HomeMy WebLinkAboutItem VIII-A-1WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Regulation of Sexually Oriented Businesses
Department: Planning/Legal Attachments: Ordinance No. 5835
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5835.
Date: June 2, 2004
Budget Impact:
Backor6und summary:
Current City Code provisions do not include a comprehensive regulation of sexually oriented businesses.
While some portions of the City Code do address some sexually oriented businesses, some of those
businesses (or potential businesses - businesses that could, depending on how they are defined, fit
within what might be described as sexually oriented businesses) are left out of the regulations. In order to
adequately address the concerns that may be involved with such businesses, and in order to be assured
that they have the time to do so, the City Council adopted a Resolution 3436, imposing a moratorium
preventing any new such businesses from locating in Auburn until the City had the chance to develop the
more comprehensive regulatory ordinance. That Resolution also included certain findings and set forth a
work plan to work toward the more comprehensive regulatory ordinance. Because this task was a
significant charge and handling the tasks involved took substantial time commitments, the moratorium
was extended and its findings reaffirmed in Resolution Nos. 3569 and 3633. These Resolutions and their
related materials are part of the legislative record for this Ordinance.
Per the work plan, the City of Auburn Planning Commission, the body charged with responsibility for an
initial review and development of ordinance proposals and charged with responsibility for holding a public
hearing on the ordinance proposals and for bringing to the City Council its recommended Ordinance,
made a detailed review of numerous pertinent items of information, including studies from New York City,
Indianapolis, San Diego and Los Angeles, as well as studies of other cities in the State of Washington
and elsewhere. The Planning Commission also reviewed police records of various cities, and court
decisions of courts in Washington and across the country, regarding sexually oriented business
A0607-2 03.4.2.1.2
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMI'i-rEES:
[] Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board []Public Works
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Legal [] Police
[] PublicWorks [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes E]No
Referred to Until
Tabled Until
Call for Public Hearing
/ /
/ /
/ /
Councilmember: Singer
Meeting Date: June 7, 2004
Staff: Krauss/Heid
Item Number: VIII.A. 1
AUBURN ~k MORE THAN YOU IMAGINED
Aqenda Subject: Regulation of Sexually Oriented Businesses Date: June 2, 2004
establishments. These materials indicated that sexually oriented business establishments regularly entail
vigilant efforts by public safety agencies to keep a check on what goes on in these businesses in order to
protect and preserve the health, safety, and welfare of the patrons and employees of said business as
well as the citizens of the City. They also identified legitimate concerns that sexually oriented business
establishments, due to their nature, have (or have the potential for) secondary adverse impacts upon the
health, safety, and welfare of the citizenry through increases in crime and opportunity for spread of
sexually transmitted diseases, and concerns about crime and public sexual activity generated and/or
occurring within or nearby the sexually oriented business establishments.
These materials presented substantial and compelling concerns that warrant reasonable City regulation.
The materials also include convincing, documented evidence that sexually oriented business
establishments may have a detrimental effect on both the existing businesses around them and the
surrounding residential areas adjacent to them, causing increased crime, the downgrading of quality of
life and property values and the spread of urban blight.
These materials and the accompanying studies indicate that reasonable regulation of the location of
sexually oriented business establishments would provide for better protection of the community,
protecting residents, patrons, and employees from the adverse secondary effects of such establishments.
These materials and the cases law dealing with these issues recognize that sexually oriented business
establishments, due to their very nature, have serious objectionable operational characteristics,
particularly when located in close proximity to residential neighborhoods, day care centers, religious
facilities, public parks, and schools, and that they have (or have the potential of having) a deleterious
impact upon the quality of life in the surrounding areas.
It has been acknowledged by courts in this state and across the nation that local governmental entities
have special concerns in regulating the operation of such businesses under their jurisdiction to ensure the
adverse secondary effects of the establishments are minimized. For that matter, the courts of
Washington State and the courts of other states as well as the federal courts have clearly recognized that
certain uses (residential neighborhoods, religious facilities, public parks, schools, etc..- those uses
mentioned above) deserve protection from close proximity to sexually oriented business establishments,
and reasonable regulations toward that end are appropriate to protect the general public h~ealth, safety,
and welfare of the citizenry of the City through the regulation of the location of sexually oriented business
establishments, and the regulations set forth herein aro intended to control health, safety, and welfare
issues, the decline in neighborhood conditions in and around sexually oriented business establishments,
and to isolate dangerous and unlawful conduct associated with these facilities.
The documentation collected and compiled in connection with the Planning Commission's review of
relevant materials filled a large binder, which materials are available for review by the City Council, and
which are also a part of the legislative record for this Ordinance, available for review by the City Council.
The Planning Commission scheduled and met a number of times, including on November 6, 2002,
December 3, 2002, January 22, 2003, February 4, 2003, March 4, 2003, May 6, 2003, June 3, 2003, July
8, 2003, August 5, 2003, September 9, 2003, November 6, 2003, February 3, 2004, and Maroh 2, 2004,
to consider and discuss various proposals and options for ordinances and to review draft ordinances.
(The February 3, 2004, meeting was also the meeting at which a public hearing was noticecl and held, at
which statements and comments of members of the public were able to address their thoughts and
concerns about the subject.) At those meetings, the Planning Commission considered ordinances of
other jurisdictions, and considered the compiled studies and reports relative thereto, and further
considered different options and proposals for a Sexually Oriented Business Ordinances for the City of
Auburn, in which options and proposals included, but were not limited to, amortization approaches versus
pro-existing nonconforming use status (grandfathering), as well as various levels and percentages of
business activities, in defining what constitutes a sexually oriented business. These issues also factored
into options regarding what uses warranted protection by a separation buffer, and how wide that
protective buffer should be - could be, in light of legal requirements dictated by State and Federal Court
Page 2 of 3
A(~enda Subiect: Regulation of Sexually Oriented Businesses Date: June 2, 2004
decisions that say a city may not prohibit such uses, although it may reasonably regulate where they may
be located - so long as the opportunity exists for their location within the city.
Along with appropriate SEPA review, and review of the ordinance language by the Washington State
Department of Community Trade and Economic Development and other State agencies (per RCW
36.70A.106), the Planning Commission held a public hearing on the 3rd day of February, 2004, as noted
above, to consider the proposed ordinance and its options, and received comments from the public on
these issues, prompting the Planning Commission to make its recommendations to the City Council.
It was ultimately decided by the Planning Commission that the recommended Ordinance it was bringing
to the City Council would include a pro-existing nonconforming use (grandfathering) approach for existing
businesses, a buffer distance (around protected uses) of 1,000 feet, and 10% measures (portions
involving sexually oriented merchandise, inventory and/or revenue) of a business in order to determine
whether it was defined as a sexually oriented business and thus covered by the regulations.
Also, in order to meet the parameters of the court decisions regarding the City's obligation to make suro
that there is a sufficient opportunity in the community for this "alternate form of expression" (the court's
terminology), one of the other changes plugged in to the new Ordinance is the change in the
permissiveness for sexually oriented businesses in the code, from a conditional use permit (CUP) to
outright "Permitted." This helps to assure that the level of that availability is not illusory or pretend, yet at
the same time, affording protections (the 1,000 foot buffer) to those uses deserving such protections.
Also included is a to-print of a memorandum originally dated March 4, 2004, addressing some of the legal
limitation on regulations of sexually oriented businesses.
A0607-2
03.4.2.1.2
Page 3 of 3
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
PETER B. LEWIS, MAYOR, and
THE AUBURN CITY COUNCIL
DANIEL B. HELD, CITY ATTORNEY ~
SEXUALLY ORIENTED BUSINESS REGULATION
BACKGROUND FOR MORATORIUM
JUNE 2, 2004 (re-print of a Memo dated MARCH 4, 2002)
In connection with the issue of whether the City Council should adopt a moratorium on sexually
oriented businesses while it studies future regulation, the following information may be helpful:
GOVERNMENTAL INTEREST IN SEXUALLY ORIENTED BUSINESS REGULATION.
There have been a number of cases recently decided by state and federal courts which continue to add
some uncertainties to the question of what cities may do to regulate sexually oriented businesses.
Part of the uncertainties stem from recognition by the courts that certain rights are protected and certain
rights are more protected than others. For instance, free speech is granted greater protection than other
types of rights.
The Washington State Supreme Court and the United States Supreme Court, as well as many other
courts across the land have addressed sexually oriented business issues.
In a case that went before the United States Supreme Court, Barnes v. Glenn Theatre Inc., 501 U.S.
560, 115 L. Ed. 2d 504, 111 S. Ct. 2456 (1991), the prevailing decision was that enforeement of an
Indiana State public indecency statute which prevents totally nude dancing does not violate the First
Amendment's Guarantee of Freedom of Expression. However, most of the judges (all but one) agreed
that an interest in fully engaging in nude dancing is subject to a degree of First Amendment protection.
It should also be noted that a number of decisions in the State of Washington have indicated that
constitutional questions decided by the United States Supreme Court (or other federal courts) that
restrict constitutional protections may not have as much weight in the State of Washington since the
Washington State Supreme Court has held that Washington's Constitution affords "greater protection"
than that provided by the United States Constitution.
Over the years, the courts have indicated in a number of decisions that cities may contsider negative
secondary effects of sexually explicit adult entertainment in considering whether or how to restrict adult
entertainment/sexually oriented businesses. In the United States Supreme Court case of Playtime
Theatres Inc. v. City ofRenton, 475 U.S. 1132, 106 S. Ct. 1663 (1985), the court held that the City of
Renton was authorized to restrict the location where sexually oriented businesses could be sited,
through city zoning codes. However, even though the Supreme Court of the United States upheld the
Renton zoning code restrictions, the court indicated that the right to restrict to certain zones does not go
so far as to constitute the right to totally eliminate sexually oriented businesses from the .city. The court
held that the "content neutral" time, place and manner regulations are acceptable so long as they are
designed to serve a substantial govemmental interest and do not unreasonably limit alternative avenues
of communication.
Memo to: Peter B. Lewis, Mayor, and AubumCity Council
From: Daniel B. Heid, City Attorney
Subject: Sexually Oriented Business Regulation- Background for Moratorium
Date: June 2, 2004 (re-print of a Memo dated March 4, 2002)
Page - 2
In another ,locai" case, World Wide VMeo, Inc., v. City ofTukwila, 117 Wn. 2d 382, 816 P. 2d 18
(1991), the State Supreme Court held that Tukwila failed to meet the "substantial governmental
interest" portion of the test needed for acceptance, as it had not shown that the adult businesses affected
by its ordinances with predominantly "take-home" merchandise, have the same harmful secondary
effects traditionally associated with adult movie theatres and peep shows. (It seems somewhat
confusing to me that the court reached that specific conclusion in the Tukwila case since the Tukwila
World Wide Video's "Book Store" had eight [8] peep shows on its premises.)
Ironically, the court did not allow Tukwila to argue the secondary effects of neighboring communities
even though the City of Renton was seemingly allowed to do so in its earlier case.
In its relatively recent decision in Ino Ino v. City of Bellevue, 132 Wn.2d 103, 937 P.2d 154, 943 P.2d
1358 (1997), the Washington State Supreme Court rejected First Amendment and ~M'ticle 1 (state
Constitution) challenges to a City of Bellevue code provision requiring that a dancer be separated
from a patron by four feet (4') during table or couch dances. After the Ino Ino decision, many cities
adopted adult entertainment regulations paralleling those upheld by the Court. Undecided by Ino
Ino, however, is the regulation of adult retail establishments which sell written materials, videos and
films protected by the First Amendment and Article 1, but do not provide on-premise
"entertainment" such as dancing, peep booths, and panorams.
LICENSING FEES.
Another source of regulation affecting sexually oriented businesses has been licensing ~:es. The courts
have, however, clearly indicated that reasonable fees would be allowed, but excessive fees would not be
permitted as a vehicle to impose regulations instead of going through the "substantial governmental
interest" test.
As the City of Aubum develops its sexually oriented businesses restrictions and applicable codes, it
would need to do so carefully since the development of and support for substantial governmental
interests may require evaluating the secondary effects suffered within the community, and (if the court
would allow it) borrowing from other, neighboring cities, to bolster the argument justify~ag the methods
designed to further substantial governmental interest (without unreasonably limiting alternative avenues
of communication).
GENERAL LAND USE REGULATION (PROPERTY INTERESTS).
In addition to the more specific "sexually oriented businesses regulation" issues, the court would also
have to look at any type of land use regulation as potentially being challengeable as an tmconstitutional
taking without just compensation, or as a violation of substantive due process rights. According a
recent Washington State Supreme Court Case, Robinson v. Seattle, 119 Wn. 2d 34, 830 P. 2d 318
(1992), the first step in determining whether a "taking analysis" is available is a threshold inquiry
asking, first, whether the challenged regulation protects the public interest in health, safety, the
Memo to: Peter B. Lewis, Mayor, and Auburn City Council
From: Daniel B. Heid, City Attomey
Subject: Sexually Oriented Business Regulation - Background for Moratorium
Date: June 2, 2004 (re-print of a Memo dated March 4, 2002)
Page - 3
environment or fiscal integrity and, second, whether the regulation destroys or derogates any
fundamental attribute of ownership: the fights to possess exclusively, to exclude others and to dispose
of property interests.
Ifa regulations substantially advances legitimate state interests, then the court must determine whether
the particular challenge to the regulation is a facial challenge or a "as applied" challenge (as applied
refers to how the enfomement action is directed rather than the existence of language giving rise to the
enforcement action of a regulation).
In order for a person to establish unlawful taking (without compensation), he or she must demonstrate
that the regulation denies all economically viable use of the property. The court would look at the
economic impact of the regulation on the property, the extent of the mgulation's interference with
investment-backed expectations, and the character of the government action.
If the court determines that a taking has occurred, just compensation would be required.
If the regulation protects the public from harm (substantial governmental interest) and does not deny the
owner a fundamental attribute of ownership, it is insulated from a taking challenge.
However, challenges as to violations of due process would involve the court applying a three-prong test
as follows: (1) does the regulation aim at achieving legitimate public purposes; (2) does it use means
that reasonably necessary to achieve that purpose (no more than necessary); and, (13) is it unduly
oppressive on the property owner.
The "unduly oppressive" aspect does vest in the courts substantial discretion, and the courts generally
end up balancing respective fights and interests of the City (governmental entity) and the property
owner(s).
Although the Washington State Supreme Court has not yet, in its decisions, reach this conclnsion, there
have been cases, including one recent case by the United States Supreme Court, where the court held
that whenever land use restrictions deny a land owner of all economically viable use of his property,
compensation shall be mandated, unless the restriction is one that background principals of the state's
law of property and nuisance already plays upon ownership.
That decision seems to focus with greater attention questions of remaining economic viability of
regulated property.
SPECIFIC REGULATION OF ADULT RETAIL USES/BOOKSTORES
It is well settled that a city may use its authority to enact zoning and licensing regulations covering
adult uses to address the secondary effects of such activities. Renton v. Playtime Theaters, Inc, 475
U.S. 41, 47, 106 S.Ct. 925,929, 879 L.Ed. 2d 29 (1986). Those secondary effects may be adverse
impacts in the surrounding community (e.g. declining property values, neighborhood blight or
increased crime -- id.), or they may be unlawful activities or public health or safety dangers resulting
Memo to: Peter B. Lewis, Mayor, and AuburnCity Council
From: Daniel B. Heid, City Attorney
Subject: Sexually Oriented Business Regulation- Background for Moratorium
Date: June 2, 2004 (re-print of a Memo dated Mamh 4, 9002)
Page - 4
from an adult use. See Ino Ino, Inc. V. Bellevue, 132 Wn.2d 103, 128 (1997), citingRenton. The
Supreme Court has held, however, in World Wide Video, Inc. v. City of Tukwila, 117 Wn.2d 382,
816 P.2d 18 (1991), that secondary effects from some types of adult businesses cannot justify
regulation of all types of adult business.
In World Wide Video, the Court considered a 1988 City of Tukwila adult entertainment zoning
ordinance which allowed adult entertainment establishments only within the city's industrial zones,
and subject to certain buffer requirements including a requirement that adult uses be located at least
1,000-feet from residential zones, parks, churches, public libraries, other adult entertainment
establishments, and be located at least one-half mile from schools. The ordinance regulated not only
adult entertainment uses but adult retail and video stores which sold only "take home"' merchandise.
The ordinance defined an adult retail or video store as any store in which ten percent (10%) or more
of the stock in trade was sexually explicit material. The new ordinance had the effect of requiring
World Wide Video, an adult video sale and rental store with eight video panoram booths, to close or
move. As may have been predicted, World Wide sued.
At trial and on appeal, World Wide raised a number of challenges, including the claim that
Tukwila's definition of"adult video store" was overbroad and unsupported by Tukwila's claim that
such uses had secondary effects, given that none of the studies relied on by Tukwila identified any
secondary effects from adult retail establishments with primarily "take home" memhandise.
(Tukwila's studies concluded only that adult movie theaters and peep shows have adverse secondary
impacts). The court agreed with World Wide and struck down the ordinance, ruling that the
ordinance was overbroad and violated the First Amendment of the U.S. Constitution. The court held
that the ordinance was not "narrowly tailored" to affect only those adult entertainment uses known to
cause the harmful secondary effects; the court noted that the 10% definition could cover even
"mainstream" video stores. The court also held that Tukwila had not shown that stores offering
predominantly "take-home" memhandise present the same harmful secondary effects as adult movie
theaters and peep shows. In short, the ordinance failed because it did not narro~dy define the
regulated adult establishments and Tukwila did not provide evidence of secondary effects requiting
regulation.
Interpretations of World Wide Video differ widely, depending on the source. Adult retail and
bookstore owners will tell you World Wide Video stands for the proposition that cities may not
regulate adult retail uses with predominantly "take home" merchandise. This is absolutely incorrect.
What this case means is that, in order to regulate adult retail businesses, cities must first
appropriately define the adult use to be regulated, and must present a legislative record establishing
the secondary effects of the regulated uses.
RECENT POST-WORLD WIDE VIDEO CASES.
InlLQInvestments, Inc. v. City of Rochester, 25 F.3d 1413 (8th Cir.), cerL denied, 513 U.S. 1017
(1994), the Court considered a City of Rochester adult use zoning ordinance which prevented adult
uses including adult retail uses (book and video sales) from locating within certain distances of other
Memo to: Peter B. Lewis, Mayor, and Auburn City Council
From: Daniel B. Heid, City Attorney
Subject: Sexually Oriented Business Regulation- Background for Moratorium
Date: June 2, 2004 (re-print of a Memo dated March 4, 2002)
Page - 5
adult uses and certain "sensitive" uses (e.g. schools, residences, parks). The ordinance defined the
affected adult use businesses as those for whom a "substantial or significant portion" of their
business consisted of the sale of items depicting specified sexual activities or specified anatomical
areas. The city relied on several studies which found that adverse secondary impacts were
specifically attributable to adult bookstores. Among those impacts were higher crime, neighborhood
deterioration, lower property values and an increase in transients.
The owner of an adult bookstore challenged the ordinance as unconstitutional. Tl~te bookstore at
issue, the Downtown Book and Video Store, had forty percent (40%) or its floor space segregated for
"adults-only," where it sold sexually explicit books, magazines, and novelty items. The sales of the
adult items accounted for fifty percent (50%) of the store's total sales. The store had no on premise
peep booths or panorams and sold only "take-home" merchandise. The store owner alleged that the
portion of the adult business definition focusing on "substantial or significant portion" of the
business' merchandise was vague, and argued that the court should disregard the studies the city had
considered on the theory that none of the studies evaluated the secondary effects ,of a bookstore
having no facilities for on premises consumption. The Court rejected both of these challenges, and
held that the city was not required to prove that the bookstore in question would likely have the exact
same adverse effects on its surroundings as adult business involved in other studies. See ILQ
Investments, Inc. 25 F.3d at 1417.
Although the bookstore owner's challenge was similar to the challenge sustained in World Wide
Video, the outcome differed because the City more narrowly defined the affected businesses, and it
justified the ordinance with specific evidence of secondary impacts caused by adnlt retail and
bookstore businesses.
In Z.J. Gifts D-2, L.L.C.v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), the l0th Circuit Court of
Appeals addressed a 1994 City of Aurora ordinance regulating all sexually oriented businesses,
including adult bookstores, novelty shops and video stores. The ordinance required that sexually
oriented businesses locate in industrially-zoned areas and prohibited them fi.om locating within 1500
feet of churches, schools, residential districts, public parks and other sexually oriented businesses. Z.
J. Gifts operated a retail business which sold and leased adult videos and magazines for off-site
viewing only. Z.J. Gifts challenged the constitutionality of the City's ordinance. The Court
sustained the ordinance, and emphasized that three of the studies relied upon by the city (studies
conducted by the cities of Austin, Indianapolis and Whittier) had concluded that adalt bookstores
resulted in adverse secondary impacts on the surrounding communities. The Court also specifically
distinguished World Wide Video by noting that, unlike Tukwila's ordinance which regulated
businesses whose stock included only ten percent of sexually oriented merchandise, Aurora's
ordinance did not attempt to regulate businesses which have a minimal or nonexistent connection to
sexually oriented entertainment.
In another case, Stringfellow's of New York, Ltd. v. City of New York, 694 N.E. 2d 407 (N.Y. Ct. of
App. 1998), the state of New York's highest court upheld a New York City zoning ordinance
requiring all adult establishments to locate 500 feet from other adult uses, schools, churches,
Memo to: Peter B. Lewis, Mayor, and Auburn City Council
From: Daniel B. Heid, City A~orney
Subject: Sexually Oriented Business Regulation- Background for Moratorium
Date: June 2, 2004 (re-print of a Memo dated March 4, 2002)
Page - 6
residential uses and day care centers. The New York ordinance was specifically aimed at "cleaning
up" the city's Times Square area, and defined adult establishments to include aduk bookstores in
which a "substantial portion" of the premises is devoted to materials emphasizing specified sexual
activities or anatomical areas. The City relied upon studies conducted by its own planning
department, other New York City organizations, and other cities which found that all adult retail
establishments, including bookstores, created adverse secondary impacts on their nteighborhoods.
Among the adverse impacts were increased crime, depreciated property values, deteriorated
community character and quality of life. This case is significant because some of the studies the City
relied upon considered adult bookstores as a separate, specific use, and concluded that bookstores do
have secondary effects.
All of the foregoing cases were decided post-Tukwila and all upheld ordinances which regulate adult
bookstores, including adult bookstores selling only "take home" merchandise. Accordingly, a city
may regulate adult retail uses, including adult bookstores and adult video stores so long as the
ordinance narrowly defines the adult retail use and the city establishes a legilslative record
substantiating the secondary effects of such adult retail uses.
STUDIES OF SECONDARY EFFECTS.
Although not noted specifically in the adult retail use cases discussed above, the general rule is that,
in enacting legislation, cities are not required to rely solely on their own studies, but may look to and
rely on studies conducted by other communities and which support the proposed legis][ation. Renton,
475 U.S. at 51; InternationalFood and Beverage Systems v. Fort Lauderdale, 794 F.2d 1520 ( 11 th
Cir. 1986); Thames Enterprises, Inc. v. City of Salnt Louis, 851 F.2d 199 (8th Cir. 1988).
Consequently, a city weighing the option of whether and how to regulate adult retail businesses may
rely on studies conducted by other cities, including cities located in other states.
Attached is a list of fifteen (15) studies conducted by Washington and other cities concerning the
secondary impacts of adult entertainment uses. The majority of the studies referenced in the
attachment deal with all types of adult entertainment uses and do not specifically describe the
secondary effects of adult retail uses. After }Forld }Fide Video, it is critical that any city wishing to
regulate adult retail uses specifically include studies and other evidence specifically directed at the
secondary effects of adult retail uses. Accordingly, some of the studies which specifically mention
adult bookstores and adult retail uses are highlighted below.
The studies considered by the City of New York concluded that adult bookstores have negative
impacts on property values and assessed values, that criminal complaints are higher in locations with
concentrations of adult establishments and adult bookstores and that it is difficult to redevelop
downtown areas if such area is geographically located in close proximity to adult establishments.
Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times
Square Area; New York, NY (April 1994): Adult Entertainment Study, City ,of New York
(November 1994).
Memo to: Peter B. Lewis, Mayor, and AubumCity Council
From: Daniel B. Heid, City Attorney
Subject: Sexually Oriented Business Regulation - Background for Moratorium
Date: June 2, 2004 (re-print ora Memo dated March 4, 2002)
Page - 7
A study conducted by the City of Indianapolis contains a survey of real estate appraisers. Of the 507
real estate appraisers who responded to the survey, eighty percent (80%) opined that the location of
an adult bookstore within one block would reduce the fair market value of residential properties and
seventy two percent (72%) opined that the location of an adult bookstore within one block would
reduce the fair market value of commercial properties. Adult Entertainment Business in
Indianapolis, Indiana (1984).
A study conducted by the City of St. Paul concluded that one of the secondary effects of adult
bookstores includes discarded pornographic literature in streets near adult retail businesses, that such
literature is sexually very explicit and becomes available to minors even though its sale to minors is
prohibited. 40Acre Study on Adult Entertainment, St. Paul Department of Planning and Economic
Development, Division of Planning (1987).
LEGISLATIVE RECORD.
The legislative record supporting adoption of an ordinance containing new or more stringent adult
retail regulations may come under judicial scrutiny. The legislative record is snfficient if the
evidence the city relied upon is reasonably believed to be relevant to the problem that the city
addresses. Renton, 475 U.S. at 51-52. But see World Wide Video, 117 Wn.2d at 3[[8-90 (holding
that reliance on studies which address the secondary effects of adult movie theaters a~ad peep shows
is not permitted without showing that the same effects arise from "take home" adult video stores).
World Wide Video makes clear that, to support an ordinance regulating adult retail uses, a legislative
record should include studies or evidence dealing with adult bookstores.
The legislative record consists of staff reports, transcripts of all public hearings, all Council
Committee sessions, historical criminal data and all studies included for your City Council's
consideration prior to adopting the ordinance. There is some authority that a mmficipality may
justify an ordinance with post-enactment proof of adverse secondary effects, BSA Inc. v. King
Countg, 804 F.2nd 1104, 1111 (9th Cir. 1986), but the better practice is to assemble the record prior
to enactment. Public hearings usually include testimony from citizens who want to ban all adult
uses. However, unless the testimony and other evidence demonstrates that an impermissible purpose
-- banning adult uses and their protected speech outright -- was the predominant purpose of the
hearing, an ordinance relying on a record that includes such testimony may still he upheld as a
reasonable time, place and manner restriction. See Renton, 475 U.S. at 47, 48.
TASK AHEAD FOR ULTIMATE LEGISLATION
For at least the last ten years or so, established law has permitted a city to combat the secondary
effects of adult entertainment establishments, including adult bookstores and adult video stores, if
the city's purpose is unrelated to the speech itself, the regulations are narrowly tailored to meet the
purpose, and reasonable alternative avenues of communication are left available. Renton, 475 U.S.
at 50. Dispersal of adult uses from certain sensitive uses such as schools, day care centers, churches,
parks, residential areas, and other adult uses have been held to meet the Renton test if enough sites
Memo to: Peter B. Lewis, Mayor, and Auburn City Council
From: Daniel B. Heid, City Attorney
Subject: Sexually Oriented Business Regulation - Background for Moratorium
Date: June 2, 2004 fie-print of a Memo dated March 4, 2002)
Page - 8
are left available within a city for the expression at issue./d, at 53-54; See the attached chart -
Percent of City Land Available for Adult Use. These standards should allow reasonable regulation
of adult retail as well as adult entertainment uses. In addition, recent case law makes clear that
ordinances regulating only adult retail uses will also be upheld, if the legislative record makes clear
that the legislative body based its ordinance upon evidence of adverse secondary effects of the
businesses to be regulated.
The defensibility of a municipal adult retail use ordinance is greatly facilitated by a complete and
adequate legislative record establishing that there are secondary effects from the uses to be regulated,
and that the City Council carefully considered these effects in adopting the ordinance. The
establishment of a defensible legislative record will entail review of the applicable police records and
the studies of other jurisdictions.
CONCLUSION.
Necessary for the City of Auburn to develop its defensible legislative record and ultimme ordinance is
time. Yet, in order that the City doesn't experience new applications for uses inconsistent with its
ultimate regulations in the mean time, it also needs to utilize that statutory tool available, the
moratorium. The moratorium provides for a public hearing to be held within sixty days after the
creation of the moratorium, which public hearing is slated, per the proposed resolution, for April 1,
2002.
If the City of Aubum were to regulate through zoning codes or other regulatory codes sexually oriented
businesses (or for that matter, any type of specific uses), the City would need to make sure that it has
justification in terms of the existence of substantial govemmental interests, and that it has taken the
time to conduct a thorough study of the issues (its legislative record), then that its ordinance was
carefully crafted to meet legitimate governmental interests, also something that takes time to do
correctly/defensibly. That time can be gained through the moratorium. This way, the City will be able
to do what it needs to do to show the problems that cities face, and to show that the City's regulation
intends to address, how that regulation is aimed at addressing that legitimate governmental interest, and
that the regulation goes no further than necessary to accomplish its goal.
Because the sexually oriented businesses regulation cases as well as the general land use regulation-
taking cases address such questions as property ownership interests and leaving altemative avenues of
communication available, the City would want to make sure that it does not unnecessarily take away
from the property owners use of property.
This memorandum is on a very, very complex and most unsettled area of the law. Il'you have any
questions of me, in these regards, as you may very well have, please don't hesitate to let me know. I
hope, however, that this memorandum does give some guidance in terms of the things to be considered
in making any land use regulation decisions, and in pursuing a moratorium.
Memo to: Peter B. Lewis, Mayor, and Auburn City Council
From: Daniel B. Heid, City Attorney
Subject: Sexually Oriented Business Regulation- Background for Moratorium
Date: June 2, 2004 (re-print of a Memo dated March 4, 2002)
Page - 9
cc: Planning Director
Police Chief
City Clerk
File
MORATORIUM STATUTE
RCW 35A.63.220 provides requirements for initial moratoriums and for the extension thereof, as follows:
35A.63.220 Moratoria, interim zoning control~-Public hearing--Limitation on length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public
hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted
moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative
body received a recommendation on the matter from the planning agency. If the legislative body does not
adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately
after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be
effective for not longer than six months, but may be effective for up to one year ifa work plan is developed for
related studies providing for such a longer period. A moratorium of interim zoning ordinance may be renewed
for one or more six-month periods ifa subsequent public hearing is held and findings of fact are made prior to
each renewal.
Adult Entertainment Uses
Percent of City Land Available
City/CountyCase
Aurora, CO
Renton, WA
Boynton Beach,
Flordia
Cook County
Jackson, Miss
Z. G. Gifts v. City of Aurora, 932 F. Supp.
1256 (D.Colo.1996)
City of Renton v. Playtime Theatres, In.,
475 U.S. 41,106 S. Ct. 925, 89 LEd 29
(1986)
Southern Entertainment Co. of Rorida v.
City of Southgate, 736 F. Supp. 1094
(S.D. Fla. 1990)
Cook County v. Renaissance Arcade, 522
N.E.2d 73 (Ill. 1988)
Lakeland Lounge of Jackson, Inc. v. City
Of Jackson, Miss., 973 F. 2d 1255 (Sh
Circuit 1992)
Percentage
(adult land compared to all City
land)
10.9
5
3.25 (11sites)
9
1.2
Southgate, Mich S&G News, Inc. v. City of Southgate, 638 2.3
F. Supp. 1060 (E.D. Mich. 1986)
STUDIES OF SECONDARY IMPACTS OF ADULT ENTERTAINMENT
1. A Report on Zoning and Other Methods Regulating Adult Entertainment in Amarillo;
Amarillo, Texas (September 1977)
2. A Study on the Need to Regulate the Location of Adult Entertainment Uses; Bellevue,
Washington (September 1987)
3. Adult Entertainment Business in Indianapolis, Indiana (1984)
4. Adult Entertainment Study, City of New York (November 1994)
5. City of Kent Adult Use Zoning Study; Kent, Washington (1982)
6. Final Report to the City of Garden Grove; The Relationship Between CrimE; and
Adult Business Operations on Garden Grove Boulevard; Garden Grove, California
(October 1991 )
7. Regulation of Adult Entertainment Establishments in I',bw Hanover County; North
Carolina (July 1989)
8. Relation of Criminal Activity and Adult Businesses; City of Phoenix (May 1979)
9. Report on the Secondary Effects of the Concentration of Adult Use Establishments in the
Times Square Area; New York, NY(April 1994)
10. Report of the Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses, Minnesota (June 1989)
11. Report on Adult Oriented Businesses in Austin; Austin, Texas (1986)
12. Study & Recommendations for Adult Entetainment Business in the Town of Islip;
Islip, New York (September 1980)
13. Study on the Effects of the Concentration of Adult Entertainment Establishments in the
City of Los Angeles; Los Angeles, California (June 1977)
14. Zoning and Adult Amusement; Albuquerque, New Mexico (May 1995)
15. 40 Acre Study on Adult Entertainment, St. Paul Department of Panning and Economic
Development, Division of Planning (1987)
ORDINANCE NO. 5 8 3 5
AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 18.74 OF THE
CITY CODE, AMENDING SECTION8 5.30.020, 18.30.020,
18.30.030, 18.32.020, 18.32.040, 18.34.020 AND 18.34.040
OF THE AUBURN CITY CODE, AND REPEALING
SECTIONS 18.04.022, 18.04.024, 18.04.027, 18.04.030,
18.04.032, 18.04.678, 18;04.830, 18.04.840 OF THE
AUBURN CITY CODE RELATING TO THE REGULATION
OF SEXUALLY ORIENTED BUSINESSES
WHEREAS, the City Council is committed to protecting the general welfare of the
City through the enforcement of laws prohibiting obscenity, indecency, and sexual
offenses while preserving constitutionally protected forms of expression; and,
WHEREAS, the City has made a detailed review of the national record, including
studies from the cities of New York, Indianapolis, San Diego and Los Angeles, and
other cities in the State of Washington, and the police records of various cities, and
court decisions regarding sexually oriented business establishments. The City Council
finds that sexually oriented business establishments require special supervision by
public safety agencies in order to protect and preserve the health, safety, ancl welfare of
the patrons and employees of said business as well as the citizens of the City; and,
WHEREAS, the City Council also reiterates and reaffirms its findings set forth in
its Resolution Number 3436, and hereby incorporates by this reference its legislative
record for said Resolution, also incorporating in its legislative record Resolution
Numbers 3569 and 3633, and materials therewith; and,
WHEREAS, the City Council finds that concerns about crime and public sexual
activity generated and/or occurring within or nearby the sexually oriented business
establishments are legitimate, substantial and compelling concerns of the City which
demand reasonable regulation; and,
WHEREAS, the City Council finds that sexualiy oriented business
establishments, due to their nature, have secondary adverse impacts upon the health,
safety, and welfare of the citizenry through increases in crime and opportunity for
Spread of sexually transmitted diseases; and,
WHEREAS, there is convincing documented evidence that sexually oriented
business establishments may have a detrimental effect on both the existing businesses
around them and the surrounding residential areas adjacent to them, causing increased
crime, the downgrading of quality of life and property values and the spread of urban
blight. Reasonable regulation of the location of these sexually oriented business
Ordinance No. 5835
April 1; 2004
Page 1
establishments will provide for the protection of the community, protect residents,
patrons, and employees from the adverse secondary effects of such establishments;
and,
WHEREAS, the City recognizes that sexually oriented business establishments,
due to their very nature, have serious objectionable operational characteristics,
particularly when located in close proximity to residential neighborhoods, day care
centers, religious facilities, public parks, and schools, thereby having a deleterious
impact upon the quality of life in the surrounding areas, and it has been acknowledged
by courts and communities across the nation that state and local governmental entities
have a special concern in regulating the operation of such businesses under their
jurisdiction to ensure the adverse secondary effects of the establishments are
minimized; and,
WHEREAS, this Ordinance is intended to protect the general public health,
safety, and welfare of the citizenry of the City through the regulation of the location of
sexually oriented business establishments, and the regulations set forth herein are
intended to control health, safety, and welfare issues, the decline in neighborhood
conditions in and around sexually oriented business establishments, and to isolate
dangerous and unlawful conduct associated with these facilities; and,
WHEREAS, it is not the intent of this Ordinance to suppress any speech activities
protected by the First Amendment to the United States Constitution, or Article 1, Section
5, of the Washington State Constitution, but to enact content neutral legislation which
addresses the negative secondary impacts of sexually oriented business
establishments; and,
WHEREAS, it is not the intent of the City Council to condone or legitimize the
distribution of obscene material, and the City Council recognizes that state and federal
law prohibits the distribution of obscene materials; and,
WHEREAS, in advance of the development and presentation of the proposed
Ordinance City Staff met on a number of occasions with colleagues from other cities to
compare and consider methods to address the purposes of this Ordinance and to
develop a record therefor; and,
WHEREAS, the City of Auburn Planning Commission scheduled and met at
various days, including on November 6, 2002, December 3, 2002, January 22, 2003,
February 4, 2003, Mamh 4, 2003, May 6, 2003, June 3, 2003, July 8, 2003, August 5,
2003, September 9, 2003, November 6, 2003, February 3, 2004, and March 2, 20044, to
consider and discuss various proposals and options for ordinances and to review drafts
thereof; and,
~ Note:Ameeting/public hearing ofthe Planning Commission was also scheduled for January6,2004, to
address this topic, but was canceled because of inclement weather.
Ordinance No. 5835
April 1, 2004
Page 2
WHEREAS, at those meetings, the Planning Commission considered ordinances
of other jurisdictions, and further considering studies and reports relative tihereto, and
further considered different proposals for Ordinances for the City of Auburn, including,
but not limited to amortization approaches and pre-existing nonconforming use
(grandfathering) approaches, as well as various levels and percentages of business
activities; and,
WHEREAS, the City issued a SEPA determination on the Code amendments
herein, no comments were received during the comment period (Decernber 11 to
December 26, 2003) and the City issued a Final DNS on December 29, 2003; and
WHEREAS, the City's proposed Ordinance language was also transmitted to the
Washington State Department of Community Trade and Economic Develepment and
other State agencies for the 60 day review period in accordance with RCW 36.70A. 106,
from which no comments or responses were received; and
WHEREAS, in pursuit of the development of a Sexually Oriented Business
Ordinance for the City of Auburn, the Planning Commission held a duly advertised
public hearing on the 3rd day of February, 2004, to again consider thE; proposed
Ordinance and the subject matter of location of sexually oriented business
establishments, at which public hearing the Planning Commission received comments
from the public on that subject matter, and thereafter forwarded to the City Council its
recommendations and proposed language which the City Council believes to be true,
and which, together with the findings heretofore set forth, form the basis for the adoption
of this ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE: That Chapter 18.74 of the Auburn City Code be and the same
is hereby amended to read as follows:
Chapter 18.74
ADUL-T-~gSE~, LOCATION OF SEXUALLY ORIENTED BUSINESSFS
Sections:
18.74.010Purpose.
8.74,020
8.74.030
18.74.040
18.74.050
Prchlbited :re~ dccign3tcd. Definitions.
Prohibited in Certain Areas.
Liability.
Violations and Civil Penalties.
18.74.060 Construction.
18.74.070 Severability.
Ordinance No. 5835
April 1, 2004
Page 3
18.74.010 Purpose.
The purpose of this chapter is to restrict the location of 3dult u:=ccsexually
oriented businesses thereby protecting the public health, safety, morals and general
welfare of Auburn. (Ord. 4886 § 2, 1996.)
18.74.020
A.
!.
2.
3 Within ~ nnn ~,.~., ,.~ ....
5.
6.
7.
8.
................... ~ ..... dDeflmt~ons.
.......... ~rc ~ ................................. ~ _,~3~.
..... ~ ........ , ........... ~ .................. ~ ........ ~,~, .................. ~,~ ....thu
A. "Sexually oriented business" means any commercial premise that offers
the sale, exchange1 renting, loaning1 trading, transferring or providinq for viewin.q
activities defined as adult entertainment or adult entertainment merchandise or which
includes but is not limited to those businesses defined as follows:
1. "Adult bathhouse," which means a commercial bathhouse that excludes
minors (non-adults) by virtue of aqe from the premises, Provided that this definition shall
not include facilities that offer "adult-only" sessions or programs as a part of their athletic.
or recreational programs or activities.
2. "Adult book and video establishment" means a commercial establishment
that has ten (10) percent or more of the value of all its stock in trade, consisting of
books, magazines, periodicals or other printed matter; and/or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are characterized
by an emphasis on the depiction or description of "specified sexual activities" or
"specified anatomical areas" as defined in this Section.
3. "Adult cabaret," which means a commercial establishment that presents'
dancers, strippers, male or female impersonators, or similar types of entertainment and
which excludes minors (non-adults) by virtue of age from the premises.
4. "Adult entertainment facility," which means any establishment where thn
business or activity of the facility includes adult entertainment, as defined in Section
5.30.020 of the City Code, and/or includes any of the following:
a. Any exhibition, performance, dance or conduct of any type conducted in ,q
premises where such exhibition, performance, or dance involves a person who is
unclothed or in such costume, attire, or clothing as to expose any portion of the femalo
breast below the top of the areola or any portion of the pubic region, anus, buttocks,
Ordinance No. 5835
April 1, 2004
Page 4
vulva or genitals, or wearing any device or covering exposed to view which simulates
the appearance of any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in
a discernibly turgid state, even if completely and opaquely covered; or
b. Any exhibition, performance, dance or conduct of any type conducted in a
premises where such exhibition, performance or dance is distinguished or characterized
by a predominant emphasis on the depiction, description, simulation or relation to the
following specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal,
(2) Acts of human masturbation, sexual intercourse or sodomy, or
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks
or female breast; or
c. Any exhibition, performance or dance which is intended to sexually
stimulate any member of the public and which is conducted in a premises where such
exhibition, performance or dance is performed for, arranged with, or engaged in with
fewer than all patrons on the premises at that time, with separate consideration paid,
either directly or indirectly, for such performance, exhibition or dance. For purposes of
example and not limitation, such exhibitions, performances or dances are commonly
referred to as table dancinq, couch dancing, taxi dancing or straddle dancinq.
d. It is provided however that for the purposes of this Chapter, adult
entertainment activities do not include the following:
(1) Plays, operas, musicals, or other dramatic works that are not obscene;
(2) Classes, seminars and lectures which are held for serious scientific or
educational purposes and which are not obscene; or
(3) Exhibitions, performances, expressions or dances that are not obscene;
It is further Provided that these exemptions shall not apply to the sexual conduct
defined in Section 5.30.020(0) of the City Code, or the sexual conduct described in
RCW 7.48A.010 (2)(b)(ii) and (iii)?
5. "Adult Live Entertainment Establishment" shall mean a commercial
premise to which a member of the public is invited or admitted and where an entertainer
provides live adult entertainment to a member of the public on a regular basis or as a
substantial part of the premises activity·
6. "Adult Massage Parlor" means a commercial establishment in which
massage or other touchinR of the human body is provided for a fee and which excludes
minors (non-adults) virtue of age from the premises.
7. "Adult Motion Picture Theater" means an enclosed buildin,q or outdoor
drive-in theaters used for presenting motion picture films, video casseltes, cable
television, or any other such visual media, distin.quished or characterized by an
2
7.48A.010 Definitions. (Morel Nuisances - RCW) Included for information only, not for codification.
·.. (2) "Lewd matter" is synonymous with "obscene matter" and means any matter:
·.. (b) Which explicitly depicts or describes patently offensive representations or descriptions of:
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or
~;~lital area; or
(iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation,
dismemberment~ rape or torture...
Ordinance No. 5835
April 1, 2004
Page 5
emphasis on matter depicting, describing or relatinq to "specific sexual activities" or
"specified anatomical areas," as defined herein, for observation by patrons therein.
8. "Adult Retail Establishment" means an establishment such as any
bookstore, adult novelty store, adult video store, or other similar commercial
establishment, business, service, or portion thereof, which, for money or an,/other form
of consideration, provides adult entertainment material, as defined in this Section, and
which at least ten (10) percent, of its stock-in-trade for sale, exchange, rental, loan,
trade, transfer, and/or provision for viewinq or use off the premises of the adult retail
establishment as defined in this chapter. There shall be a rebuttable presumption that a
business is an adult retail establishment if either: (1) the dollar value of on-site inventory
of adult entertainment material equals at least ten (10) percent of the business' entire
inventory; (2) at least ten (10) percent of the establishment's revenue is derived from
adult entertainment material; or (3) at least ten (10) percent of the total floor area of the
business is devoted to displaying and/or supporting the adult entertainment material. In
determininq whether or not the presumption is rebutted, the director may consider the
following factors, which are not conclusive:
Whether minors are prohibited from access to the premises of the establishment
due to the adult entertainment nature of the inventory;
Whether the establishment is advertised, marketed, or held out to be an adult
merchandisinq facility;
Whether adult entertainment merchandise is an establishment's primary or one of
its principal business purposes; or
An establishment may have other principal business purposes that do not involve.
the offerin.q for sale or rental of adult entertainment merchandise and still be cate.qorized
as an adult retail establishment. Such other business purposes will not serve to exempt
such establishments from being categorized as an adult retail establishment so Ion.q as
one (1) of its business purposes is offering for sale or rental, for some form of
consideration, the specified adult entertainment merchandise. The director shall have.
full discretion to give appropriate weight to the factors set forth above as well as other
factors considered depending on the particular facts and circumstance~s of each
application.
9. "Adult sauna parlor" means a commercial sauna establishment, which
excludes minors (non-adults) by virtue of age from the premises.
10. "Panoram or peepshow" means any device which, upon the insertion of a
coin or by any other means of payment, including membership fee or other charge,
exhibits or displays a picture or view by film, video or other means, including
observation of live performances depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas," as defined herein..
B. "Adult entertainment material" means any books, magazines, cards,
pictures, periodicals or other printed matter, or photographs, films, motion pictures,
video tapes, slides, or other photographic reproductions, or visual representations, CD
ROM's, DVDs, disks, electronic media, or other such media, or instruments;, devices,
equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or
material, which are characterized by an emphasis on the depiction, description or
simulation of "specified anatomical areas" or "specified sexual activities", as defined by
O~inanceNo. 5835
April1,2004
Page 6
this Title. This includes any instrument, device, or paraphernalia that are desiqned for
use in connection with any specified sexual activities.
C. "Adult uses" means any establishment meeting the definition of an adult
entertainment establishment or any establishment that otherwise provides adult
entertainment or adult entertainment merchandise as defined herein.
D. "Specified anatomical areas" means:
1. Less than completely and opaquely covered human genitals, pubic region,
buttock, and female breast below a point immediately above the top of the areola; and
Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
E. "Specified sexual activities" means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic re.qion, buttock
or female breast.
4. Excretory functions as part of or in connection with any of the activities set
forth in this subsection..(Ord. 4886 § 2, 1996.)
18.74.030 Prohibited in Certain Areas.
A. Sexually oriented business uses are prohibited:
1. Within one thousand (1,000) feet of any property zoned for any residential
use or of any property used for any single-family or multiple-family residential use;
2. Within one thousand (1,000) feet of any public or private elementary or
secondary school;
3. Within one thousand (1,000) feet of any child day care center, child care
service, nursery, pre-school or community youth center;
4. Within one thousand (1,000) feet of any church or other facility or
institution used primarily for reliqious purposes;
5. Within one thousand (1,000) feet of any public park, open space or other
similar place where children are likely to congregate; and,
6. Within one thousand (1,000) feet of any large enclosed multi-business
retail complex that caters as a significant part of its business to children. For the
purposes hereof, a large enclosed multi-business retail complex that caters as a
significant part of its business to children means a covered complex of retail and service
business that include at least thirty businesses, and that have any combination of
amenities geared to children, including but not limited to: attractions designed for use bv
children, regularly scheduled events for children, and desiqnated play child areas.
7. Within one thousand (1,000) feet of any other sexually oriented business
use.
B. As used herein, the distances shall mean the straight-line distance
between the edge or corner of the property on which the sexually oriented business use
is located to the nearest ed,qe or corner of the property of another sexually oriented
business use or any of the sensitive uses set forth above, Provided that if there is more
than one business or tenancy on the property, then the distances shall mean the
strai.qht-line distance between the edge or corner of that portion of the property (or
Ordinance No. 5835
April 1, 2004
Page 7
tenancy) on which the sexually oriented business use is located to the nearest edge or
corner of the property of another sexually oriented business use or any of the sensitive
uses set forth above.
C. It is provided, however, that any sexually oriented business operatin.q with
in the City of Auburn as of the initial effective date of this Ordinance shall constitute R
pre-existinq nonconformin,q use pursuant to Section 18.04.650 of the City Code.
18.74.040 Liability.
Nothing in this Chapter is intended to authorize1 legalize or permit the
establishment, operation or maintenance of any business, building or use which violates
any City regulation or statute of the State of Washington regarding public nuisances,
sexual conduct, lewdness or obscene or harmful matter or the exhibition or public
display thereof.
18.74.050 Violations and Civil Penalties.
Violation of the use provisions of this Chapter shall be a civil infraction and
subject to enforcement throu.qh Chapter 1.25 of the City Code. In additiion thereto,
violation of the use provisions of this Chapter is declared to be a public nuisance per se
and shall be subject to abatement as a public nuisance and/or a moral nuisance.
Furthermore, the City is authorized and empowered to employ any and all other
enforcement and abatement tools resources, strategies, remedies and actions available
under the law for such violations and/or circumstances, including but not limited tn
business license revocation.
18.74.060 Construction.
If any portion of this Chapter, is deemed to be in conflict or inconsistent with any
other provisions of the City Code, including but not limited to its zoning reguletions, such
other provisions shall be construed in conformity herewith; Provided that if such other
provisions are not able to be so construed, the provisions of this Chapter shall control,
and such other provisions shall be deemed modified to conform herewith, for the
purposes of this Chapter only.
18.74.070 Severability.
If any portion of this chapter, or its application to any person or circumstances, is
held invalid, the validity of the chapter as a whole, or any other portion thereof, and its
application to other persons or circumstances, shall not be affected.
SECTION TVVO. AMENDMENT TO CITY CODE.
That Section 5.30.020 of the Auburn
Establishments) is amended to read as follows:
City Code (Adult Entertainment
5.30.020 Definitions.
A. "Adult entertainment establishment" means any panoram or peepshow or
business or commercial premises to which any member of the public is invited or
Ordinance No. 5835
April 1, 2004
Page 8
admitted and where a performer provides live adult entertainment to any mernber of the
public.
B. "Adult entertainment" means:
1. Any exhibition, performance or dance of any type conducted in a premises
where such exhibition, performance, or dance involves a person who is uncllothed or in
such costume, attire, or clothing as to expose any portions of the female breast below
the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals,
or wearing any device or covering exposed to view which simulates the appearance of
any portion of the female breast below the top of the areola or any portion of the pubic
region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid
stage, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises
where such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on the depiction, description, stimulation or relation to the
following specified sexual activities:
a. Human genitals in a state of sexual simulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks
or female breast; or
3. Any exhibition, performance or dance intended to sexually stimulate any
patron and conducted in a premises where such exhibition, performance or dance is
performed for, arranged with, or engaged in with fewer than all patrons on the premises
at that time, with separate consideration paid, either directly or indirectly, for such
performance, exhibition or dance. For purposes of example and not limitation, such
exhibitions, performances or dances are commonly referred to as table dancing, couch
dancing, taxi dancing or straddle dancing.
C. "Applicant" means the individual or entity seeking an adult entertainment
establishment license in the city of Auburn.
D. "Applicant control persons" means all partners, owners, corporate officers
and directors and any other individuals in the applicant's business organization who
hold a significant interest in the adult entertainment establishment business, based on
responsibility for management of the adult entertainment establishment business.
E. "Clerk" means such city employees or agents as the mayor shall
designate to administer this chapter, or any designee thereof.
F. "Employee" means any and all persons, including managers, performance
and independent contractors who work in or at or render any services directly related to
the operation of any adult entertainment establishment.
G. "Performer" means any person who provides adult entertainment within an
adult entertainment establishment as defined in this section, whether or not a fee is
charged or accepted for entertainment.
H. "Liquor" means all beverages defined in RCW 66.04.200:
I. "Manager" means any person who manages, directs, administers or is in
charge of the affairs and/or conduct of any portion of any activity involving adult
entertainment occurring at any adult entertainment establishment, and includes
Ordinance No. 5835
April1,2004
Page 9
assistant managers working with or under the direction of a manager to carry out such
purposes.
J. "Operator" means any person operating, conducting or maintaining an
adult entertainment establishment.
K. "Panoram or peepshow" shall mean any device which, upon insertion of a
coin or by any other means of payment, including membership fee or other charge,
exhibits or displays a picture or view by film, video or other means, including
observation of live performances.
L. "Panoram premises" means any premises or portion of a premises on
which a panorama is located and which is open to the public, including through
membership.
M. "Person" means any individual, partnership, corporation, trust,
incorporated or unincorporated association, marital community, joint venture,
governmental entity, or other entity or group of persons however organized.
N. "Member of the public" means any customer, patron, club member, or
person, other than an employee as defined in this section, who is invited or admitted to
an adult entertainment establishment.
O. "Sexual conduct" means acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any
penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object; or
3. Any contact between persons involving the sex organs of one person and
the mouth or anus or another; or
4. Masturbation, manual or instrumental, of oneself or of one person by
another; or
5. Touch of the sex organs or anus, whether clothed or unclothed, of oneself
or one person by another for the purpose of sexual gratification of the person touched,
being touched or any third party. (Ord. 4887 § 3, 1996.)
SECTION THREE. AMENDMENT TO CITY CODE.
That Section 18.30.020 of the Auburn City Code (C~3 Heavy Commercial District)
is amended to read as follows:
18.30.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in the C-3 district shall only
be used for the following, unless otherwise provided for in this title:
B.
C.
D.
E.
F.
G.
H.
I.
Arcades;
Art, music and photography studios;
Auction houses, excluding animals;
Automobile parking facilities;
Automobile repair services;
Automobile sales, new and/or used;
Automobile and truck rental;
Automobile service stations;
Automobile washes;
Ordinance No. 5835
April 1, 2004
Page 10
premises;
K.
L.
M.
N.
O.
P.
Q.
R.
S.
or nursery
T.
U.
V.
equipment;
W.
X.
Y.
Z.
AA.
BB.
kennels;
CC.
DD.
EE.
FF.
GG.
HH.
JJ.
KK.
LL.
MM.
NN.
OO.
PP.
RR.
SS.
Tr.
uu.
w.
ww.
Bakery and pastry shops, products made must be sold at retail on the
Banking and related financial institutions;
Bingo halls;
Building contractor services, including storage yards;
Bus passenger terminals;
Caretaker apartments;
Civic, social and fraternal associations;
Commercial recreation;
Dancehalls;
Daycare, including home based, mini daycare, daycare centers, preschool
schools;
Delicatessens;
Dry cleaning and laundry services;
Equipment rental and leasing, does not include heavy construction
Food locker services;
Funeral homes;
Grocery stores;
Health and physical fitness clubs;
Hobby shops;
Hospitals, to include small animal, but does not allow outside runs or
Hotels;
Laundry, self-service;
Liquor store;
Lumber yards;
Manufactured/mobile home sales lots;
Massage parlor;
Meeting rooms and/or reception facilities;
Mini-storage warehouses;
Motels;
Motorcycle sales and service;
Newsstands;
News syndicate services;
Personal service shops;
Pharmacies;
Printing and publishing;
Professional offices;
Radio and television broadcasting studios;
Recreational vehicle parks;
Recreational vehicle sales lots;
Restaurants;
Retail stores and shops, including department and variety stores which
offer for sale the following and similar related goods:
Ordinance No. 5835
April 1, 2004
Page 11
1. Antiques,
2. Art supplies,
3. Automobile parts and accessories,
4. Baked goods,
5. Beverages,
6. Bicycles,
7. Books and magazines,
8. Candy, nuts and confectionery,
9. Clothing,
10. Computers,
11. Dairy products,
12. Dry goods,
13. Flowers and house plants,
14. Fruits and vegetables,
15. Furniture and home furnishings,
16. Garden and farm supplies,
17. Hardware, including electrical, heating, plumbing, glass, paint, wallpaper,
and related goods,
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
XX.
YY.
arts and music;
Home garden supplies,
Household appliances,
Household pets,
Housewares,
Jewelry and clocks,
Meat, fish, and poultry, preprocessed,
Notions,
Nursery and horticultural products,
Office supplies and equipment,
Photographic equipment, including finishing,
Radio, television, and stereos,
Shoes,
Sporting goods,
Stationery,
Toys;
Reupholstery and furniture repair;
Schools, including art, business, barber, beauty, dancing, driving, martial
Secretarial services;
Skating arenas;
Storage warehousing, limited to being incidental to
AAA.
BBB.
on property;
CCC.
DDD.
EEE.
FFF.
Suntanning beds;
Taverns;
Theaters, including drive-in;
Truck sales, with repair as a secondary use;
principal per~mitted use
O~inanceNo. 5835
April1,2004
Page 12
GGG. Other uses may be permitted by the planning director if the use is
determined to be consistent with the intent of the zone and is of the sa~me general
character of the uses permitted in this section; HHH. Brew pubs.
III Sexually Oriented Businesses as provided in Chapter 18.74 of the Cit~/
Code. (Ord. 5383 § 1, 2000; Ord. 4910 § 1, 1996; Ord. 4229 § 2, 1987.)
SECTION FOUR. AMENDMENT TO CITY CODE.
That Section 18.30.030 of the Auburn City Code (C-3 Heavy Commercial District)
is amended to read as follows:
18.30.030 Uses requiring conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. Apartments; provided, that 1,200 square feet of lot area is provided for
each dwelling unit;
B. Government facilities, this excludes offices and related uses that are
permitted outright;
C. Miscellaneous light manufacturing including toys, jewelry', ceramic,
musical instruments and similar products, apparel and other finished products made
from fabrics, leather, and similar materials, manufacturing of professional, scientific, and
controlling instruments such as photo and optical goods, watch and clock
manufacturing, and similar products, with retail sales of products manufactured on the
premises;
D.
E.
F.
G.
H.
Nursing homes;
Semi-tractor and trailer sales;
Utility substations;
Heliports;
Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government agency, and
meeting the standards established under ACC 18.48.090~
(Ord. 4910 § 1, 1996; Ord. 4590 § 5 (Exh. D), 1992; Ord. 4283 § 1, 1988; Ord.
4229 § 2, 1987.)
SECTION FIVE. AMENDMENT TO CITY CODE.
That Section 18.32.020 of the Auburn City Code (M-1 Light Industrial District) is
amended to read as follows:
18.32.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in an M~I district shall only
be used for the following, unless otherwise provided for in this title: A. Building and construction contractor services;
B. Caretaker quarters, not more than one per establishment;
C. Cold storage plants;
Ordinance No. 5835
April 1, 2004
Page 13
D. Household movers and storage;
E. Janitorial services;
F. Job training and vocational rehabilitation;
G. Manufacturing, assembling and packaging of articles, products and
merchandise from previously prepared synthetic or natural materials, inclucling but not
limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay (pulverized
only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass
finishing), graphite, hair, horn, leather, paper, paraffin, plastics or resins, precious or
semi-precious metals, or stones, putty, pumice, rubber (excluding tire manufacturing or
recapping, assembling of a premanufactured tread is however permitted), shell, textiles,
tobacco, wire, wood, wool, and yarn;
H. Manufacturing, processing, blending {and packaging of the following:
1. Dairy products and by-products such as milk, cream, cheese and buffer,
including the processing and bottling of fluid milk and cream,
2. Drugs, pharmaceuticals, toiletries, and cosmetics,
3. Food and kindred products limited to activities such as confectionery
products, bakery products, and beverages bottling,
4. Soaps, detergents, and other household cleaners from previously
prepared natural materials and not involving the use of liquid bleach, liquid chlorine,
liquid ammonia, or caustics;
I. Manufacturing, processing, treating, assembling and packagin~l of articles,
products or merchandise from previously prepared ferrous, nonferrous or alloyed
metals;
J. Manufacturing establishments engaged in electronic, automotive,
aerospace, missile, airframe, or related manufacturing and assembly activities, including
precision machine shops producing parts, accessories, assemblies, systems, engines,
major components, and whole electronic or electrical devices, automobiles, aircraft,
missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels
and propellants;
K. Manufacturing, processing, assembling and packaging of precision
components and products, including precision shops for products such as radio and
television equipment, business machine equipment, home appliances, scientiific, optical,
medical, dental, and drafting instruments, photographic and optical goods, phonograph
records and other recording media, measurement and control devices, sound
equipment and supplies, personal accessories, and products of similar character;
L. Manufacturing, assembling, packaging and development of computer
equipment and software, and related products;
M. Outside storage limited to 10 percent of the floor area of the associated
building provided the storage is supplemental to the permitted use, located to the rear of
the property and does not abut on a street and is separated by another use such as a
building or parking lot;
N. Printing, publishing, and allied industries including such processes as
lithography, etching, engraving, binding, blueprinting, photocopying, and film
processing;
Ordinance No. 5835
April 1, 2004
Page 14
O. Professional offices related to an on-site permitted use or larger than
50,000 square feet of floor area;
P. Research, development and testing of a permitted use;
Q. Restaurants and related eating establishments limited to serving a
permitted use on the same site;
R. Retail and wholesale trade of products manufactured, processed or
assembled on-site;
S. Warehousing and distribution facilities, to include wholesale trade not
open to the general public. This includes motor freight transportation as all incidental
use but specifically excludes motor freight transportation as the principal use of the
property;
T. On-site daycare serving specified permitted uses;
U. On-site recreational facilities serving specified permitted uses;
V. Other similar uses and accessory uses and buildings appurtenant to a
principal use which the planning director finds compatible with the principal permitted
uses described in this chapter and consistent with the purpose and intent of the M-1
zone.
W. Sexually Oriented Businesses as provided in Chapter 18.74 of the City
Code. (Ord. 4910 § 1, 1996; Ord. 4294 § 1(15), 1988; Ord. 4249 § 1, 1987; (:)rd. 4229 §
2, 1987.)
SECTION SIX. AMENDMENT TO CITY CODE.
That Section 18.32.040 of the Auburn City Code (M-1 Light Industrial District) is
amended to read as follows:
18.32.040 Uses requiring conditional use permit.
The following uses may be permitted when a conditional use permit has been
issued pursuant to the provisions of Chapter 18.64 ACC:
A. Automobile sales new and/or used to include passenger trucks and
recreational vehicles;
B. Automobile and truck rental;
C. Commercial recreation, including animal race tracks;
D. Heliports;
E. Heavy equipment sales, limited to new equipment with used equipment
being a secondary use;
F. Government facilities;
G. Motels;
H. Outside storage or other outside uses that are supplemental to a permitted
use, limited to 50 percent of the floor area of the associated building or is not located to
the rear of the property or abuts a street;
I. Radio and television transmitting towers;
J. Shopping centers, must involve a minimum of 250,000 square feet of floor
area;
K. Utility substations, unless clearly incidental and part of a permitted use.
Then the substation shall be permitted outright;
Ordinance No. 5835
April 1, 2004
Page 15
L. Warehouse sales, open to the public, must have a minimum of 50,000
square feet of floor area;
M. Religious institutions, to be located in existing facilities only;
N. Work release, prerelease or similar facilities offering alternatives to
imprisonment under the supervision of a court, state or local government agency, and
meeting the standards established under ACC 18.48.090;
P. Secure community transition facilities meeting the standards established
under ACC 18.48.150 and Chapter 71,09 RCW. (Ord. 5690 § 1, 2002; Ord. 4910 § 1,
1996; Ord. 4590 § 6 (Exh. E), 1992; Ord. 4304 § 1(17), 1988; Ord. 4229 § 2, 1987.)
SECTION SEVEN. AMENDMENT TO CITY CODE.
That Section 18.34.020 of the Auburn City Code (M-2 Heavy Industrial District) is
amended to read as follows:
18.34.020 Permitted uses.
Hereafter all buildings, structures, or parcels of land in an M-2 district shall only
be used for the following, unless otherwise provided for in this title:
A. Alcoholic beverage processing, distilling and fermenting;
B. Basic wood processing including sawmills, planing mills, veneering and
laminating of wood;
C. Building movers;
D. Caretakers quarters, not more than one per establishment;
E. Commercial laundries;
F. Cold storage plants;
G. Contractor trade services including storage yards;
H. Eating establishments limited to serving a permitted use on same site;
I. Enameling, galvanizing and electroplating;
J. Equipment repair and storage;
K. Heavy equipment and truck repair;
L. Household movers and storage;
M. Janitorial services;
N. Job training and vocational education;
O. Lumber yards;
P. Manufacturing, assembling and packaging of articles, products, or
merchandise from previously prepared natural or synthetic materials, including but not
limited to bristles, canvas, cellophane, and similar synthetics, chalk, clay (pulverized
only, with gas or electric kilns), cloth, cork, feathers, felt, fiber, fur, glass (including glass
finishing), graphite, hair, horn, leather, paper, paraffin, plastic and resins, precious or
semi-precious metals or stones, putty, pumice, rubber, shell, textiles, tobacco, wire,
wood, wool, and yarn;
Q. Manufacturing establishments engaged in electronic, automotive,
aerospace, missile, airframe, or related manufacturing and assembly activities, including
precision machine shops producing parts, accessories, assemblies, systems, engine,
major components, and whole electronic or electrical devices, automobiles, aircraft,
Ordinance No. 5835
April 1,2004
Page 16
missiles, aerospace, or underwater vehicles, but specifically excluding explosive fuels
and propellants;
R. Manufacturing, processing, assembling and packaging of precision
components and products, including precision machine shops for products such as
radio and television equipment, business machine equipment, home appliances,
scientific, optical, medical, dental, and drafting instruments, photographic and optical
goods, phonographic records and prerecorded audio-visual tape, measurement and
control devices, sound equipment and supplies, personal accessories, and products of
similar character;
S. Manufacturing, processing, treating, assembling and packaging of articles,
products or merchandise from previously prepared ferrous, nonferrous or alloyed
metals;
T. Manufacturing, processing, blending and packaging of products such as
the following:
1. Soaps, detergents and other basic cleaning and cleansing materials,
2. Mineral products such as abrasives, asbestos, chalk, pumice, etc.,
3. Clay and cement products such as brick, tile, pipe, etc.;
U. Manufacturing, processing, blending and packaging of the following:
1. Drugs, pharmaceuticals, toiletries, and cosmetics,
2. Food and kindred products, such as confectioners products, chocolate,
cereal breakfast food, bakery products, paste products, fruits and vegetables,
beverages, prepared food specialties (such as coffee, dehydrated and instant food,
extracts, spices and dressings) and similar products,
3. Dairy products and by-products such as milk, cream, cheese and butter,
including the processing and bottling of fluid milk, and cream and wholesale distribution;
V. Manufacturing, assembling, packaging and development of computer
equipment and software, and related products;
W. Motor freight terminals and transportation;
X. Outside storage yards;
Y. Offices related to an on-site permitted use or larger than 50,(;100 square
feet of floor area;
Z. Printing, publishing, and allied industries including such processes as
lithography, etching, engraving, binding, blueprinting, photocopying, and film
processing;
AA. Research, development and testing of a permitted use;
BB. Retail and wholesale trade of products manufactured, processed or
assembled on-site;
CC. Warehousing and distribution facilities, to include wholesale trade not
open to general public;
DD. Other similar uses and accessory uses and buildings appurtenant to a
principal use which the planning director finds compatible with the principal permitted
uses described in this chapter and consistent with the purpose and intent of the M-2
zone;
EE. On-site daycare serving a specified permitted use;
FF. On-site recreational facilities serving a specified permitted use.
Ordinance No. 5835
April 1, 2004
Page 17
GG Sexually Oriented Businesses as provided in Chapter 18.74 of the City
Code~..(Ord. 4910 § 1, 1996; Ord. 4662 § 2, 1994; Ord. 4304 § 1(20) - (23), 1988; Ord.
4229 § 2, 1987.)
SECTION EIGHT. AMENDMENT TO CITY CODE.
That Section 18.34.040 of the Auburn City Code (M-2 Heavy Industrial District) is
amended to read as follows:
18.34.040 Uses requiring a conditional use permit.
The following uses may be permitted in an M-2 district when a conditional use
permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Animal auction houses;
B. Automobile sales new and/or used to include passenger l:rucks and
recreational vehicles;
C. Automobile wrecking and salvage;
D. Animal and food processing including the following:
1. Tanning and dressing of hides,
2. Rendering of animal or fish grease or tallow,
3. Animal slaughtering,
4. Curing, canning, freezing, and processing of meat and seafood,
5. Pickling and brine curing;
E. Asphalt batch plants;
F. Bulk storage or processing of oil, gas, petroleum, butane, liquid petroleum,
gas and
similar products,
principally permitted use;
G.
H.
facilities;
I. Drive-in theaters;
J. Government facilities;
unless clearly incidental
Bulk storage of explosives and fireworks;
Concrete mixing and batching plants,
and secondary to support a
including ready-mix concrete
K. Heavy metal processing, including blast furnaces, drop forges, and similar
heavy metal operations;
M.
1.
2.
N.
O.
P.
Q.
R.
S.
materials,
T.
Heliports;
Manufacture of:
Ammunition and explosives,
Paving and roofing materials or other products from petroleum derivatives;
Motels;
Processing or pulping of wood or other fibers;
Radio and television transmitting towers;
Rock crushing plants;
Refining of materials such as petroleum, metals and ores, fats and oils;
Salvage yards for the storage of metals, paper, glass, rags, building
and similar activities;
Taverns;
Ordinance No. 5835
April 1, 2004
Page 18
U. Utility substations, unless clearly incidental and part of a permitted use.
Then the substation shall be permitted outright;
V. Warehouse sales, open to the public, must have a minimurn of 50,000
square feet of floor space;
W. Solid waste processing facility;
X. Off-site hazardous waste treatment and storage facilities subject to
compliance with the state siting criteria (Chapter 70.105 ROW);
Y. Commercial recreation, including animal racetracks;
Z. ~
,~,. Secure community transition facilities meeting the standards established
under ACC 18.48.150 and Chapter 71.09 RCW. (Ord. 5690 § 2, 2002; Ord. 4910 § 1,
1996; Ord. 4662 § 2, 1994; Ord. 4294 § 4, 1988; Ord. 4262 § 2, 1988; Ord. 4229 § 2,
1987.)
SECTION NINE. REPEAL OF SECTIONS OF CITY CODE,
That Sections 18.04.022, 18.04.024, 18.04.027, 18.04.030, 18.04.032, 18,04.678,
18.04.830, 18.04.840 of the Auburn City Code are hereby repealed.
or
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Ordinance No. 5835
April 1, 2004
Page 19
Ord 4~.~9 ~ !, ~n
0/
Ordinance No. 5835
April 1, 2004
Page 20
SECTION TEN. SEVERABILITY.
If any portion of this Ordinance, or its application to any person or circumstances,
is held invalid, the validity of the Ordinance as a whole, or any other portion thereof, and
its application to other persons or circumstances, shall not be affected.
SECTION ELEVEN. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
SECTION TWELVE. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance Summary.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
A'I-FEST:
Danielle E. Daskam, City Clerk
PUBLISHED:
Ordinance No. 5835
Apdl 1, 2004
Page 21