayor of the City of Kent this /7 day of
~.1998.
ATTEST:
ITYCLERK
I hereby certify that this is a true and correct copy of Resolution No. /5.:L I
.E~sed by ~e City Council of the City of Kent, Washington, the I 7 ~~>-day of
-.!-..C-Y~_.:_...:=..:_ __ ___, 1998.
~~or<k~ BRENDAJAcoBTY CLERK
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