705 Adopt Immediate Moratorium for Adult Ent Bus and Mini-Casinos~.
CITY OF YELM
ORDINANCE NO. 705
AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, ADOPTING AN
IMMEDIATE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR
AND ISSUANCE OF ANY PERMIT, LICENSE, OR APPROVAL FOR ADULT
ENTERTAINMENT BUSINESSES AND MINI-CASINOS, TO BE EFFECTIVE FOR
A PERIOD OF SIX MONTHS; SETTING A DATE FOR A PUBLIC HEARING ON
THE MORATORIUM; DIRECTING DEVELOPMENT OF AN ADULT
ENTERTAINMENT BUSINESS AND MINI-CASINO ORDINANCE; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council finds that enactment of this ordinance constitutes an emergency, due
to the ever increasing numbers of adult entertainment businesses and mini-casinos in Washington State,
and the fact that the current city code and regulations do not adequately address the public health and
safety impacts of these facilities within the City of Yelm; and
WHEREAS, the City finds it necessary to regulate the adult entertainment industry to prevent or
curtail the undesirable secondary effects of adult entertainment businesses, which secondary effects have
been identified and declared by the Washington State Supreme Court and the Ninth Circuit Federal Court
to be legitimate and serious threats to public health, safety and general welfare; and
WHEREAS, it is the City's intent to enact content neutral regulations addressing the secondary
effects of adult entertainment businesses, and not to suppress any speech activities protected by the First
Amendment of Article I, Section 5 of the Washington Constitution; and
WHEREAS, a moratorium on the issuance of permits and licenses for adult entertainment
businesses is necessary to enable the City Council to develop an adult entertainment business permitting
and licensing process which addresses impacts, and protects the public interest; and
WHEREAS, a moratorium on the issuance of permits and licenses for amini-casino is necessary to
enable the City Council to decide whether or not to ban these facilities in the City of Yelm; and
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; now therefore,
The city council of the City of Yelm do ordain as follows:
Section ] . Declaration of Moratorium. A moratorium is hereby declared on the acceptance of applications
for and the issuance of any permit or license required to open or site an adult entertainment business or
mini-casino within the City of Yelm. This moratorium includes, but is not limited to special use permits,
site plan review, binding site plan, building permits, variances and business licenses.
Section 2. Duration. This moratorium shall be in effect for six (6) months following the effective date of
this ordinance.
Section 3. Direction to Develop A Comprehensive Adult Business and Mini-Casino Ordinance. The City
Council hereby directs the development of an adult entertainment business and mini-casino ordinance
which shall be presented to the City Council and/or the Planning Commission at the earliest possible date.
Section 4. Subjects for Consideration. Without limitation, staff is directed to consider the following
subjects in preparing the City's adult entertainment business and mini-casino ordinances:
1) Definitions.
2) License requirements.
3) License fees and application process.
4) Restrictions on locations of adult entertainment businesses.
5) Standards of conduct and operation for adult entertainment businesses.
6) License suspension and revocation of adult entertainment businesses.
7) Penalties and violations.
8) Siting ofmini-casinos.
Section 5. Public Hearing Required. As required by RCW 35A.63.220 and RCW 36.70A.390, within
sixty (60) days of the passage of this ordinance the City Council will hold a public hearing on this
moratorium and adopt a resolution which includes Findings of Fact. The public hearing has been set for
Wednesday, July 12, 2000 and such notice of said public hearing has been published as required by law.
Section 6. Emergency Declared-Immediate Effect. For the reasons set forth above, and to promote the
objectives stated herein, the City Council finds that a public emergency exists, necessitating that this
ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the
Council in order to protect the public health, safety, property and general welfare.
Section 7. Severabilitv --Eet~stt
g
(1) 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.
ADOPTED by the Yelm City Council at a regular meeting thereof this 28`h day of June, 2000.
Kathryn M. olf, Mayor
AUTHENTICATED:
~ ` /',
~,~~
~ ,
A s P. Bennick, City Clerk/Treasurer
EFFECTIVE DATE: June 28, 2000
PUBLISHED: July 7, 2000