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Amendment to Re-establish Acreage for Adult Entertainment Business (3/25/1996)
Amended by ORD 4404, 4523, ... 4549, 4570 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4595 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-31-2, 4-31-10, 4-31-11, 4-31-12 AND 4-31-16, OF CHAPTER 31, ZONING CODE, OF TITLE IV (BUILDING REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO ZONING FOR ADULT ENTERTAINMENT BUSINESSES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . Section 4-31-2 of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended by adding the following definition which reads as follows : 4-31-2 : DEFINITIONS : ADULT ENTERTAINMENT BUSINESS shall mean: 1 . Any enterprise, which, for money or any other form of consideration, features adult live entertainment as defined herein; 2 . Any adult motion picture theater as defined below in City Code section 4-31-2 ; and 3 . Any adult arcade containing individual viewing areas or stations or booths, where, for money or any other form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, • ORDINANCE NO. 4595 slides, or other photographic reproduction of sexual activities or anatomical areas as defined herein. ADULT LIVE ENTERTAINMENT shall mean a person appearing nude or a live performance which is characterized by sexual activities as defined herein. SECTION II . Subsections 4-31-10 . 1 .B.2 .a, 4-31-10 .4 .B.2 .a and 4-31-16 .B. 2 . a of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows : 4-31-10 . 1 .B. 2 .a: Adult entertainment business subject to the provisions of section 4-31-30 and chapter 5-12 of the City Code. 4-31-10 .4 .B. 2 .a: Adult entertainment business subject to the provisions of section 4-31-30 and chapter 5-12 of the City Code . 4-31-16 .B.2 . a: Adult entertainment business subject to the provisions of section 4-31-30 and chapter 5-12 of the City Code . SECTION III . Subsections 4-31-11 . 1 .B.2 , 4-31-11 . 2 .B. 2, and 4-31-12 .B.2 of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows : 4-31-11.1.B.2 : Secondary Uses : The following uses are permitted subject to the following conditions : a. Offices : Administrative/headquarters office : 2 ORDINANCE NO. 4595 (1) These offices shall be associated with a primary permitted use on the same site or a contiguous site . (2) The office uses may be developed in conjunction with, or subsequent to, the industrial use . (3) The office uses may serve the administrative needs of employees company-wide including those employees located on other sites . b. Theaters : Location shall be limited to those parcels abutting a Commercial Arterial (CA) Zone in the S .W. 41st/S .W. 43rd corridor. c. Adult entertainment business subject to the provisions of section 4-31-30 and chapter 5-12 of the City Code . The following uses are permitted in conjunction with a primary use when operated primarily for employees of the industrial zone in which they are located and with consideration given to community need (i .e. , suitable location) . d. Auto: Automobile service. e. Eateries : Eating and drinking establishments . f . Gas : Gasoline service stations . g. Transportation: Taxi and other individual transportation. h. Parks And Trails : New neighborhood, community and regional parks, trails and open space subject to: (1) Site plan approval . (2) Consistency with the City Comprehensive Parks, Recreation and Open Space Master Plan and Trails Master Plan. i . Utilities : Utilities, medium. j . School Portables : New public or private elementary and secondary school portables, up to four (4) per site and subject to site plan review. 3 • ORDINANCE NO. 4595 k. Community Facilities : The following development standards, in addition to those in subsection D below, shall apply to all uses having a "P" suffix designation. Where these standards conflict with those generally applicable, these standards shall apply: (1) Height : (A) Publicly owned structures housing such uses shall be permitted an additional fifteen feet (15 ' ) in height above that otherwise permitted in the zone if "pitched roofs" , as defined herein, are used for at least sixty percent (60%) or more of the roof surface of both primary and accessory structures . (B) In addition, in zones where the maximum permitted building height is less than seventy five feet (75 ' ) , the maximum height of a publicly owned structure housing a public use may be increased as follows, up to a maximum height of seventy five feet (75 ' ) to the highest point of the building: (i) When abutting a public street, one additional foot of height for each additional one and one-half feet (1 1/2 ' ) of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e .g. , inside the downtown core area in the CD Zone) ; (ii) When abutting a common property line, one additional foot of height for each additional two feet (2 ' ) of perimeter building setback beyond the minimum required along a common property line; and (iii) On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage by buildings, for public amenities such as recreational facilities, and/or landscaped open space areas, etc. , when these are open and accessible to the public during the day or week. 4-31-11.2 .B.2 : Secondary Uses : The following uses are permitted subject to the following conditions : a. Offices : Administrative/headquarters office : 4 ORDINANCE NO. 4595 (1) These offices shall be associated with a primary permitted use on the same site or a contiguous site . (2) The office uses may be developed in conjunction with, or subsequent to, the industrial use. (3) The office uses may serve the administrative needs of employees company-wide including those employees located on other sites . b. Theaters Location shall be limited to those parcels abutting a Commercial Arterial (CA) Zone in the S .W. 41st/S .W. 43rd corridor. c . Adult entertainment business subject to the provisions of section 4-31-30 and chapter 5-12 of the City Code. The following uses are permitted in conjunction with a primary permitted use when operated primarily for employees of the industrial zone in which they are located and with consideration given to community need (i .e. , suitable location) . d. Eateries : Eating and drinking establishments : (1) No drive-through service . (2) Limited external signage. (3) No freestanding buildings . e. Business : General business services . f . Personal : Personal offices . g. Parks And Trails : New neighborhood, community and regional parks and trails and open space subject to: (1) Site plan approval . (2) Consistency with the City Comprehensive Parks, Recreation and Open Space Master Plan and Trails Master Plan. h. Finance : Financial institutions : (1) No freestanding structures. 5 ORDINANCE NO. 4595 (2) Single drive-up window in conjunction with a branch operation. i . Gas : Gasoline service stations subject to site plan approval . j . Recreation: Recreation facilities subject to site plan approval . k. Retail Uses : Retail uses which are incidental to a permitted primary use and occupy no more than thirty three percent (330) of the gross floor area. 1 . Community Facilities : The following development standards, in addition to those in subsection D below, shall apply to all uses having a "P" suffix designation. Where these standards conflict with those generally applicable, these standards shall apply: (1) Height : (A) Publicly owned structures housing such uses shall be permitted an additional fifteen feet (15 ' ) in height above that otherwise permitted in the zone if "pitched roofs" , as defined herein, are used for at least sixty percent (600) or more of the roof surface of both primary and accessory structures . (B) In addition, in zones where the maximum permitted building height is less than seventy five feet (75 ' ) , the maximum height of a publicly owned structure housing a public use may be increased as follows, up to a maximum height of seventy five feet (75 ' ) to the highest point of the building: (i) When abutting a public street, one additional foot of height for each additional one and one-half feet (1 1/2 ' ) of perimeter building setback beyond the minimum street setback required at street level unless such setbacks are otherwise discouraged (e .g. , inside the downtown core area in the CD Zone) ; (ii) When abutting a common property line, one additional foot of height for each additional two feet (2 ' ) of perimeter building setback beyond the minimum required along a common property line; and 6 4595 ORDINANCE NO. (iii) On lots four (4) acres or greater, five (5) additional feet of height for every one percent (1%) reduction below a twenty percent (20%) maximum lot area coverage by buildings, for public amenities such as recreational facilities, and/or landscaped open space areas, etc. , when these are open and accessible to the public during the day or week. 4-31-12 .B.2 : Secondary Uses : The following uses are permitted subject to the following conditions : a. Administrative/Headquarters Office: (1) These offices shall be associated with a primary permitted use on the same site or a contiguous site. (2) The office uses may be developed in conjunction with, or subsequent to, the industrial use. (3) The office uses may serve the administrative needs of employees company-wide including those employees located on other sites . b. Adult entertainment business subject to the provisions of section 4-31-30 and chapter 5-12 of the City Code. The following uses are permitted in conjunction with a primary use when operated primarily for employees of the industrial zone in which they are located and with consideration given to community need (i .e. , suitable location) . c . Eating And Drinking Establishments : (1) No drive-through service. (2) Limited external signage. (3) No freestanding buildings . d. Financial Institutions : (1) No freestanding structures . 7 ORDINANCE NO. 4595 perimeter building setback beyond the minimum required along a common property line; and (iii) On lots four (4) acres or greater, five (5) additional feet of height for every one percent (lo) reduction below a twenty percent (200) maximum lot area coverage by buildings, for public amenities such as recreational facilities, and/or landscaped open space areas, etc. , when these are open and accessible to the public during the day or week. SECTION IV. This ordinance shall be effective upon its passage, approval, and (30) days after publication. PASSED BY THE CITY COUNCIL this 8th day of April , 1996 . Maril . Petersen, City Clerk APPROVED BY THE MAYOR this 8th day of April , 1996 . Je e Tanner, Mayor Approve s to form: Lawrence J. Warre , City Attorney Date of Publication: 4/12/96 ORD. 567 :3/27/96 :as . 9 rrrr CITY OF RENTON, WASHINGTON ORDINANCE NO. 4594 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 12, ADULT ENTERTAINMENT STANDARDS, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) , OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADOPTING FINDINGS OF FACT AND STANDARDS OF CONDUCT FOR ADULT ENTERTAINMENT BUSINESSES . THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . Findings of Fact . Based on public testimony and other evidence presented to it, the Council makes the following Findings of Fact : A. The activities defined herein are detrimental to the public health, safety, morals, and general welfare of the citizens of the City of Renton and, therefore, such activities must be regulated as provided herein. B. 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, assaults, sexual conduct involving contact between patrons and between entertainers and patrons, narcotics and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants . C. The activities described in subsection B. of this section occur, in the absence of regulation, regardless of whether 4t2DINANCE NO. 4594 *140 adult entertainment is presented in conjunction with the sale of alcoholic beverages . D. Adult entertainment businesses which allow entertainers to mingle with customers foster an environment that pressures entertainers into acts of prostitution and other sexual contact with customers . Regulations that require entertainers to maintain a certain distance from customers are difficult to enforce and frequently violated. Restricting entertainers to a performance area affords the entertainers their constitutional right to express themselves, while effectively discouraging acts of prostitution and other sexual contact with customers . E. Due to the information presented regarding the connection of prostitution with adult entertainment businesses and sexual conduct involving contact between patrons, and between entertainers and patrons, there is a public health concern over sexually-transmitted diseases . This public health concern requires regulation of adult entertainment businesses in order to protect the health, safety and well-being of the public. F. 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 entert4iners have not assumed a false name, which would make regulation 6t the entertainer difficult or impossible . G. It is necessary to have a licensed manager on the premises of Stablishments offering adult entertainment at all times of operation so that there will be an individual responsible for the o"' .rall operation of the establishment, including the actions of °entertainers, other employees, and patrons . H. In- Order for law enforcement to enforce adult entertainment regulations, it is necessary to maintain a certain 2 S + )RDINANCE NO. 4594 level of visibility upon the premises of adult entertainment businesses providing adult live entertainment . Maintaining adequate lighting facilitates detection by managers and law enforcement of unlawful conduct . I . Persons who violate adult entertainment regulations are likely to be repeat offenders . To deter unlawful behavior the adult entertainment regulations must therefore include provisions to deny or revoke a person a license if that person is shown to have violated adult entertainment regulations in the recent past . J. The license fees required herein are nominal fees imposed as necessary cost recoupment measures designed to help defray the substantial expenses incurred in regulating the adult entertainment industry. K. 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 to effectively protect the public health, safety, morals, and general welfare it is important that the City of Renton be fully apprised of the actual ownership of adult entertainment establishments . L. There are sufficient important and substantial government interests to provide a constitutional basis for reasonable time, place, and manner regulations under which adult entertainment businesses can operate . SECTION II . Chapter 12, Adult Entertainment Standards, of Title V (Finance and Business Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows : 3 44 WINANCE NO. 4594 *440 CHAPTER 12 ADULT ENTERTAINMENT STANDARDS • Section 5-12-1 : Definitions . Section 5-12-2 : Prohibition. Section 5-12-3 : Adult Entertainment Business License Required. Section 5-12-4 : Adult Entertainment Business License Application. Section 5-12-5 : Adult Entertainment Business License Investigation. Section 5-12-6 : Issuance Of Adult Entertainment Business License. Section 5-12-7 : Denial of Adult Entertainment Business License . Section 5-12-8 : License Required For Managers And Entertainers Of Adult Entertainment Businesses . Section 5-12-9 : Manager and Entertainer License Application. Section 5-12-10 : Issuance of License for Manager and Entertainer. Section 5-12-11 : License Renewal . Section 5-12-12 : Fees . Section 5-12-13 : Exemptions . Section 5-12-14 : License Nontransferable. Section 5-12-15 : License - Posting And Display. Section 5-12-16 : Hours Of Operation. Section 5-12-17 : Persons Under Eighteen Prohibited. Section 5-12-18 : Alcohol Prohibited. Section 5-12-19 : Record Keeping Requirements . Section 5-12-20 : Inspections . Section 5-12-21 : Facility Specifications for Adult Entertainment Businesses Providing Adult Live Entertainment . Section 5-12-22 : Owner Duties . Section 5-12-23 : Manager Duties . Section 5-12-24 : Standards Of Conduct Applicable To Employees, Entertainers, Patrons and Customers in Adult Entertainment Businesses Providing Adult Live Entertainment . Section 5-12-25 : Standards of Conduct and Operation Applicable to Adult Entertainment Businesses that are Adult Arcades . Section 5-12-26 : Suspension Or Revocation Of License. Section 5-12-27 : Denial, Suspension Or Revocation Of License - Appeal . 4 2DINANCE NO. 4594 Section 5-12-28 : Limitations Of Liability. Section 5-12-29 : Criminal Penalties . Section 5-12-30 : Civil Penalty. Section 5-12-31 : Additional Enforcement . Section 5-12-32 : Severability . Section 5-12-33 : Intent . 5-12-1: Definitions . For the purposes of this ordinance, the following terms and words are defined as follows : A. "Adult entertainment business" means : 1 . Any enterprise, which, for money or any other form of consideration, features adult live entertainment as defined herein; 2 . Any adult motion picture theater as defined in City Code section 4-31-2 ; and 3 . Any adult arcade containing individual viewing areas or stations or booths, where, for money or any other form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of sexual activities or anatomical areas as defined herein. B. "Adult live entertainment" shall mean a person appearing nude or a live performance which is characterized by sexual activities as defined herein. C. "Adult live entertainment performance area" shall mean an area where adult live entertainment shall occur. D. "Applicant" shall mean any person who applies for an adult entertainment business license or an adult entertainment manager or entertainer license . E . "City" shall mean the City of Renton, Washington. 5 NmeDIFIANCE NO. 4594 N F . "Criminal activities" shall mean any conviction, bail forfeiture or adverse finding under federal, state or local law for acts which are sexual crimes against children, sexual abuse, rape, distribution of obscenity, distribution of erotic material to minors, prostitution, promoting prostitution, transporting persons for purposes of prostitution or enticing or coercing persons to travel for purposes of prostitution, permitting prostitution, patronizing a prostitute, pandering, racketeering, or violations of the Uniform Controlled Substances Act . G. "Director" shall mean the Finance & Information Services Administrator or his or her designee . H. "Employee" shall mean any person, including an independent contractor who works in or at or renders any service directly related to the operation of any adult entertainment business, whether or not such person is paid compensation by the operator of said business . I . "Entertainer" shall mean any person who provides adult live entertainment in an adult entertainment business, whether or not a fee is charged or accepted for such entertainment . J. "Manager" shall mean any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of an adult entertainment business. K. "Nude or State of Nudity" shall mean the appearance or less than complete and opaque covering of the anus, genitals, pubic region, buttocks, areola or nipple of the female breast, or { any artificial depiction of the same . L. "Obscene" shall mean an activity or material that, taken as a whole lacks serious literary, artistic, political, or scientific value, and, 6 • RDINANCE NO. 4594 1 . taken as a whole by an average person applying contemporary community standards, appeals to a prurient interest in sex, or, 2 . taken as a whole by an average person applying contemporary community standards, depicts patently offensive representations of : a . ultimate sexual acts, normal or perverted, actual or simulated; or b. masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or c . violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture. M. "Owner" shall mean the sole proprietor, significant stockholder, general partner, or significant limited partner of any adult entertainment business . N. "Person" shall mean any natural person; firm; joint venture, including all participants ; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors ; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit . 0. "Satisfactory documentation" shall mean: 1 . A motor vehicle operator' s license issued by any state bearing the applicant' s photograph and date of birth; or 2 . An identification card bearing the applicant' s photograph and date of birth issued by a federal or state government agency; or 7 14100DINANCE NO. 4594 3 . A valid passport issued by the United States of America or any other country. P. "Sexual activity" shall mean any of the following: 1 . The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, female breasts, or artificial depiction of the same; or 2 . Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or 3 . Masturbation, actual or simulated; or 4 . Excretory functions as part of or in connection with any of the activities set forth in subdivisions i through 3 of this subsection. Q. "Police" shall mean the Police Department . R. "Significant limited partner" shall mean any person who owns twenty percent (200) or greater interest in an adult entertainment business . S . "Significant stockholder" shall mean any person who owns twenty percent (200) or greater stock interest in an adult entertainment business . 5-12-2 : Prohibition. A person shall not use any property or premises for an adult entertainment business within the City of Renton, except as permitted by City ordinance. 5-12-3 : Adult Entertainment Business License Required. A. No person shall operate an adult entertainment business fwithout a valid adult entertainment business license issued by the City. The fact that a person possesses other types of state or county permits and/or licenses does not exempt him/her from the E requirement of obtaining an adult entertainment business license. Any person granted a license pursuant to this ordinance shall 1 8 RDINANCE NO. 4594 operate an adult entertainment business only under the name designated in the license and shall conduct business only for the specific type of adult entertainment business specified in the license and at the location specified in the license . it is unlawful for any person to operate or knowingly allow or cause to be operated an adult entertainment business without an adult entertainment business license . B. The director is responsible for granting, denying, revoking, renewing, and suspending adult entertainment business licenses . 5-12-4 : Adult Entertainment Business License AoDlication. A. An application for an adult entertainment business license shall be made on forms provided by the director and shall be signed by the applicant and notarized or certified to be true under penalty of perjury. The completed application shall include the following information and documents : 1 . If the applicant is : a. A sole proprietor, he/she shall state his/her legal name, any aliases, stage names, previous names, date of birth, optional disclosure of social security number, mailing address, residential address and satisfactory documentation as defined herein, that he/she is eighteen (18) years of age or older. b. A partnership, the partnership shall state: (1) its complete name, (2) the legal names, dates of birth and optional disclosure of social security numbers of all general partners and significant limited partners, and satisfactory documentation, as defined herein, that each general partner and 9 ►RDINANCE NO. 4594 ' significant limited partner is eighteen (18) years of age or older, (3) whether the partnership is general or limited and a copy of the partnership agreement, if any exists, (4) the mailing address for each general partner and significant limited partner or the address of the registered office for service of process, if any exists, (5) if any of the partners are corporations, the information required in subsection 5-12-4 . (A) (1) (c) for each corporation. c . A corporation, the corporation shall state: (1) its complete name, (2) the date of its incorporation, (3) evidence that the corporation is in good standing under the laws of the state of Washington, (4) the legal names, dates of birth, optional disclosure of social security numbers, and capacity of all officers, directors and significant stockholders, and satisfactory documentation that each is eighteen (18) years of age or older, (5) the name of the registered corporate agent, (6) the address of the registered office for service of process, and (7) in an affidavit from each officer, director, or significant stockholder the relationship of each to the corporation. 2 . If the applicant has had any criminal activity or is currently serving a sentence for a criminal activity, defined herein, within a five year period immediately preceding the date 10 • RDINANCE NO. 4594 of the application, and, if so, the criminal act involved and the date and place of the criminal activity. 3 . If the applicant has, within the last two years, had a previous permit or license under this ordinance or other similar ordinances from any other jurisdiction denied, suspended, or revoked, and, if so, the name and location of the adult entertainment business for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial , suspension, or revocation. 4 . If the applicant holds any other permits and/or licenses for an adult entertainment business in the City of Renton or any other jurisdiction, and, if so, the names and locations of such other adult entertainment businesses . 5 . The type of adult entertainment business license that is the subject of the license application. 6 . The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s) . 7 . Two two-inch by two-inch color photographs of the applicant taken within six months of the date of the application, showing only the full face of the applicant . The photographs shall be provided at the applicant ' s expense . 8 . A driver' s license number and state or federally issued tax identification number for the applicant . 9 . A complete set of fingerprints of the applicant utilizing fingerprint forms prescribed by the director. 10 . A sketch or diagram showing the configuration of the adult entertainment business, including a statement of total floor space occupied by the business . The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of 11 (1100iINANCE NO. 4594 the interior of the premises to an accuracy of plus or minus six inches . 11 . Applicants ' for a license shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty days from the date of such change by supplementing the application on file with the director, shall be grounds for suspension of a license . 12 . The license fee as established in this ordinance . 5-12-5 : Adult Entertainment Business License Investigation. The director shall refer an application for an adult entertainment business license to the following: A. The Fire Department and the Planning/Building/Public Works Department for reports on compliance with all applicable fire, building and zoning codes of the City, B. The Seattle-King County Department of Public Health for a report on all applicable health codes of King County, and C. The Police Department for investigation and recommendation. Each department shall submit a written response as to its recommendation on the issuance of a license along with specific reasons and applicable laws if the recommendation is disapproval of the license. Such reports shall be submitted within thirty days from the date of the application for an adult entertainment business license. The director shall conduct an on-site inspection of the adult entertainment business prior to issuing a license to ensure compliance with the requirements of this ordinance. 12 ')RDINANCE NO. 4594 5-12-6 : Issuance Of Adult Entertainment Business License . A. The director shall issue an adult entertainment business license within 45 (forty-five) days from the date of the application unless one or more of the criteria set forth in section 5-12-7 is present . B . The license, if issued, shall state on its face the name of the person or persons to whom it is issued, the specific type of adult entertainment business, the expiration date, and the address of the adult entertainment business . The license shall have affixed to it one such photograph of the applicant . The license shall expire one year from the date the license was issued. 5-12-7 : Denial of Adult Entertainment Business License . The director shall deny the adult entertainment business license and shall notify the applicant in writing of such denial for any of the following reasons : A. The applicant is under eighteen years of age . B. The applicant has failed to provide information required by the license application or this ordinance . C. The applicant has made a materially false statement in the application for a license which the applicant knows to be false . "Materially false statement" means any false statement, oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the license application. D. The applicant is currently serving a sentence for a criminal activity as defined herein E . The applicant is currently under suspension or revocation of a license related to adult entertainment issued by 13 ‘00.DINANCE NO. 4594 this City or any other jurisdiction for a violation which would be a violation under the provisions of this chapter. F. The applicant is overdue on his/her payment to the City of fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an adult entertainment business . G. The applicant has failed to comply with all applicable requirements of fire, building, zoning and/or health codes or laws of the City, county and/or state . H. The applicant has failed to comply with any provision or requirement of this ordinance. 5-12-8 : License Required For Managers And Entertainers Of Adult Entertainment Businesses . No person shall act as a manager or entertainer at any adult entertainment business without having first obtained a manager' s or entertainer' s license from the director. 5-12-9 : Manager and Entertainer License Application. An application for an adult entertainment business manager' s or entertainer' s license shall be made on forms provided by the director and shall be signed by the applicant and notarized or certified to be true under penalty of perjury. The completed application shall contain a color photograph of the applicant to be taken by the director and shall contain the following: A. The applicant' s name, any aliases or previous names, any stage names or nicknames used Win-entertaining, home address, home telephone number, date and place of birth, and optional disclosure of social security number. B. Whether the applicant had any criminal activity, defined herein, within a five year period immediately preceding the date of the application, and, if so, the criminal act involved and the date and place of the criminal activity. 14 ')RDINANCE NO. 4594 C. The names and addresses of all employers or individuals or businesses for whom the applicant was an employee or independent contractor for the period of two years immediately prior to the application date, and the time period of such employment . D. The name and address of each adult entertainment business at which the applicant intends to work as an entertainer. E . Satisfactory documentation, as defined herein, that the applicant is eighteen years of age or older. F. Evidence of the applicant having been fingerprinted from the Police Department . G. The license fee as established in this ordinance. 5-12-10 : Issuance of License for Manager and Entertainer. A. The director shall issue an entertainer or manager license promptly upon receipt of the completed application, evidence of fingerprinting by the Police Department, satisfactory documentation, as defined herein, that the applicant is eighteen years of age or older and the license fee. B. The license shall state on its face the name of the person to whom it is issued and the expiration date . The license shall expire one year from the date the license was issued. C. The director shall revoke a manager or entertainer license, for not more than one year, if such manager or entertainer had a criminal activity, as defined herein, in association with adult entertainment, within. the preceding two years for a misdemeanor or five years for a felony. 5-12-11: License Renewal . A. An application for renewal of a license issued under this chapter shall : 15 • ` rDINANCE NO. 4594 1 . Be made on forms provided by the director, signed by the applicant and notarized or certified to be true under penalty of perjury, and submitted to the director no later than thirty days prior to the expiration of such license; and 2 . Include payment of the license fees as established in this ordinance . B. All applicants for a license renewal shall present their current license for verification of identity, and upon issuance of a renewed license, shall surrender the expiring license to the director. C. The director shall renew a license upon submittal of the renewal application and review of the renewal application "and applicant' s file, unless the director is aware of facts from this review that would disqualify the applicant from being issued the renewal license, and further provided that the application complies with all provisions of this ordinance . 5-12-12 : Fees . Every person applying for a license under this chapter shall pay the following non-refundable fees with the license application: A. Adult Entertainment Business $750 B. Entertainer $ 75 C. Manager $ 75 D. License Replacement $ 5 5-12-13 : Exemptions. This ordinance shall not be construed to prohibit: } A. A person appearing in a state of nudity or semi-nudity, modeling in a class operated by: a proprietary school, licensed by the state of Washington; a college, junior college, or university supported entirely or partly by taxation; a private 16 ORDINANCE NO. 4594 college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; B. Plays, operas, musicals, or other dramatic works that are not obscene; C. Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene; or D. Exhibitions, performances, expression or dances that are not obscene . 5-12-14 : License Nontransferable . No license issued pursuant to this ordinance shall be transferable . 5-12-15 : License - Posting And Display. A. Every adult entertainment business license shall be displayed in a prominent place within the adult entertainment business . B. Every entertainer and manager shall have his/her license in his/her work area so that it is readily available for inspection by government licensing or law enforcement personnel . 5-12-16 : Hours Of Operation. It is unlawful for any adult entertainment business to be conducted, operated, or otherwise open to the public between the hours of two a.m. and ten a.m. 5-12-17 : Persons Under Eighteen Prohibited. A. It is unlawful for any person under the age of eighteen years to be in any adult entertainment business; B. It is unlawful for any owner, manager, or other person in charge of any adult entertainment business to knowingly permit or allow any person under the age of eighteen years to be in or upon such premises . 17 NuftDINANCE NO. 45---94 *41010 5-12-18 : Alcohol Prohibited. Alcoholic beverages are prohibited from being served or present at any adult entertainment business except if the adult entertainment business licensee possesses a valid Washington state liquor license . 5-12-19 : Record Keeping Requirements . A. Within thirty days following each calendar quarter, each adult entertainment business licensee shall file with the director a report signed under penalty of perjury verifying the licensee' s gross receipts and amounts paid to entertainers for the preceding calendar quarter. B. Each adult entertainment business licensee shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, social security numbers and ages of all persons employed or otherwise retained as entertainers by the licensee . C. Each adult entertainment business licensee shall maintain and retain for a period of two years a record of the name and license of each entertainer by shift and date . 5-12-20 : Inspections . A. All books and records required to be kept pursuant to this ordinance shall be open to inspection by the director or Police Department during the hours of operation of the adult entertainment business . The purpose of such inspection shall be to determine if the books and records meet the requirements of this ordinance. B. The adult entertainment business shall be open to inspection by the director, Police Department, fire or health officials, or their designees during the hours when the adult entertainment business is open. The purpose of such inspection 18 RDINANCE NO. 4594 shall be to determine if the adult entertainment business is operated in accordance with the requirements of this ordinance . It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this ordinance . 5-12-21: Facility Specifications for Adult Entertainment Businesses Providing Adult Live Entertainment . Adult entertainment business providing adult live entertainment must meet the following facility specifications : A. Any adult entertainment business performance area shall be at least twenty-four inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least six feet from all areas of the premises to which patrons have access . A continuous railing at least three feet in height, attached to the floor, and located at least six feet from all points of the adult live entertainment performance area shall separate any performance area and patron areas . Should any court of competent jurisdiction find the six foot separation to be unconstitutional, and there is any lesser distance of separation that has been found constitutional or which the court finds constitutional, then this section shall be deemed amended to provide for that lesser constitutional separation . B. Any adult entertainment business performance area must be visible from any entrance into the patron areas . Visibility shall not be blocked or obscured by doo# , curtains, drapes, or any other obstruction whatsoever. C. No activity or entertainment occurring on the premises shall be visible at any time from any public place . D. No entertainer shall be visible from any public place during the entertainer' s hours of employment, or apparent hours of employment, on the premises . 19 ,;RDINANCE NO. 4594 *411100 E . Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons and customers . The standard for sufficient lighting shall be that during all hours of operation all objects are plainly visible and a program, menu, or list printed in 8 point type is readable by the human eye with 20/20 vision from two feet away. F. Doors to areas on the premises which are available for use by persons other than the owner and/or manager, or their agents or employees may not be locked during business hours . 5-12-22 : Owner Duties . The owner of any adult entertainment business is responsible for the following: A. The owner shall be responsible for ensuring that a licensed manager is on duty during all hours of operation of the adult entertainment business . B. The owner shall not knowingly allow a violation of this Code to exist or to continue to exist at the adult entertainment business . 5-12-23 : Manager Duties . The manager of any adult entertainment business is responsible for the following: A. A licensed manager shall be on duty at any adult entertainment business during all hours of operation and shall be present in or have a view of any adult live entertainment performance area and areas of the adult entertainment business, excluding bathrooms, that are open to patrons and/or customers . B. The manager shall verify that any entertainer who provides adult live entertainment within the adult entertainment business possesses a current and valid entertainer' s license. 20 1DINANCE NO. 4594 *ow ore C. The manager shall ensure that within six hours after an entertainer has provided adult live entertainment, such entertainer shall not serve in any other capacity, including but not limited to being a licensed manager or waitperson. D. The manager shall ensure that all patrons and customers are at least eighteen years of age . E. The manager shall not knowingly allow a violation of this code to exist or to continue to exist at the adult entertainment business . 5-12-24 : Standards Of Conduct Applicable To Employees, Entertainers, Patrons and Customers in Adult Entertainment Businesses Providing Adult Live Entertainment . A. The following standards of conduct must be adhered to at all times by employees, entertainers, patrons and customers in adult entertainment businesses providing adult live entertainment . 1 . No employee or entertainer may appear nude in any part of the premises open to view of patrons and/or customers, except in an adult live entertainment performance area. No entertainer may perform anywhere on the premises except in an adult live entertainment performance area . 2 . No patron or customer shall go into or upon an adult live entertainment performance area. 3 . An entertainer is prohibited from being present in areas of the adult entertainment business that are open to patrons and/or customers within six hours after the entertainer has provided adult live entertainment . Entertainers are required to use restroom facilities that are separate from restroom facilities for patrons and/or customers . 4 . Within six hours after an entertainer has provided adult live entertainment, no patron, customer, employee or 21 • DINANCE NO. 4594 Sae entertainer shall allow, encourage, or permit physical contact between such entertainer and patron or customer. 5 . No patron, customer, employee or entertainer shall engage in sexual activity on the premises of an adult entertainment facility. 6 . No employee or entertainer shall use artificial devices or inanimate objects to depict sexual activity. 7 . No entertainer shall be visible from any public place outside the premises during the entertainer' s hours of employment or actual hours of employment . 8 . No entertainer shall use any name other than the name (s) stated in the entertainer' s application for his/her entertainer license. 9 . No patron or customer shall give to any entertainer any gratuity or other payment, except for a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet away from the adult live entertainment performance area. 10 . No entertainer shall solicit, demand, accept, or receive any gratuity or other payment from a patron or customer except for a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at leastf, six feet away from the adult live entertainment performance area. 11 . Within six hours after an entertainer has provided adult live entertainment, such entertainer shall not serve in any other capacity, p y, including but not limited to being a licensed manager or waitperson. 22 DINANCE NO. 4594 12 . At least two signs, in English, readable in block print from twenty feet, away shall be conspicuously displayed in the public area of the adult cabaret or adult theater stating the following : THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF RENTON: a. Entertainers and/or patrons are not permitted to engage in any type of sexual activity on the premises; b. Entertainers are not permitted to appear nude except in an adult live entertainment performance area; c . Entertainers are not permitted to perform except in an adult live entertainment performance area; d. Entertainers are prohibited from being present in areas of the adult entertainment business that are open to patrons or customers within six hours after the entertainer has provided adult live entertainment; e . Entertainers are not permitted to solicit, demand, accept, or receive any gratuity or other payment from a patron except a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet away from the adult live entertainment performance area; f . Patrons shall not give to any entertainer any gratuity or other payment, except for a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet away from the adult live entertainment performance area; g. Violations are subject to criminal prosecution. 23 ‘10DINANCEE NO. 4594 gilt 13 . No person may operate or maintain any kind of warning device or system for the purpose of warning or aiding and abetting the warning of any employee, patron, customer or any other person that the police, health, fire or building inspectors or other public officials are approaching or have entered the premises . 5-12-25 : Standards of Conduct and Operation Applicable to Adult Entertainment Businesses that are Adult Arcades . All adult entertainment businesses that are adult arcades having facilities for customers ' viewing of depictions of human nudity and/or sexual conduct of any nature, including depictions of sexual activities, as defined herein, shall comply with the following: A. Construction/Maintenance . 1 . Each viewing area shall be visible from a manager' s station at all times and shall not be obscured by any curtain, door, wall, other enclosure, merchandise, display racks or other materials . As used in this section, "viewing area" means the area where a patron or customer may watch a film, video or other viewing device, and includes any station or booth for individual viewing. 2 . The premises shall be maintained in a clean and sanitary condition at all times . 3 . Sufficient lighting shall be provided and equally distributed in or about the parts of the premises which are open to and used by patrons and customers . The standard for sufficient lighting shall be that during all hours of operation all objects are plainly visible and a program, menu or list printed in 8 point type is readable by the human eye with 20/20 vision from two feet away. 24 'DINANCE NO. 4594 4 . Restrooms may not contain video reproduction equipment . 5 . No steps or risers are allowed in any adult arcade booth or station. 6 . No adult arcade station or booth shall have more than one seat . No seat within an adult arcade station or booth shall have any seat back or side that obscures the occupant of an adult arcade station or booth from view. 7 . The floor coverings in adult arcade stations or booths shall be nonporous, easily cleaned surfaces and shall not consist of rugs or carpeting. 8 . The wall and ceiling surfaces of adult arcade stations or booths shall be constructed of, or permanently covered by nonporous, easily cleanable material, and shall not consist of wood, plywood, composition board or other porous material within forty-eight inches of the floor. 9 . All ventilation devices between the adult arcade stations or booths must be covered by a permanently affixed ventilation cover . Ventilation holes may only be located one foot from the top of the station or booth walls or one foot from the bottom of the station or booth walls . There may not be any other holes or openings in the stations or booths . 10 . Doors to areas on the premises which are available for use by persons other than the owner and/or manager, or their agents or employees may not be locked during business hours . B. Unlawful Conduct . The following conduct or activity is unlawful on the premises : 1 . Masturbation or sexual activity of any kind, and/or 2 . Two or more customers in a viewing station or booth at the same time . 25 I ;.DINANCE NO. 4594 3 . No person may operate any kind of warning device or system for the purpose of warning or aiding and abetting the warning of any employee, patron, customer, member or other persons that the police, health, fire or building inspector or other public officials are approaching or have entered the premises . 4 . No person under eighteen years of age shall be permitted in such premises . The employees shall check identification of all patrons and customers upon entering the premises . C. Signs . At least two signs, in English, readable in block print from twenty feet away, shall be conspicuously displayed on the premises advising customers using viewing stations or booths that : 1 . Masturbation or sexual activity is prohibited and unlawful on the premises . 2 . It is unlawful for more than one customer to occupy a viewing station or booth at any time . 3 . Violations are subject to criminal prosecution. 5-12-26 : Suspension Or Revocation Of License . A. The director shall revoke or suspend, for not more than one year, any license issued under this chapter, and shall notify the license holder in writing of such action, if the director determines that the license holder has made with the intent to mislead a materially false statement in the application for a license or license renewal . "Materially false statement" means any false statement, oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the license application. B. The director shall revoke or suspend, for not more than two years, any license issued under this chapter, and shall notify 26 • ZDINANCE NO. 4594 the license holder in writing of such action, if the director determines that the license holder: 1 . Has a misdemeanor criminal activity, as defined herein, arising out of an activity related to adult entertainment, while licensed under this chapter; 2 . Is currently under suspension or revocation of a license related to adult entertainment issued by the City of Renton or any other jurisdiction for a violation which would be a violation under the provisions of this chapter; 3 . Is adjudicated to be in violation of this chapter, or in violation of a provision of another jurisdiction which would be a violation under this chapter, in accordance with the adjudicative proceedings pertaining to this chapter or by proceedings in another jurisdiction which would be equivalent to those of this chapter. C . The director shall revoke or suspend, for not more than five years, any license issued under this chapter, and shall notify the license holder in writing of such action, if the director determines that the license holder: 1 . Has a felony criminal activity, as defined herein, arising out of an activity related to adult entertainment, while licensed under this chapter; 2 . Commits an act referred to under subsection 5-12- 27 .B above for the second time while licensed under this chapter. D. Upon receipt of a suspension or revocation of a license, the license holder shall promptly deliver the license to the director. However, if the suspension or revocation is appealed, the license holder need not deliver the license to the director until the appeal process is completed. In the case of a license 27 r DINANCE NO. 4594 *1110 suspension, the director shall return the license to the license holder at the expiration of the suspension period. 5-12-27 : Denial , Suspension Or Revocation Of License - Appeal . The appeals procedure set forth in City Code Chapter 4-8 for appeals of administrative determinations shall apply to appeals brought by any party aggrieved by actions of the director pursuant to any section of this chapter; except that each of the following shall also apply: A. If an appeal is brought by any party aggrieved by action of the director pursuant to any section of this chapter the status quo shall be maintained pending resolution of the controversy and the director shall not revoke or suspend the aggrieved party' s license prior to resolution of the matter by the Hearing Examiner. B. During the course of proceeding before the Hearing Examiner the burden of proof shall be upon the director. C. If review of a decision of the Hearing Examiner is allowed by general law and is timely sought by any aggrieved party, the status quo shall be maintained pending resolution of the controversy and the director shall not revoke or suspend the aggrieved party' s license prior to resolution of the matter. 5-12-28 : Limitations Of Liability. None of the provisions of this ordinance are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals . Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. 5-12-29 : Criminal Penalties . 28 y x RDINANCE NO. 4594 Any person violating any of the conduct provisions of this chapter, sections 5-12-24 and 5-12-25, shall, upon conviction, be guilty of a misdemeanor and punished by a fine not to exceed one thousand dollars or by imprisonment in the City jail for not more than ninety days, or both. 5-12-30 : Civil Penalty. Any person who violates any provision of this chapter, except the conduct standards of sections 5-12-24 and 5-12-25 , shall be subject to a civil penalty in an amount not to exceed one thousand dollars per violation, to be directly assessed by the director. The director, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title . 5-12-31: Additional Enforcement. Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of this chapter or other regulation herein adopted. 5-12-32 : Severability. If any portion of this ordinance as now or hereafter amended, or its application to any person or circumstance is held invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged to be invalid or unconstitutional, 29 • AMOMOr liiimppINANCE NO . 4594 and its application to other persons or circumstances shall not be affected . 5-12-33 : Intent . it is the intent of this ordinance to regulate conduct and not to unconstitutionally interfere with state or federal constitutional rights . To the extent this ordinance implicates constitutional rights, it is the intent of this ordinance to impose only reasonable time, place, and manner restrictions on those constitutional rights . Any reviewing court should consider this statement of intent to arrive at an interpretation of this ordinance which is constitutional . SECTION III . This ordinance shall be effective upon its passage, approval, and (30) days after publication. PASSED BY THE CITY COUNCIL this 8th day of Aoril , 1996 . Marilyi Petersen, City Clerk APPROVED BY THE MAYOR this 8th day of April , 1996 . J ,,se Tanner, Mayor Approve s to form: Lawrence J. Warr , City Attorney Date of Publication: 4/12/96 ORD.544-3/27/96 :as . 30 11 April 8, 1996 Renton City Council Minutes Page 141 The following ordinances were presented for second and final reading: Ordinance #4594 ` An ordinance and summary ordinance were read amending Chapter 12, Adult Legal: Adult Entertainment Standards, of Title V (Finance and Business Regulations) of Entertainment Businesses, City Code by adopting findings of fact and standards of conduct for adult Standards of Conduct entertainment businesses. MOVED BY SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AND SUMMARY ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #4595 An ordinance and summary ordinance were read amending sections 4-31-2, 4- Legal: Adult 31-10, 4-31-11, 4-31-12, and 4-31-16 of Chapter 31, Zoning Code, of Title ,Entertainment Businesses, IV (Building Regulations) of City Code relating to zoning for adult Zoning Changes entertainment businesses. MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AND SUMMARY ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #4596 An ordinance was read amending section 4-24-5 of Chapter 24, Uniform Development Services: Building Code; sections 4-25-1, 4-25-4 and 4-25-5 of Chapter 25, National National Electrical Code Electrical Code; subsection 4-27-1.E of Chapter 27, Uniform Mechanical and Other Uniform Code Code; and section 4-28-2 of Chapter 28, Uniform Building Code, of Title IV Amendments (Building Regulations) of City Code by adopting the 1996 National Electrical Code and updating service fees. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. Ordinance #4597 An ordinance was read amending the City's Comprehensive Plan, maps and Comprehensive Plan: 1995 data in conjunction therewith (1995 Comprehensive Plan amendments). Amendments MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Councilman Schlitzer commended City staff and staff from King County for Streets: Taylor P1 NW/87th the quick and excellent response to citizen requests for safety improvements at Ave S Safety Taylor Pl. NW and 87th Ave. S. The installation of street lights, speedbumps Improvements and crosswalks were among the significant improvements made. AUDIENCE COMMENT Ed Aliment, 531 Williams Ave. S., Renton, 98055, strenuously objected to Citizen Comment Aliment routing mass transit on Williams Ave., saying that buses belong on Main St., - Downtown Transit not on residential streets. Noting he has lived in his current home for 72 Hub/Transit Changes years, Mr. Aliment said many cars already speed on this street, and speedbumps are needed. He also noted a problem with pass-through traffic in this area. Citizen Comment Evans - Ralph Evans, 3306 NE 11 th Pl., Renton, 98056, suggested that the City Proposed Shuffleton Plant acquire the Shuffleton steam plant property in the harbor island area from Acquisition Puget Power for future park use and development of a marina village center. Citizen Comment: Rowe - Nita Rowe, 421 Wells Ave. S., Renton, 98055, encouraged Council to seek Downtown Transit creative planning and ideas relating to the proposed transit changes in Renton. Hub/Transit Changes She questioned if the reason to locate the transit hub downtown is to encourage more multi-family housing in this area, warning that taking this approach would lessen property values and disenfranchise current residents. She felt that business and resident interests should not be made to conflict and that downtown Renton can be developed and improved without agitating nearby neighborhoods. Ms. Rowe said the current proposal will not benefit south Renton residents, but only bring negative impacts. Emphasizing that April 1. 1996Renton City Council Minutes Page 128 Legal: Adult An ordinance and summary ordinance were read amending sections 4-31-2, 4- Entertainment Businesses, 31-10, 4-31-11, 4-31-12, and 4-31-16 of Chapter 31, Zoning Code, of Title cloning Changes IV (Building Regulations) of City Code relating to zoning for adult entertainment businesses. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE AND SUMMARY ORDINANCE FOR SECOND AND FINAL READING ON 4/08/96. CARRIED. Development Services: An ordinance was read amending section 4-24-5 of Chapter 24, Uniform National Electrical Code Building Code; sections 4-25-1, 4-25-4 and 4-25-5 of Chapter 25, National and Other Uniform Code Electrical Code; subsection 4-27-1.E of Chapter 27, Uniform Mechanical Amendments Code; and section 4-28-2 of Chapter 28, Uniform Building Code, of Title IV (Building Regulations) of City Code by adopting the 1996 National Electrical Code and updating service fees. MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/08/96. CARRIED. Comprehensive Plan: 1995 An ordinance was read amending the City's Comprehensive Plan, maps and Amendments data in conjunction therewith (1995 Comprehensive Plan amendments). MOVED BY CORMAN, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 4/08/96. CARRIED. The following ordinance and summary ordinance were presented for second and final reading: Ordinance #4593 An ordinance and summary ordinance were read amending sections 4-31-10.2, Building: Commercial & 4-31-10.3, 4-31-10.4, 4-31-10.5, 4-31-11.1, 4-31-11.2 and 4-31-16 of Industrial Setback Changes Chapter 31, Zoning, of Title IV (Building Regulations), of City Code relating to commercial and industrial setbacks in the Center Suburban (CS), Center Neighborhood (CN), Convenience Commercial (CC), Commercial Office (CO), Commercial Arterial (CA), Light Industrial (IL) and Medium Industrial (IM) zones, limiting parking associated with the commercial use, subject to modification, establishing a conditional use permit for excess height when a commercial or industrial use adjoins a residential use and establishing additional design requirements when the industrial or commercial use abuts a residential use. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL ADOPT THE ORDINANCE AND SUMMARY ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. AUDIENCE COMMENT Beverly Franklin, PO Box 685, Renton, 98057, requested that a copy of the Citizen Comment: renewed operating permit agreement with Puget Sound Helicopters be Franklin - Puget Sound provided to affected residents. Although she hoped this agreement would Helicopters satisfy resident concerns, she disagreed with putting citizens in the position of serving as watchdogs over this business. Citizen Comment: Lukins Speaking as a private citizen, Jeff Lukins, 1113 S. 23rd St., Renton, 98057, - Downtown Transit said although the existing Park 'N' Ride on Grady Way is widely used, the Hub/Transit Changes transit hub would be better located in the CBD to enhance downtown revitalization. Cautioning that it will take time to transition to the future vision of having Park 'N' Rides in various neighborhoods connecting to the transit hub, he said nevertheless service increases are needed now. Emphasizing that the Seattle express route #101 is a critical component of the system which must connect somehow to the downtown transit hub, Mr. Lukins reviewed the various options available for ensuring this connection. Mayor Tanner replied that the purported extra four minute transit time related to switching the express route from Burnett to Williams and Wells will be investigated. He did not believe that the success or failure of the entire April 1, 1996 1 t.enton City Council Minutes "'' Page 127 Engineering Services, Inc. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Emergency Sewer Utilities Committee Chair Corman presented a report regarding the request Hook-up, Jones, UC-96- from Doug and Susan Jones to connect to the City's sewer system. The Jones' house is located at 13725 SE 116th St., which is outside Renton's city limits. After reviewing the proponent's request, the Committee found the following: 1. Based on the memo received from the Seattle-King County Department of Public Health, a failing septic tank and drain field exist at the proponent's house; 2. Consistent with City policy, sewer connections may be granted outside the city limits if a failing septic tank and drain field exist; and 3. As a condition of allowing this sewer connection, the proponent must agree to the following conditions: a) The Joneses sign and have executed covenants agreeing not to protest annexation for their parcel; b) The Joneses make connection to the City's sewer consistent with City codes, standards, and policies; c) The Joneses obtain and pay for all required permits, including but not limited to a City side sewer permit and a King County right-of-way permit; and d) The Joneses acknowledge that, as non-Renton residents, they are required to pay the utility rate set by the City Council for non- residents (currently one and one-half the standard rate). MOVED BY CORMAN, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3179 A resolution was read approving the La Mesa final plat, 12 lots on 2.36 acres Plat: La Mesa, Final, NE located in the vicinity of NE 28th St. and Aberdeen Ave. NE. MOVED BY 28th St/Aberdeen Ave SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT NE, FP-96-032 THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3180 A resolution was read in support of early implementation of the King County Metro: Six-Year Transit Six-Year Transit Development Plan for 1996-2001 beginning in September, Plan/Renton Early 1996 for the Renton area. MOVED BY SCHLITZER, SECONDED BY Implementation Project KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 4/08/96 for second and final reading: Legal: Adult An ordinance and summary ordinance were read amending Chapter 12, Adult Entertainment Iusineses, Entertainment Standards, of Title V (Finance and Business Regulations) of Standards of Conduct City Code by adopting findings of fact and standards of conduct for adult entertainment businesses. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE AND SUMMARY ORDINANCE FOR SECOND AND FINAL READING ON 4/08/96. CARRIED. RENTON CITY COUNCIL Regular Meeting March 25, 1996 Council Chambers Monday, 7:30 p.m. Municipal Building MINUTES PUBLIC HEARINGS Legal: Adult Entertainment Ordinance This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Tanner opened the public hearing to consider proposed amendments to the Zoning Code to re-establish the acreage for adult entertainment businesses previously approved by the United States Supreme Court. Lawrence J. Warren, City Attorney, reviewed that in 1981, the Renton City Council passed an Adult Entertainment Ordinance that established a "B-1" zoning category in which adult entertainment businesses could locate. In a landmark case, the United State Supreme Court approved the City's legislation, and the Court affirmed that Renton had provided adequate territory (520 acres) within its limits for the location of adult entertainment uses. The acreage referred to lies south of 1-405 and west of the Valley freeway (SR-167). Continuing, Mr. Warren said because of recent Growth Management-initiated rezones, the B-1 zone was dissolved into a number of commercial zones, and the adult entertainment use provision was removed from a number of the new zones. He explained that this use needs to be re-established in the previously-allowed areas to reclaim the acreage approved by the U.S. Supreme Court. Mr. Warren assured Council that adult entertainment uses will still have to be separated by 1,000 feet from churches, schools, residences, parks and other family-oriented uses. This stipulation will essentially limit adult entertainment uses to the Valley area previously mentioned. Audience comment was invited. There being none, it was MOVED BY SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. 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Z • scg g z VELAR. r,.. 2cpx,' -tas, 5V V 3 sm m E.9 cbT o�'o m � $ ng_cN"m Nftw CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed March 25, 1996, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Proposed amendments to Zoning Code to reestablish the acreage for adult entertainment businesses previously approved by the United States Supreme Court. All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn . rsen, CMC City Clerk Published: Valley Daily News March 15, 1996 Account No. 50640 APPROVED BY CITY COUNCIL COMMITTEE OF THE WHOLE Date COMMITTEE REPORT MARCH 4, 1996 Adult Entertainment Ordinance (Referred February 19, 1996) The City Attorney made a presentation concerning a proposed amendment to the Adult Entertainment Ordinance. That presentation included submission of five binders of factual support of the ordinance as well as four video tapes . The committee also heard testimony from Detective Covey of the King County Police Department concerning his experience with criminal activity associated with adult entertainment businesses . Based upon this record the Committee of the Whole recommends that the full Council consider adopting the adult entertainment ordinance as presented. The City Attorney also informed the Committee of the Whole that the City' s Zoning Code had inadvertently limited the area of the City upon which adult entertainment businesses could operate, thereby eroding the Supreme Court' s decision in City of Renton v. Playtime Theaters, Inc. It is recommended that the City Council establish a public hearing on March 25, 1996 to consider amendments to the Zoning Code to reestablish the acreage for adult entertainment businesses previously approved by the United States Supreme Court . It is further recommended that the adult entertainment ordinance be held for reading at the same time as the change to the Zoning Code . Toni Nelson, Counc 1 President city14.33.:as.