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HomeMy WebLinkAboutRES 3396 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 3 9 6 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A MORATORIUM ON THE PERMITTING OF ADULT BOOK STORES, AS DEFINED IN THIS RESOLUTION, WITHIN SPECIFIC GEOGRAPHICAL AREAS, ESTABLISHING A PUBLIC HEARING DATE, AND ESTABLISHING A TERMINATION DATE FOR THE MORATORIUM. WHEREAS, the City of Renton presently has ordinances regulating adult motion picture theaters, nude dancing establishments, and similar adult uses; and WHEREAS, the present City regulations do not regulate adult businesses whose predominant trade is the sale, use, rental, depiction or other use of merchandise distinguished or characterized by predominant emphasis on matters depicting, describing, simulating or relating to "specified sexual activities" or"specified anatomical areas" as defined by City Code section 4-11-010 under the definition of Adult Motion Picture Theater(hereinafter adult bookstore); and WHEREAS, the term "merchandise" as used above includes but is not limited to books, magazines, posters, cards, pictures, periodicals or other printed material; prerecorded video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, novelties or other such products; and WHEREAS, other cities in the surrounding metropolitan area and nationally have ordinances regulating this type of business ostensibly based upon studies of the negative secondary effects of such uses; and WHEREAS, the City of Renton understands that a portion or all of the materials sold by adult bookstores are protected by the First Amendment to the U.S. Constitution and Article 1, §5 of the Washington State Constitution; and RESOLUTION NO. 3396 WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly impact any party's free speech rights; and WHEREAS, the purpose of this resolution is to provide, during the moratorium period, a reasonable area to accommodate protected expression and to make any geographical restriction of free speech rights a reasonable time, place and manner restriction, and to that end urges any court reviewing this resolution to interpret it in such a manner as to give it such a constitutional interpretation; and WHEREAS, the City of Renton currently has in place a moratorium which will terminate on July 11, 1999; and WHEREAS, the City Attorney's office and City planning staff have drafted a proposed ordinance and are prepared to present it to the City Council and make a recommendation that the proposed ordinance be adopted; and WHEREAS, the termination date of the moratorium will precede the effective date of any legislation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. There is hereby declared a moratorium on the issuance of any business license or other permit for an adult bookstore. SECTION III. There is hereby established a public hearing date on June 14, 1999, to accept public testimony on whether or not the City should continue this moratorium. 2 RESOLUTION NO. 3 3 q h SECTION IV. This moratorium shall be in place for a period of six months, which moratorium may be extended or renewed for one or more six month period(s), but only if a subsequent public hearing is held and findings of fact are made prior to each renewal. SECTION V. During this six month moratorium the City Attorney's office and the planning staff of the City are requested to survey existing evidence to determine what negative secondary effects may be associated with this type of land use, ways to mitigate negative secondary effects of such land use in the least restrictive manner, and to provide alternative, available geographical areas within the City to provide a reasonable means to accommodate access to protected material such that any regulation ultimately adopted is a reasonable time, place and manner restriction. The City Attorney's office and City planning staff are to make recommendations to the City Council, or subcommittee thereof, on regulations which could be adopted to satisfy these goals. SECTION VI. Any adult bookstore that is covered by this resolution which satisfies the underlying zoning criteria may be permitted outright despite the terms of this moratorium provided that such is not located: 1. Within one thousand feet (1,000') of any residential zone (RC, SFL, SF, MR, MF, POR or T) or any single-family or multiple-family residential use. 2. One thousand feet (1,000') of any public or private school. 3. One thousand feet (1,000') of any church or other religious facility or institution. 4. One thousand feet (1,000') of any public park, P-1 zone or P suffix zone. SECTION VII. Any such business separated from residential zones, public or private schools, religious facilities or institutions, or public park by man-made or naturally occurring features which increase(s) the most direct travel distances beyond 1,000 feet such that the business believes that any potential negative secondary effects of the adult bookstore are unlikely to affect those 3 RESOLUTION NO. 3396 protected uses may apply to the City Council for a temporary permit to operate an adult bookstore pending adoption of any final regulation of that business. If such request is received at least three business days before a City Council Meeting, the City Council shall act on such request at its next regularly scheduled meeting. If received after that time the request will be considered at the second regularly scheduled Council meeting after receipt of the request. If the business is still aggrieved it may notify the City of its grievance within ten days of the City Council action and the City shall, within ten days of such notification, file a declaratory judgment or similar action to review the decision in King County Superior Court. PASSED BY THE CITY COUNCIL this 14th day of June , 1999. LiVA441 I116(()( Brenda Fritsvold, Deputy City Clerk APPROVED BY THE MAYOR this 14th day of June , 1999. Jess er, ayor Approved form: Lawrence J. Warren, City ttorney Publication Date: June 18, 1999 (summary) RES.730:6/09/99. 4