HomeMy WebLinkAboutRES 3428 CITY OF RENTON, WASHINGTON
RESOLUTION NO. 3 4 2 g
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON,
DECLARING A MORATORIUM ON THE PERMITTING OF ADULT
BOOK STORES, AS DEFINED IN THIS RESOLUTION, WITHIN SPECIFIC
GEOGRAPHICAL AREAS, ESTABLISHING A PUBLIC HEARING DATE,
AND ESTABLISHING A TERMINATION DATE FOR THE
MORATORIUM.
WHEREAS, the City of Renton presently has ordinances regulating adult motion picture
theaters, nude dancing establishments, and similar adult uses; and
WHEREAS, the present City regulations do not regulate adult businesses whose
predominant trade is the sale, use, rental, depiction or other use of merchandise distinguished or
characterized by predominant emphasis on matters depicting, describing, simulating or relating to
"specified sexual activities" or"specified anatomical areas"as defined by City Code section 4-11-010
under the definition of Adult Motion Picture Theater(hereinafter adult bookstore); and
WHEREAS, the term "merchandise" as used above includes but is not limited to books,
magazines, posters, cards, pictures, periodicals or other printed material; prerecorded video tapes,
disks, film or other such media, instruments, devices, equipment, paraphernalia, novelties or other
such products; and
WHEREAS, other cities in the surrounding metropolitan area and nationally have ordinances
regulating this type of business ostensibly based upon studies of the negative secondary effects of
such uses; and
WHEREAS, the City of Renton understands that a portion or all of the materials sold by
adult bookstores are protected by the First Amendment to the U.S. Constitution and Article 1, §5 of
the Washington State Constitution; and
RESOLUTION NO. 3 4 2 8
WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly impact
any party's free speech rights; and
WHEREAS, the purpose of this resolution is to provide, during the moratorium period, a
reasonable area to accommodate protected expression and to make any geographical restriction of
free speech rights a reasonable time, place and manner restriction, and to that end urges any court
reviewing this resolution to interpret it in such a manner as to give it such a constitutional
interpretation; and
WHEREAS, the City of Renton currently has in place a moratorium which will terminate on
December 14, 1999; and
WHEREAS, the City Attorney's office and City planning staff have drafted a proposed
ordinance and are prepared to present it to the City Council and make a recommendation that the
proposed ordinance be adopted; and
WHEREAS, the termination date of the moratorium will precede the effective date of any
legislation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. There is hereby declared a moratorium on the issuance of any business license
or other permit for an adult bookstore.
SECTION III. There was hereby established a public hearing date on December 13,
1999, to accept public testimony on whether or not the City should continue this moratorium.
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RESOLUTION NO.
SECTION IV. This moratorium shall be in place for a period of three months, which
moratorium may be extended or renewed for one or more period(s), but only if a subsequent public
hearing is held and findings of fact are made prior to each renewal.
SECTION V. During this three month moratorium the City Attorney's office and the
planning staff of the City are requested to report to the Planning and Development Committee on the
terms of the proposed new ordinance.
SECTION VI. Any adult bookstore that is covered by this resolution which satisfies
the underlying zoning criteria may be permitted outright despite the terms of this moratorium
provided that such is not located:
1. Within one thousand feet (1,000') of any residential zone (RC, SFL, SF, MR, MF,
POR or T) or any single-family or multiple-family residential use.
2. One thousand feet (1,000') of any public or private school.
3. One thousand feet (1,000') of any church or other religious facility or institution.
4. One thousand feet (1,000') of any public park, P-1 zone or P suffix zone.
SECTION VII. Any such business separated from residential zones, public or private
schools, religious facilities or institutions, or public park by man-made or naturally occurring features
which increase(s) the most direct travel distances beyond 1,000 feet such that the business believes
that any potential negative secondary effects of the adult bookstore are unlikely to affect those
protected uses may apply to the City Council for a temporary permit to operate an adult bookstore
pending adoption of any final regulation of that business. If such request is received at least three
business days before a City Council Meeting, the City Council shall act on such request at its next
regularly scheduled meeting. If received after that time the request will be considered at the second
regularly scheduled Council meeting after receipt of the request. If the business is still aggrieved it
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RESOLUTION NO. 3428
may notify the City of its grievance within ten days of the City Council action and the City shall,
within ten days of such notification, file a declaratory judgment or similar action to review the
decision in King County Superior Court.
PASSED BY THE CITY COUNCIL this 13th day of December , 1999.
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Marilyn J.l et;nen, City Clerk
APPROVED BY THE MAYOR this 13th day of December , 1999.
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Jess anner, Mayor
A ed as to fo ei•
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Lawrence J. Warren, City Attorney
Publication Date: 12/17/99 (Summary Only)
RES.761:11/17/99.
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