756 Repeal and Replace Ord 736 and Ch 27.64CITY OF YELM
ORDINANCE NO. 756
AN ORDINANCE of the City of Yelm, Washington, repealing and replacing
Ordinance No. 736 and Chapter 17.64 in the Yelm Municipal Code which
regulates siting of adult entertainment businesses within the City of Yelm,
Washington.
WHEREAS, the City of Yelm has thoughtfully and thoroughly evaluated the
regulations necessary to the siting and regulation of adult entertainment businesses; and
WHEREAS, the City recognizes that sexually oriented businesses, due to
their nature, have serious objectionable operational characteristics, particularly
when they are operating in close proximity to each other, thereby contributing to
crime, lower property values, urban blight, downgrading of the quality of life in the
adjacent areas, and other nuisance effects; and
WHEREAS, the City of Yelm has determined that the 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 violations, breaches of the
peace, tax evasion, and the presence within the industry of individuals with hidden
ownership interest and outstanding arrest warrants; and
WHEREAS, the 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 of Yelm which demand reasonable regulation of adult entertainment
establishments in order to protect the public health, safety and general welfare; and
WHEREAS, zoning, licensing and other police power regulations are
legitimate, reasonable means to ensure that the operator of sexually oriented
businesses comply with reasonable regulations designed to minimize the adverse
secondary effects which may accompany the operation; and
WHEREAS, the City recognizes the harmful effects to children and minors
exposed to the effects of such businesses and the importance of locating such
businesses to preclude children walking through or visiting in the immediate
neighborhood of such businesses: and
WHEREAS, the City finds there would be a deterioration in the quality of
businesses which choose to operate in and around such sexually oriented
businesses: and
WHEREAS, the City desires to minimize and control these adverse
secondary effects and thereby protect the health, safety and welfare of the
citizens: to abate the nuisance effects of sexually oriented businesses• to protect
the citizens from increased crime: to preserve the quality of life• to preserve the
property values and the character of surrounding neighborhoods and businesses•
and to protect against the threat to health from the spread of communicable and
social diseases: and
Ordinance 756 Page 1 of 9
WHEREAS, the experiences of other states and cities demonstrate that
reasonable restrictions on sexually oriented businesses are beneficial and
necessary as a means of reducing and curtailing deleterious secondary effects of
adult-oriented establishments and sexually oriented businesses, including crime,
and specifically, sex-related crime, noise, traffic congestion, police response time
and efforts, parking problems, sexual disease, and discarded pornographic
material on neighboring properties; and
WHEREAS, 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 businesses;
follows:
NOW, THEREFORE, be it ordained by the City Council of the City of Yelm, as
Section 1. ADULT ENTERTAINMENT BUSINESSES.
1.1 Definitions. Wherever the following words and terms appear in this
chapter, they shall have the following meanings:
1.1.1 The term "Adult Entertainment Business" shall include all adult
oriented businesses including adult arcades, adult bookstores,
adult novelty stores, adult video stores, and similar adult uses,
~e adult entertainment parlors and adult live
entertainment centers.
1.1.2 "nnn.~age "Adult entertainment parlor" means a place in the
incorporated area of the city where
are sexually stimulating touching is performed upon the body
of one person by another person; nude modeling studios or
where sauna baths, Turkish baths, Swedish baths where
sexu_ a _ly stimulating touching is performed upon the body of
one person by another person or the like are made available to
members of the public.
1.1.3 "AAassage "Adult entertainment parlor employee" means any
person employed by an adult entertainment parlor; including
any person who performs sexually stimulating actions w#e
,..„o~ .„,~~".o~ +„ „r .,++o.,.~~ in any 6th way upon, patrons of
an massage adult entertainment parlor, or who supervises the
work of such a person.
1.1.4 "Adult Arcade" shall mean a business where, for any form of
consideration, one or more still or motion picture projectors, slide
projectors, or similar machines, or other image producing
machines, for viewing by five or fewer persons each, are used to
show films, motion pictures, video cassettes, slides, video disks or
other photographic reproductions which are characterized by the
Ordinance 756 Page 2 of 9
depiction or description of "Specific Sexual Activities" or "Specific
Anatomical Areas."
1.1.5 "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store"
shall mean a commercial business which has as one of its
principal business purposes the offering for sale or rental for some
form of consideration, books, magazines, periodicals or other
printed matter, or photographs, films, motion pictures, video
cassettes, slides, video disks or other visual representations which
are characterized by the depiction or description of specific
sexual activities or specific anatomical areas. Provided, however,
that video stores that sell and/or rent only video tapes or other
graphic reproductions and associated equipment shall only come
within the definition set forth herein if twenty percent or more of its
stock in trade or revenue comes from the rental or sale of video
tapes or other photographic reproductions or associated
equipment which are characterized by the depiction or description
of specific sexual activities or specific anatomical areas.
1.1.6 "Specific anatomical areas" means:
(a) Less than completely and opaquely covered human
genitals, pubic region, buttocks and the female breasts
below a point immediately above the top of the areola.
(b) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
1.1.7 "Specific sexual activities" means:
(a) Human genitals in a state of sexual stimulation; and/or
(b) Acts of human masturbation, sexual intercourse or
sodomy; and/or
(c) Fondling or other erotic touching of human genitals, pubic
region, buttocks or the female breasts.
1.1.8 "Adult live entertainment center" means a business having, as
parts of its trade, live dancers or entertainers who depict specific
sexual activities or display specific anatomical areas as defined
herein, included, but not limited to, topless dance centers, so-
called exotic dance centers and body painting studios.
1.1.9 "Employee" and/or "Independent Contractor" means any and
all persons, including entertainers, who work in or at or render any
services directly related to the operation of any adult live
entertainment center.
1.1.10 "Entertainer" means any person who provides entertainment
within an adult live entertainment center as defined in this section
whether or not a fee is charged or accepted for such
entertainment.
Ordinance 756 Page 3 of 9
1.1.11 "Entertainment" means any exhibition or dance of any type,
removal of articles of clothing, pantomime, modeling or any other
sexually stimulating performance.
1.1.12 "Operator" means any person operating, conducting or
maintaining an adult live entertainment center.
1.2 Adult entertainment businesses classified and permitted.
1.2.1 Adult entertainment businesses falling under the definition of adult
bookstore, adult novelty store, adult video store or similar adult
uses shall be permitted in specific zones and under specific
standards identified in Section 1.4 through a ~~+° ^'°^ r°,,;°,•,
special use permit process as required by Yelm Municipal Code
Chapter ~~4 17.66.
1.2.2 Adult arcades, ~e adult entertainment parlors and adult
live entertainment centers shall be permitted in certain zones and
under conditions identified under Section 1.4 through a special
use permit process as identified under Yelm Municipal Code
Chapter 17.66.
1.3 Adult entertainment businesses permitted in certain land use zones
subject to certain restrictions and standards.
1.3.1 Adult entertainment businesses falling under the definitions of
adult bookstores, adult novelty stores, adult video stores or other
similar adult uses may be permitted in the following zones subject
to the standards and requirements of Section 1.4 and spacing
requirements identified below:
(a) Land use zones permitted:
i. Heavy Commercial Zone C-2;
ii. Large Lot Commercial C-3;
iii. Industrial; and
iv. Light Industrial.
(b) Spacing and buffering requirements:
No such adult entertainment business shall be
located closer than three hundred thirty feet from
another adult entertainment business, whether
such other business is located within or outside the
city limits;
No such adult entertainment business shall be
located closer than three hundred thirty feet from
any sensitive land use or land use zone identified in
Section 1.5, whether such zone or use is located
within or outside the city limits.
Ordinance 756 Page 4 of 9
apply.
(c) General standards. All the standards of Section 1.4 shall
1.3.2 Adult arcades, ~e adult entertainment parlors and adult
live entertainment centers shall be permitted in the following
zones subject to the standards and requirements of Section 1.4
and the spacing and buffering requirements identified below:
(a) Land use zones permitted: Light Industrial and Industrial.
(b) Spacing and buffering requirements:
No adult arcade, ~e adult entertainment
parlor or adult live entertainment center shall be
located closer than six hundred sixty feet from
another adult arcade, massage adult
entertainment parlor or adult live entertainment
center or closer than three hundred thirty feet from
any other adult entertainment business, whether
such other business is located within or outside the
city limits.
No adult arcade, massage adult entertainment
parlor or adult live entertainment center shall be
located closer than six hundred sixty feet from any
sensitive land use or land use zone identified in
Section 1.5, whether such zone or use is located
within or outside the city limits.
apply.
(c) General standards. All standards of Section 1.4 shall
1.4 General standards for adult entertainment businesses. Adult arcades,
adult bookstores, adult novelty stores, adult video stores and similar uses,
„.image adult entertainment parlors and adult live entertainment
centers shall conform to the following general standards.
1.4.1 All on-site parking areas and premise entries of adult
entertainment uses shall be illuminated from dusk until one hour
past closing hours of operation with a lighting system which
provides an average maintained horizontal illumination of one foot
candle of light on the parking strips and/or walkways. An on-
premise exterior lighting plan shall be presented to and approved
by the Department of Community Development prior to the
operation of any such use.
1.4.2 All parking must be visible from the fronting street. Access to the
exterior rear of the building shall be denied to any persons other
than employees or public officials during the performance of their
respective duties and tasks by means of fencing as approved by
the Department of Community Development.
Ordinance 756 Page 5 of 9
1.4.3 In addition to all on-premise sign requirements of Yelm Municipal
Code Chapter 15.24, the following signing provisions shall be
followed:
(a) There shall be no electronic reader boards or changing
message center signs;
(b) All adult entertainment businesses shall have facades,
exteriors, and exits which must be indistinguishable from
surrounding buildings. Illustrations to include
silhouettes, depicting partially or totally nude males and/or
females shall not be posted or painted on any exterior wall
of the building used for such businesses or on any door or
apparatus attached to such building.
1.4.4 All standards of the underlying zone.
1.4.5 Reasonable conditions necessary to properly mitigate bona fide
secondary impacts identified during the special use permit review
process.
1.4.6 All adult entertainment businesses shall be required to comply
with the requirements of Chapter 17 of the Yelm Municipal Code
to promote compatibility with surrounding land uses in both
commercial and the light industrial zones.
1.4.7 APre-Submission Conference will be scheduled with the
Community Development Department, to assist the applicant
in meeting the regulations and provisions of this ordinance,
as well as the Yelm Municipal Code.
1.4.8 No alteration of the configuration of the interior of the adult
entertainment business or enlargement of the floor space
occupied by the premises may be made after obtaining a
license, without the prior approval of the Community
Development Department. Approval for said enlargement
may only be granted if the premises and proposed
enlargement first meet the qualifications and requirements of
the Yelm Municipal Code, or other applicable statutes or laws.
1.5 Sensitive land uses. The following uses, properties and zones are
considered sensitive as referenced in Sections 1.3.1 and 1.3.2.
1.5.1 All Public Facilities;
ssk-eels; including public and private schools, parks, libraries,
etc.;
1.5.24 Property used for state-certified day care;
Ordinance 756 Page 6 of 9
1.5.36 Property used for community teen centers;
1.5.46 Property used for churches, cemeteries or other religious facilities
or institutions;
1.5.5 Property used for residential and lodging uses and property zoned
primarily for residential uses, including R-4, R-6 and R-14 zones;
1.5.6 Property used for organizations, associations, facilities and
businesses which provide, as a substantial portion of their
activities, function or business, the provision of services to
children and/or youth, so that the premises of the organization,
facility or business would have children and youth in attendance or
at the location during a predominant portion of the operational
hours of an adult entertainment facility;
1.6 Measuring required distances. The distances between adult
entertainment businesses and sensitive land uses identified in Section 1.5
shall be measured by following a straight line without regard to
intervening buildings from the nearest point of the property parcel upon
which the proposed use is to be located to the nearest point of the parcel
of property or the zone classification boundary line from which the
proposed land use is to be separated.
1.7 Waiver of distance requirements. The following procedures and criteria
shall be adhered to with regard to a request for waiver of distance
requirements:
1.7.1 Distance waiver required. Any party proposing to locate an adult
entertainment business within less than the required distances
from uses or zones as specified in this ordinance may do so only
after obtaining a waiver therefore from the city council through a
special use permit process.
1.7.2 Waiver notice requirements. In addition to the notice requirements
for special use permits, first class mailing notice shall be made to
all parties within the distance set forth in Sections 1.3.1 and 1.3.2,
depending upon the use in question. The applicant shall provide
the names and addresses of all property owners and businesses
within said distances from the proposed use.
1.7.3 Criteria for decision. The final decision on the request for waiver of
distance shall be made by the city council based on consideration
of the following:
(a) The extent to which the physical features would result in an
effective separation in terms of visibility and access;
(b) Compatibility with adjacent and surrounding land uses;
(c) Ability to avoid the adult entertainment business by
alternative vehicular and pedestrian routes.
Ordinance 756 Page 7 of 9
1.8 Adult entertainment businesses forbidden in other zones. Adult arcades,
adult bookstores, adult novelty stores, adult video stores, and similar
adult uses, ~e adult entertainment parlors and adult live
entertainment centers shall be limited to the zones specified for such
uses in Sections 1.3.1 and 1.3.2 and shall be forbidden in all other zones
within the City of Yelm.
1.9 This ordinance does not prohibit:
a1 Plays. operas. musicals. or other dramatic works that
are not obscene; or
(bl Classes, seminars and lectures which are held for
serious scientific or educational purposes and which
are not obscene; or
(c) Exhibitions, performances, expressions or dances that
are not obscene.
(dl The exemptions in subsection 1.9 of this section do
not apply to sexual conduct defined in Section 1.1 of
this ordinance or the sexual conduct described in
RCW 48A.010 (20 (bl (ii) and (iii1. Whether or not
activity is obscene shall be iud~ed by consideration of
the standards set forth in RCW 7.48.010 (2).
1.10 Adult entertainment businesses effect on other laws. Provisions of this
chapter shall not have the effect of authorizing any activities prohibited by
state law or other provisions of this code.
Section 2. Severability. If any provisions of this ordinance or its application to any
person or circumstances is held invalid, the remainder of the ordinance or the application
of the provisions to other persons or circumstances is not affected.
Section 3. Effective Date. This ordinance shall become effective five days following its
passage and publication as required by law.
Section 4. Saving Clause. Ordinance No. 736 and Chapter 17.64-Yelm Municipal
Code1 repealed and replaced by this ordinance, shall remain in force and effect
until the effective date of this ordinance.
PASSED by the Council of the City of Yelm, Washington, at its regular meeting on the
27tH day of March, 2002.
CITYipF 11~LM,XN/~SHINGTON
Adam Rivas, rVlayor
Authenticated: ~, ~~~t(-~ ~-
Ag s P. Bennick, City Clerk
Ordinance 756 Page 8 of 9
s P. Bennick, City Clerk
PUBLISHED: Nisqually Valley News, April 5, 2002
EFF April 10, 2002
Approve as to rm:
(,
rney: Brent Dille
Owens Davies
Ordinance 756 Page 9 of 9