HomeMy WebLinkAbout2858 Establishing a Moratorium on Filing Applications for Licenses, Pemits and Approvals for Adult Businesses
ORDINANCE 2858
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ESTABLISIDNG A MORATORIUM ON THE FILING OF APPLICATIONS
FOR LICENSES, PERMITS AND APPROVALS FOR ADULT BUSINESSES
WHEREAS, the City has detennined to develop licensing and business regulations for adult
businesses; and
WHEREAS, the City needs time to consider properly and carefully the potential location
and regulation of adult businesses; and
WHEREAS, based on a wide range of testimony and documents presented to other cities
and counties by law enforcement officers and the public, the City Council finds that adult
businesses, although afforded some constitutional protection, often result in undesirable secondary
effects, including criminal and other unlawful activities such as prostitution, narcotics and liquor
law violations, breaches of the peace, assaults and sexual contact between entertainers and patrons;
and
WHEREAS, the City Council finds that the City's land use integrity and planning process
will suffer significant harm unless applications for licenses, permits and approvals for adult
businesses are prohibited until the planning process is completed; and
WHEREAS, the City Council finds that protection of the health, safety and welfare supports
establishment of a moratorium on applications for licenses, permits and approvals for adult
businesses; and
WHEREAS, RCW 35A.63.220 relating to Code cities like Port Townsend and 36.70A.390,
a section of the Growth Management Act (Ch. 36.70), authorize the City to adopt a moratorium on
development permits and approvals for adult businesses and thereafter to hold a public hearing on
the moratorium within 60 days of the commencement ofthe moratorium; now, therefore
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Moratorium Established. A moratorium is imposed upon the filing with the
city or the courts of any applications for licenses, permits and approvals for "adult entertainment
facilities." "Adult entertainment facilities" are defined for purposes of this ordinance in Exhibit A,
attached hereto and incorporated by reference.
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
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Ordinance 2858
SECTION 3. Effective Date. This Ordinance shall take effect immediately after passage.
Publication of this ordinance shall be by summary thereof consisting of the title.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this third day of May, 2004.
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Catharine Robinson, Mayor
Attest:
Approved as to Form:
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John P. Watts, City Attorney
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Ordinance 2858