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HomeMy WebLinkAbout042511_ra04 Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners ~ Philip Morley, County Administrator AI Scalf, Deparlment of Community Development (DCD) Direc Stacie Hoskins, DCD Planning Manager ~ David Wayne Johnson, Associate Planner April 25, 2010 Re-establishment of Adult Business Moratorium FROM: DATE: SUBJECT: STATEMENT OF ISSUE: Initially commenced during the 2005 Housekeeping Omnibus for Permit Efficiency (HOPE), the BOCC has adopted several moratoria on adult businesses. The Planning Commission submitted its recommendation to the BoCC for amendment to the UDC on March 22, 2011. The Board would like to conduct a workshop to further explore the possibility of enacting business licensing provisions as well as land use regulations, making it necessary to extend the moratorium. To date, no applications for adult businesses have been submitted. The Board has adopted seven moratoria regarding adult businesses: . Ordinance No. 04-0314-05, adopted March 14, 2005 · Ordinance No. 05-0505-08, adopted May 5, 2008 . Ordinance No. 10-1103-08, adopted November 3, 2008 . Ordinance No. 05-0427-09, adopted April 27, 2009 . Ordinance No. 08-1109-09, adopted November 9, 2009 · Ordinance No. 02-0510-10, adopted May 10,2010 . Ordinance No. 06-1025-10, adopted October 25,2010 and expires April 25, 2011 ANALYSIS/STRATEGIC GOALSIPROS and CONS: Moratoriums are valid for 6-month periods so they must be reinstated periodically as the final legislation is drafted. The regulations and related issues for siting and licensing Adult Businesses are currently being researched by the BoCC. The current moratorium will expire before anticipated adoption of those regulations. Legal counsel has reviewed the proposed ordinance and approved it as to form. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The BOCC is required to hold a public hearing within 60 days of adoption of the moratorium. RECOMMENDATION: DCD recommends the BOCC: 1. Re-establish the REVIEWED BY: 1 JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting a Moratorium against the Issuance Of Permits or Approvals Pertaining To Adult Businesses } } } } Ordinance No. WHEREAS, the County has determined to develop land use and development regulations for adult businesses; and WHEREAS, the County requires time to consider properly and carefully the potential location and regulation of adult businesses; and WHEREAS, based on a wide range of testimony and documents presented to other counties and cities by law enforcement officers and the public, County staff has concluded that adult businesses, although afforded limited constitutional protection, often result in undesirable secondary effects, including criminal and other unlawful activities such as narcotics and liquor law violations, breaches of peace, and assaults and sexual contact between patrons and entertainers; and WHEREAS, the conclusions of the County staff dovetail with and support the general collective knowledge of the three elected members of the County Commission, also known as the BoCC, relating to adult businesses; and WHEREAS, the BoCC :finds that the County's land use planning process will suffer significant harm unless applications for permits and approvals for adult businesses are prohibited until the planning process is completed; and WHEREAS, the BoCC :finds that protection of the health, safety and welfare of the County's populace supports establishment of a moratorium on applications for permits and approvals for adult businesses, thereby creating an emergency in this County as referenced in the Planning Enabling Act at RCW 36.70.790; and WHEREAS, RCW 36.70A.390, a section of the Growth Management Act (Ch. 36.70A RCW), authorizes a County to adopt a moratorium on development 1 Ordinance No. _",,,,.,...,-r_ permits and approvals for adult businesses and thereafter to hold a public hearing on the moratorium within 60 days of the commencement of the moratorium; NOW, THEREFORE BE IT RESOLVED, that the Board of County Commissioners ordains as follows: SECTION 1. Moratorium Established. A moratorium is imposed upon the filing with the County any applications for permits or approvals for "adult businesses." "Adult businesses" are defined for the purposes of this ordinance in Exhibit A. attached hereto and incorporated by reference. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances shall not be affected. SECTION 3. Effective Date. This ordinance shall take effect immediately after passage. It shall be effective for six (6) months. APPROVED AND SIGNED THIS DAY OF April 2011. SEAL ffiFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member ATIEST David Sullivan, Member Loma Delaney Clerk of the Board Approved as to form 4/ 1'1'/ Z1> II DPA David Alvarez, ChiefC' 2 Ordinance No. EXHIBIT A (a) "Adult businesses" means any establishment or premises which has as a substantial or significant portion of its trade, the display, barter, rental or sale of any adult entertainment medium, or which meets the definitions of "Adult Retail Establishment", "Adult Theatre" or "Adult Entertainment Establishment". . (b) "Adult retail establishment" means any premises in which twenty-five percent or more of the retail space open to patrons consists of merchandise distinguished or characterized by the depiction, description, simulation or relation to "specified sexual activities" or "specified anatomical areas" as those terms are defmed below. Merchandise for the purposes of this definition may include but is not limited to books, video, photographs, devices, magazines, posters or other mediums utilized to sell or display material. (c) "Adult Theatre" means any place of public assembly at which motion picture, slides, videos, films or any other method of visual media are presented which are characterized by depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defmed in this section, for observation by patron therein. This shall not include movies that have been rated G, PG, PO-l3, NC-13, NC-17 or R by the Motion Picture Association of America. (d) "Adult Entertainment Establishment" means any business or establishment which displays any performance, display, dance or any other medium which the public, patrons, or members are invited or admitted where such entertainment involves a person appearing or performing who: i) Is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, vulva or (without regard to gender) any portion of the pubic region, anus or genitals; or ii) Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of themselves, a patron, another employee, or anyone else, with the intent to sexually arouse or excite. (e) "Specified anatomical areas" means any of the following: i) less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately about the top of the areola; ii) Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (f) "Specified sexual activities" means any of the following: i) Human genitals in a state of sexual stimulation or arousal; or ii) Acts of human masturbation, sexual intercourse, sodomy or bestiality; or iii) Fondling or other erotic touching of human genitals, pubic region, human anus, or female breast. 3 Ordinance No.