Loading...
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 1 Retail Establishment Moratorium 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 2 Retail Establishment Moratorium 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 3 Retail Establishment Moratorium 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. 4 Retail Establishment Moratorium 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.: 5 Retail Establishment Moratorium