Res 98-276
RESOLUTION NO. 98-276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIllNGTON, ADOPTING FINDINGS OF FACT
AND RENEWING A MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING
AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR
ADULT ENTERTAINMENT AND ADULT RETAIL USES,
WHEREAS, the Federal Way City Council has previously determined, 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-E..li 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 does 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; and
WHEREAS, the citizens of Federal Way would be well served if City Council
members and city staff performed additional analysis on the 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 retail uses, and to prepare draft code
amendments to the FWCC addressing the negative 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. 98-276, 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 after considering all written comments and public testimony
received at the hearing, as well as materials presented by staff at the hearing, the City Council
adopted Findings of Fact and continued the moratorium until August 16, 1998; and
WHEREAS, as a result of research and analysis performed during the moratorium,
the City has concluded that adult entertainment, including adult retail uses and bookstores, has
negative secondary effects and that code amendments are necessary to the FWCC to address such
effects; and
WHEREAS, in order to allow staff sufficient time to thoroughly analyze all of the
information staff has gathered during the six (6) month moratorium, to draft proposed code
amendments and to present such code amendments to the Federal Way Planning Commission, the
Land Use Transportation City Council Committee and the full City Council, staff is requesting
a six (6) month renewal to the adult moratorium; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 35.70A.390, a public hearing
was held on August 11, 1998 to consider renewing the moratorium for a six (6) month period; and
WHEREAS, the City Council has considered written comments and public
testimony received at the August 11, 1998 hearing, as well as all materials presented by staff; and
WHEREAS, RCW 35A.63.220 and RCW 36.70.390 provide that a city renewing
a moratorium shall adopt findings of fact prior to such renewal;
Res. No. 98-.1L~ Page 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section I
Findings 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, Resolution No. 98-268 and Resolution 98-270 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
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,
Res. No. 98- 276, Page 4
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 FWCC 9-71.A.
E. The City adopts by reference the studies from other cities that 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 adopts by reference the conclusions contained in such studies from other cities
that 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 has resulted in the decision 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 additional review of other studies on the
secondary effects of adult retail establishments is necessary to determine what regulations are
appropriate.
H. Staff will prepare draft code amendments as a result of its further review of such
studies to address the negative secondary effects of such adult uses for the City Council's
consideration and adoption.
r. A renewal of the moratorium established by City Resolution No. 98-268 and Resolution
No. 98-270 until February 12, 1999 is necessary to take such additional action.
Res. No. 98- 276, Page 5
Section 2
Recitals and Findings of Fact Incocporated. The recitals set forth on
pages 1-3 of this Resolution, and the Findings of Fact contained in Ordinance No. 95-241,
Resolution No. 98-268 and Resolution No. 98-270, 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
Renewal 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 be renewed for an additional six (6) month period.
Accordingly, the moratorium shall not expire until midnight on February 12, 1999.
Section 4 Work Plan. During the six (6) month extension, staff will continue its
analysis and review of studies and ordinances from other jurisdictions addressing the negative
secondary effects of adult businesses including adult bookstores. Staff will draft amendments to
the FWCC, including without limitation, Sections 9-71 through 9-134 covering licensing and
regulation of adult establishment businesses and the zoning charts contained in Chapter 22 of the
FWCC. The draft amendments will be presented to the Federal Way Planning Commission if
such amendments cover Chapter 22 of the FWCC and all amendments will be presented to the
Land Use Transportation City Council Committee and the full City Council for consideration and
adoption. The timing of the presentation of the amendments to the Planning Commission and City
Council will depend upon each body's existing work plan and available schedule. In the event
either the Planning Commission or City Council is unable to complete its review and adoption of
such amendments on or before February 12, 1999, staff will request an additional renewal of the
moratorium.
Res. No. 98- 276, Page 6
Section 5 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 6 Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 7 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 11th day of August, 1998.
CITY OF FEDERAL WAY
,%d
MA YOR, RO~NTZ
Res. No. 98-276, Page 7
APPROVED AS TO FORM:
~ LO~LL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 98- 276
August 11,1998
August 11,1998
K:IRESOIADULTENT.RNW
Res. No. 98-276, Page 8