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Adult Entertainment Zoning and Licensing Committee

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Adult Entertainment Zoning and Licensing Committee ADULT ENTERTAINMENT ZONING & LICENSING COMMITTEE REPORT TO THE CITY OF MOUNT 2017 ADULT ENTERTAINMENT ADVISORY COMMITTEE REPORT TABLE OF CONTENTS INTRODUCTION Introduction ..................................................................................................................................... 3 BACKGROUND Background ...................................................................................................................................... 3 TASKS A. Secondary Negative Impacts ..................................................................................................... 5 B. Sensitive Land Uses ................................................................................................................... 7 C. Areas Where Adult Entertainment Uses Should be Located ................................................. 8 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS Conclusions and Recommendations ...................................................................................... 12 TABLES: 1.1: Materials the Committee Read & Analyzed............................................................................. 5 1.2: Secondary Negative Impacts ................................................................................................... 7 1.3: List of Sensitive Used Identified ............................................................................................... 7 1.4: Initial Zoning Determinations of the Committee ..................................................................... 8 1.5: Sensitive Use Buffers from Adult Entertainment Uses from other Jurisdictions .................. 10 MAPS: Map 2.1: Initial Zoning Determination Map Map 2.2: Sensitive Land Uses with 1,000 foot Buffers Map 2.3: College Way Area Considered Map 2.4: South Mount Vernon Area Considered Map 2.5: Committee’s Recommended Area to Allow Adult Entertainment Uses APPENDIX A – ORDINANCES 3698, 3699 AND RESOLUTION 920 APPENDIX B – COMMITTEE’S AGENDAS AND MEETING MINUTES APPENDIX C – COMMITTEE’S LIST OF SECONDARY NEGATIVE IMPACTS ASSOCIATED WITH MATERIALS THE COMMITTEE ANALYZED ADULT ENTERTAINMENT ADVISORY COMMITTEE Page 1 REPORT AUTHORIZATION By signing below, we, the members of the City’s Adult Entertainment Advisory Committee, have approved this report with its Exhibits (as noted within the foregoing report) to be provided to the Mount Vernon Planning Commission and City Council. Kathleen Bisagna Brian Gentry Ryan Hagman, Committee Co-Chair Rudy Kerkvliet Kari Matson Lisa Zacherl, Committee Chair This page will be replaced with the page containing all of the Committee's signatures ADULT ENTERTAINMENT ADVISORY COMMITTEE Page 2 INTRODUCTION This purpose of this report is to: 1) summarize the work completed by the Mount Vernon Adult Entertainment Zoning and Licensing Committee; and 2) make recommendations to the City’s Planning Commission and City Council with regard to the regulation of adult entertainment uses in the City of Mount Vernon. BACKGROUND On October 26, 2016 the Mount Vernon City Council adopted Ordinances 3698 and 3699 that enacted interim licensing and zoning regulations related to adult business and adult entertainment. At the same time Council also adopted Resolution 920 creating an Adult Entertainment Zoning and Licensing Committee (herein after ‘Committee’). The purpose of this Committee is “to assist the City in developing permanent development and licensing regulations for adult entertainment”. Accompanying this report labeled as Exhibit A are copies of Ordinances 3698, 3699, and Resolution 920. The Committee met a total of eight (8) times between November 29, 2016 to April 11, 2017. Attached labeled as Exhibit B are copies of all the Committee’s Agendas and minutes. The Committee is comprised of the following individuals: • Kathleen Bisagna; • Brian Gentry; • Ryan Hagman; • Rudy Kerkvliet; • Kari Matson; and, • Lisa Zacherl. At the Committee’s first meeting held on November 29, 2016 they appointed Lisa Zacherl as the Committee Chair and Ryan Hagman as the Committee’s Co-Chair. Following is the definition of Adult Entertainment adopted by the City within Ordinance 3698. This same definition is proposed to be adopted as part of the final amendments to MVMC Chapters 5.06, 5.13, and 17.72. 5.06.020 Definitions. "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 unclothed or in such costume, attire or clothing as to expose 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 wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast, pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely covered; or ADULT ENTERTAINMENT ADVISORY COMMITTEE Page 3 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, simulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual stimulation 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 breasts; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises or part of 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 only and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing. These same chapters of the MVMC also contain the following list of activities that are not meant to be regulated under these chapters: 5.06.125 Activities not prohibited -- Liquor licenses. A. This chapter shall not be construed to prohibit: 1. Plays, operas, musicals or other dramatic works which are not obscene as defined in Section 5.06.125 B below; 2. Classes, seminars and lectures held for serious scientific or educational purposes; or 3. Exhibitions or dances which are not obscene as defined in section 5.06.125(B), below. These exemptions shall not apply to the sexual conduct defined in MVMC 5.06.020, or the sexual conduct described in RCW 7.48.010 (2)(b)(ii) and (iii). B. Whether or not an activity is obscene shall be judged by consideration of the following factors: 1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and 2. Whether the activity depicts or describes in a patently offensive way, as measured against contemporary community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and 3. Whether the activity taken as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value. ADULT ENTERTAINMENT ADVISORY COMMITTEE Page 4 TASKS The Committee was tasked with making recommendations to the City’s Planning Commission and City Council with regard to how adult entertainment uses should be regulated within the City. To complete this task the Committee studied, and within this report, will be making recommendations with regard to: A. Secondary Negative Impacts associated with adult entertainment uses; B. Sensitive Land Uses that need to be protected from adult entertainment uses; and, C. Areas of the City that adult entertainment uses should be located in the City. These three (3) topic areas are discussed in detail below. A. SECONDARY NEGATIVE IMPACTS: Defined as indirect negative impact that occur as a result of an adult entertainment uses locating in a geographic area. The Committee read and analyzed the following materials related to secondary negative impacts. TABLE 1.1: COMMITTEE’S LIST OF MATERIALS READ & ANALYZED DESCRIPTION OF REPORT/STUDY/ARTICLE/MATERIALS FROM A Report on Zoning and Other Methods of Regulating Adult City of Amarillo Entertainment in Amarillo Report on Adult Oriented Businesses in Austin City of Austin Location of Adult Entertainment Uses City of Bellevue Blaine Book Company Memorandum with Allegations of Rape Blaine Police and Solicitation of a Minor for Prostitution Department Adult Use Zoning Analysis, including their Legislative Record City of Des Moines City of Everett, Crime Report on Crime at Existing Adult Retail Businesses Analysis Unit The Relationship Between Crime and Adult Business Operation City of Garden Grove on Garden Grove Boulevard Legislative record City of Federal Way Adult Entertainment Businesses in Indianapolis City of Indianapolis Study and Recommendations for Adult Entertainment Town of Islip Businesses in the Town of Islip Memo Regarding Zoning for Sexually Oriented Businesses City of Kelso Adult Use Zoning Study City of Kent Study of the Effects of the Concentration of Adult Entertainment City of Los Angeles Establishments in the City of Los Angeles Adult Entertainment Study, and Report on the Secondary Effects of the Concentration of Adult Use Establishments in the Times New York Square Area ADULT ENTERTAINMENT ADVISORY
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