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HomeMy WebLinkAbout4885 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 ORDINANCE NO. 4885 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AMENDING CHAPTER 18.04, DEFINITIONS, TO PROVIDE FOR A DEFINITION OF ~'ADULT ENTERTAINMENT" TO AMEND SECTION 18.04.024 DEFINITION OF ADULT ENTERTAINMENT ESTABLISHMENT, TO AMEND SECTION 18.04.032, ADULT USES, TO ADD A DEFINITION FOR PANORAM OR PEEP SHOW. the City had established a moratorium on adult which moratorium required the review and any, to code provisions dealing with adult WHEREAS, entertainment, modifications, if entertainment; and WHEREAS, this ordinance is in conjunction with other ordinances which establish a chapter for adult uses, a new chapter for adult entertainment establishments and amendments to Chapters 18.30, 18.32 and 18.34 adding adult uses to those uses requiring a conditional use permit; and WHEREAS, the establishment of definitions and the amendment of definitions are necessary for consistency between chapters; and WHEREAS, the regulation of adult entertainment and adult uses is necessary for the protection of public health, safety and welfare; and Ordinance No. 4885 September 9, 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 consistent with the environmental effect. definitions Comprehensive established herein are Plan and have no adverse NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS: The following definitions shall'be added to Chapter 18.04, Auburn City Code: "Adult entertainment- means: Any exhibition, performance or ~ance of any t_vp conducted in a premises where such exhibition, performance, or 4ante involves a person who ~ unclothed or in such costume, attire, or clothing a., to expose any portions of the female breast belgie the top of the areola or any portion of the pubi,~ region, anus. buttocks, vulva or genitals, ok wearina any device or covering exposed to view which simulates the appearance of any portion of th female breast below the top of the areola or any portion of the pubic region, anus. buttocks, vulv or aenitals, or h~m~ male genitals in a discernibly turald staae, even if completely and opa_cfuel!~ Any exhibition, performance or 8~nce of any tv~,, conducted in a pr~mlses where such exhibition. performance or ~ce is distinguished ok characterized b? a predominant emphasis on th, depiction, description, simulation or relation to the following specified sexual activltle~. Ordinance No. 4885 Septe~er 9, 1996 Page 2 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 ~uma~ genitals in a state of sexual stimulation or arousal, Acts of h~m~ masturbation. intercourse or sodomy, or sexual Fondling or other erotic touchina of genitals, pubic region, buttocks or female. Any exhibition, nerform~ce or dance 'intended sexually s~mulate any patron and conducted in ., premises where such exhibition, performance or d~ is performed for. arranged with, or engaged in witl~ fewer than all patrons on the premises at that ~m~, with separate consideration Paid, either directly indirectly, for such perfo~-~ce, e~h~hition dance. For purposes of e~m~le and not llmltation. such exhibitions, performances or dances ar.. commonly referred to as table ~cin~. couch dancina, taxi dancing or straddle dancing, ~ Section 18.04.024, Auburn City Code, "Adult entertainment establishment" is amended to read as follows: "Adult entertainment establishment,, means any ~ ~ business or commercial pr-m~es to which any member of the publlc is invited or admitted and where ~ performer provides live adult entertainment to any member QI ....................... b ...... or dance Ordinance No. 4885 September 9, 1996 Page 3 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 ~ Section 18.04.032, Auburn City Code, "Adult uses", is amended to read as follows: "Adult uses" means any (( ..... bcck cr vi~eu es~)) adult entertainment establishment, II~%IID~T_~3~= ~ and adult motion picture theater as defined herein. There is hereby added to Chapter 18.04, Auburn City Code, a definition for panoram or peep show. "Panoram or peep show" shall m-~- any device which. the insertion of a coin or by any other means of payment, including membership fee or other charge. ~bits or display,, a picture or view by film. video or other means, includi~u observation of live performances deDictin=, describing ~ ~specific sexual activities- or anatomical areas." as defined in ACC 18.04.830 and 18.04.840, ~ If any provision of this Ordinance, or Chapter 18.04, any other definition or provision is determined to be invalid or unenforceable, the remaining provisions of this Ordinance and Chapter 18.04 shall remain in force and effect. Ordinance NO. 4885 September 9, 1996 Page 4 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 such administrative procedures as may be necessary to out the directions of this legislation. ~ This Ordinance shall take effect and be force five (5) days from and after its passage, publication, as provided by law. ATTEST: The Mayor is hereby authorized to implement carry in approval and INTRODUCED: PASSED: APPROVED: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 4885 September 9, 1996 Page 5