707 Adopt Ord 705CITY OF YELM
ORDINANCE NO. 707
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADOPTING
FINDINGS OF FACT IN SUPPORT OF ORDINANCE NUMBER 705 WHICH
ESTABLISHED AN IMMEDIATE SIX MONTH MORATORIUM, EFFECTIVE
JUNE 28, 2000, ON THE ACCEPTANCE OF APPLICATIONS FOR AND
ISSUANCE OF ANY PERMIT, LICENSE, OR APPROVAL FOR ADULT
ENTERTAINMENT BUSINESSES.
WHEREAS, Ordinance No. 705 provided that the City of Yelm would hold a public hearing
on the moratorium on July 12, 2000, in order to consider the adoption of findings justifying the
moratorium; and
WHEREAS, the hearing was held as scheduled and, after considering all the testimony, if
any, received at the hearing, the City Council determined to adopt the findings of fact set forth in this
ordinance.
WHEREAS, the potential adverse impacts on the public health, property, safety and welfare
of the City, as discussed above justify the declaration of an emergency, and immediate moratorium;
now therefore,
THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
Section 1. Adoptin Fg indings of Fact. As required by state statute, RCW 36.70A.390 and
35A.63.220, the City Council hereby adopts the following finding of fact to justify the moratorium
established by Ordinance No. 705.
Consistent with direction from the City Council, staff will develop a work plan which
provides for the development of an adult entertainment business ordinance at some
point prior to the expiration of the moratorium.
The public will have an adequate opportunity to comment on the proposed adult
entertainment business ordinance.
The City's Comprehensive Plan, zoning, and development codes do not address or
give consideration to the regulation of adult entertainment businesses.
4. The moratorium will afford the City with an opportunity to thoughtfully
evaluate regulations necessary to the siting and regulation of an adult entertainment
business.
The secondary effects of the activities defined and regulated in this article are
detrimental to the public health, safety, morals, and general welfare of the citizens of
the city and, therefore, such activities must be regulated.
City of Yelm Ordinance No. 707 Page 1
6. Regulation of the adult entertainment industry is necessary because in the absence of
such regulation significant criminal activity has historically and regularly occurred.
This history of criminal activity in the adult entertainment industry has included
prostitution, illegal employment of minors, narcotics and alcoholic beverage law
violation, breaches of the peace, tax evasion and the presence within the industry of
individuals with hidden ownership interests and outstanding arrest warrants.
Proximity between entertainers and patrons during adult entertainment performances
can facilitate sexual contact, prostitution and related crimes. Concerns about crime
and public sexual activity are legitimate and compelling concerns of the City which
demand reasonable regulation of adult entertainment establishments in order to
protect the public health, safety and general welfare.
8. The activities described in subsections 6 and 7 of this section occur, in the absence of
regulation regardless of whether the adult entertainment is presented in conjunction
with the sale of alcoholic beverages.
9. It is necessary to license entertainers in the adult entertainment industry to prevent
the exploitation of minors; to ensure that each such entertainer is an adult and to
ensure that such entertainers have not assumed a false name, which would make
regulation of the entertainer difficult or impossible.
10. [t is necessary to have a licensed manager on the premises of establishments offering
adult entertainment at such times as such establishments are offering adult
entertainment so that there will at all necessary times be an individual responsible for
the overall operation of the adult entertainment establishment, including the actions
of patrons, entertainers and other employees.
11. It is necessary to establish license fees as nominal fees imposed as regulatory
measures designed to help defray the substantial expenses incurred by the City in
regulating the adult entertainment industry.
12. Hidden ownership interests for the purposes of skimming profits and avoiding the
payment of taxes have historically occurred in the adult entertainment industry in the
absence of regulation. These hidden ownership interests have historically been held
by organized and white-collar crime elements. In order for the City to effectively
protect the public health, safety, morals and general welfare of its citizens and
effectively allocate its law enforcement resources it is important that the City be fully
apprised of the actual ownership of adult entertainment establishments, and identities
and backgrounds of persons responsible for management and control of the adult
entertainment establishment.
13. It is not the intent of this Ordinance to suppress or censor any expressive activities
protected by the First Amendment of the United States Constitution or Article I,
Section 5 of the Washington State Constitution, but rather to enact time, place and
manner regulations which address the compelling interests of the city in mitigating
City of Yelm Ordinance No. 707
Page 2
the secondary effects of adult entertainment establishments.
Section 2. Duration of Moratorium. For the reasons set forth in the foregoing findings, the
moratorium established by Ordinance No. 705 shall remain in effect through December 28, 2000,
unless sooner terminated by action of the City Council. The moratorium may be terminated upon
adoption of permanent regulations governing the location and/or operation of adult entertainment
businesses, or upon other enactment of the City Council. The moratorium may also be extended as
provided by law.
Section 3. Direction to Develop an Adult Entertainment Business Ordinance. The City
Council hereby directs the development of an adult entertainment business ordinance which shall be
presented to the City Council and/or the Planning Commission at the earliest possible date.
Section 4. Severability.
If a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is
declared unconstitutional or invalid for any reason by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance.
2. If the provisions of this ordinance are found to be inconsistent with other provisions
of the City of Yelm Municipal Code, this ordinance is deemed to control.
Section 5. Effective Date. This ordinance, being the exercise of a power specifically
delegated to the City's legislative body, is not subject to referendum and shall take effect and be in
full force five (5) days after publication.
ADOPTED BY THE CITY COUNCIL ON JULY l2, 2000.
Kat ryn M. olf, Mayor
AUTHENTICATED:
,i
Y7U ~ `VJ ~~19;1(,~~'
Ag es Bennick, City Clerk/Treasurer
Passed and Approved: July l2, 2000
Published: Nisqually Valley News, July 21, 2000
Effective Date: July 26, 2000
City of Yelm Ordinance No. 707 Page 3