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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