CITY OF RENTON COUNCIL AGENDA BILL

Subject/Title: Meeting:
Moratorium on the Permitting of Adult Regular Council - 01 Mar 2010
Entertainment Businesses

Exhibits: Submitting Data: Dept/Div/Board:

Issue Paper Community and Economic Development
Resolution
Staff Contact:
Vanessa Dolbee, x7314

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 current adult entertainment ordinance is over 25 years old and has not recently been studied or
reviewed comprehensively during that time. Currently, adult entertainment businesses may be generally
located in the Employment Area Valley (EAV). This area of the City has substantially changed over the
last 25 years. The impacts of an adult entertainment business on other businesses and the current land
use pattern of the EAV has not been evaluated or considered under the existing ordinance. Given the
passage of time from the existing ordinance and today, it is in the best interest of the City to study the
area and evaluate the impacts, if any, and to assess whether any changes or measured appropriate
action is necessary to the existing ordinance.

STAFF RECOMMENDATION:
Adopt a resolution declaring a moratorium on the permitting of adult entertainment businesses and
setting a public hearing date of March 22, 2010 to consider public testimony.
 DEPARTMENT i
AND ECONOMIC DEV&tef* M0fri_^^ Q«B

M E M O R A N D U M

DATE: February 22, 2010

TO: Don Persson, Council President

Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Alex Pietsch, Administrator (x 6592)
STAFF CONTACT: Vanessa Dolbee, Acting Senior Planner (x7314)
SUBJECT: Moratorium on the Permitting of Adult Entertainment
Businesses

ISSUE:
Should the City of Renton issue a moratorium on the permitting of adult entertainment
businesses, until which time the current ordinance has a chance to be studied and
reviewed to evaluate the impacts of such uses?

RECOMMENDATION:
Staff recommends the City Council issue a moratorium via resolution on the permitting
of adult entertainment businesses.

BACKGROUND SUMMARY:
The current adult entertainment ordinance is over 25 years old and has not recently
been studied or reviewed comprehensively during that time. Currently, adult
entertainment businesses may be generally located in the Employment Area Valley
(EAV). This area of the City has substantially changed over the last 25 years. The
impacts of an adult entertainment business on other businesses and the current land
use pattern of the EAV has not been evaluated or considered under the existing
ordinance. Given the passage of time from the existing ordinance and today, it is in the
best interest of the City to study the area and evaluate the impacts, if any, and to assess
whether any changes or measured appropriate action is necessary to the existing
ordinance.

CONCLUSION:
The proposed moratorium would be on the issuance of any business license or other
permit for an adult entertainment venue. A public hearing will be set to accept public
testimony on whether or not the City should continue this moratorium. The moratorium
would be in place for a period of six months with the option to continue such
moratorium. During this six month period, the Community and Economic Development
(CED) Department and the City Attorney will survey existing evidence to determine what

h:\ced\city council\issue papers\2010\adult entertainment moratorium\issue paper.doc

Don Persson, Council President
Page 2 of 2
February 22, 2010

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,
consider alternatives, provide a reasonable means to accommodate access to protected
expression, such that any regulation ultimately adopted is a reasonable time, place and
manner restriction. CED and the City Attorney are to make recommendations to the City
Council, or subcommittee, on regulations that could be adopted to satisfy these goals.

cc: Jay Covington -Chief Administrative Officer

Alex Pietsch - CED Administrator
Gregg Zimmerman - Public Work Administrator
Neil Watts - Development Services Director
C. E. "Chip" Vincent - Planning Director
Suzanne Dale Estey- Economic Development Director
Jennifer Henning - Current Planning Manager
Vanessa Dolbee - Acting Senior Planner
 CITY OF RENTON, WASHINGTON

RESOLUTION NO.

A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING A

MORATORIUM ON THE PERMITTING OF ADULT ENTERTAINMENT BUSINESSES,
AS DEFINED IN CITY CODE, WITHIN SPECIFIC GEOGRAPHICAL AREAS,
ESTABLISHING A PUBLIC HEARING DATE, AND ESTABLISHING A TERMINATION
DATE FOR THE MORATORIUM.

WHEREAS, the City of Renton presently has an ordinance regulating adult motion

picture theaters, nude dancing establishments, and similar adult uses, as defined in Chapter

5-12 RMC; and

WHEREAS, this current adult entertainment ordinance is over 25 years old and has not

been recently studied or reviewed since then; and

WHEREAS, the valley area locations where an adult entertainment business may locate

have substantially changed in those 25 years; and

WHEREAS, a new adult entertainment business venue is to be opened within the City of

Renton; and

WHEREAS, the opening of such business may result in negative secondary effects of the

business or similar businesses; and

WHEREAS, given the passage of time, it is in the best interest of the City to study the

area and evaluate the impacts, if any, and to assess whether any changes or measured

appropriate action is necessary; and

WHEREAS, this moratorium resolution is prospective in its application; and

WHEREAS, the City of Renton does not intend, by this resolution, to impermissibly

impact any party's free speech or expression rights; and

 RESOLUTION NO.

WHEREAS, the purpose of this resolution is to provide, after appropriate study, 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 wishes to have adequate time to re-evaluate existing

conditions to determine whether or not there is a substantial governmental interest in

modifying the existing land use regulations and to determine whether or not any negative

secondary effects that the City may determine, by such re-evaluation, are reasonably related to

these land uses and whether or not reasonable regulations imposed upon such land uses would

mitigate any negative secondary effects of such land use; and

WHEREAS, the City of Renton does not intend to adopt any additional requirements or

changes to regulating adult entertainment businesses until it has established the existence of

negative secondary effects relating to such land uses; and

WHEREAS, the City of Renton wishes to establish by this study the least restrictive

means available by which the City map regulates this type of use;

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. There is hereby declared a moratorium on the issuance of any business

license or other permit for an adult entertainment venue.

SECTION III. There is hereby established a public hearing date to accept public

testimony on whether or not the City should continue this moratorium.

 RESOLUTION NO.

SECTION IV. This moratorium shall be in place for a period of six (6) months, which

moratorium may be extended or renewed for one or more six (6) 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 (6) month moratorium, the City Attorney Department 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 expression such that any regulation ultimately adopted is a

reasonable time, place and manner restriction. The City Attorney Department 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.

PASSED BY THE CITY COUNCIL this day of , 2010.

Bonnie I. Walton, City Clerk

APPROVED BY THE MAYOR this day of , 2010.

Denis Law, Mayor

Approved as to form:

Lawrence J. Warren, City Attorney

Publication Date:
 RESOLUTION NO.

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