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HomeMy WebLinkAbout4838 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDZHA~I'CB ~0. 4838 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE CONTINUATION OF A MORATORIUM ON ADULT ENTERTAINMENT UNDER ORDINANCE NO. 4824. WHEREAS, the City Council passed Ordinance No. 4824 on December 18, 1995, which established a moratorium on adult entertainment; and WHEREAS, pursuant to RCW 36.70A.390, the City Council held a public hearing on February 5, 1996 on tile subject of the moratorium of Ordinance No. 4824; and WHEREAS, after hearing testimony at the public hearing the City Council set forth Findings of Fact on the subject of the moratorium to justify the continued imposition of the moratorium; and WHEREAS, a work plan is developed for related studies to authorize the moratorium for one (1) year; and WHEREAS, the City Council found that there have been recent significant changes and growth in the types of businesses in the community and that the proper sitting of adult entertainment in the community needs to be reevaluated to determine appropriate locations that would provide a location of the subject business and minimize damage to public health, safety and welfare; and Ordinance No. 4838 February 6, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the City Council finds that the existing ordinances dealing with adult entertainment do not satisfactorily address the sitting issue in view of recent Supreme Court rulings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. In accordance with Ordinance No. 4824 the City Council has conducted a public hearing and does adopt the Findings of Fact as set forth above to justify the continuation of the moratorium on adult entertainment as set forth in Ordinance No. 4824 for a period of one (1) year from the effective date of Ordinance No. 4824 or until new land use and/or business licensing regulations governing the location and operation of adult entertainment uses and businesses take effect, whichever is sooner. Section 2. SEVERABILITY: If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or work of this ordinance. Ordinance No. 4838 February 6, 1996 Page 2 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 1 2 3 4 5 6 ? 8 9 seotion ~. such administrative procedures as may out the directions of this legislation. Section 4. This Ordinance shall take effect and force five (5) days from and after its passage, publication, as provided by law. The Mayor is hereby authorized to implement be necessary to carry be in approval and INTRODUCED: February 20, 1996 PASSED: February 20, 1996 Febl~a~y 20, 1996 APPROVED: ATTEST: CHARLES A. BOOTH MAYOR l%6~f~//~Cf~W~/, Danielle E. Daskam, Deputy city Clerk APPROVED AS TO FORM: ~olds, City Attorney Published: Ordinance No. 4838 February 6, 1996 Page 3