HomeMy WebLinkAboutRES 4054Amends:
RES 4041
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4054
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A
MORATORIUM ON ACCEPTING APPLICATIONS FOR BUSINESS LICENSES OR
PERMITS FOR ADULT ENTERTAINMENT BUSINESSES AND TAVERNS, AS
DEFINED IN CITY CODE, WITHIN SPECIFIC GEOGRAPHICAL AREAS, AND
ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM.
WHEREAS, the City of Renton presently has an ordinance regulating adult motion
picture theaters, nude dancing establishments, and similar adult uses, as defined in Chapter 5-
12 RMC; and
WHEREAS, this current adult entertainment ordinance is over 25 years old and has not
been recently studied or reviewed since then; and
WHEREAS, the valley area locations where an adult entertainment business may locate
have substantially changed in those 25 years; and
WHEREAS, a new adult entertainment business venue is to be opened within the City of
Renton; and
WHEREAS, the opening of such business may result in negative secondary effects of the
business or similar businesses; and
WHEREAS, given the passage of time, it is in the best interest of the City to study the
area and evaluate the impacts, if any, and to assess whether any changes or measured
appropriate action is necessary; and
WHEREAS, this moratorium resolution is prospective in its application; and
WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly
impact any party's free speech or expression rights; and
RESOLUTION NO. 4054
WHEREAS, the purpose of this resolution is to provide, after appropriate study, 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 re-evaluate existing
conditions to determine whether or not there is a substantial governmental interest in
modifying the existing land use regulations and to determine whether or not any negative
secondary effects that the City may determine, by such re-evaluation, 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 additional requirements or
changes to regulating adult entertainment businesses 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
WHEREAS, the City Council held public hearings on the adult use moratorium on March
22, 2010, and June 7, 2010; and
WHEREAS, the Planning and Development Committee of the Council considered ideas
about regulations of adult uses and determined that taverns in close proximity to adult uses
may create additional negative secondary effects; and
RESOLUTION NO. 4054
WHEREAS, the Planning and Development Committee believed that the geographical
extent of the moratorium could be lessened but believed that the area between SW 43r Street
and SW 41st Street and North of SW 16th Street should be included the moratorium;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
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 acceptance of applications
for any business license or other permit for an adult entertainment venue:
A. Within one thousand (1,000) feet of any established adult motion picture
theater, peep show, panoram, adult retail use or place of adult entertainment.
B. Located on a parcel that shares the same street frontage of any established
adult motion picture theater, peep show, panoram, adult retail use or place of adult
entertainment.
1. Parcels located along or taking primary access from the same street
without a bisecting primary arterial street shall be considered to share the same street
frontage.
2. Parcels located within five hundred linear feet (500') of a street
intersection shall be considered to have street frontage along both intersecting streets.
C. Between SW 43rd and SW 41st Streets.
D. North of SW 16th Street.
SECTION III. There is hereby declared a moratorium on the acceptance of applications
for any business license or other permit for a tavern within one thousand (1,000) feet of any
RESOLUTION NO. 4054
established adult motion picture theater, peep show, panoram, adult retail use or place of
adult entertainment.
SECTION IV. This moratorium shall be in place for a period of six (6) months, which
moratorium may be extended or renewed for one or more six (6) 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 (6) month moratorium, the City Attorney Department and
the planning staff of the City are requested to survey existing evidence to determine what
negative secondary effects may be associated with those types of land uses, ways to mitigate
negative secondary effects of such land uses 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 expression such that any regulation ultimately adopted is a
reasonable time, place and manner restriction. The City Attorney Department 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.
PASSED BY THE CITY COUNCIL this 28th day of June # 2010.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 28th day of June , 2010.
UJ<SO
Denis Law, Mayor
RESOLUTION NO. 4054
Approved as to form:
Lawrence J. Warrert; City Attorney
Publication Date: July 9, 2010
RES:1469:6/29/10:scr