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JEFFERSON COUNTY
STATE OF WASHINGTON
In The Matter of Enacting a
Moratorium against the Issuance
Of Permits or Approvals Pertaining
To Adult Businesses
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Ordinance No. 0>'-0510-10
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 oftestimony 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
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Ordinance No.
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.: .' ., O:roi.narice No. 02-0510..'10
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peltnitsaridapprovals fOr adult9uSlnessesand 1:l1ereafulrtohold ap~blichearing on
the motlltorjmn witl# 6Qdays ofthecommeri.cemet1t of the moratorium;
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$ECnONL'Moratorium.EStabli~hed.. .' Amofatoriumisimposeduponthe..
til~g with the County' lUlyapplicatioI1$for ~its()rapprovals for "adult .
businesses." . "A,d\1lt bus~~'~defi1led ror the p~oftbis ordinance in
"Exhibit ./\,. attaChed ijereto and in(;()tpQrate4byreference~ .
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. SECTION 2. Severability. If any . provision o( this ordinance or its .
application to any person' Or chWmstance is held invalid,. the remainder of the .
ordinance, or the application of the provisioll to other persons or circwnstances is
nQt affected. ' . '. . .
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, 'SECTION 3. Eff,ecqve 'Qate. . This ordinance shall take effect immediately
after passage. It shall be effective for six (6) months:. .
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APPROVED AND SIGNED TInS J O. DAY OF May 2010.
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JEFFERSON coUN'I'Y . .
BOARD OF OMMISSI(}NERS
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frDdinance No. 02-0510-10
EXHIBIT A
(a) "Adult businesses" means any establishment or premises which has as a
substantial or significant ponion 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 Eutertainment 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 Hi) Fondling or other erotic touching of human
genitals, pubic region, human anus, or female breast.
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Regular Agenda
10:00 AM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
DATE:
SUBJECf:
Board of County Commissioners
Philip Morley, County Administrator h _
AI Scalf, Department of Community Development (DCD) Dir~
Stacie Hoskins, DCD Planning Manager ~
David Wayne Johnson, Associate Planner
May 10,2010
Re-establisbment of Adult Business Momtorium; and
Approval ofLegal Notice for Public Hearing
TO:
FROM:
STATEMENT OF ISSUE:
The 'Planning Agency and Board of County Commissioners have determined a need for Adult Business
regulations. A moratorium per RCW 36.70A.390 would allow Jefferson County time to establish
appropriate siting criteria and regulations prior to submittal of development proposals. The most recent
moratorium (Ord No. 08-1109-09) was adopted November 9, 2009 and expires May 9,2010. The
proposed momtorium ordinance is attached.
BACKGROUND: On February 16, 2005, the Planning Commission lmanimously agreed to request the
Board of County Commissioners pass a momtorium prohibiting the issuance of permits and approvals
pertaining to adult businesses until the appropriate planning and regulations could be done. On March 14,
2005 the BoCC passed such a momtorium pursuant to RCW 36.70A.390.
Initially commenced during the 2005 Housekeeping Omnibus for Permit Efficiency (HOPE), the BOCC has
adopted several moratoria on adult businesses. The PC subcommittee prepared a report and draft adult
business ordinance language to further the progress on ultimate adoption of development regulations
addressing adult businesses.
UDC amendments are governed by Jefferson County Code, JCC 18.45.090, and subject to review under the
State Enviroumental Policy Act (SEP A), WAC 197-11. The UDC amendment process can be simplified to 8
Steps detailed below. This amendment proposal is at Step 4.
1. Amendment initiated by DCD staff, the BOCC, the PC or by application.
2. DCD staff provides pre1iminary review of the proposed amendment and presents to BOCC for
direction on whether or not to place on DCD work plan.
3. DCD staffreviews the amendment, prepares a staffreport and makes recommendation.
4. Notice of Intent to amend the development regulations shall be provided, and public hearing before the
PC is scheduled
a. At least 10 days prior to the date of the hearing per JCC 18.45.090(2)(b); and
b. At least 60 days prior to final adoption per WAC 365-195-620.
5. The PC shall hold a public hearing, JCC 18.45.090(3)
6. The PC shall make a recommendation to the BOCC using the site-specific criteria set forth in JCC
18.45.080(1)(b) and (1)(c), as applicable.
7. The BOCC shall consider the proposed amendment at a regularly scheduled meeting and apply the
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Regular Agenda
10:00 AM
criteria set forth in JCC 18.45.080(1)(b) and (l)(c), as applicable.
8. The BOCC may adopt the PC recommendation or may conclude a change in the recommendation is
necessary. A change requires the Board conduct its own public hearing and comply with notice
requirements.
On November 9, 2009, the BOCC voted unanimously to continue to maintain the moratorium on adult
businesses (Ord No. 08-1109-09) and continue review of amendment (MLA08-00257) in the first quarter
of2010. To date, no applications for adult businesses have been submitted, and the Board has adopted
five 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 November3, 2008
. Ordinance No. 05-0427-09, adopted April 27, 2009
. Ordinance No. 08-1109-09, adopted November 9,2009 and expires May 9, 2010
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 for siting Adult Businesses is currently being reviewed and considered by the
Planning Commission with a public hearing scheduled for May 19, 2010. The current moratorium will
expire before anticipated adoption of those regulations in late June or early July 2010. 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 moratorium by adopting the attached Ordinance; and
2. Approve the attached legal notice for a Public Hearing on June 7, 2010.
REVIEWED BY:
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Date
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0'( L~. \) 0) :s 11\ \ 10
Regular Agenda
10:00 AM
To:
Port Townsend & Jefferson County Leader
LEGAL NOTICE
Publish one (I) time:
Wednesday, May 26, 2010
Please nse 7-nolnt font.
Staff Contact:
Jefferson COWlty Department of Community Development
621 Sberidan St., Port Townsend, WA 98368
Customer #: 17385
Stacie Hoskins, Planning Manager, (360) 379-4450
Bill:
Date:
May 24,2010
NOTICE OF PUBUC HEMUNG
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold a public hearing
on Monday, June 7,2010 at 10:00 AM in the Board Chambers at the Jefferson County Courthouse, 1820 Jefferson
Street, Port Townsend, WA 98368.
The purpose of the pUblic hearing is to hear testimony regarding Ordinance No. 08-1109-09, enacting a six month
moratorium against the issuance of pennlts or approvals pertaining to adult businesses.
For further Infonnatlon, please contact Long-Range Planning, Depl of Community Development, 621 Sheridan
Street, Port Townsend, WA 98368, (360) 379-4465.
Date:
,
David
. an, Chair
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