725 6-month Ext of Moratorium of Appr for Adult Ent BusCITY OF YELM
ORDINANCE NO. 725
AN ORDINANCE of the City of Yelm, Washington, adopting findings in
support of asix-month extension of a moratorium on the acceptance of
applications for and issuance of any permit, license, or approval for adult
entertainment businesses established by Ordinance No. 705 and as
required by statute.
WHEREAS, the City Council enacted asix-month moratorium on the
acceptance of applications for and issuance of any permit, license, or approval for adult
entertainment businesses pursuant to Ordinance No. 705 on June 28, 2000; and
WHEREAS, the City Council has conducted a public hearing on December
13, 2000 to consider the extension of the moratorium for asix-month period through June
28, 2001.
NOW, THEREFORE, the City Council of the City of Yelm, Washington, do
ordain as follows:
Section 1. Adoption of Findings. As required by state statute, RCW
36.70A.390 and 35A.63.220, the City Council hereby adopts the following findings of fact
in support of the extension of the moratorium established by Ordinance No. 705 for asix-
month period through June 28, 2001.
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 extension
date.
2. The public will have an adequate opportunity to comment on the proposed
adult entertainment business ordinance.
3. 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 extension will afford the City with an opportunity to
thoughtfully evaluate regulations necessary to the siting and regulation of
an adult entertainment business.
5. The secondary effects of the activities defined and regulated in this article
are detrimental to the public health, safety, morals, and general welfare of
City of Yelm Ordinance No. 725 Page 1
the citizens of the city and, therefore, such activities must be regulated.
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.
7. 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 to 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. It 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
City of Yelm Ordinance No. 725 Page 2
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 1, 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 the secondary effects of adult
entertainment establishments.
14. Extension of the moratorium for asix-month period would be consistent
with the City's work plan on related studies.
Section 2. Moratorium. For the reasons set forth in the foregoing findings,
the moratorium established by Ordinance No. 705 shall be extended for asix-month
period through June 28, 2001, 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 gambling establishments operating social card games as
a commercial stimulant to a food and beverage business, or upon other enactment of the
City Council. The moratorium may also be extended as provided in state law.
Section 3. 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.
PASSED BY THE CITY COUNCIL ON DECEMBER 13, 2000.
Ka hryn .Wolf, Mayor
ATTEST:
`~~
Agn Bennick, City Clerk/Treasurer
Passed and Approved: December 13, 2000
Published: Nisqually Valley News, December 22, 2000
Effective Date: December 27, 2000
City of Yelm Ordinance No. 725 Page 3