HomeMy WebLinkAboutRES 3300 CITY OF RENTON,WASHINGTON
RESOLUTION NO. 3 3 0 0
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON EXTENDING A
MORATORIUM ON THE PERMITTING OF ADULT BOOK STORES, AS
DEFINED IN THIS RESOLUTION, WITHIN SPECIFIC GEOGRAPHICAL
AREAS, AND ESTABLISHING A TERMINATION DATE FOR THE
MORATORIUM.
WHEREAS, the City of Renton presently has ordinances regulating adult motion pictures
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 4-31-2 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, a new adult business selling adult books, magazines, movies and novelties has
opened within the City of Renton; and
WHEREAS, the opening of such business has resulted in substantial public comment detailing
perceived negative secondary effects of the business or similar businesses; and •
WHEREAS, on July 28, 1997, the city declared a moratorium, by Resolution # 3271, on the
issuance of any license or permit for an adult bookstore, and permitted the extension of such
moratorium; and
WHEREAS,the moratorium resolution was intended to be prospective in its application; and
WHEREAS, city staff has learned that 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
RESOLUTION NO. 3 3 0 0
WHEREAS, city staff are attempting to obtain information regarding the studies used by other
cities to determine their breadth; and
WHEREAS, city staff has obtained some public comment regarding the location of adult
bookstores and wants to insure that affected businesses, as well as other members of the public, have an
adequate opportunity to provide input regarding the existence or lack of negative secondary effects of
such uses;and
WHEREAS, city staff is attempting to identify all adult bookstores in the city limits in order to
insure they obtain notice of upcoming public meetings; and to consider their location when determining
what regulations may be needed,if any; and to insure the most narrowly drafted legislation, if any;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, Section 5 of the
Washington State Constitution; and
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 wishes to have adequate time to conduct a study to determine
whether or not there is a substantial governmental interest in.regulating such land uses and to determine
whether or not any negative secondary effects that the City may determine, by study, are reasonably
related to these land uses and whether or not reasonable regulations imposed upon such land uses would
mitigate any negative secondary effects of such land use; and
WHEREAS, the City of Renton does not intend to adopt any ordinance regulating adult
bookstores until it has established the existence of negative secondary effects relating to such land uses;
and
WHEREAS, the City of Renton wishes to establish by this study the least restrictive means
available by which the City map regulates this type of use; and
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RESOLUTION NO. 3 3 0 0
WHEREAS, city staff need additional time to complete their study and analysis; and
WHEREAS, during the period of the initial moratorium there have been no license or permit "
applications for businesses which would be affected by this moratorium; and
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 is hereby established a public hearing date on January 26, 1998, to
accept public testimony on whether the City should continue this moratorium.
SECTION IV. This moratorium shall be in place for a period of six months, which
moratorium may be extended or renewed for one or more six month 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 six month moratorium the City Attorney's office and the planning
staff of the City are requested to survey existing evidence to determine what negative secondary effects
may be associated with this type of land use, ways to mitigate negative secondary effects of such land
use in the least restrictive manner, and to provide alternative, available geographical areas within the
City to provide a reasonable means to accommodate access to protected material such that any
regulation ultimately adopted is a reasonable time, place and manner restriction. The City Attorney's
office and City planning staff are to make recommendations to the City Council, or subcommittee
thereof, on regulations which could be adopted to satisfy these goals.
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, R-1, R-5, R-8, R-10, R-
14, RMF, COR, or RMH)or any single-family or multiple-family residential use.
2. One thousand feet(1,000')of any public or private school.
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RESOLUTION NO. 3 3 0 0
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 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 2 6 tWday of January , 1998.
Marilyn J. Peten, City Clerk
APPROVED BY THE MAYOR this 2 6th day of January , 1998.
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Jesse Tanner,Mayor
Ap ved as to form:
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Lawrence J.Warren, City Attorney
Publication Date: January 3 0, 19 9 8
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