HomeMy WebLinkAbout3475Ordinance No. 3475
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amends Secs. 15.02.006, 15.02.007, 15.02.008,
15.02.502, & 15.02.503 of Ord. 2687;
Amends Secs. 15.02.006, 15.02.0071 15.02.008,
15.02.009, 15.02.502 & 15.02.503 of Ord. 2785;
Amends Secs. 5.10.030, 5.10.120, 5.10.140 & 5.10.200
(C) of Ords. 3214 & 3221
ORDINANCE NO. JZ/75—
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending the zoning code and
business license code of the City of Kent relating to adult
entertainment by amending the definition of adult retail
establishments and by making other related changes.
WHEREAS, the City Council, has previously determined, as set forth
through findings in Ordinance Nos. 3214 and 3221, that adult entertainment uses cause
adverse 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 in trade is devoted in whole or in part to books, magazines,
cards, pictures, periodicals, video tapes, disks, films, 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 matters
depicting, describing, or relating to specified anatomical areas, specified sexual 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
1 Adult Retail
City and, therefore, it is appropriate to review existing regulations relating to these uses;
and
WHEREAS, a public hearing was held on Tuesday, November 17, 1998,
before the Kent City Council, and after considering the matter, the City Council adopted
Findings of Fact and continued the moratorium until May 2, 1999; and
WHEREAS, pursuant to RCW 35A.63.220, a public hearing was held on
April 20, 1999, to consider renewing the moratorium for a six (6) month period, and
following the hearing, the City Council extended the moratorium to October 29,1999; and
WHEREAS, a number of communities throughout the nation have studied
the impacts of adult entertainment establishments, including adult retail establishments,
on their surrounding areas; and
WHEREAS, since implementing the moratorium, the City Council has
had the opportunity to study and review the following reports and research:
1. A Report on Zoning and Other Methods Regulating Adult Entertainment in
Amarillo; Amarillo, Texas (September, 1977);
2. A Study on the Need to Regulate the Location of Adult Entertainment Uses;
Bellevue, Washington (September, 1987);
3. Adult Entertainment Business in Indianapolis, Indiana (1984);
4. Adult Entertainment Study; City of New York (November, 1994);
5. City of Kent Adult Use Zoning Study; Kent, Washington (November, 1982);
6. Final Report to the City of Garden Grove: The Relationship Between Crime and
Adult Business Operations on Garden Grove Boulevard; Garden Grove,
California;
7. Regulation of Adult Entertainment Establishments in New Hanover County; North
Carolina (July, 1989);
2 Adult Retail
8. Relation of Criminal Activity and Adult Businesses; City of Phoenix (May, 1979);
9. Report on the Secondary Effects of the Concentration of Adult Use Establishments
in the Times Square Area; New York, NY (April, 1994);
10. Report of the Attorney General's Working Group on the Regulation of Sexually
Oriented Businesses, Minnesota (June, 1989);
11. Report on Adult Oriented Businesses in Austin, Austin, Texas (May, 1986);
12. Study & Recommendations for Adult Entertainment Businesses in the Town of
Islip; Islip, New York (September, 1980);
13. Study on the Effects of the Concentration of Adult Entertainment Establishments
in the City of Los Angeles; Los Angeles, California (June, 1977);
14. Zoning and Adult Amusement; Albuquerque, New Mexico (May, 1995);
15. 40 Acre Study on Adult Entertainment, St. Paul Department of Planning and
Economic Development, Division of Planning (1987);
16. Adult Entertainment Material; City of Des Moines (June, 1984);
17. Adult Business Regulation Study; City of Olympia (1996); and
WHEREAS, these studies have concluded that adult entertainment
businesses, including adult retail establishments, create adverse secondary effects on the
surrounding neighborhoods; and
WHEREAS, the studies noted above document evidence that adult retail
establishments have a detrimental effect on both the existing businesses around them and
the surrounding residential areas adjacent to them causing increased crime, the
downgrading of quality of life and property values, and the spread of urban blight (see
Indianapolis, New York and Garden Grove studies regarding property values); and
WHEREAS, the City Council finds that the location of adult retail
establishments in close proximity to residential neighborhoods, churches, parks, schools,
and libraries will have a negative impact upon the quality of life in the surrounding areas,
3 Adult Retail
will result in devaluation of property values, and would very likely lead to increased levels
of criminal activities, including sex related crimes in the vicinity of such establishments;
and
WHEREAS, these adverse secondary effects of adult retail establishments
on the surrounding area appear to lessen as the distance from the adult retail establishment
increases; and
WHEREAS, the City Council finds that concerns about adverse secondary
effects including sexual activity generated and occurring at or nearby the adult retail
establishments are legitimate, substantial, and compelling concerns of the City; and
WHEREAS, as a result of research and analysis performed during the
moratorium and the City Council findings that adult retail establishments, due to their
nature, have adverse secondary effects upon the health, safety and welfare of the citizenry,
the Council has determined that code amendments to the Kent City Code are necessary
to address such impacts; and
WHEREAS, it is the intent of the City Council to protect the general
welfare, through the enforcement of laws, to prevent the adverse secondary effects of
adult retail establishments while preserving constitutionally protected forms of
expression; and
WHEREAS, the City Council finds that establishments having a
significant or substantial stock -in -trade in adult entertainment material have adverse
secondary effects identified in the studies as being detrimental to the citizenry, and
WHEREAS, the City Council also finds that existing adult retail
establishments in Kent having less than thirty (30) percent of its stock -in -trade in adult
4 Adult Retail
entertainment material, and not currently zoned as adult entertainment businesses
pursuant to Title 15 of the Kent zoning code, do not have negative secondary impacts in
the community; and
WHEREAS, it is the purpose of this ordinance to regulate the harmful
adverse secondary effects of adult retail establishments in order to protect citizens of the
City from increased crime; to preserve the quality of life, property values and the aesthetic
and general character of neighborhoods and businesses; to deter the spread of urban
blight; and to protect the health, safety and general welfare of the citizens of the City;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS ADOPTED. The recitals set forth above,
including the findings set forth in Ordinances No. 3214 and 3221, are hereby adopted and
incorporated herein by reference.
SECTION 2. Section 5.10.030 of the Kent City Code is hereby amended
as follows:
Sec. 5.10.030. Definitions. The following words, terms and phrases, when used
in this chapter, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
A. Adult entertainment means any dance, amusement, show, display, merchandise,
material, exhibition, pantomime, modeling or any other like performance of any type for
the use or benefit of a member or members of the public or advertised for the use or
benefit of a member of the public where such is characterized by an emphasis on the
„orf "nudity," " depiction, description or simulation of "specified anatomical areas"
as defined herein, or the exhibition of "specified sexual activities," also defined herein,
or, in the case of live adult entertainment performances, which emphasizes and seeks to
5 Adult Retail
arouse or excite the patron's sexual desires. For the purposes of this chapter, any patron
of an adult entertainment business, as defined in this section, shall be deemed a member
of the public.
B. Adult entertainment business means an any establishment providing adult
entertainment as defined herein, including, but not limited to, adult arcade, adult
bookstore, adult novelty store, adult video store, adult motion picture theater, and exotic
dance studio, more specifically defined as follows:
1. Adult arcade means an commercial establishment where, for any form of
consideration, one (1) or more still or motion picture projectors, slide projectors,
computer generated or enhanced pornography, panorama, peep show, or similar machines,
or other image producing machines, for personal viewing, are used to show films, motion
pictures, video cassettes, slides, or other photographic reproductions which provides
materials for individual viewing by patrons on the premises of the business which are
characterized by an emphasis on the depictions er-description or simulation of "specified
anatomical areas" of "nudity" or "specified sexual activities."
2. Adult motion picture theater means a commercial establishment where
films, motion pictures, video cassettes, slides, or similar photographic reproductions
characterized by an emphasis on the depiction, description or simulation of "specified
anatomical areas" or "specified sexual activities" are regularly shown for any form of
consideration.
6 Adult Retail
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Ill- 011-
6 Adult Retail
3. Adult retail establishment means any bookstore, adult novelty store, adult
video store, or other similar commercial establishment, business, service, or portion
thereof, which for money or M other form of consideration, provides as a significant or
substantial portion of its stock -in -trade the sale, exchange, rental, loan, trade, transfer,
and/or provision for viewing or use off the premises of the business adult entertainment
material as defined in this section. For purposes of this provision, it shall be a rebuttable
presumption that thirty (30) percent or more of a business' stock -in -trade in adult retail
material, based on either the dollar value (wholesale or retail) or the number of titles of
such material, is significant or substantial.
In determining whether or not the presumption is rebutted, the clerk may consider
the following factors, which are not conclusive:
a. Whether minors are prohibited from access to the premises of the
establishment due to the adult entertainment nature of the inventory;
b. Whether the establishment is advertised, marketed, or held out to be an
adult merchandisingfacility;
acility;
C. Whether adult entertainment material is an establishment's primary or one
of its principal business purposes; or
d. Whether thigy (30) percent or more of an establishments revenue is
derived from adult entertainment material.
An establishment may have other principal business purposes that do not involve
the offering for sale or rental of adult entertainment materials
11nud *"" "speeified sextial aetivi and still be categorized as an adult retail
establishment. Such other
business purposes will not serve to exempt such establishments from being categorized
as an adult retail establishment so long
as one (1) of its principal business purposes is offering for sale or rental, for some form
of consideration, the specified adult entertainment materials i"ieh depiet or aes^ribo
Itnua •t.a �, or-"sspeeified sexual ae ivities.
The clerk shall have full discretion toig ve appropriate weight to the factors set
7 Adult Retail
forth above as well as other factors considered depending on the particular facts and
circumstances of each application.
7 Adult nie fie, I.ccc„ryc-MeaccF—rvais-;�cvrmicrca1 establishment .here
films,metien pietufes,video eassettes,slides,
ehar-aet2r-ized by the dGpiEaen OF deseriptie of "nudity"OF "spe ,;fie s ;;1 -A-etiy t;es!
4.-3-. Exotic dance studio, also known as "topless bar" and "adult cabaret,"
means a nightclub, bar, restaurant, or similar commercial establishment, or any premise
or facility to which any member of the public is invited or admitted and where an
entertainer provides live a"It o„to,.tainmepA performances to any member of the public=
which performances are characterized by an emphasis on the depiction, description or
simulation of "specified anatomical areas" or "specified sexual activities," or which
emphasizes and seeks to arouse or excite the patron's sexual desires.
C. Adult entertainment material means any books, magazines, cards, pictures,
periodicals or other printed matter, or photographs, films, motion pictures, video tapes,
slides, or other photographic reproductions, or visual representations, CD Roms, DVDs,
disks, electronic media, or other such media, or instruments, devices, equipment,
paraphernalia, toys, novelties, games, clothing or other merchandise or material which
are characterized by an emphasis on the depiction, description or simulation of "specified
anatomical areas" or "specified sexual activities.
D. City means the City of Kent, Washington.
E. Clerk means such city employees or agents as the mayor shall designate to
administer this chapter, or any designee thereof. Unless otherwise designated by the
mayor, for purposes relating to decisions under this chapter affectingzoning oning pursuant to
title 15 and the filing, of appeals to the hearing examiner as provided for in this chapter,
the term clerk shall mean planning director or his or her designee.
F. Conviction means an adjudication of conviction of guilt and occurs at such time
as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding
the pendency of any future proceedings including but not limited to sentencing or
8 Adult Retail
disposition, post -trial or post -fact finding motions, and appeals. Conviction also means
a bail forfeiture.
G. Employee means any and all persons, including managers, entertainers, and
independent contractors who work in or at or render any services directly related to the
operation of any adult entertainment business offering adult entertainment, whether or not
such person is paid compensation by the operator of said business.
H. Entertainer means any person who provides live adult entertainment in an adult
entertainment business whether or not an employee of the operator and whether or not a
fee is charged or accepted for such entertainment.
I. Establish means and include any of the following:
1. To open or commence any adult entertainment business as a new business;
or
2. To convert an existing business, whether or not an adult entertainment
business, to any adult entertainment businesses defined herein.
3. To add any of the adult entertainment businesses defined herein to any
other existing adult entertainment business; or
4. To relocate any such adult entertainment business.
J. License means a license to operate, manage or entertain at any premises that is
classified as an adult entertainment business.
K. Licensed premises means any premises that requires a license and that is classified
as an adult entertainment business.
L. Licensee means a person in whose name a license to operate, manage or entertain
at an adult entertainment business has been issued, as well as the individual listed as an
applicant on the application for a license.
M. Manager means any person appointed by an owner or operator of an adult
entertainment business who manages, directs, administers or is in charge of the affairs
and/or the conduct or operation of an adult entertainment business and includes assistant
managers.
N4. AWde or- nudity, means:
9 Adult Retail
i. Less than eeaVletely andopaquely eever-ed E)r- in suEh attife, eescume OF
genitals,elething as to expose to view male female genitals, > > ,
or- any peftion of the female breast below a point inffnediately above the top of ar-eehae-,
Of
N. Operator means and includes the owner, permit holder, custodian, manager,
operator, or person in charge of, conducting or maintaining an adult entertainment
business.
O. Panorama or peep show means any device which, upon insertion of a coin or by
any other means, exhibits or displays a picture or view by film, video, or by any other
means.
P. Person means any individual, firm, joint venture, copartnership, association, social
club, fraternal organization, corporation, estate, trust, business trust, receive or any other
group or combination acting as a unit.
CO. Specified anatomical areas means:
1. Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or female breast below a point immediately above the top of areolae; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
R. Specified sexual activities means and .,,hides any of the f 'lowing
1. The caressing, touching, fondling or other intentional or erotic touching
of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of
oneself or of one person by another; or
2. Sex acts, normal or perverted, actual or simulated, including masturbation,
intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are
prohibited by law; or
3. Masturbation, aettial or simulated; of
10 Adult Retail
4.3 Human genitals in a state of sexual stimulation, arousal or tumescence or
visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely
covered; or
5A. Excretory functions as part of or in connection with any of the activities
set forth in subsections 1 through 43 of this subsection.
SECTION 3. Section 5.10.120 of the Kent City Code is hereby amended
as follows:
Sec. 5.10.120. Standards of conduct and operation applicable to exotic
dance studios.
A. Standards for patrons, employees and entertainers. The following standards of
conduct must be adhered to by patrons, entertainers and/or employees of exotic dance
studios at all times adult entertainment is performed.
1. Admission to exotic dance studios under this section shall be restricted to
persons of the age of eighteen (18) years or more.
2. All dances, performances, or exhibitions by an entertainer shall occur on
the entertainment performance areas intended for that purpose described in section
5. 10.110 A.
3. No dances, performances, or exhibitions by an entertainer shall occur
closer than ten (10) feet to any patron.
4. No patron shall go into or upon the adult entertainment performance area
described in section 5.10.110 A. above while adult entertainment is being performed.
5. No patron, employee or entertainer shall be nude on the premises and no
entertainer shall perform adult entertainment as defined in this chapter or otherwise
entertain while nude except on the entertainment performance area described in
subsection 5.10.110 A.
6. No patron, employee or entertainer shall allow, encourage, or knowingly
permit any person upon the premises to touch, caress, or fondle the breasts, buttocks,
anus, pubic area, or genitals of any other person.
11 Adult Retail
7. No patron, employee or entertainer shall allow, encourage, or permit
physical contact between an employee or entertainer and any member of the public, which
contact is intended to arouse or excite sexual desires.
8. No employee or entertainer shall perform acts in a lewd or obscene fashion
or perform acts of or acts which simulate:
a. Specified sexual activities as defined in this chapter; or
b. The touching, caressing or fondling of the breasts, buttocks or
genitals.
9. No entertainer employed or otherwise working at an exotic dance studio
shall solicit any gratuity or other payment from a patron or customer.
10. No customer or patron of an adult entertainment business shall directly pay
or give any gratuity or other payment to any entertainer.
11. It is unlawful for any entertainer, manager, employee, or wait person to
perform more than one (1) such function at an exotic dance studios on the same business
day.
12. It is unlawful for any entertainer to use any stage name or nickname not
listed in the application for entertainers license.
13. No exotic dance studio licensee shall employ as an entertainer a person
under the age of eighteen (18) years or a person not licensed pursuant to this chapter.
14. No exotic dance studio licensee shall service, sell, distribute, or suffer the
consumption or possession of any intoxicating liquor or controlled substance upon the
premises of the licensee.
B. The responsibilities of the manager of an exotic dance studio shall include but are
not limited to:
1. A licensed manager shall be on duty at an exotic dance studio at all times
adult entertainment is being provided or members of the public are present on the
premises. The name and license of the manager shall be prominently posted during
business hours. Managers shall be required to verify and ensure that entertainers possess
a current and valid entertainer license available for immediate inspection on the premises.
12 Adult Retail
2. The licensed manager on duty shall not be an entertainer.
3. The manager licensed under this chapter shall maintain visual observation
of each member of the public at all times any entertainer is present in the public or
performance area of the exotic dance studio. Where there is more than one (1)
performance area, or the performance area is of such size or configuration that one (1)
manager or assistant manager is unable to visually observe, at all times, each adult
entertainer, each employee, and each member of the public, a manager or assistant
manager licensed under this chapter shall be provided for each public or performance area
or portion of a public or performance area visually separated from other portions of the
exotic dance studio.
4. The manager shall be responsible for and shall assure that the actions of
members of the public, the adult entertainers and all other employees shall comply with
the dress code and conduct set forth in section 5.10.120 and all other requirements of this
chapter.
C. Violation/penalty. Any violation of the provisions of this section by a patron,
owner, operator, manager, or any employee is a misdemeanor as set forth in this chapter.
SECTION 4. Section 5.10.140 of the Kent City Code is hereby amended
as follows:
Sec. 5.10.140. Regulations applicable to book stores, novelty stores, video
stores and other businesses whether or not qualifying as adult entertainment
businesses establishment.
A. Book stores, novelty stores, video stores, and other businesses that sell or
otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or
other visual representations which are characterized by an emphasis on the depiction, of
description or simulation of fm&5 "specified anatomical areas" or "specified sexual
activities," whether or not such businesses qualify as an adult entertainment establishment
pursuant to subsection 5.10.030B) 3) KCC under- this ,.i,apte,. an :,.,.ether oet less
than twepAy (20) per-eent of their- steek in trade or- revenues eemes from the rental or sa
13 Adult Retail
of sue :*oshall be subject to the following regulations:
1. All such items as are described above shall be physically segregated and
closed off from other portions of the store so that these items are not visible and/or
accessible from other portions of the store where non -adult entertainment material, if any,
is displayed, sold or rented.
2. No advertising for such items, shall be posted or otherwise visible, except
where such items are authorized for display.
3. Signs readable at a distance of twenty (20) feet shall be posted at the
entrance to the business or the area where such items are displayed stating that persons
under the age of eighteen (18) are not allowed access to the area where such items are
displayed.
4. The manager or attendant shall take responsible steps to monitor the area
where such items are displayed to insure that persons under eighteen (18) years of age do
not access the age -restricted area.
5. Employees of such businesses shall check identification of persons
appearing to be eighteen (18) or under to insure that such items are not rented or sold to
persons under the age of eighteen (18).
B. Rental or sale of obscene material (as defined by state law) or material harmful
to minors (as defined by state law) to persons under eighteen (18) years of age is
prohibited.
C. Violation/penalty. Any violation of the provisions of this subsection by an owner,
operator, manager, or employee of an adult entertainment business is a misdemeanor as
set forth in this chapter.
SECTION S. Section 5.10.200(C) of the Kent City Code is hereby
amended as follows:
C. Notice. The clerk shall provide at least ten (10) days prior written notice to the
licensee of the decision to suspend or revoke the license. Such notice shall inform the
licensee of the right to appeal the decision to the hearing examiner and shall state the
14 Adult Retail
effective date of such revocation or suspension and the grounds for revocation or
suspension. Such appeal shall be filed with the clerk within ten (10) days of said notice
and shall be processed pursuant to the hearing procedures set forth in chapter 2.32 of the
Kent City Code. The hearing examiner shall set a date for hearing such appeal, to take
place within forty-five (45) days of the date of receipt of the notice of appeal unless such
time is extended by mutual consent. At such hearing the appellant and other interested
persons may appear and be heard, subject to rules and regulations of the hearing
examiner. The decision of the clerk shall be stayed during the pendency of any appeal to
the hearing examiner and during any judicial appeal.
SECTION 6. Section 15.02.006 of the Kent City Code is hereby
amended as follows: ] Z
Den. 15.02.006. Adult -t eek9stEr=e fneairs--i eon'Aner '�rcc^1
— . Lr- other pefiedieals distinguished or- ehar-aeter-ized by an emphasis on fRaftef
areas. Sueh an establishfnepA is eustomar-ily ne4 open to the publie generally but only - -
rebuttable presumption that twenty (20) per-eefA of a business's steek in trade is
eonsidered substantial.
See. 15.02.006. Adult entertainment. Adult entertainment means any dance,
amusement, show, display, merchandise, material, exhibition, pantomime, modeling or
any other like performance of any type, for the use or benefit of a member or members of
the public or advertised for the use or benefit of a member of the public where such is
characterized b. an n emphasis on the depiction, description or simulation of "specified
anatomical areas," as defined in this chapter, or the exhibition of "specified sexual
activities," also as defined in this chapter, or, in the case of live adult entertainment
performances, which emphasizes and seeks to arouse or excite the patron's sexual desires.
Any patron of an adult entertainment business, as defined in section 15.02.007
15 Adult Retail
KCC, shall be deemed a member of the public.
SECTION 7. Section 15.02.007 of the Kent City Code is hereby amended
as follows:
media,
distinguished or- ehar-aeter-ized by an emphaf
anatemieal areas for observation by patrons theFei-a. This tefm ineludes outdoor- dr -iv
f
observation by patr-ens.
Sec. 15.02.007 Adult entertainment business. Adult entertainment business
means any establishment providing adult entertainment as defined in section 15.02.006
KCC, including, but not limited to, adult arcade, adult bookstore, adult novelty store,
adult video store, adult motion picture theater, and exotic dance studio, more specifically
defined as follows:
A. Adult arcade means a commercial establishment where, for any form of
consideration, one (1) or more still or motion picture projectors, slide projectors,
computer generated or enhanced pornography, panorama, peep show, or similar machines,
or other image producing machines, for personal viewing, are used to show films, motion
pictures, video cassettes, slides, or other photographic reproductions which provides
materials for individual viewing by patrons on the premises of the business which are
characterized by an emphasis on the depiction, description or simulation of "specified
anatomical areas" or "specified sexual activities."
B. Adult motion picture theater means a commercial establishment where films,
motion pictures, video cassettes, slides, or similar photographic reproductions
characterized by an emphasis on the depiction, description, or simulation of "specified
anatomical areas" or "specified sexual activities" are regularly shown for any form of
16 Adult Retail
consideration.
C. Adult retail establishment means any bookstore, adult novelty store, adult video
store, or other similar commercial establishment, business, service, or portion thereof,
which for money or any other form of consideration, provides as a significant or
substantial portion of its stock -in -trade the sale, exchange, rental, loan, trade, transfer,
and/or provision for viewing or use off the premises of adult entertainment material as
defined in this chapter. For purposes of this provision, it shall be a rebuttable
presumption that thirty (30) percent or more of a business' stock -in -trade in adult retail
material, based on either the dollar value (wholesale or retail) or the number of titles of
such material, is significant or substantial.
In determining whether or not the presumption is rebutted, the clerk may consider
the following factors, which are not conclusive:
1. Whether minors are prohibited from access to the premises of the
establishment due to the adult entertainment nature of the inventory;
2. Whether the establishment is advertised, marketed, or held out to be an
adult merchandisingfacility;
acility;
3. Whether adult entertainment material is an establishment's primary or one
of its principal business purposes; or
4. Whether thirty(30) percent or more of an establishments revenue is
derived from adult entertainment material.
An establishment may have other principal business purposes that do not involve
the offering for sale or rental of adult entertainment materials and still be categorized as
an adult retail establishment. Such other business purposes will not serve to exempt such
establishments from being categorized as an adult retail establishment so long as one (1)
of its principal business purposes is offering for sale or rental, for some form of
consideration, the specified adult entertainment materials."
The clerk shall have full discretion toig ve appropriate weight to the factors set
forth above as well as other factors considered depending on the particular facts and
circumstances of each application.
17 Adult Retail
D.-3 -. Exotic dance studio, also known as "topless bar" and "adult cabaret," means a
nightclub, bar, restaurant, or similar commercial establishment, or any_premise or facility
to which any member of the public is invited or admitted and where an entertainer
provides live performances to any member of the public, which performances are
characterized by an emphasis on the depiction, description, or simulation of "specified
anatomical areas" or "specified sexual activities," or which emphasizes and seeks to
arouse or excite the patron's sexual desires.
SECTION 8. Section 15.02.008 of the Kent City Code is hereby amended
as follows:
Sec. 15.02..008. Adult uses. Adult uses means and includes shall ,,,hide adtII4
motion pietur-e theatfes, -adult .hive : theatres, adult bookstores n.,`] any_adu
entertainment business as defined by section 15.02.007 KCC and regulated pursuant to
Chapter 5.10 KCC.
SECTION 9. Section 15.02.009 of the Kent City Code is hereby
amended as follows:
Sec. 15.02.009. Adult entertainment materialestallisk-meat. Adult
entertainment material An adult enteftainme t esta lister en means any books,
magazines, cards, pictures, periodicals or other printed matter, or photographs, films,
motion pictures, video tapes, slides, or other photographic reproductions, or visual
representations, CD Roms, DVDs, disks, electronic media, or other such media, or
instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other
merchandise or material which are characterized by an emphasis on the depiction,
description or simulation of "specified anatomical areas" or "specified sexual
activities. ,
ehar-aeter-ized by an emphasis on eenduet that depiets, displays or- r -elates to speeified
sexual aetivities OF speeified anatemieal areas as defined in seetions 15.02.502 a
18 Adult Retail
SECTION 10. Section 15.02.502 of the Kent City Code is hereby
amended as follows:
Sec. 15.02.502. Specified anatomical areas. Specified anatomical areas means:
A. Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or and female breast below a point immediately above the top of the
areolae;or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
SECTION 11. Section 15.02.503 of the Kent City Code is hereby
amended as follows:
Sec. 15.02.503. Specified sexual activities. Specified sexual activities means:
A Human genitals in a state of sexual stimulation or arousal.
B. A ets of human masturbation, sexual inter-,,euTse o edem.,
e L .11' or -other- er-et a 4e,,el,;v g of In ma genitals, ubie region,1,,,44eel
f m.,le breast
A. The caressing, touching, fondling, or other intentional or erotic touching of male
genitals female genitals, pubic region, buttocks, anus, or female breasts of oneself or of
one person by another, or
B. Sex acts, normal or perverted, actual or simulated, including masturbation,
intercourse, oral copulation, flagellation, sodomy, bestialily, or any sexual acts which are
prohibited by law; or
C. Human genitals in a state of sexual stimulation, arousal or tumescence or visual
state of sexual stimulation, arousal or tumescence, even if completely and opaquely
covered; or
D. Excretory functions as part of or in connection with any of the activities set forth
19 Adult Retail
in A through C of this section.
SECTION 12. Termination of Moratorium. The moratorium on the
acceptance of applications for and the issuance of any license, permit, or approval for
adult retail establishments set forth in Resolution Nos. 1520, 1521 and 1534, and any
further renewals thereof, shall terminate on the effective date of this ordinance
SECTION 13. Non -conforming Use. Any adult retail establishment in
existence as of November 3, 1998, the effective date of the moratorium set forth in
Resolutions Nos. 1520, 1521 and 1534, and any further renewals thereof, shall be deemed
a legal non -conforming use to the extent the zoning code amendments set forth in this
ordinance would prohibit said establishment from being located in its existing site due to
the zoning of the establishment.
SECTION 14. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect.
SECTION 15. - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after the date of passage and publication as provided by
law.
ATTEST:
�ill►��fd/:IYY� u : • : /
BRENDA JACOBOR, JtITY CLERK
20 Adult Retail
APPROVED AS TO FORM:
• e
PASSED
APPROVED:
ATTORNEY
day of , 1999.
day of , 1999.
PUBLISHED: O day of eoC]66-� , 1999.
I hereby certify that this is a true copy of Ordinance No. 3 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JA OB R, CITY CLERK
P: \CiviAOrdinanceladult2. doc
21 Adult Retail