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Ordinance 2138-96
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Ordinance 2138-96
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3/21/2017 10:12:52 AM
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Ordinances
Ordinance Number
2138-96
Date
4/12/1996
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op; <br /> ORDINANCE NO. 2 3 8 - 9 b <br /> AN ORDINANCE establishing a moratorium on the acceptance of <br /> applications for or issuance of any license, permit or approval for <br /> public places of adult entertainment and adult use businesses in order <br /> to allow study of this issue: and declaring an emergency to exist. <br /> WHEREAS, the City Council does find: <br /> 1. Following extensive review, in 1986 the City adopted zoning regulations <br /> pertaining to adult use businesses based upon their secondary adverse impacts <br /> on the community: and <br /> 2. Said zoning regulations were intended to protect and provide safety to certain <br /> sensitive land uses from the secondary adverse impacts of adult use businesses; <br /> and <br /> 3. Said regulations with revisions have been in effect since their inception; and <br /> 4. The City's zoning regulations for adult use businesses are being challenged in <br /> Wallock v. City of Everett. While the court found the City's zoning regulations <br /> to be supported by a substantial and compelling governmental interest, the <br /> regulations continued to be challenged by Wallock on other grounds. The judge <br /> has just rendered a decision in this case which decision is adverse to the City; <br /> and <br /> 5. The City receives business inquiries concerning existing regulations relating to <br /> sexually oriented adult entertainment businesses and various licensing and permit <br /> applications relating to such businesses; and <br /> 6. Absent the existence of such adult use zoning regulations, the City cannot <br /> regulate these businesses and the secondary adverse impacts of these businesses <br /> through the use of separation requirements: and <br /> 7. These secondary adverse impacts pose a threat to the public health and safety; <br /> and <br /> 8. Since 1985_ the City has had licensing regulations for adult entertainment <br /> establishments. Other communities have included in such regulations standards <br /> addressing distance requirements between entertainer and patron, identification <br /> of point of payment, and certain lighting and security which the City's licensing <br /> regulations do not contain. Further. there are decisions currently pending before <br /> 1 <br />
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