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Home My WebLink About10 1103 08 cc: ~AD J i tltglo1 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. 10-1103-08 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 1 Ordinance No. 10-1103-08 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 RESOL VED, 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 is not 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 3rd DAY OF November 2008. SEAL JEFFERSON COUNTY BOARD OF C MMISSIONERS Phil John n, Chair ULL~ ' David Sullivan, Member Ohtf1~~ ~lie Matthes. I Clerk of the Board .. . u Approved as to form only: , 1\\5\02 2 Ordinance No. 10-1103-08 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 Ordinance No. 10-1103-08 Regular Agenda Ib! 00 AM JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, county~inistrator AI Scalf, DCD Direct Stacie Hoskins, Planni anager ~ Ryan Hunter, Assistant Planner 'k/( November 3,2008 Re-establishment of Adult Business Moratorium FROM: DATE: SUBJECT: STATEMENT OF ISSUE: On February 16, 2005, the Planning Commission unanimously agreed to request the Board of County Commissioners (BoCC) to pass a moratorium prohibiting the issuance of permits and approvals pertaining to adult businesses until the appropriate planning and regulations could be completed. On March 12, 2005 the BoCC passed such a moratorium pursuant to RCW 36.70A.390. The moratorium was enacted during the 2005 Housekeeping Omnibus for permit Efficiency (HOPE) UDC amendment. Repeated discussions were held over UDC amendment priorities and adequacy of time for DCD staff and Planning Commission to complete a final adult business ordinance. The topic was also readdressed during work plan discussions for FY 2006-2007. Staff time is severely constrained. Within that time, the moratorium expired. On April 16, 2008, the Planning Commission requested DCD to reinstate the moratorium on adult businesses in Jefferson County. On May 5, 2008, the Board of County Commissioners reinstated the moratorium and on June 16, 2008 the BoCC held a public hearing on the extension of the moratorium. The Planning Commission has made significant progress on this issue. A Planning Commission sub- committee has drafted a report and adult business ordinance. The Planning Commission has reviewed and approved the draft. DCD staff intends to further review this draft and prepare a staff recommendation. The adult business moratorium, however, expires on November 5, 2008, and the staff and Planning Commission recommendations are not expected to be presented to the BoCC prior to the expiration. We therefore recommend that the moratorium be re-established. The moratorium ordinance is attached. ANAL YSIS/STRA TEGIC GOALSIPROS and CONS: Moratoriums are valid for 6-month periods so they must be reinstated periodically as the final legislation is drafted. 1 Regular Agenda AM We weigh the impact upon staff time to continue the moratorium and to conduct the UDC amendment process against the unfortunate situation of receiving an application for an adult business without the necessary planning and permitting to administer the application, and have determined that it is strategically preferable to continue the moratorium. Significant progress has been made on the drafting of an ordinance during the moratorium period. More time is needed to review the draft ordinance and produce a staff recommendation. FISCAL IMPACT/COST -BENEFIT ANALYSIS: There is no fiscal impact as a result of this action. A public hearing will need to be held by the BoCC within 60 days of the moratorium. DCD staff will review the Planning Commission's draft ordinance and develop a staff recommendation while the moratorium is in place. RECOMMENDATION: DCD recommends re-establishing the moratorium. REVIEWED BY: . strator teti-q~B Date 2