HomeMy WebLinkAbout04 0314 05
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. 04-0314-05
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
staffhas 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
1
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
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 defmed 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 is'
not affected.
SECTION 3. This ordinance shall take effect immediately after passage.
APPROVED AND SIGNED THIS 14th DAY OF MARCH. 2005.
SEAL
JEFFERSON COUNTY
BOARD OF CO SSIONERS
,_ . þ_....~ J
~.('''' .'\' yr.,""'''.
:'7. ; f;) .< .. .,. .', .
... . ~" ~ . {'I ~~l. .f;. f ". \ '.
I ".. r1~ '~. J t
'.' ;': \* . . .~. . ~. \
'.:.' \\ ' . .! .. .~~'.:-."
\ . . "1).
· . f' ~.
',: j . t ." -
. ~ t .......... i'.' . ,. .. .
,\a.:.:.....,.. ","'""""""".c
, '~ it'" .~',:\." .",' ¡/
',. '.1 ¡,.... ....'..
"...... ~,
ATTEST / "__J' .
P . Johns , Chair
/)~p~
David Sullivan, Member
~~~~
Clerk of the Board
~~~:?
Patrick M. Rodgers, Member
~Ved as to Form:
~. ~ ?11'1Jo?
David Alvarez
Deputy Prosecuting Attorney
2
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
defined 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 defined in this section, for
observation by patron therein. This shall not include movies that have been rated
G, PG, PG-13, 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