Ord 99-347
ORDINANCE NO. 99-347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, REVISING AND ADDING
DEFINITIONS FOR ADULT ENTERTAINMENT ACTIVITY OR USES,
ADDING AMORTIZATION PROVISIONS AND A NEW SECTION
ALLOWING ADULT USES IN A BC ZONE TO CHAPTER 22, ZONING.
WHEREAS, the Federal Way City Council is committed to protecting the general welfare of the
City through the enforcement oflaws prohibiting obscenity, indecency, and sexual offenses while
preserving constitutionally protected forms of expression; and
WHEREAS, the City has made a detailed review of the national record, including studies from
the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court
decisions regarding adult entertainment, activity, retail, or use. The City Council finds that adult
entertainment, activity, retail, or use require special supervision from the public safety agencies in
order to protect and preserve the health, safety, and welfare of the patrons and employees of said
businesses as well as the citizens of the City; and
WHEREAS, the City Council finds that concerns about crime and public sexual activity
generated and/or occurring within or nearby the adult entertainment, activity, retail, or use are
legitimate, substantial, and compelling concerns of the City which demand reasonable regulation;'
and
,WHEREAS, the City Council finds that adult entertainment, actiyity, retail, or use, due to their
nature, have secondary adverse impacts upon the health, safety, and welfare of the citizenry through
increases in crime and opportunity for spread of sexually transmitted diseases; and
ORD# qq-147
,PAGE 1
t~~v:
WHEREAS, there is convincing documented evidence that adult entertainment, activity, retail,
or use have a detrimental effect on both the existing businesses around them and the surrounding
residential and commercial areas adjacent to them, causing increased crime, the downgrading of
quality of life and property yalues and the spread of urban blight. Reasonable regulation of the
location of these facilities will provide for the protection of the community, protect residents,
patrons, and employees from the adverse secondary effects of such retail facilities; and
WHEREAS, the City recognizes that adult entertainment, activity, retail, or use, due to their very
nature, have serious objectionable operational characteristics, particularly when located in close
proximity to residential neighborhoods, day care centers, religious facilities, public parks, libraries,
schools, and other adult entertainment, activity, retail, or use, thereby having a deleterious impact
upon the quality of life in the surrounding areas. It has been acknowledged by courts and
communities across the nation that state and local governmental entities have a special concern in
regulating the operation of such businesses under their jurisdiction to ensure the adyerse secondary
effects of the uses are minimized; and
WHEREAS, this ordinance is intended to protect the general public health, safety, and welfare
of the citizenry of the City through the regulation of the location of adult entertainment, activity,
retail, or use. The regulations set forth herein are intended to control health, safety, and welfare
issues, the decline in neighborhood conditions in and around adult retail uses, and to isolate
dangerous and unlawful conduct associated with these facilities; and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by
the First Amendment to the United States Constitution, or Article I, Section 5 of the Washington
ORD # 99-347 . PAGE 2
State Constitution, but to enact content neutral legislation which addresses the negative secondary
impacts of adult entertainment, activity, retail, or use; and
WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of
obscene material, and the City Council recognizes that state and federal law prohibits the
distribution of obscene materials; and
WHEREAS the Federal Way Planning Commission, haying considered the proposal at public
hearings during 1999, pursuant to Federal Way City Code (FWCC) Section 22-30, and all public
notices having been duly giyen pursuant to FWCC Section 22-528; and
WHEREAS the public was giyen opportunities to comment on the proposal during the Planning
Commission review; and
WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of
Nonsignificance on December 17,1998; and
WHEREAS following the public hearing, the Planning Commission submitted to the Land
UselTransportation Committee of the City Council its recommendation in favor of the proposal,
adding sections to the FWCC as noted; and
WHEREAS the Land UselTransportation Committee of the City Council met to consider the
recommendation of the Planning Commission and has moved to forward the proposal, with.
amendments, to the full City Council; and
WHEREAS there was sufficient opportunity for the public to comment on the proposal;
Now, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS
FOLLOWS:
ORD# 99-147
, PAGE 3
Section 1. Findill!!s. After full and careful consideration, the City Council of the City of
Federal Way makes the following findings with respect to the proposal and the proposed
amendments to the FWCC:
1.
The Federal Way SEP A responsible official has issued a Declaration ofNonsignificance
on December 17, 1998; and
2.
The proposed code amendments would not adversely affect the public health, safety, or
welfare; and
3.
The Planning Commission, following notice thereof as required by RCW 35A.63.070, held
a public hearing on the proposed amendments and has considered the testimony, written
comments, and material ITom the public by and through said hearing.
Section 2. Conclusions. Pursuant to FWCC Section 22-216, and based upon the Findings set
forth in Section I, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposal is consistent with the City of Federal Way Comprehensive Plan (FWCP)
purposes, goals, and polices:
FWCP Pg VII-1
"Create an identifiable downtown that is the social and economic focus
of the City."
FWCP Pg VII-1
"Establishment of an urban center that is a yibrant, unique and
attractive place to work."
FWCP CCG5
"Encourage a mix of compatible uses to maintain a lively, attractive,
and safe place to live, work and visit."
ORD # 99-347
,PAGE 4
2.
The proposal bears a substantial relationship to the public health, safety, and welfare.
3.
Zoning and text amendment criteria under FWCC Section 22-523 are met.
Section 3. Amendment.
I.
The FWCC, Chapter 22-1, Definitions, is amended and FWCC, Chapter 22,
Nonconformance, is amended by adding a new Section 22-338.2, as set forth in the
attached Exhibit A;
2.
Chapter 22, Zoning, Sections 22-794 and 22-806 are deleted as set forth in the attached
Exhibit B; and
3.
Chapter 22, Zoning, is amended by adding a new Section 22-763 as set forth in the
attached Exhibit C.
Section 4. Seyerabilitv. The provisions of this ordinance are declared separate and seyerable.
The invalidity of any clause, sentence, paragraph, subdiyision, section, or portion of this ordinance,
or the invalidity of the application thereof to any person or circumstance, shall not affect the validity
of the remainder of the ordinance, or the yalidity of its application to any other persons or
circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effectiye date of
this ordinance is hereby ratified and affinned.
Section 6. Effectiye Date. This ordinance shall be effectiye fiye (5) days after passage and
publication as provided by law.
ORD # 99-347 . PAGE 5
PASSED by the City Council of the City of Federal Way this 3rd day of
AURust
,1999.
CITY OF FEDERAL WAY
~c1~
MAYOR, RON GINTZ
¿¡WR~~~
APPROVED AS TO FORM:
~~ ~
CITY AITORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 4/6/99
PASSED BY THE CiTY COUNCIL: 8/3/99
PUBLISHED:
8/7/99
EFFECTIVEÐATE:
ORDINANCE No:
8/12/99
QQ-'t6.7
K:IOrdinladultret.bc
ORD # 99-347 . PAGE 6
EXHIBIT A
Chapter 22 of the Federal Way City Code is hereby amended as follows.
A. Sec. 22-1, Definitions, of Chapter 22 is amended as follows:
Adult entertainmentc activityc retail. or use shall mean all of the following:
(1)
Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating
to specified~sexual activities=-or ~specified anatomical areas:: (defined 113 fulle"s below) for
observation by patrons therein and which excludes minors by virtue of age.
a.
Spaified (tIlfl(onliea: (tI eas si1ftl1 IDeM beth efthe felle"ing.
I. When less thllfi eempletel) llfið epaqtrel) ee. elCð.
i. IIumM genitaiJ er pttbie region.
ii. IItIIIlM btltt6ek.
iii. IIumllfi f,mllle bIell3t bele" a point imme:ðiatel) !!be. e: the: tðfl of the areola.
2. IIwnan m!t!e: genitals in a àiseernibly ttttgià stilt<:, e:.en if eomplete1) llfið el'a'ltrely
eöVefed-.
b.
Specified scxtttt: aeH,ities shill! mean all efthe relle.ling.
1. IIumM genitftls in a stMe: ef se:xllal stimlliation or IIIOIISal.
2. Aets of hlllmm ID!l3turbfttiôn, sexllal imeree>1:1f'3e: 6r sodon}) .
J. Fonàling 6r ether elotie tellernng ofhtönllfi genit¡¡ s, pttbie: region, bl:lttoek or brell3t.
(2) Adtä hððXstðle shall melt!. 1111 establishment "hie:h in "hok or in ponien tfteleof hit'! a
substantial or significant pôrtiel1 ðf its st6ek IIIlà trade beeks, nlagmne:s or oth.::¡ periodieals,
"hieh 1IIe: di:!tingllisl1eà 01 el1l11aeteri¡:ed b) M e:mphasis 6n ft1fttter depicting, deseribir.g or
relfttil1gtô "3I'eeifiedseJftlft! acti.ities" or "3I'et:ifiedanMomieal 1II'C1I3" llfià ..hiehexellldesminofS
b) . irttre: ðf age:.
ß7ill
Adult cttbttret entertainment shall mean a cabaret, nightclub or other establishment which
features go-go dancers, exotic dancers, strippers, male or female impersonators, similar
entertainers or attendants, who are so clothed or dressed as to emphasize "specified
anatomical areas" and/or whose performances or other activities include or mimic "specified
sexual actiyities" (defined below) and which establishment excludes minors by yirtue of age.
and shall mean any of the adult entertaimnent establishments as defined in section 9-71(A)
and (8) of the FWCC.
ill Panarama and veevshow shall mean as defined in section 9-710) and (J) of the FWCC.
ill Adult retail shall mean a retail establishment which. for money or any other form of
consideration. either:
ih Has as one of its principal purposes to sell. exchan!!:e. rent. loan. trade. transfer. and/or
provide for viewin!!:. off the premises. any adult oriented merchandise: or.
Exhibit A; page 2
12,
Provides. as its substantial stock in trade. for the sale. exchallize. rental. loan. -trade. transfer.
and/or for yiewing or use. off the premises. anv adult oriented merchandise.
Adult oriented merchandise shall mean anv goods. products. commodities. or other wares.
including but not limited to. videos. CD Rom's. DVD's. magazines. books. pamphlets. posters.
cards. periodicals. or non-clothing novelties which depict. describe. or simulate specified
anatomical areas or specified sexual actiyities (defined below).
Specified anatomical areas shall mean the following:
!h Less than comoletelv and opaQuelv coyered human genitals. anus. pubic region buttock. or
female breast below a point immediatelv aboye the top of the areola: or
12, Human male genitals in a discerniblv turgid state. even if comoletelv and opaQuelv covered.
Specified sexual activities shall mean anv of the following:
!h Human genitals in a state of sexual stimulation or arousal:
12, Acts of human masturbation. sexual intercourse. sodomv. oral copulation. or bestiality: or
£, Fondling or other erotic touching of human genitals. pubic region. buttocks. or female
breasts. whether clothed. of oneself or of one person bv another: or
~ Excretory functions as part of or in connection with anv of the actiyities set forth in this
section.
Activities and uses defined as adult entertainment> actiyity> retail. or use are only pennitted in the zone
where that tenn is specifically listed as an allowable use and only in confonnance to the requirements
as stated for that use.
B. The following section shall be added to Chapter 22:
Sec. 22-338.2. Nonconforminl!: adult entertainment. activity. retail. or use.
Anv adult entertainment. activity. use. or retail use located within the city limits on the effective date
of this code which are either made nonconfonning bv this code or which are existing nonconfonning
uses shall be tenninated within one (I) vear: provided. however. that such tennination date mav be
extended upon the approval of an application filed with the city's Community Develooment Director
within 120 davs of the effective date of this code provision reQuesting an extension to such one (I) vear
amortization period. The director's decision on whether or not to approve anv extension period and the
length of such period shall be based upon the applicant clearlv demonstrating extreme economic
hardship based upon an irreyersible financial investment or commitment made prior to February I.
1999. which precludes reasonable alternative uses of the subject property.
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EXHIBIT C
See. 22-763. Adult entertainment. activitY. retail. or use ("Adult Uses").
The foIlowißl! uses shall be œrrnitted in the communitv business (BC) zone subject to the rel!Ulations and nJ1tes set furth in this section;
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(0nI.I'o.90-43121SO.45) 2.27.90. 0nI.I'o.93-170 17Œ>tþ-B) 4-20-93' Ordl'.. 96-270 15 2-7-96: Ordl'o. 97-291 13 4-1-97)