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HomeMy WebLinkAbout3059ORDINANCE NO. 3059 AN ORDINANCE of the City of Port Angeles, Washington, revising the City's zoning regulations pertaining to adult entertainment businesses by restricting such businesses to industrial zones without requiring conditional use permits and by revising the land use separation requirements for such businesses, revising the City's business license regulations pertaining to adult entertainment businesses by requiring a business license to be obtained annually and to be approved or denied within 10 working days and by adding more specific performance standards, amending Ordinances 2532 and 2789 as amended, repealing Ordinance 2511 as amended, and amending Chapters 3.70, 5.50, 17.30, 17.32, and 17.34, repealing Chapter 17.25, and creating Chapter 17.50 of the Port Angeles Municipal Code. WHEREAS, the City of Port Angeles first adopted zoning and business license regulations pertaining to adult entertainment businesses in 1988; and WHEREAS, since 1988, state and federal court decisions have provided further guidance as to the legality of various types of adult entertainment business regulations; and WHEREAS, the City has reviewed the studies and experience of other cities and states in attempting to deal with the specific adverse impacts of adult entertainment businesses, including the Cities of Olympia, Bellevue, and Kent, Washington, Austin, Texas, and the State of Minnesota; and WHEREAS, based on these studies and experience, the City has determined that there are deleterious secondary effects of adult entertainment business that can be minimized through the adoption of specific zoning and business license regulations that are narrowly tailored to alleviate these harmful effects; and WHEREAS, adult entertainment businesses are increasingly associated with ongoing criminal activity such as prostitution, illegal drug transactions, disruptive conduct, and other criminal 1 activity; and WHEREAS, the adjacency of residential and many commercial uses to adult entertainment businesses reduces the value of residential and commercial property; and WHEREAS, based upon the experience of other cities and states as well as information gathered by City staff related to the availability of sites for adult entertainment businesses within the City of Port Angeles, the City Council finds that the adoption of zoning regulations for adult entertainment businesses is necessary to prevent a concentration of such businesses that would increase their adverse effects and to protect children by minimizing the proximity of such businesses to churches, parks, schools, libraries, child day -care facilities, and residential zones; and WHEREAS, utilizing 500 feet (typical length of a city block) as the requisite spacing between adult entertainment businesses and land uses such as churches, parks, schools, libraries, child day -care facilities, and residential zones and utilizing 500 feet (typical length of a city block) as the requisite spacing between adult entertainment businesses and other such businesses, while allowing adult entertainment businesses to locate in industrial zones, will provide necessary minimum separation and buffering, while providing a reasonable amount of land within the City to be available for adult entertainment businesses; and WHEREAS, business license regulations are a legitimate means of insuring that managers of adult entertainment businesses comply with reasonable measures designed to protect the general welfare of the community and of insuring that minors are not being exploited, and the business license fees imposed are reasonably necessary in order to defray the costs incurred in regulating adult entertainment businesses; 2 WHEREAS, the City's law enforcement resources available for responding to problems associated with or created by adult entertainment businesses are limited and are best conserved by regulating and licensing adult entertainment businesses; and WHEREAS, the City Council finds that the adoption of zoning and business license regulations pertaining to adult entertainment businesses is necessary to protect the health, safety, and welfare of its citizens; and WHEREAS, it is the intent of this ordinance to enact reasonable and narrow time, place, and manner regulations which address the compelling interests of the City in mitigating adverse secondary effects of adult entertainment businesses; and WHEREAS, it is not the intent of this ordinance to unreasonably suppress any speech activities protected by the First Amendment of the U.S. Constitution or Article I, Section 5 of the Washington State Constitution but to enact regulations which address the deleterious secondary effects of adult entertainment facilities as well as the health problems associated with such businesses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. Ordinance 2532 and Chapter 5.50 of the Port Angeles Municipal Code are hereby amended by amending PAMC 5.50.020, .030, and .060 to read as follows: 5.50.020 License Required. No person shall operate, or cause to be operated, an adult entertainment business in the City without first obtaining from the City Clerk an annual business license for that purpose. 3 5.50.030 License Application. In addition to all other information required of an applicant for a business license, an applicant for an adult entertainment business license shall pay a $1-00 license fee in the amount set forth in Chapter 3.70 PAMC and provide the following information: A. All applications shall be submitted on a form supplied by the City Clerk, which shall require the following information: 1. The name, home address, home telephone number, date and place of birth, driver's license number, if any, and social security number of the applicant if the applicant is an individual; 2. The business name, address, and telephone number of the establishment; 3. The names, addresses, telephone numbers, dates and places of birth, and social security numbers of officers, directors, and any general partners, ' , with management responsibility in connection with the business, specifying the interest or management responsibility of each; 4. The names, addresses, telephone numbers, dates and places of birth, and social security numbers of all employees; 5. Terms of any loans, leases, secured transactions, and repayments therefor relating to the business; 6. Addresses of the applicant for the five years immediately prior to the date of application; 7. A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county, or state, had had a business license or land use permit revoked or suspended, the reason therefor, and the activity or occupation subsequent to such action, suspension, or revocation; 8. Any and all criminal convictions or forfeitures other than parking offenses or minor traffic violations, including dates of conviction, nature of the crime, name and location of court, and disposition of each owner, partner, or corporation; 9. A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application; 10. Authorization for the City, its agents and employees, to seek information to confirm any statements set forth in the application; 11. Supplemental identification, including photographs of all persons required to be identified in the application, and/or information necessary to confirm matters set forth in the application. B. All information provided on the application form shall be kept up to date by informing the City Clerk of personnel changes or any other change in the information provided on the license application. Documentation of age requirements shall be submitted with the application and with information updates. The City Clerk shall review the application and shall approve or deny a license within 10 working days for any application or business that respectively does or does not meet the requirements and standards of this Chapter. 5.50.060 Operation and Development Standards. All adult entertainment businesses shall comply with the following operation and development standards: g p g AB. The interior of the premises shall be arranged such that no adult entertainment shall be visible from the exterior of the premises. B. No adult entertainment involving live exhibitions or dancing shall occur except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest patron. C. No person shall be allowed entry onto the premises who is younger than eighteen years of age. D. The business shall be operated and managed by persons whose background and experience demonstrate the ability to maintain compliance with all applicable Federal, State, and local laws and the provisions of this Chapter. The business shall not have operators, managers. or employees with criminal convictions for crimes involving prostitution, sexual violations with 5 minors, sexual violence, distribution of obscenity or material harmful to minors, perjury, fraud, sales of controlled substances, organized crime, or crimes connected with another adult entertainment business. E. The Police Department shall be authorized to make inspections at all times as necessary to ensure compliance with this Chapter and other applicable laws. F. Sufficient illumination shall be provided so that all objects are plainly visible at all times. Such illumination shall be not less than ten foot - candles at floor level at all times when the premises are open or when any member of the public is permitted to enter and remain therein. G. No alcoholic beverages shall be served or allowed on the premises. H. No tipping or physical contact shall be allowed directly between the audience (customers) and the performers. I. No sexual acts, lewd behavior, representations of sexual acts or lewd behavior, or obscene visualizations shall be allowed. J. A minimum audience seating area of 400 square feet and 20 seats shall be required for any areas where any live exhibition or dancing takes place. Section 2. Ordinance 2511 as amended and Chapter 17.25 of the Port Angeles Municipal Code are hereby repealed. Section 3. A new Chapter 17.50 of the Port Angeles Municipal Code is hereby adopted to read as follows: Sections: 17.50.010 Purpose Chapter 17.50 Adult Entertainment Uses 6 17.50.020 Definitions 17.50.030 Location Requirements 17.50.040 Signs 17.50.050 Exceptions 17.50.010 Purpose. The purpose of this Chapter is to ensure that adult entertainment businesses are appropriately located and operated within the City of Port Angeles, are compatible with uses allowed within the City, and are conducive to the public health, safety, and welfare. 17.50.020 Definitions. A. "Adult entertainment business" includes any premises operated as a commercial enterprise, where any live exhibition or dance of any type is conducted, which exhibition or dance involves a person that 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 and/or any portion of the genital region. B. "Commercial Zones" includes the Commercial, Office (CO) Zone, the Commercial, Neighborhood (CN) Zone, the Community Shopping District (CSD) Zone, the Commercial, Arterial (CA) Zone, and the Central Business District (CBD) Zone. C. "Industrial Zones" includes the Industrial Park (1P) Zone, the Industrial, Light (IL) Zone, and the Industrial, Heavy (IH) Zone. D. "Obscene" means having such quality or being of such nature that, if taken as a whole by an average person applying contemporary community standards, would appeal to a prurient interest in sex, would depict patently offensive representations of sexual acts or lewd behavior, and would lack serious literary, artistic, political, or scientific value. E. "Residential Zone" includes the Residential, Single Family (RS -7 and RS -9) Zones, the Residential Trailer Park (RTP) Zone, the Residential, Medium Density (RMD) Zone, and the Residential, High Density (RHD) Zone. 17.50.030 Location Requirements. A. Adult entertainment businesses shall be prohibited in all residential and -7- commercial zones. B. Adult entertainment businesses shall be permitted in industrial zones, if the adult entertainment business is located no closer than 500 feet from another adult entertainment business, whether such business is located within or outside the City limits, no closer than 500 feet from any residential zone, whether such zone is located within or outside the City limits, and no closer than 500 feet from any of the following uses, whether such uses are located within or outside the City limits: a. Public park, including public recreation trail; b. Public library; c. Child day -care center, preschool, or nursery school; d. Public or private primary or secondary school (grades K -12); and e. Church, provided that, for the purpose of this Chapter, "Church" shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. D. If, after the adoption of this Chapter, a public park or library, child day -care facility, a school or church should chose to locate in a zone that authorizes adult entertainment businesses, it shall do so at its own risk and without the protection of the separation requirements of this Chapter. E. The distances provided in this Section shall be measured by the shortest pedestrian route following improved public rights -of -way from the nearest point of the property parcel upon which an adult entertainment business is to be located to the nearest point of a property parcel of a use or zone from which an adult entertainment business is to be separated. 17.50.040 Signs. All signs shall be in compliance with the regulations for such signs as set forth in the zoning requirements for the applicable zone; provided that such signs shall not contain any obscene language or other form of obscene communication. 8 17.50.050 Exceptions. This Chapter shall not be construed to prohibit the following: A. Plays, operas, musicals, or other dramatic works which are not obscene. B. Classes, seminars, and lectures held for serious scientific or educational purposes. C. Exhibitions or dances which are not obscene. D. Political performances and presentations which are not obscene. Section 4. Ordinance 1709 as amended and Title 17 of the Port Angeles Municipal Code are hereby amended by amending PAMC 17.30.020, 17.32.020, and 17.34.020 to read as follows: 17.30.020 B. Retail: 1. Adult entertainment businesses. -2. Auto service stations. 43. Cocktail lounges and taverns. 34. Restaurants and cafes. 25. Retail establishments accessory to building materials, electrical, and plumbing supplies. 17.32.020 B. Retail: 1. Adult entertainment businesses. -1.2. Auto and truck service stations, gasoline service islands. 53. Chain saw sales and service stores. 4. Cocktail lounges and taverns. 35. Restaurants and cafes. 26. Retail establishments accessory to building materials, electrical, and plumbing supplies. 17.34.020 K. Night club, pool hall, dance hall, boxing arena, penny arcade, shooting gallery, adult entertainment business, or similar amusement enterprise. Section 475 Ordinance 2789 as amended and Chapter 3.70 PAMC are hereby amended by amending PAMC 3.70.020 to read as follows: 3.70.020 City Clerk Fees. A. Business Licenses. 1. For all businesses which require a license, unless otherwise provided by this Chapter, the license fee shall be twenty -five dollars per year. The minimum prorated fee under PAMC 3.70.090B shall be ten dollars. 2. The fee for a temporary business license shall be ten dollars per month unless otherwise provided. - 9 - 3. The fee for reissuance of a lost, stolen or destroyed business license shall be five dollars. 4. The fee for each additional business license for a person conducting the same type of business at two or more permanent locations shall be five dollars per year. B. Dances. The fee for an annual business license for any number of dances shall be $25.00. The fee for a temporary business license for one dance shall be ten dollars. C. Adult Entertainment Business. The fee for an adult entertainment business shall be $100 per year. ED. Fireworks Sales Permit. The fee for a fireworks sales permit shall be ten dollars. DE. For -Hire Taxicab Driver's Licenses. 1. The fee for obtaining the initial for -hire taxicab driver's license shall be $15.00 plus the cost for Washington State Identification Section inquiry, and the Police Department's fee for fingerprints, photo I.D., local records check and lamination of the license. 2. The renewal fee shall be $15.00. EF. Horse Taxi Driver's Licenses. The fee for a horse taxi driver's license issued under PAMC 5.37.100 shall be $5.00 annually plus the cost for Washington State Identification Section inquiry and the Police Department's fee for fingerprints, photo I.D., local records check, and lamination of the license. FG. Outdoor Music Festival. The fee for any outdoor music festival shall be - $10.00. Section 5 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 6 - Effective Date. This Ordinance shall take effect five days after the date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 18th day of July , 2000. ATTEST: APPRO D AS TO FORM: Becky J . on, ' ity Cler PUBLISHED: Jute 23, 2000 By Summary 9ti.16 :•;1y !8, 2000 Craig - 10 - Knutson, City Attorney Summaries of Ordinances Adopted by the Port Angeles City Council on July 18, 2000 Ordinance No. 3058 This Ordinance of the City of Port Angeles rezones Lot 3, Block 38, Norman R. Smith Subdivision, Townsite of Port Angeles, Clallam County, Washington, from RS -7, Residential Single Family, to CO, Commercial Office, and amends the Official Zoning Map, Ordinance 2801, as amended. Ordinance No. 3059 This Ordinance of the City of Port Angeles revises the City's zoning regulations pertaining to adult entertainment businesses by restricting such businesses to industrial zones without requiring conditional use permits and revises the land use separation requirements for such businesses, revises the City's business license regulations pertaining to adult entertainment businesses by requiring a business license to be obtained annually and to be approved or denied within 10 working days and by adding more specific performance standards. This Ordinance also amends Ordinances 2532 and 2789, as amended, repeals Ordinance 2511 as amended, and amends Chapters 3.70, 5.50, 17.30, 17.32, and 17.34, repeals Chapter 17.25, and creates Chapter 17.50 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days after the date of publication of these summaries. Becky J. Upton City Clerk Publish: July 23. 2000