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Home My WebLink AboutCouncil 04/25/2011AGENDA RENTON CITY COUNCIL REGULAR MEETING April 25, 2011 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Fire & Emergency Services Department ‐ Citizen Recognition 4.PUBLIC HEARING a. Amending the Adult Retail Entertainment regulations, and adoption of a Finding‐of‐Fact resolution in support of the ordinance. 5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one‐half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 4/18/2011. Council concur. b. City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring 4/1/2011 to 9/30/2011. Information. c. Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Ave. S. to fulfill a requirement of the Turalba Short Plat (SHP‐07‐126). Council concur. d. Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System (KCLS) regarding the construction of two KCLS libraries within the City. Refer to Committee of the Whole. e. Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. (See 9.b. for resolution.) f. Community Services Department recommends approval of a two‐year lease agreement in the amount of $600 per month with Birthday Dreams for Suite 200 of the Liberty Park Community Center. Refer to Finance Committee. Page 1 of 140 g. Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 for volunteers working at the 2011‐2012 Piazza Renton events, the 2011 Farmers Market, and the 2011 Return to Renton Benefit Car Show. Refer to Finance Committee. 8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: 2011 Neighborhood Grant Program; Winters Appointment to Parks Commission b. Public Safety Committee: City Code Amendment Regarding Expulsions & Criminal Tresspass at the Transit Center* 9.RESOLUTIONS AND ORDINANCES Resolutions: a. Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.) b. Establishing a Sister City Affiliation policy (See 7.e.) Ordinances for first reading and advancement to second and final reading: a. City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) b. City Code amendment regarding expulsions and criminal trespass at the Transit Center and declaring an emergency (See 8.b.) 10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS April 25, 2011 Monday, 6:30 p.m. Regional Issues • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 140 !"#$% "&'()#*+ ,--. !"!#$#% & & '# & & % % ( ) ! * +,-. / 0 1 !"!#$# 0 * 0 1 & $%### ( % % % % ) & 1 0 +10 / ! #2% & * * & * & 0 1 * * ,-. , % 0 1 * 3 · 4 * $%### · 4 * * 0 1 * · 5 6 · 5 & 0 * % * 0 % /0 0 1 ,/1 & * 0 1 7 7 1 % * 0 1 7 & * 4a. ‐ Amending the Adult Retail Entertainment regulations, and adoption of a Finding‐of‐Fact resolution in support of the ordinance.Page 3 of 140 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: City of Renton Contract Lists: 1st Quarter 2011 Report Six-month Expiration Report Meeting: Regular Council - 25 Apr 2011 Exhibits: List of contract fully executed from January 1, 2011 through March 31, 2011; List of contracts expiring between April 1, 2011 and September 30, 2011 Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie I. Walton, City Clerk, x6502 Recommended Action: None; Information Only Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Fully executed in 1st quarter 2011 were 54 contracts; 20 addendums; 8 change orders; and 3 leases affecting 80 agreements. The six-month expiration report shows 40 agreements that will expire between April 1, 2011 and September 30, 2011. STAFF RECOMMENDATION: None, Information only 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 4 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 5 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 6 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 7 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 8 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 9 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 10 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 11 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 12 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 13 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 14 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 15 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 16 of 140 7b. ‐ City Clerk submits quarterly contract list for period of 1/1/2011 through 3/31/2011 and expiration report for agreements expiring Page 17 of 140 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Dedication of Right-of-Way for Turalba Short Plat LUA07-126-SHPL Meeting: Regular Council - 25 Apr 2011 Exhibits: Turalba Short Plat Deed Turalba Short Plat Report & Decision Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Carrie Olson, x7235 Recommended Action: Council concur. Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The 5 x 72 foot area to be dedicated for street widening of Morris Ave S. is approx. 360 square feet. This dedication will fulfill the conditions required by the Administrative Short Plat Report & Decision for the Turalba Short Plat, LUA07-126-SHPL. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication document. 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 18 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 19 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 20 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 21 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 22 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 23 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 24 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 25 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 26 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 27 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 28 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 29 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 30 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 31 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 32 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 33 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 34 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 35 of 140 7c. ‐ Community and Economic Development Department recommends acceptance of a deed of dedication for additional right‐of‐way on Morris Page 36 of 140 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Interlocal Agreement with the King County Library System related to Construction of Two KCLS Libraries in the City of Renton Meeting: Regular Council - 25 Apr 2011 Exhibits: Interlocal Agreement Resolution Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Alex Pietsch (x 6592) Recommended Action: Refer to Committee of the Whole Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $ Amount Budgeted: $ 0 Revenue Generated: $ Total Project Budget: $ 0 City Share Total Project: $ SUMMARY OF ACTION: On July 6, 2009, the City Council approved an interlocal agreement (ILA) with the King County Library System (KCLS) establishing that if annexation to KCLS was approved by the voters the City would construct two new library facilities. In February 2010, Renton voters approved annexation to KCLS. Since that time, City staff has been working with KCLS to determine the appropriate locations of these two new libraries, the mechanism by which the design and construction will be funded, and the roles and responsibilities for each party in the process. A second ILA has been drafted to this end and is now presented to the City Council for consideration. This second ILA establishes that the City will obtain land and fund construction of two new libraries, one in Downtown Renton and the other in the Sunset Area of the Renton Highlands. KCLS will fund the furniture, fixtures and equipment for each branch. KCLS will also be the lead entity in contracting with the architects and general contractors. The ILA lays out a process by which the community will have a role in the design process. It also establishes a procedure by which city staff will have an active role in the construction process and have the ability to review and approve invoices. STAFF RECOMMENDATION: Approve and authorize the Mayor and City Clerk to sign an interlocal agreement with the King County Library System related to construction of two KCLS libraries in the City of Renton. 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 37 of 140 1 ! ! " # $ $ $ % #& ' ( % $ ) * $ ) + & # , # % - ! + !* ) % #& .( , # % + & ,#-+ ( ( $ / # )) 0 1 ,#-+ ! % 2 ( 3( # ,#-+ 0 $% # " ** ) 0 * % ,#-+ %* ) " " * ! $ * # ! $ / % % $ % ( $ ** $ 0 * 4 5 $ ( 3( # ,#-+ $ )* 4 5 $ " ** $*% " * ! $ %$ " " $ %$ +% 6 ( #( 4 5 $ $ # $7% * ) ) %) " $ * ! $ %$ $ 6 6" $ 0 ! 7% ( ( 4 5 $ * 7% ,#-+ 0 $ %$ ! * ! * ) * ! ( 8( 4 5 $ ! * " % / ! 9 * $ * # ) $ #& 2( ( :;& <8 8 ; 8 $ ) 0 4 ** " = ( 4 = # ,#-+ $ ** $ 0 * 4 ( 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 38 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 39 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 40 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 41 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 42 of 140 6 $ %$ ) $ %$ $ * ! !* * ) $ $ 0 $ $ ( * $ ,#-+ ** 1 $% * ** $ $ $ $ %$ ) 5 $ ) 0 ( ( ,#-+ * $ $ %$ ) $ * ! ** 0 % > $ $ ** !* > ) ) 5 $ " !% ( ( # %$ " ** ! !* $ * ! ) 5 $ $*% $ $ $ %* ,#-+ $ %$ ,#-+ $% * E + # )( # @ $ * $ ( a. ,#-+ " ** ) 0 $ $ 0 " " F * # $ ( b. ; $ $ %$ $ $ # %$ " ** !% * " >* % % ) $ 0 ) 5 $ ( c. ,#-+ ** ! ) !* ) 5 $ ) 0 $ $ $ 0 " ) 5 $ ( ** $ 0 *0 ) 5 $ $ $ % ** ! 0 " )) 0 ! ,#-+ # @ $ * $ ) 5 $ ) 0 ) $ 0 !* $ ( +%$ )) 0 * ** ! ) 0 * ) !* ( d. : $ )) 0 ** ! ** " $ $ $ %$ 1$ ) * $ ,#-+( ) ! * $ $ " ** ! ** " = ( # $ * 7% # ** ! * ) ! * # ( 9 $ 1$ # @ !* B 1 % # !% $ 0 $ ! % %$ $ $ # " ** ! * % 4 5 $ " " $ ? ( # $ * 7% ,#-+ ** ! * ) ! * ,#-+? ( # $ %* % % * ,#-+ # $ % % $ ** ! ) ! * # ( 9 $ 1$ # @ !* B 1 % # !% # ,#-+ > %$ $ ) ! * % 4 5 $ ( ,#-+ * $ ) 0 * % 4 5 $ * $ !% ** ! 7% ? 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 43 of 140 7 ( ,#-+ " ** ! ) !* ) 5 $ * $ $ $ % * * ! $ * $ $ ! ,#-+( e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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 44 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 45 of 140 9 '( 4 0 " H C( 4%!* $ 3 : $ 4 $ # %$ H .( # %$ ;$$%) $ H G( B 0 )% $ * H " 2( & 6 ** " * $$ ) $ !( +% - ! = ) * +% - ! +% 3*0 :8 ! " :8 < 0 % :8 + 3 ( ( # " ** % $ %$ ,#-+ " ** ) * ! * %$ % %) ' 7% ( ( )) 1 * 1 C $ ) > ** 1) $ ! ) 0 $ ! % % ) > 5 $ )%!* $ ( < % % # % % )%!* $ ) 0 ) 0 * ) )* 0 * ) ) +% * ! ( 0 * ) $ ) * ! %$ % * $% )) 0 * ! ,#-+( +%$ 1 6% 0 * ) " %* 7% ) ! ) ( ( 0 ) ) * = ( # - ! $ + * $ # %* HI ( + )* ) % 0 * ) " # < ,#-+ I ( # < ) ) H I '( < %! * ) ))* $ E + ) < % D E ! 0 * ) <E JI C( +$ $ 0 * ) 4 $*% 4%!* $ # # % $ * 0 " H 1 .( <E )) 0 * ) ))* $ H * G( # %$ $% 4 + 4 ) 6 % 1 2( < ))* $ 0 * $ 0 %$ +% $ JI ( 4 0 " H " H I ( 9 $ +% $ * $ * 0 % H 1 ( 4%!* $ 3 : $ 4 $ # %$ H ( # %$ ;$$%) $ H ( B 0 )% $ * H " ( & 6 ** " * $$ ) $ 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 46 of 140 10 G( B )% *% = ( 9 4 ! * 0 ! * ! $ $ $ % ) 0 " $ " 0 . * * ! $ " * " > " $ % * $ $% $ $ % * ! $ ( !( 4 ! 0 $ * ! $ % $* $% * ! $ " " !* ) ( $( *% $* $% * ! $ " " !* ) %* 4 %! 7% + $ G ( ( 9 0 )% ! " 4 4 ** ) *0 ** ( 9 4 % !* *0 ** " a % * 6) ** ! % % ** ( 9 4 $ 4 ** 5 * ))* $ ! $ ) * 0 $ ( ( E * " 1) * ! 4 " ! # ,#-+ ** $ % ) ** ) $ 0 !* % % *% )% . 2( ? F % - = ( %* ! ** " " ) * $ )* ) 5 $ ** " * $$ ) $ )* $ ! F % - ! 0 * ) ( F % - ** $*% ** " ) 0 = ( # " ** * + ,#-+ $ ( ( ,#-+ " ** ) )%!* $ * ! $ * " !% * $ %$ + ( ( ,#-+ " ** !% * $ %$ + 5 $ * $ ) ( 0( # " ** ) > $ ! + $ . ! 0 ( 0( ,#-+ " ** %**6 )* $ ) ) % $ !% * $ %$ + ( 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 47 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 48 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 49 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 50 of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d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 51 of 140 15 ( = 8 $ ) ) $ ) 7% * )) % ) $ ) ( %* ** ! $ % ) %* ) ) %! % %! 0 1 $% ( '( - * ) = 4 ) !* ) 0 " * * 0 $ " 1) ( C( : $ = $ 7% ! 0 ! 4 ** ! * 0 ! * "( $ ! * 0 ) ** $ ! ) E + * ) ) ) ! * "( $ ) E + * ** ! $ 0 * ( & $ # %* ! ** " = : = * 1 4 $ # ) # % D 8$ $ 0 * ) '' + % F & & 2G '. & $ ,#-+ ** ! ,#-+ % !* $> * ) ( .( : 64 3 $ = * ) $ ! 4 * ! 0 ( : ) ** 0 $ ! %) ) 0 ( G( ( : ,#-+ # ** 0 " * ) ** !* % " % ) " $ 4 ( 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 52 of 140 16 2( + 0 ! * = 9 # % $ ) 5% $ ) % ! 0 * ** * % $ !* ** " $ 0 * ) 0 %$ ) 0 ** %** $ $ ( 9: &9 :8++ &<8 8; 4 0 $ % ! 1 $% ! 0 ( , # % - ! + # 3 ** 4 $ > - " $ 6,#-+ B 6 # 2C : ") & :& '' + % F & 9 7 % & 2G . & 22 '. 4 = '6 C26 4 = '6 6C' 44 ;M 8 + ; ; B = - " $ N( & # 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 53 of 140 17 ! " # $%&&% '( ) 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 54 of 140 18 ! " # * 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 55 of 140 ! "# # $ % &' () # ! # * +!#$! + # ,- ,. # #/ 0 / 1 # % 0 + # 1 # % 2 0 * $ 3 ++# 1 4 "#! # - 56 62 1 $0!$$ # 7 // +# 1 / 3! 3 # $ !/ % + # 7 7 / "# # 3 0 / $ 3 3 # " 3 3 0 * $ 3 $!## ! 0 %%! $ &0 // 0 1 / # 3 ## # $ '8# 9 0 ()2 0 %+/ 8# 9 0 7 // 0/! 7 / "# # $ 0 $ #!0 $ 33 % 7 7 # $ 0 $ #!0 $ 33 % ! $ # 3 2 8# 9 0 $ 0 0:! # / +# + # $ !+ 7 0 / "# # $ # 0 $ #!0 $$ 0 # $; 3;7 $ % $ # 0 1 $ $ % " # :! # 2 8# 9 0 /$ # :! # $ % 1 #$ $ 0 $ #!0 3 " / "# # $ /$ + # % / "# # $2 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 56 of 140 5 < = > " 1 # 0 /$ # 3 ! " #! 0 ## 0 // # $+ 0 $ ? # / #@ # # " ! # * # #/ 0 / # % 7 # / 0 $ #!0 3 7 / "# # $ 3 8 < A $ 3 _____________________, 56 A / / #@ 88 = < A ? $ 3 _____________________, 56 < $ 7 ? # ++# 1 $ 3 #%> 7 # 0 B ## # C6 >.D -D >$0# 7d. ‐ Community and Economic Development Department recommends approval of an interlocal agreement with the King County Library System Page 57 of 140 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Sister City Affiliation Policy and Resolution Meeting: Regular Council - 25 Apr 2011 Exhibits: Resolution Submitting Data: Dept/Div/Board: Community Services Staff Contact: Sonja Mejlaender, x6514 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ $0.00 Transfer Amendment: $$0.00 Amount Budgeted: $ $0.00 Revenue Generated: $$0.00 Total Project Budget: $ $0.00 City Share Total Project: $ $0.00 SUMMARY OF ACTION: Renton's Sister City Program first began in 1969 with Nishiwaki when a Sister City alliance with Nishiwaki, Japan, was forged by the Renton Lions Club with support of other civic organizations to promote mutual understanding and good will between the United States and Japan. In 1993, the Renton City Council passed Resolution #2949 establishing an official City of Renton Sister City Program and the Renton-Nishiwaki Sister City Committee. Delegations from Nishiwaki have visited Renton in 1994, 2001, 2004, and 2009 (additional visits occurred between 1969 and 1994). Delegations from Renton have visited Nishiwaki in 1996, 1999, 2002, and 2008. Mayor Law recently returned from a trip to Japan in April 2011, including a short stay in Nishiwaki. In August 2001, the City of Renton established a new Sister City relationship with Cuautla, Jalisco, Mexico. Delegations from Cuautla have visited Renton in 2001, 2003, and 2007. Delegations from Renton have visited Cuautla in 2002 and 2005. Plans are underway for a visit to Cuautla in August 2011. Since January 2010, both Renton-Nishiwaki and Renton-Cuautla Sister City Committees have participated in a combined strategic planning process to review and update as needed Resolution #2949 (original Sister City Affiliation Policy from 1993), establish new procedures or guidelines as needed, and draft by-laws. Collectively, they identified strengths and challenges to the program, and set goals for improving community outreach, public relations and marketing, diversify programming, and involving more Renton residents. Upon the conclusion of this multi-month effort, a meeting was organized including the Chairperson of each Sister City Committee and representatives from the City Attorney’s Office, Finance, Risk Management and Community Services Department. All parties agreed that the two Sister City Committees would collectively form and establish an independent 501c3 Renton Sister Cities Association (RSCA). This was the original intent of the 1993 resolution. Attached is an updated and revised Sister City Affiliation Policy for the City of Renton. It is very similar to the resolution of 1993; the main deletion was the reference to a Mayor-appointed advisory committee and strengthening the wording and references for the alliance and balance of program support from a Sister City Association. STAFF RECOMMENDATION: Adopt the Sister City Affiliation Policy and Resolution. 7e. ‐ Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Page 58 of 140 7e. ‐ Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Page 59 of 140 7e. ‐ Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Page 60 of 140 7e. ‐ Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Page 61 of 140 7e. ‐ Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Page 62 of 140 7e. ‐ Community Services Department recommends adoption of a resolution establishing a Sister Cities Affiliation policy. Council concur. Page 63 of 140 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Lease with Birthday Dreams for Suite 200 of the Liberty Park Building Meeting: Regular Council - 25 Apr 2011 Exhibits: Issue Paper Lease Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $$7200/year Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The Liberty Park Community Building has available space to lease and Birthday Dreams, a non-profit corporation, wishes to lease Suite 200 of the building at market rate, namely $600 per month. The term of the full-service lease is two years, with two one-year options containing Consumer Price Index adjustments for rents at that time. Their use of the space is compatible with the other building tenant, the Renton Community Foundation. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the lease with Birthday Dreams for Suite 200 of the Liberty Park Community Center. 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 64 of 140 h:\facilities\facilities director\peter renner\my documents\leasehold\birthday dreams\issuepaperbirthdaylease.docx COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:April 25, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605 SUBJECT:Lease with Birthday Dreams for Suite 200 at the Liberty Park Community Building Issue: Should the Council authorize the Mayor and City Clerk to sign a lease with Birthday Dreams, a non-profit corporation, for Suite 200 at the Liberty Park Community Building (LCPB)? Recommendation: Council concur to authorize the Mayor and City Clerk to sign the Lease with Birthday Dreams. Background: ·The City upgraded the LCPB in 2008 and it was used as temporary office space for the Community Services Department while annexation-related modifications at Renton City Hall were completed. The building is now partially vacant. ·The City learned that Birthday Dreams was interested in leasing space in the LCPB. o Birthday Dreams’ primary mission is to provide free birthday party kits to foster children in the area. o Their use of the space would be for collection and storage of party supplies and gifts, some office use, and assembly of birthday kits. o The lease term is two years, with two one-year options with Consumer Price Index adjustments. o Although a relatively new enterprise, Birthday Dreams’ financial statement indicates they have the capacity to pay the rents. ·Current market rates were previously provided by Kidder Matthews as a basis for the lease rate for the Renton Community Foundation (RCF), which leases Suite 100 in the LCPB. Suite 100 and Suite 200 are close to identical in size. ·The Lease is a Full-Service Lease that includes utilities and minimal levels of custodial support. ·Provisions for shared use of the largest open space in the building are included in the Lease; this allows RCF and Birthday Dreams to hold occasional meetings there and 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 65 of 140 Terri Briere, Council President Members of the Renton City Council Page 2 of 2 April 25, 2011 also allows the City to add this area to its inventory of space available to rent to outside groups for meetings. ·There is additional space on the second floor that is not considered rentable as it is not ADA accessible. Conclusion: Leasing space in the LPCB to Birthday Dreams provides additional revenue to the City. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator Larry Warren, City Attorney 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 66 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 67 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 68 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 69 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 70 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 71 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 72 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 73 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 74 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 75 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 76 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 77 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 78 of 140 7f. ‐ Community Services Department recommends approval of a two‐ year lease agreement in the amount of $600 per month with Birthday Page 79 of 140 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: City Center Parking Garage Fee Waivers for Piazza Renton, Farmers Market, and Return to Renton Benefit Car Show Meeting: Regular Council - 25 Apr 2011 Exhibits: Issue Paper Fee Waivers Submitting Data: Dept/Div/Board: Community Services Staff Contact: Peter Renner, X6605 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $-$6200.00 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: A request to waive parking fees of $6200.00 for volunteers at the City Center Parking Garage for the 2011-12 Piazza Renton events, the 2011 Farmers Market and the 2011 Return to Renton Benefit Car Show. STAFF RECOMMENDATION: Approve the fee waivers. 7g. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 Page 80 of 140 h:\facilities\facilities director\peter renner\issuepaperparkingfeewaivers2011-12.doc COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:April 11, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Terry Higashiyama, Community Services Administrator STAFF CONTACT:Peter Renner, Facilities Director, Ext. 6605 SUBJECT:City Center Parking Garage Fee Waivers for Volunteer Workers at the Piazza Renton Events, the Farmers Market, and the Return to Renton Benefit Car Show Issue: Should the Council authorize the Fee Waivers for volunteers’ parking fees at the City Center Parking Garage for the 2011-12 Piazza Renton events, the 2011 Farmers Market, and the 2011 Return to Renton Benefit Car Show? Recommendation: Authorize the Fee Waiver Requests for volunteers’ parking fees at the City Center Parking Garage for the 2011-12 Piazza Renton events, the 2011 Farmers Market, and the 2011 Return to Renton Benefit Car Show. Background: ·The Piazza Renton volunteers, the Farmers Market Volunteers and the Return to Renton Benefit Car Show volunteers provide thousands of hours of donated time to plan, market, and labor at these events. ·The events are very popular with Renton residents and many visitors to our City. Each of them in their own way provide direct benefit to the attendees and the City is grateful for the volunteers’ service. ·While parking is free for the first two hours at the City Center Parking Garage, the volunteers work many long hours. ·In appreciation for their service, the City has typically waived the need for additional parking fees for the volunteers on event days. ·The calculated loss of revenue is $6,200, an amount that is greatly exceeded by the financial benefits of these events to the City, in addition to their community-building character. Conclusion: Waiving parking fees for volunteers is a suitable gesture of appreciation for the many 7g. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 Page 81 of 140 Terri Briere, Council President Members of the Renton City Council Page 2 of 2 April 11, 2011 hours of volunteer labor for events that help to make Renton a better place to live, work, and play. cc:Jay Covington, Chief Administrative Officer Iwen Wang, Finance & IS Administrator 7g. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 Page 82 of 140 7g. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 Page 83 of 140 7g. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 Page 84 of 140 7g. ‐ Community Services Department requests authorization to waive City Center Parking Garage fees in the total amount of $6,200 Page 85 of 140 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF AN ORDINANCE AMENDING THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT IN THE CITY OF RENTON. /. OBJECTIVES WHEREAS, the City of Renton (hereinafter "the City") and its representatives are committed to protecting the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests, through the promulgation and enforcement of laws regulating a sexually-oriented business (hereinafter "SOB"), obscenity, public indecency, and criminal and sexual offenses while not impermissibly encroaching on freedom of speech under the federal and state constitutions; and WHEREAS, the City reasonably believes that the regulation of SOBs is necessary because in the absence of regulations, significant criminal activity has historically and regularly occurred locally, statewide, nationally and internationally. A small part of this history is identified in the court decisions, articles, reports and studies noted throughout this resolution and as listed in the appendices. This history of criminal activity in, around and/or near SOBs has included, but is not limited to, rapes, assaults, sexual assaults, prostitution, serving alcohol to minors, physical and sexual contact between patrons and between entertainers and patrons, public indecency, narcotics and liquor law violations, harassment and stalking, breaches of the peace, disorderly conduct, organized crime, and the presence within the SOB industry of individuals with hidden ownership interests and outstanding arrest warrants; and 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 86 of 140 RESOLUTION NO. WHEREAS, the City reasonably believes that the activities described above occur, in the absence of regulation or with insufficient regulation, regardless of whether the SOBs sell alcoholic beverages; and WHEREAS, due to the information noted and/or referred to in the materials in the appendices regarding the connection of prostitution with adult entertainment businesses, criminal conduct and sexual conduct involving entertainers and patrons, there is a public health concern over sexually-transmitted diseases, entertainer safety, criminal enterprises and other undesirable negative secondary effects of SOBs. These concerns require regulation of SOBs in order to protect the health, safety and well-being of the City, its neighborhoods, the public and the entertainers; and //. AUTHORITY WHEREAS, the United States Supreme Court in City of Renton v. Playtime Theatres, Inc., has recognized that a municipality's "interest in preserving the quality of urban life is one that must be accorded high respect"; and WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., also explained that the First Amendment did not require the City or any other municipality to conduct new studies or produce evidence independent of that already generated in other cities as long as the city reasonably believes that the studies and/or evidence that it relies on is relevant to the problem being addressed; and WHEREAS, consistent with City of Renton v. Playtime Theatres, Inc., the Barnes v. Glen Theatre, Inc., decision and other court decisions, the City has reviewed and relies on a variety 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 87 of 140 RESOLUTION NO. of Washington state and the federal court decisions, various Washington state, national and international SOB studies, and the studies that those studies relied on, concerning SOBs; and WHEREAS, the City has both utilized and submitted a number of studies and reports to the Secondary Effects resource website (secondaryeffectsresearch.com). Some of the materials that the City has reviewed were graciously shared by the City of Bothell and other materials were simply found on the Internet or requested from specific jurisdictions; and WHEREAS, some of the studies and court decisions, including but not limited to United States v. O'Brien, City of Renton v. Playtime Theatres, Inc., and O'Day v. King County, establish that municipalities may promulgate and enforce special regulatory treatment that relate to "time, place and manner" regulations as long as the municipality can demonstrate that it has a substantial governmental interest in regulating SOBs and the regulations permit reasonable alternative means of communication; and WHEREAS, the City, in an effort to comply with or meet the "content neutral" time, place and manner test of United States v. O'Brien, attempts to 1) regulate in a manner consistent with the power of the government; 2) further an important or significant governmental interest; and 3) ensure that interest is unrelated to suppressing speech; and 4) ensure that any incidental restrictions on speech are no greater than required to further that interest. Therefore, as noted below, there are sufficient important and substantial government interests to provide a constitutional basis for reasonable time, place, and manner regulations under which SOBs can operate; and WHEREAS, the City, attempts to comply with or meet the ordinance validity test of City of Renton v. Playtime Theatres, Inc., 1) by not banning SOBs altogether, but rather limiting 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 88 of 140 RESOLUTION NO. their distance from other SOBs and sensitive places; 2) by not focusing on the alleged message of the SOB performances or conduct, but rather focusing on and addressing the negative secondary effects of SOBs; and 3) by designing the ordinance to serve a plethora of substantial governmental interests, including but not limited to reducing crime, protecting the patrons, the entertainers, families, and minors, and maintaining property values; and WHEREAS, the City seeks to overcome the "shoddy data or reasoning" test of City of Los Angeles v. Alameda Books, by acknowledging preliminarily the bases for the City's ordinance and by relying on the court decisions, the referenced studies in those court decisions and the court decisions, specific studies, reports and articles noted in the Appendices; and WHEREAS, the New York State Court of Appeals, the highest court in New York State, in For the People's Theater v. City of New York found that "Alameda Books confirms that the reasonable discretion accorded most local legislative actions extends to adult use zoning. A local government implementing zoning that affects adult businesses must have a legislative record that establishes a substantial governmental interest in the subject matter of the regulation to justify restrictions on protected speech; however, the local government retains discretion to make its findings from studies or other supportive information before it, and to draw reasonable conclusions about which regulatory techniques will be most beneficial in addressing the findings." WHEREAS, the City in this resolution considers the experiences, studies and conclusions of various Washington state municipalities of the specific adverse impacts of SOBs including nude and seminude dancing, as permitted by the United States and the Washington State 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 89 of 140 RESOLUTION NO. Supreme Courts, as well as the experiences, studies and conclusions of various cities and/or towns throughout the United States; and WHEREAS, the decisions in Paris Adult Theatre I v. Slaton, Barnes v. Glen Theatre, Inc., and Seattle v. Marshall, as well as other court decisions, state that governmental bodies have a right to enact laws to maintain a decent society; and WHEREAS, as stated in Center for Fair Public Policy v. Maricopa County, and other court decisions, it is axiomatic that a community's interest in curbing negative secondary effects associated with SOBs is substantial; and that anecdotal evidence and reported experience can be as telling as statistical data and can serve as a legitimate basis for finding negative secondary effects; and WHEREAS, the Washington State Supreme Court stated in Seattle v. Buchanan that courts lack the constitutional authority to decide the wisdom and necessity of an ordinance; the Court cited the United States Supreme Court in Goesaert v. Cleary, to note that "[tjhe Constitution does not require legislatures to reflect sociological insight, or shifting social standards, any more than it requires them to keep abreast of the latest scientific standards"; and other cases support Seattle v. Buchanan including but not limited to City of Los Angeles v. Alameda Books, G.M. Enterprises, Inc. v. Town of St. Joseph, Wl, and Imaginary Images, Inc. v. Evans; and WHEREAS, this resolution in intended to be reliable evidence for the City Council identifying the adverse or negative secondary impacts of SOBs providing adult entertainment undertaken by the City prior to its adoption of an ordinance regulating the location of SOBs; 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 90 of 140 RESOLUTION NO. such evidence resulted in findings of fact adopted by the City Council and approved by the United States Supreme Court in City of Renton v. Playtime Theatres; and WHEREAS, the City seeks to regulate only the negative secondary effects of SOBs, and does not intend to regulate the content of the entertainment, unless that content is obscene consistent with court decisions including but not limited to 44 Liquormart v. Rhode Island; and WHEREAS, for purposes of any future ordinances regulating SOBs, they are hereby defined as: 1. Adult media, arcades, theaters and video stores; 2. So-called gentleman's club/strip clubs, adult cabarets; 3. Video peep booth business, or adult entertainment establishments; and/or 4. Any other business or sexual encounter establishment that features persons appearing in a state of nudity or live performances or photographic reproductions depicting or describing "specified sexual activities or specified anatomical areas;" and ///. CRIMINAL CONDUCT AND/OR CONTACT WHEREAS, the City reasonably believes, based on its experiences with criminal sexual activity in or around SOBs, including some alleged "spas" and "massage parlors", the court decisions, studies, and articles listed in the appendices, and by browsing internet blogs, that improper and illegal contact occurs in SOBs purporting to be engaged in a lawful business enterprise; and WHEREAS, the City, like King County in O'Day v. King County, Indiana in Barnes v. Glen Theatre, Pennsylvania in City of Erie v. Pap's A.M., SOB, Inc. v. County of Benton, World Wide 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 91 of 140 RESOLUTION NO. Video of Washington, Inc. v. City of Spokane, and legions of cities and counties throughout the United States, has a legitimate interest in preventing contact between nude entertainers and patrons thereby preventing otherwise-possible illegal public sexual contact and from the other types of criminal activity historically linked to the SOBs, thereby regulating conduct not expression; and WHEREAS, in Barnes v. Glen Theatre, a plurality found that an Indiana statute that prevented nudity was justified under Indiana law and the United States Constitution by the state's traditional interest in regulating conduct to promote order and morality; and WHEREAS, in City of Erie v. Pap's A.M., the Court found that the ordinance regulated negative secondary effects, that any impact on erotic "speech" was de minimis, and the court refused to second-guess the motive for the legislation; and WHEREAS, in SOB, Inc. v. County of Benton, the Eighth Circuit surmised that live nude dancing restrictions may address negative secondary effects, such as drug use, prostitution, tax evasion, and fraud. A. Criminal conduct to be eliminated or mitigated. WHEREAS, by browsing recent Internet blogs the City has learned that public and openly discussed sexual and criminal occurrences in the Seattle metropolitan area SOBs occur: One SOB patron stated "[a] month ago, this place had possibility: the owner has apparently proven he doesn't grasp the basics of a strip club ecology. So unless I start hearing that all my old Rick's (referring to a now-closed strip club) favorites still under the age of 35 are sucking and fucking in the VIP with wild abandon at cut-rate prices, I'll not be going back"; 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 92 of 140 RESOLUTION NO. Another SOB patron stated "[ajnd apparently when I told my story of how I first got started at Rick's with Candy Cotton bursting my strip club VIP cherry way back when, she shocked me by saying CC was still working in the area"; Another SOB patron boasted that "within 2 minutes of walking in I was having sex with a stunner named Candy in the VIP lounge. $115 was the damage. It doesn't get that easy even in Thailand"; Finally, another SOB patron explained that his tour of a SOB revealed that there was "$20 'VIP' couches with they're [sic] own little stages so the girls can either get naked for you personally or come grind on you on the couch" and "it was hinted that things would get more raunchy with better tips"; and WHEREAS, in O'Day v. King County, entertainers were charged with crimes for exposing their breasts below the areola, exposing public hair, rubbing breasts or buttocks or touching the genital area of customers and simulating acts of sex; the state supreme court noted that while nude dancer communication and expression are constitutionally protected, public nudity is not; obscenity is measured against community standards; the stage distance requirement served the lawful purpose of preventing potentially sexual contact between entertainers and patrons; and that "license requirements and sanctions have not been shown to infringe on any fundamental interest for the purpose of equal protection analysis"; and WHEREAS, in World Wide Video of Washington, Inc. v. City of Spokane, Spokane had relied on citizen testimony linking off-site businesses with pornographic litter and public 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 93 of 140 RESOLUTION NO. lewdness, and this evidence, standing alone, was sufficient to meet the "very little" evidence standard of Alameda Books; and WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver noted that in addition to traffic, noise, and littering, residents complained that they saw people urinating, masturbating, and soliciting for prostitution in areas adjacent to SOBs; the most frequent crimes reported included disturbing the peace, public indecency, prostitution, drug-related violations, loitering, robbery, larceny, theft from motor vehicles, and public drinking or urinating; and WHEREAS, a vivid and graphic example of the type of activity sought to be prohibited was noted in California v. LaRue. In LaRue, the record contained evidence that "in licensed establishments where 'topless' and 'bottomless' dancers, nude entertainers, and films displaying sexual acts were shown, numerous incidents of legitimate concern to the Department had occurred. Customers were found engaging in oral copulation with women entertainers; customers engaged in public masturbation; and customers placed rolled currency either directly into the vagina of a female entertainer, or on the bar in order that she might pick it up herself. Numerous other forms of contact between the mouths of male customers and the vaginal areas of female performers were reported to have occurred. Prostitution occurred in and around such licensed premises, and involved some of the female dancers. Indecent exposure to young girls, attempted rape, rape itself, and assaults on police officers took place on or immediately adjacent to such premises"; and WHEREAS, as illustrated in the 2002 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, some dancers were wrapping their breasts around 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 94 of 140 RESOLUTION NO. the faces of tipping patrons and picking up tips from tippers' laps with their lips, and to prevent or eliminate the need for patrons to make physical contact with the entertainers as illustrated in various studies including the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses study, any tips that the patron would like to leave for an entertainer must be placed in a container and not on or in the entertainer or his/her clothing, strings, orifice, hand or anything connected to the entertainer; and WHEREAS, in Daytona Grand, Inc. v. City of Daytona Beach, Florida the record contains statements that during an inspection, entertainers performed lap dances that simulated intercourse placing their buttocks in the lap of the patrons and began to manipulate their hips back and forth and up and down, while rubbing their bare breasts in the faces of the patrons and allowing the patrons to lick and suck their breasts; it was also established through studies by University of Washington Department of Psychology Professor Dr. William H. George that alcohol consumption and exposure to erotica resulted in, among other things, greater sexual arousal in the male patrons; and WHEREAS, as illustrated in Profitable Exploits: Lap Dancing in the U.K., these allegations of sexual services being offered at some SOBs, extends well beyond our nation's borders. Additionally, none of the SOBs visited during the study adhered to the terms and conditions of their business license. There was evidence that not only were patrons and entertainers making physical contact, there was evidence that sexual services were being offered and/or requested in the SOBs; and WHEREAS, it was noted in Profitable Exploits: Lap Dancing in the U.K., that dancers had allowed customers to touch them, sometimes intimately, in contravention of the club's 10 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 95 of 140 RESOLUTION NO. entertainment license; undercover officers had been offered sex in a private room by two dancers for £500; and that plainclothes police officers observed women dancing in a sexually suggestive manner, and offering the officers sex at a venue outside the club on the condition that they purchased two bottles of champagne at £80 per bottle; and WHEREAS, a Seattle P-l article entitled "Prostitution Charges Filed", October 15, 2008, reported that three women and a man where charged with running massage businesses as brothels in Renton and Kirkland; that the eight-month investigation was initiated after an ad on Craigslist and online reviews critiqued the prostitutes; additionally, the business manager was a 35-year old registered sex offender who had previously been convicted of raping a child; and WHEREAS, another Seattle P-l article entitled "Salons Were Brothels, Feds say: Two- year investigation brings five arrests at homes, businesses, boat", November 18, 2008, reported that two men were charged with conspiring to transport women for prostitution and to launder proceeds from brothels including one in Renton; women offered undercover officers sex for cash; the managers advertised with catch lines such as "sexy Asians", "hot Asian girls", and "adult entertainment"; and at the time of the arrests one neighbor, like many noted in this resolution stated that prostitution is rampant in the neighborhood, she has been propositioned while walking her dog, and that she was tired of seeing condoms while she walked in her neighborhood; and B. Impact of this type of criminal conduct. WHEREAS, the study An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas explained that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of 11 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 96 of 140 RESOLUTION NO. SOBs in one locale, the greater their impact on the neighborhood. The study identified that the two primary ways in which SOBs affect the neighborhood are 1) by their presence in the neighborhood, including signage and advertising, and 2) by the hours of operation and the type of people who they attract. Specifically, the "presence" of SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the City also relies on a number of the listed studies including, but not limited to, the 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and Seattle's 1989 Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets, to reasonably believe that crime rises whenever an adult business opens or expands its operation and the change is statistically significant. Those increases are found in the serious crimes such as assault, robbery, burglary and theft and in so-called "victimless" drug, alcohol and sex-related offenses. Additionally, to quote the final report, "when an adult business opens within 1,000 feet of a tavern (or vice versa) the impact of the adult business on crime is aggravated substantially and significantly." As a result, some of the conclusions of the report are that no SOB should operate within 1,000 feet of a residence, and no tavern should be allowed to operate within 1,000 feet of a SOB and vice versa, which is consistent with cases including Daytona Grand, Inc. v. City of Daytona Beach, Florida, and G.M. Enterprises, Inc. v. Town of St. Joseph, Wl; and WHEREAS, the 1989 Minnesota Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, noted that there was a close association 12 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 97 of 140 RESOLUTION NO. between SOBs and high crime rates; neighbors noted that SOBs resulted in used condoms on their lawns and sidewalks, sex acts with prostitutes occurred in plain view of children and families, school-age girls and boys and young women were propositioned for sex, and one person even reported that he recovered 50 pieces of pornographic material from a church lot near an SOB. This report also explained how "organized crime" controlled and/or derived substantial profits from almost all of the pornography in the United States, from the top of the business down to the "independent smut peddler". In fact, referring to a 1980 Pennsylvania report, the Minnesota report noted that most pornography stores were "affiliated or owned by one of three men who had ties with 'nationally known pornography figures who are members or associates of organized crime families'"; and WHEREAS, the 1986 Report on Adult Oriented Businesses in Austin, noted, among other things, that sex-related crime rates were found to be 66% higher in areas with two SOBs rather than only one SOB. As a result, the City finds it necessary to keep the SOBs as far from other SOBs as is constitutionally permissible; and WHEREAS, the Report on Adult Oriented Businesses in Austin relied on several studies from other states such as: 1. The 1977 Study of Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, revealed among other things that prostitution in the study area, Hollywood, was 15 times greater than the city average; 2. The 1978 Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, also for Los Angeles, found higher sex-related crimes, thefts, assaults, public intoxication and disturbing the peace near SOBs than non-SOB areas; 13 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 98 of 140 RESOLUTION NO. 3. The Phoenix, Arizona, 1979 Adult Business Study, discovered among other things that SOB study areas had 43% more crime and over 500% more sex-related crimes; 4. The Minneapolis, Minnesota's 1978 Effects on Surrounding Area of Adult Entertainment Businesses, uncovered that there was a statistically significant correlation between diminished housing values, crime rates and neighborhood deterioration and the location of SOBs; 5. It also referred to the Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984); and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas, illustrated that sex-related complaints such as public lewdness, sexual contact, obscenity, prostitution and solicitation occurred 14 times more in and around SOBs than in or around a bar; drug-related complaints such as permitting sale, sale or possession of drugs were three times more frequent in SOBs than in or around a bar; and administrative violations of sex offenses and drug offenses were eight and 19 times more frequent, respectively, in SOBs than bars; and criminal drug- and sex-related offenses occurred far more frequently in SOBs than in bars and could include both employees and customers, while criminal violations involving minors were more likely to occur in bars. To highlight the point, there were 54 criminal lewd conduct offenses in SOBs and none in a bar according to this study; and WHEREAS, Talking Points: HB 2144 - Kansas Community Defense Act provides testimony from Carolyn McKenzie, a counselor to SOB entertainers, that 18% of the women were underage when they started stripping at clubs, 90% of them were single mothers 14 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 99 of 140 RESOLUTION NO. supporting children, 75% of them had at least one sexually transmitted disease, 41% of them had a criminal history and 95% of them were using alcohol or [illegal] drugs; and WHEREAS, Talking Points: HB 2144 - Kansas Community Defense Act also presents testimony from David Sherman, a former SOB manager for Deja vu strip bars, some of which are in Washington State, that 80% of the people involved in SOBs were involved in tax evasion and/or fraud; 90% of the SOB entertainers were using or dealing drugs; 35% of the girls were involved in prostitution; underage entertainers were frequently employed at SOBs; entertainers conspired with patrons to commit crimes such as dealing drugs, prostitution, credit card fraud and even computer theft; SOBs were used to launder counterfeit money for such things as drug dealing; and approximately 80% of all SOB owners are convicted felons; and C. Local jurisdictions similar to Renton suffer significant negative secondary effects. WHEREAS, according to the US Census, the City of Federal Way and the City, between 2006 and 2008, had roughly the same value for housing; percentage-wise, nearly identical demographics in terms of minority and non-minority population; and nearly identical demographics based on gender. According to the Washington State Office of Financial Management, in 2010, the City of Federal Way has a similar population in size to Renton at slightly less than 90,000 residents. As a result, the City views the City of Federal Way as a city with potentially similar concerns and therefore also relies on some of the data considered by the City of Federal Way; and WHEREAS, the City notes that the City of Federal Way in its 1995 Adult Entertainment Legislative Record memorandum remarked "that there has never been an instance when an undercover officer has entered an adult entertainment establishment in the City [of Federal 15 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 100 of 140 RESOLUTION NO. Way] when a criminal act was not occurring." Additionally, Federal Way conceded that it "has insufficient police resources to continue ongoing undercover investigations at these establishments." The City of Federal Way also observed at a SOB in that city there were approximately 24 criminal complaints in five months; and WHEREAS, the City of Federal Way in its study considered that: 1. In 1987 the City of Bellevue, which is immediately north of Renton, had "a high incident of criminal activity related to primarily prostitution and violations of [its] adult entertainment ordinance"; 2. In the summer of 1994 the City of Tukwila, which is immediately east of Renton, conducted SOB investigations that resulted in over 500 criminal convictions related primarily to sex crimes including 70 specifically for prostitution; 3. In the summer of 1981 the City of Kent, which is immediately south of Renton, used 57 hours of on-premises SOB investigations to initiate 162 criminal charges against 21 persons which amounted to there being a criminal charge every 20 minutes. The offenses were primarily prostitution and drug related offenses; 4. The City of Bothell found that a SOB can be a regional attraction based on its findings that of the 321 vehicles parked at the SOB, only eight were registered in the City of Bothell. In fact, some of the vehicle registrations were from other states; and 5. The cities of Detroit, Ml, and Cleveland, OH, noted that the proliferation of SOBs added to the appearance of blight and appeared to reflect that crimes such as robbery and rape doubled; and 16 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 101 of 140 RESOLUTION NO. WHEREAS, the City of Federal Way concluded its consideration of negative secondary uses or impacts by noting other studies conducted revealed that SOBs resulted in "a reduction in property values of surrounding properties. These studies also conclude that adult uses are incompatible with residential, educational and religious uses. Finally, the City of Federal Way has experienced the negative secondary effect of the drain on municipal resources by having to allocate disproportionate police resources to" SOBs. D. Conclusions about the negative secondary effect of criminal contact or conduct. WHEREAS, the City has a significant interest in curtailing public sexual offenses consistent with the findings in the Fantasyland v. County of San Diego decision; and WHEREAS, SOBs that allow entertainers to mingle with customers foster an environment that pressures entertainers into acts of prostitution and other sexual contact with customers as illustrated by the 2003 Kentucky study Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses. Regulations that require entertainers to maintain a certain distance from customers are difficult to enforce and are frequently violated. Restricting entertainers to a performance area affords the entertainers their constitutional right to express themselves, while discouraging prostitution and other sexual contact with customers; and WHEREAS, the City, in an effort to only restrict conduct and unprotected obscene expression, will prohibit physical contact, require a minimum distance between entertainers and patrons, and prohibit the exposure of certain body parts to public view except as provided for by a stage requirement and by an exception for non-obscene dances and exhibitions; and 17 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 102 of 140 RESOLUTION NO. WHEREAS, as in Buzzetti v. City of New York, any performance, dance or show that emphasizes or regularly features the following will be prohibited in any Renton SOB-related ordinance: "Specified sexual activities" are: (i) human genitals in a state of sexual stimulation or arousal; (ii) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast. "Specified anatomical areas" are: (i) less than completely and opaquely concealed: (a) human genitals, pubic region, (b) human buttock, anus, or (c) female breast below a point immediately above the top of the areola; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely concealed; and WHEREAS, it was noted in Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, "some massage parlors serve as fronts for sexual activity of various types. There is no Constitutional right to a massage." "There is thus no Constitutional protection afforded such businesses beyond general Constitutional rights such as the right to due process. There are, however, legitimate massage therapists who have professional training, abide by professional codes of ethics and offer non-sexual services that are beneficial to many people"; and WHEREAS, as a result of the City's reoccurring and long-standing problem with prostitution occurring in alleged massage, massage alternative and related spas or parlors, undercover operations that involved "massages therapists" disrobing, climbing 18 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 103 of 140 RESOLUTION NO. on top of undercover officers, touching the officers' genitalia, and/or offering a variety of sexual encounters; and that these operations have resulted in a number of successful criminal prosecutions; and the fact that some of these "spas" or "parlors" advertise based on the appearance of the "girls", that some of the massage therapists have long fingernails that seem to suggest that they would have a difficult time massaging anyone; and consistent with the findings in Minnesota's Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, and Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, in addition to each masseuse, massage therapist, or alternative treatment therapist having to be licensed with the City and the State of Washington, these people shall be prohibited from administering massages or "treatments" to persons of the opposite sex; and WHEREAS, Renton will ban massage establishments except those operated by licensed massage therapists or as parts of clinics operated and supervised by licensed medical professionals; and WHEREAS, even if these conclusions from those intimately involved in or close to SOBs are exaggerated, talking half of the numbers or percentages would still leave significant problems that cannot be ignored. Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial governmental interest in preventing and/or abating. This substantial governmental interest in preventing the negative secondary effects, which is the City's rationale, exists independent of any comparative analysis between SOBs and non- SOBs. That said, the 2009 study An Assessment of the Adult Entertainment Industry in Texas 19 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 104 of 140 RESOLUTION NO. did compare and demonstrate an increase in sex-related offenses at SOBs as compared to non- SOBs. Additionally, the City's interest in regulating SOBs extends to preventing future negative secondary effects of either current or future SOBs that may seek to operate in the City of Renton; and WHEREAS, in an effort to follow and comply with O'Day v. King County, the City will enforce a distance requirement thereby regulating conduct and not speech; and WHEREAS, as recommended in the 1989 Minnesota Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, in addition to traditional prosecution, RICO prosecution at the state (RCW 9A.82, Criminal Profiteering Act) or federal level, forfeiture of property, revocation of a business license and related penalties may be warranted; and IV. PROPERTY VALUES AND SOB IMPACT ON NEIGHBORHOODS AND BUSINESSES WHEREAS, the City reasonably believes that SOBs have a significant and well- documented history of actual negative secondary effects on neighborhoods and surrounding properties; and WHEREAS, numerous studies, including but not limited to An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas, note that SOBs have an actual negative secondary impact on the surrounding properties in part by their presence in the neighborhood, including signage and advertising and specifically, because SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, 20 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 105 of 140 RESOLUTION NO. loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the 2008 Pennsylvania State Resolution No. 245, noted that the landmark New York City Adult Entertainment Study concluded that the presence of SOBs tend to produce negative secondary effects such as increased crime, decreased property values and reduced shopping and commercial activities. Specifically, the Pennsylvania resolution referred to the following studies: 1. The 1984 Adult Entertainment Businesses in Indianapolis: An Analysis, which found that the average annual rate for major crimes in areas with adult uses was 23% higher than the corresponding rate for control areas, and the rate for sex-related crimes was 77% higher in the study area than the control area; 2. The 1986 Report on Adult Oriented Businesses in Austin (which was not referred to by name in the Pennsylvania resolution), which found that areas with SOBs had sex-related crimes two to five times the citywide average and 66% higher in study areas than control areas; 3. The resolution refers to the studies of Cleveland, Los Angeles and elsewhere that note that crime rates rise between 15% to 77% in areas with SOBs from areas without SOBs; and 4. A report by the American Planning Association which found that real estate professionals believe that SOBs have a significant negative impact on both residential and commercial properties; and WHEREAS, real estate appraisers have testified that the presence of SOBs in an area depresses property and rental values. The Adult Entertainment Businesses in Indianapolis: An 21 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 106 of 140 RESOLUTION NO. Analysis reveals that at the time when the Indianapolis residential housing market saw a decrease of 50% in listings, listings within the study areas increased thereby resulting in twice as many houses being placed on the market at substantially lower prices than would have been expected. Indiana's national survey of certified real estate appraisers revealed that of those asked, 75% of the real estate appraisers felt that even an adult bookstore (generally perceived as less offensive than a strip club), located within one block would have a negative effect on the property values; specifically, 80% of appraisers believed that there would be a negative impact on residential property values within one block of an SOB, and 72% of appraisers felt that commercial property values would be negatively impacted by having a SOB within one block; and WHEREAS, of those same real estate appraisers, 64% for residential properties and 77% for commercial properties, believed that those respective neighborhoods would be negatively impacted by the presence of an adult bookstore located three blocks from the neighborhood; and while recognizing that the statistics do not absolutely prove the negative secondary impacts listed, they concluded that it was reasonable and prudent for a municipality to exercise its zoning power to regulate SOBs and to mitigate those secondary impacts. These findings are consistent with the general findings related to property value in 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; and WHEREAS, the City of Austin's 1986 Report on Adult Oriented Businesses in Austin revealed that real estate and lending firms generally noted that SOBs make homes less attractive to families, thus lowering demand and property values, and others stated that SOBs 22 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 107 of 140 RESOLUTION NO. lead mortgage underwriters to believe that the neighborhood is in decline, this making 90-95% of financing more difficult. Austin's report also noted that Amarillo, Texas found in addition to higher crime rates near SOBs, the late operating hours of most SOBs created special problems to surrounding neighborhoods in the form of noise, glare and traffic. Beaumont, Texas's study revealed that the concentration of SOBs drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug offenses and muggings; and WHEREAS, these findings are corroborated by the 2008 Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, which remarks that the businesses or uses with the greatest negative impact on market value of a single-family home if located within 500 feet are Adult Media & Video Store, retail sales only (97%), the so-called Gentleman's Club/Strip Club (96%), Video Peep Booth Business (96%), followed by a landfill (96%) and a homeless shelter (95%). The study also notes that these same businesses or uses only begin to have no measureable impact at a distance of more than a half-mile (2,640 feet) from a single-family home; and WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, revealed that the most frequently mentioned negative secondary impacts were neighborhood appearance, litter, traffic and decreased property values; and WHEREAS, the 1989 Minnesota Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, suggests that communities should adopt zoning ordinances which set distances between SOBs, SOBs and liquor establishments, restrict use to one building, and set distance requirements between SOBs and sensitive areas or uses, including but not limited to residential areas, schools, child care facilities, churches and parks. 23 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 108 of 140 RESOLUTION NO. Minnesota's studies noted that there was a close association between SOBs, and low housing values in a neighborhood; and WHEREAS, the City of Des Moines, WA, conducted Des Moines Adult Use Study in 1984 and found, in addition to the typical perceived or anticipated concerns about SOBs, that public perception of SOBs in Des Moines resulted in numerous business failures in commercial areas near the Des Moines SOB. This was evidenced by the fact that business turnover around the SOB was approximately four times the average in other comparable areas in downtown Des Moines; and WHEREAS, the Des Moines' study also revealed that SOBs do in fact, and did in fact, deter people from shopping in the vicinity of the SOB causing serious negative economic impact, people perceived that the downtown business area was severely deteriorated to some degree because of the SOB, and the SOB thwarted or was anticipated to thwart revitalization efforts in Des Moines; and WHEREAS, as noted in Seattle's 1989 Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets, and 2006 Adult Cabarets in Seattle, in addition to fear about a variety of crime, citizens also had concerns about declining property values and increasing insurance rates; and WHEREAS, according to Adult Business Study, Town and Village of Ellicottville, Cattaraugus County, New York, even locations, such as Ellicottville, NY, which at the time of their study had no SOBs found that residential properties, historic business districts, churches, child care facilities, parks, playgrounds and civic facilities were "most sensitive to the adverse effects of adult uses"; and 24 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 109 of 140 RESOLUTION NO. WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., concluded that "reasonable alternative avenues" for erotic conduct existed when the City left approximately 520 acres, or more than five percent of the entire city, available to potential adult theater sites, despite that fact that most of the acreage might not be "commercially viable". Additionally, the Court stated that SOB owners like other commercial business owners "must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does not give rise to a First Amendment violation"; and WHEREAS, in furtherance of and in a justified use of the City's police powers, for the purpose of protecting the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests, any ordinance regulating SOBs shall prohibit SOBs from being within 1,000 feet of the listed sensitive areas: 1. A residential zone; 2. A family dwelling; 3. A church, synagogue, temple or other recognized house of worship; 4. A park or playground; 5. A school; 6. A day care center or community center; 7. A youth-oriented business 8. A public library; 9. Another SOB; 10. An alcohol serving tavern, bar, dance hall, restaurant or similar business, or 11. A motel or hotel that offer rooms for an less than a full evening or night; and 25 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 110 of 140 RESOLUTION NO. V. NO ALCOHOL MA Y BE SERVED AT SOBs WHEREAS, consistent with the finding of the New York State Court of Appeals in New York State Liquor Authority v. Bellanca, the City reasonably believes that money, nudity and liquor or alcohol all too often result in undesirable conduct in public and/or unlawful transactions in private; and WHEREAS, it has been established in court decisions, including but not limited to Barnes v. Glen Theatre, Inc.; City of Erie v. Pap's A.M.; California v. LaRue; Daytona Grand, Inc. v. City of Daytona Beach, Florida; New York State Liquor Authority v. Bellanca; For the People's Theater v. City of New York; and Fantasyland v. County of San Diego; that the City may rely on prior court decisions for findings of negative secondary effects and in these cases that courts have found that the SOB ordinances sought to eliminate or mitigate the negative secondary effects such as prostitution, attempted rape, rape, murder, and assaults on police officers in and around establishments dealing in alcoholic beverages, that actual and simulated nudity and sexual conduct and the depiction thereof coupled with alcohol in public places begets undesirable behavior, that sexual, lewd, lascivious, and salacious conduct among patrons and employees within establishments dealing in alcoholic beverages results in violation of law and dangers to the health, safety and welfare of the public; and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas detected a relationship between alcohol consumption and incidents of violence and sexual violence against women. Finally the analysis on the frequency of rape (23%), threats of rape (48%), in a SOB and general allegations of sexual contact, underage girls working, young women being trafficked into a SOB was startling; and 26 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 111 of 140 RESOLUTION NO. WHEREAS, for the purpose of mitigating the negative secondary effects noted in various studies including but not limited to the 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and the 1998 A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, and cases including but not limited to Daytona Grand, Inc. v. City of Daytona Beach, Florida, the City will require that no SOB operate within 1,000 feet of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; and VI. LICENSING REQUIREMENT WHEREAS, the City reasonably believes that each SOB, SOB employee, and SOB owner must be licensed in the City of Renton as a prerequisite to the SOB operating in the City because in the absence of regulation the City reasonably believes that the exploitation of minors, women, aliens and resident aliens, as well as local, state and federal crimes occur; and WHEREAS, under Young v. American Mini Theatres, Inc., and Northend Cinema v. City of Seattle, the City's planning effort must be accorded a sufficient degree of flexibility for experimentation and innovation; and WHEREAS, based on various studies including but not limited to the 2009 An Assessment of the Adult Entertainment Industry in Texas, the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 - Kansas Community Defense Act, the 2002 and 2004 Sexually Oriented Businesses, An Insider's View reports, the 1997 Strip Club Testimony, Profitable Exploits: Lap Dancing in the U.K., and anecdotal incidents of stripper prostitution, thefts, and conspiracy to commit the same, and to protect the general welfare, public health, safety, peace, property values, reputation and 27 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 112 of 140 RESOLUTION NO. tranquility of the City, its residents, and its guests, to prevent the exploitation of minors, to ensure that each SOB entertainer is an adult, to ensure that SOB entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible, and to ensure that those who have been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years, do not engage and do not have an opportunity to engage in that conduct at the SOB or in the City, it is necessary to license entertainers in SOBs, and SOB owners, investors and/or managers; and WHEREAS, under the World Wide Video v. City of Tukwila court decision, reasonable license fees are permissible if required and designed to defray the substantial expenses incurred by Code Compliance, the Police Department, the City Attorney's Office, the Court, the Finance and Information Technology Department, the Hearing Examiner's Office or any other department or unit of the City of Renton involved in regulating SOBs or enforcing laws related to SOBs; and WHEREAS, under various sources, including but not limited to the 2002 Sexually Oriented Businesses, An Insider's View report, it has been found that, in the absence of regulation, some known and some unknown or hidden owners or proprietors have used SOBs for the purposes of skimming profits, avoiding the payment of taxes, money laundering and counterfeit money exchanging. It has also been found that some of these persons with ownership interests have ties or history with organized and white-collar crime elements. In an effort to follow and comply with the World Wide Video v. City of Tukwila court decision, and in order to effectively protect the general welfare, public health, safety, peace, reputation and 28 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 113 of 140 RESOLUTION NO. tranquility of the City, its residents, and its guests, each owner or person with an financial interest or whom derives financial benefit from an SOB doing business in Renton must fully and completely apprise the City of their SOB financial interest. This information shall be in the form of a sworn statement, and must be updated at the time that the SOB's business license is renewed; and WHEREAS, in City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., the United States Supreme Court held that there must be "prompt judicial review" in the context of SOB licensing schemes; and WHEREAS, in FW/PBS, inc. v. City of Dallas, (holding modified by City of Littleton, Colo, v. Z.J. Gifts D-4, L.L.C., supra), the municipality must make the licensing decision within a specified and reasonable time period during which the status quo is maintained, and second, prompt judicial review must be available in the event that the license is erroneously denied; and WHEREAS, in A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, it was noted that most SOBs in Denver have had their business licenses suspended due to public indecency, including masturbation, fondling and deviate sexual intercourse; and WHEREAS, in Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Minnesota's Attorney General's Office recommended among other things, that communities should adopt regulations which authorize denial or revocation of licenses when the SOB licensee has committed offenses relevant to the operation of the SOB; and 29 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 114 of 140 RESOLUTION NO. WHEREAS, consistent with the City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., decision, SOB licenses shall be denied if the applicant 1) is underage; 2) provides false or incomplete information; 3) has had within the prior five years an adult business license revoked or suspended; 4) has operated an adult business anywhere that was determined to be a public nuisance within the prior five years; 5) if a corporation is not authorized to do business in the state; 6) has not timely paid taxes, fees, fines, or penalties; 7) has not obtained a sales tax license (for which zoning compliance is required); or 8) has been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years; and WHEREAS, in an effort to follow and comply with the World Wide Video v. City of Tukwila and City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., decisions, absent some extraordinary circumstance, all licensing and permit decisions related to SOBs and SOB managers, owners and employees shall be completed promptly in accordance with state law; and WHEREAS, owners or managers of a SOB shall maintain records, statements, books, or accounts necessary to determine the amount of tax and business license fee for which the owner or manager is liable; and WHEREAS, as a condition of licensure, the appropriate City representative or his or her designee, bearing adequate credentials, shall have the right to enter any licensed premises at any time during business hours without notice to insure compliance with the ordinance, and it shall be unlawful for a person to prevent or deny any such entry. Failure to permit the inspection shall be a basis to close the SOB and review its business license and all licenses or permits related to the business. Such inspections, in the absence of any recent violation, should 30 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 115 of 140 RESOLUTION NO. be conducted no more than five times a month. That representative or designee shall have authority to view any area open to the public or available to patrons consistent with Annex Books, Inc. v. City of Indianapolis. Considering the potential, and frequently present, violations of law and risks to the public health and sanitation, the representative or designee shall have the power to determine if such areas open to the public or available to patrons of the SOB are in a sanitary condition, and no warrant is necessary as: 1. There is a substantial governmental interest that informs the regulatory scheme pursuant to which the inspection is made; 2. The warrantless inspection is necessary to further the regulatory scheme; and 3. The ordinance's inspection program, in terms of the certainty and regularity of its application, provides a constitutionally adequate substitute for a warrant; and WHEREAS, under various sources including but not limited to the 2002 Sexually Oriented Businesses, An Insider's View report, there is a likelihood that persons who violate adult entertainment regulations are repeat offenders, and to deter unlawful behavior the SOB regulations shall include provisions to deny or revoke a license to perform, manage or be employed at an SOB if that person is shown to have violated SOB laws in the past; and WHEREAS, it is necessary to have a licensed manager on the premises of any and all SOBs at all times of operation so that the manager(s) will be responsible for the conduct of or in the establishment, including the actions of entertainers, other employees, and patrons. This person will be required to have cleared a criminal and tax background check and affirm that he is not working with and/or for, officially or unofficially, any person who has been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, 31 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 116 of 140 RESOLUTION NO. tax or financial crimes within the prior 10 years to ensure that persons with that history do not engage and do not have an opportunity to engage in that conduct at the SOB or in the City of Renton based on various studies, including but not limited to the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 - Kansas Community Defense Act, Sexually Oriented Businesses, An Insider's View reports from 2002 and 2004, Strip Club Testimony, from 1997, and anecdotal incidents of money laundering, tax evasion, prostitution, thefts and conspiracy to do the same; and WHEREAS, consistent with the United States Supreme Court decision in Arcara v. Cloud Books, Inc., and because this is not a prior restraint on the dissemination of materials and because the closure has nothing to do with expressive conduct, the City may close any SOB for one year if a licensee, owner or manager permits masturbation, fellatio, solicitation for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes to occur on the premises or on SOB property; and WHEREAS, a license to operate a SOB shall be revoked after a hearing before the appropriate City designee if: 1) the license had been suspended within the past year; 2) the licensee gave false information to the licensing officer or City; 3) the licensee or an employee had knowingly permitted the use or sale of a controlled substance; or 4) had knowingly allowed prostitution; or 5) had knowingly operated during a period when the license was suspended; and 6) excepting private rooms in motels, had knowingly allowed a variety of sexual conduct to occur; and WHEREAS, businesses alleging that they are private social clubs will be analyzed under the standard set forth in Hendricks v. Commonwealth. In Hendricks, the Kentucky Supreme 32 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 117 of 140 RESOLUTION NO. Court, in order to determine the legitimacy of the "members-only" organization considered a variety of factors from various other state court decisions and the United States v. Lansdowne Swim Club decision. The factors that the City will consider are: 1. The substantiality of membership dues; 2. The lack of a numerical limit on club membership; 3. The membership's control over the selection of new members; 4. The formality or lack of formality of the admission procedures; 5. The standard for admission; 6. The membership's control or lack of control over the operation of the club; 7. The purpose of the club's existence; 8. The use of the facility by non-members; and 9. The history of the organization; and VII. ENTERTAINERS MUST BE EMPLOYEES WHEREAS, the City reasonably believes, as it was noted in Profitable Exploits: Lap Dancing in the U.K., entertainers were not employees and as a result they had no employment rights. They paid to work at the SOB, thereby resulting in a feeling of pressure to secure private dances to generate revenue, especially if they were in debt to the SOB; they had no dedicated dressing rooms; they endured threats of physical violence and demands for sex; and private "dances" were the only legitimate way for entertainers to make money; and WHEREAS, to address the problem of no Fair Labor Standards Act (FLSA), health care, sick days or state or federal benefits or protections for entertainers, the City requires that SOBs hire entertainers as employees rather than independent contractors. Based on the 2002 An 33 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 118 of 140 RESOLUTION NO. Inside Look: The Life of the Exotic Dancer Profitable Exploits: Lap Dancing in the U.K., 2002 An Inside Look: The Life of the Exotic Dancer, the 2002 and 2004 Sexually Oriented Businesses, An Insider's View reports, the 1997 Strip Club Testimony, and other reports and/or court decisions, the City reasonably believes that this is appropriate and necessary since many SOBs control when entertainers will work, the amount of hours they work, the amount of nudity, the number of songs or dances, the order in which the entertainers perform, and the length and/or nature of employment, including whether an entertainers may perform at a different SOB; and WHEREAS, based on various studies including but not limited to the 2002 An Inside Look: The Life of the Exotic Dancer, 2002 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo. Ohio, the 2010 Talking Points: HB 2144 - Kansas Community Defense Act, the 2002 and 2004 Sexually Oriented Businesses, An Insider's View reports, the 1997 Strip Club Testimony, and anecdotal incidents of money laundering, tax evasion and related offenses by requiring entertainers to be employees, SOBs can keep more detailed records for licensing, tax and related reasons. The City, the State of Washington, and the federal government can reasonably expect to receive a more accurate accounting of the income generated and more revenues; and VIII. SAFETY AND HOURS OF BUSINESS WHEREAS, the City reasonably believes that late hours, insufficient lighting, and inadequate measures to ensure the safety of entertainers leaving their employment creates an unreasonable risk for assault, rape, or inappropriate conduct on and/or near public streets and sidewalks; and 34 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 119 of 140 RESOLUTION NO. WHEREAS, as noted above, the study An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas noted that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of SOBs in one locale, the greater their impact on the neighborhood. The study identified that the two primary ways in which SOBs affect the neighborhood is 1) by their presence in the neighborhood, including signage and advertising and 2) by the hours of operation and the type of people who they attract. Specifically, the "presence" of SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas, considered the regulation measures of other jurisdictions, including but not limited to Ohio, which in 2007 set statewide standards prohibiting touching of nude dancers and required some SOBs to end most activity at midnight and suggested among other things, prohibiting closed and private rooms, implementing drug testing, and considering outdoor lighting and indoor video surveillance; and WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, noted that the SOBs with the greatest negative impact are adult theaters or bookstores, which generally operate 24 hours a day, seven days a week; and WHEREAS, the City, for the purpose of avoiding crime incidental to all-night or late night SOBs, and because crimes rise steadily after sundown as noted in the 2010 Secondary Effects of 35 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 120 of 140 RESOLUTION NO. Sexually-Oriented Businesses. Testimony on Missouri House Bill 1551, requires that SOBs in Renton operate no earlier than dawn and no later than dusk and not on Sundays as permitted in Center for Fair Public Policy v. Maricopa County (as the City's objectives would be achieved less effectively without these regulations). And the City notes, by way of example and to show that SOBs are being treated at least as well as other regulated alcohol related enterprises, that in some jurisdictions, Washington winery tasting rooms may only operate 8 hours a day; and WHEREAS, based on various studies including but not limited to the 2002 and 2004 Sexually Oriented Businesses, An Insider's View reports, the 1997 Strip Club Testimony, the 2002 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, the 2009 An Assessment of the Adult Entertainment Industry in Texas, and anecdotal incidents of assaults, stalking, harassment and stripper rapes, including but not limited to "Stripper foils rape attempt in phony livery cab", New York Daily News, February 19, 2008; "Man found guilty in abduction, rape of woman in Gwynn Oak", Baltimore Sun, January 15, 2010, the City requires outdoor lighting, parking lot surveillance cameras (with police viewing access), and that SOB entertainers be escorted to their vehicles to ensure their safety; and WHEREAS, based on various court decisions and studies including but not limited to Fantasyland v. County of San Diego, the 2009 An Assessment of the Adult Entertainment Industry in Texas, the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 - Kansas Community Defense Act, Sexually Oriented Businesses, An Insider's View reports from 2004 and 2006, Strip Club Testimony, from 1997, and anecdotal incidents of stripper rapes, unlawful sexual contact, groping and prostitution, in order for the licensed manager(s) and law enforcement to enforce SOB 36 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 121 of 140 RESOLUTION NO. regulations, it is necessary to maintain a certain level of visibility upon the premises of SOBs providing adult live entertainment. Maintaining adequate lighting facilitates detection by managers and law enforcement of unlawful conduct. This visibility is related not only to lighting but also to an "openness" requirement so that there are no private, closed or VIP rooms, booths, or enclosures; this "openness", in addition to aiding in the detection of unlawful conduct, also addresses potential health concerns with a hope that it decreases the likelihood of illicit sexual contact or activity and reduces the possible spread of HIV, AIDS or any other social or communicable disease; and IX. CONCLUSION WHEREAS, any incidental restrictions on First Amendment freedom is no greater than is essential to the furtherance of the City's governmental interests. Since the statutory prohibition is not a means to some greater end, but an end itself, it is without cavil that the City believes that its efforts are a proper exercise of its legislative and police powers; that they serve a legitimate and substantial governmental interest to protect the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests; it regulates but does not prohibit this expressive conduct that is within the outer perimeters of the First Amendment; and it is narrowly tailored and prohibits only what the City seeks to regulate which is conduct and the time, place, and manner of that conduct; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 37 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 122 of 140 RESOLUTION NO. SECTION II. The above findings accurately identify some but not necessarily all of the authority relied on by the City of Renton and will serve as the basis for the adoption of an ordinance regulating and licensing SOB businesses, managers, and employees that provide adult entertainment in the City of Renton; providing for the safety of those businesses, their employees, potential patrons, and the community; preventing or at least mitigating the typical criminal secondary effects of SOBs; and preventing or at least mitigating the frequent negative effects that SOBs have on property values. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES:1467:4/20/ll:scr 38 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 123 of 140 RESOLUTION NO. APPENDIX A 44 Liquormart v. Rhode Island, 517 U.S. 484; 116 S. Ct. 1495; 134 L Ed. 2d 711 (1995) 6 Annex Books, Inc. v. City of Indianapolis, 333 F. Supp. 2d 773; 2004 U.S. Dist. LEXIS 17341 (S.D. Ind2004) 31 Arcara v. Cloud Books, Inc., 478 U.S. 697; 106 S. Ct. 3172; 92 L Ed. 2d 568 (1986) 32 Barnes v. Glen Theatre, 501 U.S. 560; 111 S. Ct. 2456; 115 L. Ed. 2d 504 (1991) 2, 6, 7, 26 Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998) 18 California v. LaRue, 409 U.S. 109; 93 S. Ct. 390; 34 L. Ed. 2d 342 (1972) 26 Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153; 2003 U.S. App. LEXIS 14918 (9th Cir. 2003), cert denied 541 U.S. 973; 124 S. Ct. 1879; 158 L Ed. 2d 468 (2004) 5, 36 City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (Colo. 1995) 32 City of Erie v. Pap's A.M., 529 U.S. 277; 120 S. Ct. 1382; 146 L Ed. 2d 265 (2000) 26 City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774; 124 S. Ct. 2219; 159 L Ed. 2d 84 (2004) , 29,30 City of Los Angeles v. Alameda Books, 535 U.S. 425; 122 S. Ct. 1728; 152 L. Ed. 2d 670 (2002) 4, 5,9 City of Renton v. Playtime Theaters, Inc., 475 U.S. 41; 106 S. Ct. 925; 89 L Ed. 2d 29 (1986) 2, 3, 6,25 Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860; 2007 U.S. App. LEXIS 15361 (11th Cir. Fla. 2007) 27 Fantasyland v. County of San Diego, 505 F.3d 996; 2007 U.S. App. LEXIS 24097 (9th Cir. 2007) 26,36 For the People's Theater v. City of New York, 6 N.Y.3d 63; 843 N.E.2d 1121; 810 N.Y.S.2d 381; 2005 N.Y. LEXIS 3349 (2005) 26 G.M. Enterprises, Inc. v. Town of St. Joseph, Wl, 350 F.3d 631; 2003 U.S. App. LEXIS 23936 (7th Cir. 2003), cert, denied, 125 S. Ct. 49, 160 L. Ed. 2d 16 (U.S. 2004) 5, 12 Goesaert v. Cleary, 335 U.S. 464; 466, 93 L Ed. 163; 69 S. Ct. 198 (1948) 5 Hendricks v. Commonwealth, 865 S.W.2d 332 (Ky. 1993) 33 Imaginary Images, Inc. v. Evans, 2010 U.S. App. LEXIS 14535 (4th Cir. Va. July 15, 2010) 5 New York State Liquor Authority v. Bellanca, 452 U.S. 714; 101 S. Ct. 2599; 69 L. Ed. 2d 357 (1981) 26 Northend Cinema v. City of Seattle, 90 Wn.2d 709; 585 P.2d 1153 (1978) 27 O'Dayv. King County, 109 Wn.2d 796; 749 P.2d 142 (1988) 3, 6, 8, 20 Seattle v. Buchanan, 90 Wn.2d 584; 584 P.2d 918 (1978) 5 Seattle v. Marshall, 83 Wn.2d 665; 521 P.2d 693 (1974) 5 SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003), cert, denied, 540 U.S. 820, 124 S. Ct. 104, 157 L Ed. 2d 38 (2003) 6, 7 United States v. Lansdowne Swim Club, 713 F. Supp. 785 (E.D.Pa. 1989) 33 United States v. O'Brien, 391 U.S. 367; 88 S. Ct. 1673; 20 L. Ed. 2d 672 (1968) 3 World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004), as amended on denial of reh'g and reh'g en banc, (July 12, 2004) 7, 8 World Wide Video v. City of Tukwila, 111 Wn.2d 382; 816 P.2d 18 (1991) 28, 29, 30 Young v. American Mini Theatres, Inc., 427 U.S. 50; 96 S. Ct. 2440; 49 L. Ed. 2d 310 (1976).... 27 39 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 124 of 140 RESOLUTION NO. APPENDIX B A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, City Attorney's Office with Contributions from Several City Departments, City Council, January 1998, Denver, CO, p.62 (1998) 14, 15,18 Adult Business Study, Planning Department, Phoenix, AZ, p.14 (1979) 7 Adult Cabarets in Seattle, Department of Planning and Development, City of Seattle , City Council, City of Seattle, March 28, 2006, Seattle, WA, p.18 (2006) 12 Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984) 7, 11 Adult Entertainment Legislative Record, Lindell, L.K. , Mayor and City Council, City of Federal Way, Federal Way, WA, p.16, August 1995 8 Adult Entertainment Study, Department of City Planning, New York, New York, 1994.11 Adult Use Zoning Study, Planning Department, City of Kent , City Council, City of Kent, November, 1982, Kent, WA, p.49 (1982) 8 An Analysis of the Effects of SOBs on Surrounding Neighborhoods in Dallas, Texas, Peter Malin, MAI, Dallas, TX, p.23 (1997) 6, 10,18 An Assessment of the Adult Entertainment Industry in Texas: Comprehensive Report, Kellison, B., N. Busch-Armendariz, J. Jarrett, et al., 80th Texas Legislature, March,, Austin, TX, p.202, (2009) 14,18,19 An Inside Look: The Life of the Exotic Dancer, Schmidt, Devi Maria , Oregon Law Student Paper, Supervised by Professor C. Forell, Salem,, p.49, (2002) 17 Des Moines (WA) Adult Use Study, R. W. Thorpe & Associates, 1984 12 Director's Report, Proposed Land Use Code Text Amendment, Adult Cabarets, Department of Construction and Land Use, City Council, March 24,1989, Seattle, WA, p.30 (1989)6, 12 Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, Division of Planning, Department of Planning and Economic Development; and Community Crime Prevention Project, Minnesota Crime Control Planning Board, Saint Paul, MN, p.65 (1978) 7 Man found guilty in abduction, rape of woman in Gwynn Oak, N. Madigan, Baltimore Sun, January 15, 2010 19 Pennsylvania State Resolution No. 245, The General Assembly of Pennsylvania, February 26, 2008 11 Profitable Exploits: Lap Dancing in the U.K., Bindel, J., Edinborough City Council, August, 2004, Edinborough, U.K., p.64, (2004) 14, 17 Prostitution Charges Filed, Pulkkinen, L, Seattle P-l, October 15, 2008 6 Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses, Attorney General's Working Group, p.45 (1989) 15 Report on Adult Oriented Businesses in Austin, Office of Land Development Services, Austin, TX, p.50 (1986) 7,11 Salons Were Brothels, Feds say: Two-year investigation brings five arrests at homes, businesses, boat, Castro, H. and Shukovsky, P., Seattle P-l, November 18, 2008 6 Sexually Oriented Businesses An Insider's View, Former Dancer in Strip Clubs from Indiana, Ohio House Civil and Commercial Law Committee, April 28, 2004 17, 18, 19 40 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 125 of 140 RESOLUTION NO. Sexually Oriented Businesses: An Insider's View, David Sherman, Ohio Senate Judiciary Committee on Civil Justice, December 3, 2002, p.6, (2002) passim Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Duncan Associates: Kelly, E.D. and Cooper, E.B. August 12, 2003 14, 16,19 Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, City Planning Commission , Whittier, CA, p.22, (1978) 7 Strip Club Testimony, Kelly Holsopple, 1997 17, 18, 19 Stripper foils rape attempt in phony livery cab, Alison Gendar, Oren Yaniv and Michael White, New York Daily News, February 19, 2008 19 Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, Department of City Planning, Los Angeles, CA, (1977) 7 Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, Cook, C and Kelly, E.D. 2008 12 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, Duncan Associates: Eric Damien Kelly and Connie B, Cooper, Toledo, OH, p.51, (2002)17, 19 Talking Points: HB 2144- Kansas Community Defense Act, 2010 18,19 Testimony on Missouri House Bill 1551, Richard McCleary, Ph.D. , Missouri House of Representatives, p. 15, March 31, 2010 18 The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, McCleary, R. and J.W. Meeker, 1991, Garden Grove, CA, p. 96 14 41 9a. ‐ Finding‐of‐Fact in support of an ordinance amending City Code regarding Adult Retail and Entertainment (See 4.a.)Page 126 of 140 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION ESTABLISHING A SISTER CITY AFFILIATION POLICY FOR THE CITY OF RENTON, WASHINGTON. WHEREAS, the citizens of Renton have demonstrated a desire to learn more about the people of other cultures, and to enhance international communication and understanding; and WHEREAS, the citizens of Renton wish to participate in cultural, educational, sports, technical, governmental and economic exchanges to increase their knowledge of the diversity in the world and in their community; and WHEREAS, it is desirable to provide the citizens of Renton with an opportunity to give service to and derive benefit from a community project of international scope; and WHEREAS, it is desirable to encourage international trade and tourism between Renton and its sister cities; and WHEREAS, selection of sister city affiliations should be made in a thoughtful manner to assure productive and mutually beneficial relationships; and WHEREAS, any sister city relationship should be based upon common interests and characteristics important to both Renton and the sister city; 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. The City of Renton seeks international relationships which will enhance its citizens' understanding of other cultures and, to that end, hereby establishes the following criteria for sister city selection and guidelines for conduct of the sister city program. 9b. ‐ Establishing a Sister City Affiliation policy (See 7.e.) Page 127 of 140 RESOLUTION NO. Section 1. STATEMENT OF OBJECTIVES The City will support and encourage the establishment of sister city affiliations which serve the following objectives: A. To provide for increased awareness of, and sensitivity to, cultural diversity; B. To increase citizens' opportunities for social, cultural, and educational enrichment; C. To enhance citizens' economic well-being by developing opportunities for trade and tourism; D. To share expertise in solving municipal problems. Section 2. SELECTION CRITERIA To address the above goals and objectives, affiliations will be considered with the following characteristics: A. Strong community support for the sister city bond, including the existence of an organization able to work closely with the City; B. Similarity to the City of Renton in terms of size, geographic or demographic characteristics, historical development, or proximity to a major urban center; C. A strong educational system, or a demonstrated commitment to serving the educational needs of its citizens; D. Humanitarian concerns, shared by the people of Renton, for the health and well- being of all individuals and families; E. An interest in sharing views and information on issues of governance and citizen participation in government; F. An interest in developing business and economic ties in Renton; G. A national political climate consistent with the interest of the United States. Section 3. GUIDELINES FOR CONDUCT To assure that the Renton Sister Cities Program is conducted in a manner consistent with the public interest and in accordance with the laws of the State of Washington, and the laws and policies of the City of Renton, the following guidelines are hereby prescribed: 9b. ‐ Establishing a Sister City Affiliation policy (See 7.e.) Page 128 of 140 RESOLUTION NO. A. Through its sister cities program, the City of Renton carries out a fundamental governmental purpose of providing social, cultural and educational services. The City will, therefore, expend such funds as it may deem necessary and appropriate to ensure the proper function of the sister cities program; B. The City of Renton shall provide such staff support as is necessary to establish and maintain communication with its sister cities; C. A Sister City Association shall be duly and officially established as a non-profit organization having authority to receive and disburse funds; D. The City of Renton will encourage involvement by private citizens and organizations in the implementation of this policy with the following guidelines: (1) Sister city relationships can be initiated by citizens, members of the City Council or by City staff. Each sister city relationship will be recognized by the Renton City Council; s (2) Each sister city relationship will be organized into a separate committee within the Sister City Association; (3) The members of the committee should represent a cross section of cultural and commercial interests. There should be a sister city committee counterpart or like body in each affiliating city; (4) Each sister city committee shall be responsible for providing funding for a reasonable level of activities in order to maintain an effective and viable program. E. City funding of sister city activities will be limited to public purposes. Publicly funded activities may include: (1) Appropriate activities to receive public officials, or their delegates, when visiting Renton on official sister city business; (2) The exchange of information and materials which support the objective of providing social, cultural and educational services, or economic benefit to the public; (3) The exchange of technical resources, when such an exchange serves the objectives outlined in this policy, and is necessary to establish or maintain the sister city affiliation. 9b. ‐ Establishing a Sister City Affiliation policy (See 7.e.) Page 129 of 140 RESOLUTION NO. F. Any funding for private purposes is prohibited; G. Donation of a City asset, when the donation clearly serves a public purpose as outlined in this policy, may be authorized by the Mayor, provided the recipient is a public entity; H. Non-perishable official gifts made to the City, its elected officials or staff members, received in the course of sister city activities will be the sole property of the City of Renton. The City will maintain an inventory of such gifts, and will attempt to display them in appropriate public settings. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1461:3/21/ll:scr 9b. ‐ Establishing a Sister City Affiliation policy (See 7.e.) Page 130 of 140 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-3-010, ADULT RETAIL AND ENTERTAINMENT REGULATIONS, OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, OF TITLE IV, (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", AMENDING THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT AND DECLARING AN EMERGENCY. WHEREAS, the City of Renton (hereinafter "the City") and its representatives are committed to protecting the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests, through the promulgation and enforcement of laws regulating a sexually-oriented business (hereinafter "SOB"), obscenity, public indecency, and criminal and sexual offenses while not impermissibly encroaching on freedom of speech under the federal and state constitutions; and WHEREAS, the City reasonably believes that the regulation of SOBs is necessary because, in the absence of regulations, significant criminal activity has historically and regularly occurred locally, statewide, nationally and internationally. A small part of this history is identified in the court decisions, articles, reports and studies noted throughout the related resolution and its appendices, adopted contemporaneously with this ordinance; and WHEREAS, this history of criminal activity in, around and/or near SOBs has included, but is not limited to, rapes, assaults, sexual assaults, prostitution, serving alcohol fo minors, physical and sexual contact between patrons and between entertainers and patrons, public indecency, narcotics and liquor law violations, harassment and stalking, breaches of the peace, 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 131 of 140 ORDINANCE NO. disorderly conduct, organized crime, and the presence within the SOB industry of individuals with hidden ownership interests and outstanding arrest warrants; and WHEREAS, at least one study noted that in addition to traffic, noise, and littering, residents complained that they saw people urinating, masturbating, and soliciting for prostitution in areas adjacent to SOBs; the most frequent crimes reported included disturbing the peace, public indecency, prostitution, drug-related violations, loitering, robbery, larceny, theft from motor vehicles, and public drinking or urinating; and WHEREAS, at least one study noted that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of SOBs in one locale, the greater their impact on the neighborhood; the study identified that the two primary ways in which SOBs affect the neighborhood is 1) by their presence in the neighborhood, including signage and advertising and 2) by the hours of operation and the type of people who they attract. Specifically, the "presence" of SOBs cause "dead zones" in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the "hours and clientele" of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, it was concluded that "one isolated SOB has much less direct impact on the neighborhood than a concentration of SOBS. It does, however, impact the properties immediately surrounding it. The more visible it is, the more impact it has"; and WHEREAS, some of the studies and court decisions establish that municipalities may promulgate and enforce special regulatory treatment that relate to "time, place and manner" regulations as long as the municipality can demonstrate that it has a substantial governmental 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 132 of 140 ORDINANCE NO. interest in regulating SOBs and the regulations permit reasonable alternative means of communication; and WHEREAS, the City attempts to comply with or meet the ordinance validity test of City of Renton v. Playtime Theatres, Inc., 1) by not banning SOBs altogether, but rather limiting their distance from other SOBs and sensitive places; 2) by not focusing on the alleged message of the SOB performances or conduct, but rather focusing on and addressing the negative secondary effects of SOBs; and 3) by designing the ordinance to serve a plethora of substantial governmental interests, including but not limited to reducing crime, protecting the patrons, the entertainers, families, and minors, and maintaining property values; and WHEREAS, for the purpose of mitigating the negative secondary effects noted in various studies the City will require that no SOB operate within 1,000 feet of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-3-010A, Prohibited in Certain Areas, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited: 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 133 of 140 ORDINANCE NO. 1. Within one thousand feet (1,000') of any residential zone (RC, R 1, R 4, R 8, R 10, RM, COR or RMH) or any single family or multiple family residential use^ and 2. Within one thousand feet (1,000') of any public or private elementary or secondary school; and 3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool; and 4. Within one thousand feet (1,000') of any facility or institution used primarily for religious purposesr; and 5. Within one thousand feet (1,000') of any public park with the exclusion of public parks which solely consist of a public trail or P 1 zone.; and 6. Within one thousand feet (1,000') of any other established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and 7. Within one thousand feet (1,000') of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; and 8. The City retains the discretion, when rare circumstances exist, to permit a use closer than the delineated setback distance if natural features such as a wetland, natural area or creek or a built feature such as a major road creates an actual setback that is greater than the direct line setback. EXCEPT: Adult retail uses and adult entertainment businesses, as defined heroin, shall bo permitted within those zones within the Employment Area Valloy 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 134 of 140 ORDINANCE NO. (EAV) land use designation of the comprehensive plan and south of I 405, and are not subject to the distance requirements sot out heroin. SECTION II. Section 4-3-010, Adult Retail and Entertainment Regulations, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection B, entitled "Exceptions", to read as shown below. The remaining subsections B-E shall be re-lettered accordingly. B. EXCEPTIONS: Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted provided the following geographic criteria can be met: 1. Located within those zones of the Employment Area Valley (EAV) land use designation; 2. Located south of and not facing SW 16th Street; 3. Located west of and not facing East Valley Highway; 4. Not located within one thousand feet (1,000') of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and 5. Not 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; and 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 135 of 140 ORDINANCE NO. a. Parcels located along or taking primary access from the same street without a bisecting primary arterial shall be considered to share the same street frontage- fa. Parcels located within five hundred feet (500') of a street intersection shall be considered to have street frontage along both intersecting streets. 6. Not located on or between SW 43rd and SW 41st Streets; and 7. Not located within one thousand feet (1,000') of the Boeing "Longacres" property. SECTION III. Subsection 4-3-010B, Measurement Procedure, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby re-lettered as indicated in Section II of this ordinance, and amended as follows: BC. MEASUREMENT PROCEDURE: The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property, street or the land use district boundary line from which the proposed land use is to be separated. SECTION IV. The City Council hereby declares an emergency and this ordinance shall be effective immediately upon adoption. 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 136 of 140 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2011. Approved as to form: Lawrence J. Warren, Renton City Attorney Date of Publication: ORD:1632:4/15/ll:scr Denis Law, Mayor 9a. ‐ City Code amendment regarding Adult Retail and Entertainment and declaring an emergency. (See 4.a.) Page 137 of 140 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 31, REGULATION OF CONDUCT AT TRANSIT CENTER, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY AMENDING SUBSECTION 6-31-3A, ADDING A NEW SUBSECTION 6-31-3D, ADDING A NEW SECTION 6-31-6, ENTITLED "TRESPASS IN TRANSIT CENTER DEFINED", RENUMBERING THE CURRENT SECTIONS 6-31-6 AND 6-31-7, ADDING A NEW SUBSECTION 6-31-7D, TO CLARIFY THE CRIME OF TRESPASS IN THE TRANSIT CENTER AND TO EXPAND THE CIRCUMSTANCES UNDER WHICH A PERSON CAN BE PROSECUTED FOR TRESPASS IN THE TRANSIT CENTER AND DECLARING AN EMERGENCY. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 6-31-3A, Immediate Expulsion, of Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: A. Immediate Expulsion: Any person violating a rule or provision of this Chapter or any federal, state or local law may be ordered by a commissioned peace officer to leave the Transit Center immediately. Failure to comply with such an expulsion order shall be grounds for prosecution for criminal trespass. SECTION II. Section 6-31-3, Expulsion, of Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new subsection D, to read as follows: 9b. ‐ City Code amendment regarding expulsions and criminal trespass at the Transit Center and declaring an emergency (See 8.b.)Page 138 of 140 ORDINANCE NO. P. Failure to comply with any expulsion order shall be grounds for prosecution for criminal trespass. SECTION III. Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new Section 6-31-6, entitled "Trespass in Transit Center Defined", to read as shown below. The remaining sections shall be renumbered accordingly. 6-31-6 TRESPASS IN TRANSIT CENTER DEFINED: It is unlawful for any person to enter or remain in the Transit Center during the period covered by an expulsion notice pursuant to RMC 6-31-3. SECTION IV. Section 6-31-7, Penalties, of Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby renumbered as section 6-31-8 pursuant to SECTION III of this ordinance, and amended to add a new subsection D, to read as follows: P. Any person who enters or remains in the Transit Center during the period, covered by an expulsion notice shall be guilty of a misdemeanor and may be punished by a fine in any sum not to exceed one thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. SECTION V. The City Council hereby declares an emergency and this ordinance shall be effective immediately upon adoption. 9b. ‐ City Code amendment regarding expulsions and criminal trespass at the Transit Center and declaring an emergency (See 8.b.)Page 139 of 140 ORDINANCE NO. PASSED BY THE CITY COUNCIL this day of. , 2011. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1696:4/19/ll:scr Bonnie I. Walton, City Clerk APPROVEP BY THE MAYOR this day of. , 2011. Penis Law, Mayor 9b. ‐ City Code amendment regarding expulsions and criminal trespass at the Transit Center and declaring an emergency (See 8.b.)Page 140 of 140