Res 98-270
RESOLUTION NO. 98-270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING li1NDINGS OF FACT
AND CONTINUING A MORATORIUM ON THE ACCEPrANCE OF
APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING
AND DEVELOPMENT PERMITS, AND BUSINFSS LICENSES, FOR
ADULT ENTERTAINMENT AND ADULT RETAIL USES.
WHEREAS, the Federal Way City Council has previouslydeterrnined, based on
public testimony and other evidence and through findings of fact detailed in Ordinance No. 95-
241, that adult entertainment uses cause secondary effects that are detrimental to the public health,
safety, morals and general welfare of the citizens of Federal Way; and
WHEREAS, there are present within the City of Federal Way several adult retail
establishments (a subset of adult entertainment uses), whose stock in trade is devoted in whole or
in substantial or significant part to books, magazines, cards, pictures, periodicals, prerecorded
video tapes, disks, film or other such media, instruments, devices, equipment, paraphernalia, toys
and novelties, games, clothing or other merchandise which are distinguished or characterized by
an emphasis on matter depicting, describing or relating to specified anatomical areas, specified
sexual activities, and sexual conduct, as those terms are defined in Federal Way City Code
("FWCC") 9-71.A; and
WHEREAS, there is evidence that the City could, in the near future, receive
applications for adult entertainment or adult retail uses that would significantly increase the
Res. No. 98-.zn¡, Page 1
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amount of square feet of commercial space characterized by such uses and located with the City
Center Core and Frame; and
WHEREAS, the FWCC may not currently adequately address the various impacts
to public health, safety, morals and general welfare that these uses present; and
WHEREAS, other cities in the surrounding Seattle-Tacoma metropolitan region,
and elsewhere in the country, have adopted ordinances regulating adult entertainment and adult
retail uses, based upon evidence of the negative secondary effects of such uses;
WHEREAS, the citizens of Federal Way would be well served if City Council
members and city staff more fully addressed and understood the potential negative secondary
effects, in the form of health, safety and economic and aesthetic impacts, these uses impose upon
neighboring properties and on the community as a whole; and
WHEREAS, the City needs to review existing information on the negative
secondary effects of adult entertainment and adult retai1 uses, and to review the City's Code and
ordinances in a comprehensive fashion to determine whether they sufficiently address the
secondary effects of such uses; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 authorize cities to adopt
moratoria provided a public hearing is held within sixty (60) days of adoption; and
WHEREAS, on February 17, 1998 the City adopted Resolution No. 98-268,
imposing a moratorium upon the acceptance of all applications for and issuance of business
licenses, building permits, land use permits, or other licenses or permits under the FWCC for
adult entertainment or adult retail uses, until additional review has been completed and any
necessary code revisions have been adopted by the Federal Way City Council; and
Res. No. 98-1.ZD, Page 2
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city adopting
a moratorium shall adopt findings of fact immediately after the public hearing held within sixty
(60) days of adoption of the moratorium; and
WHEREAS, a public hearing was held on Tuesday, April 7, 1998 before the
Federal Way City Council; and
WHEREAS, the City Council has considered written comments and public
testimony received at the hearing, as well as materials presented by staff at the hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1 Findin~s of Fact. The Federal Way City Council hereby adopts the
following Findings of Fact:
A. The City has determined previously, through public testimony and the receipt of other
evidence, that adult entertainment uses cause adverse secondary effects that are detrimental to the
public health, safety, morals, protection of minors and the general welfare of the citizens of
Federal Way.
B. Many of those adverse secondary effects are summarized in the findings of fact
contained in Ordinance No. 95-241, and Resolution No. 98-268 which are incorporated herein by
this reference. Those adverse secondary effects include significant criminal activity not limited
to prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations,
breaches of the peace, tax evasion and harboring of persons with outstanding arrest warrants.
C. Those adverse secondary effects also include public sexual conduct on the premises of
adult entertainment businesses, which can facilitate prostitution and related crimes. Such conduct
Res. No. 98-270 , Page 3
also causes substantial public health and safety concerns, not limited to the spread of sexually
transmitted diseases.
D. The City has reviewed studies from other cities concerning the adverse secondary
effects arising from adult retail establishments (a subset of adult entertainment uses), whose stock
in trade is devoted in whole or in substantial or significant part to books, magazines, cards,
pictures, periodicals, prerecorded video tapes, disks, film or other such media, instruments,
devices, equipment, paraphernalia, toys and novelties, games, clothing or other merchandise
which are distinguished or charncterized by an emphasis on matter depicting, describing or relating
to specified anatomical areas, specified sexual activities, and sexual conduct, as those terms are
defined in the Federal Way City Code ("FWCC") 9-71.A.
E. The City is concerned that the studies from other cities conclude that adverse secondary
effects from such adult retail establishments include increased crime rates, depreciation of property
values, deterioration of community character, and a decrease in the quality of life.
F. The City is also concerned that the studies from other cities conclude that such adult
retail establishments tend to concentrate in certain areas, and that the proximity of those
establishments to sensitive uses such as schools, residential zones, places of religious worship and
parks result in similar or increased adverse secondary effects.
G. Although reliance on these studies may result in decisions by the City to regulate the
location of such adult retail establishments, the City believes that the characteristics of such
establishments within the City may have an impact on the type and manner of regulation which
the City chooses to employ. The City finds that its own study of such adult retail establishments
may be necessary to properly determine what regulations are appropriate. The City finds that
Res. No. 98-.2.Zß Page 4
additional review of such other studies on the secondary effects of adult retail establishments is
necessary to determine what regulations are appropriate.
H. A continuation of the moratorium established by City Resolution No. 98-268 until
August 16, 1998 is necessary to take such additional action.
Section 2
Recita1~ and Findinlr~ of Fact Incotporated. The recitals set forth on
pages 1-3 of this Resolution, and the findings of fact contained in Ordinance No. 95-241 and
Resolution No. 98-268, are incorporated as if fully set forth herein and are hereby adopted as
additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact
adopted in Section 1 of this Resolution.
Section 3 Continuation of Moratorium Based on the Findings of Fact adopted
in Sections 1 and 2 above, the City Council hereby determines that it is necessary for the
moratorium enacted in Resolution No. 98-268 to remain in effect for the entire 18o-day period
set forth in Resolution No. 98-268. Accordingly, the moratorium shall not expire until midnight
on August 16, 1998, unless the moratorium is shortened or extended by action of the City
Council.
Section 4 Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 5 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Res. No. 98-.2.Z!), Page 5
Section 6 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ßy of April, 1998.
CITY ¿(BRAL WAY
Øt~
MÃYOR, RON GINTZ
ATTEST:
~. ~, Achm-
CITYC . CHRISTlNEGREEN, CMCq
APPROVED AS TO FORM:
~r- ~
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 98-
K,\RESOITADULTENT.FOF -
03-31-98
04-07-98
98-270
Res. No. 98-270 , Page 6