18A.50.240 Findings and legislative record.
Prior to November 1, 2004, the City of Lakewood City Council enacted legislation related to sexually oriented businesses (SOBs) based upon information and findings relevant to this title. These prior legislative actions included City of Lakewood Ordinances No. 171 and 258.
Lakewood Ordinance No. 171, adopted in May 1998, provided for the licensing of and regulation of conduct within adult cabarets. Ordinance No. 171 based these regulations in part upon the City’s lack of a clearly demarked commercial/business district, the location of commercial and business land uses near residential neighborhoods, and the need to protect citizens – especially children – from criminal and unlawful activities and impacts associated with SOBs. These impacts are known as, and are generally referred to herein as, the harmful secondary effects of SOBs.
Ordinance No. 258, adopted in February 2001, regulated the location and zoning of SOBs within the City. Ordinance 258 cited a detailed review of the national record regarding the harmful secondary effects of SOBs, as well as studies from cities such as New York, Indianapolis, San Diego and Los Angeles. Ordinance 258 found convincing documented evidence based upon that record to find that SOBs have detrimental effects upon nearby businesses and residential neighborhoods.
The legislative record and findings of Ordinances No. 171 and 258 are incorporated herein by this reference as if set forth fully herein, and such records and findings are cited hereby as support for the zoning regulations created in this title.
Prior to November 1, 2004, the Planning Advisory Board (PAB) held public meetings to consider relevant amendments to the City’s comprehensive plan. During a public hearing held on October 15, 2003, approximately thirty-five (35) people testified and many written comments were submitted in response to the City’s proposed amendments, which at that time contemplated concentrating all SOBs within the City into a single defined overlay area. The comments were overwhelmingly negative and cited citizen perceptions regarding the adverse effects that adult entertainment and SOBs have upon the community, neighborhoods and families exposed to such land uses. Citizens resoundingly stated their belief that concentrating SOBs into a single zone would irreparably harm a thriving business community located near the proposed overlay.
The PAB then recommended to the City Council that the comprehensive plan goals and policies related to SOBs be deleted to allow flexibility to implement the changes shown in this title, because, by state statute, amendments to the City’s comprehensive plan can be made only once per year. The City Council adopted this amendment to the comprehensive plan on December 1, 2003. Thereafter, public meetings were held and the PAB worked with a variety of stakeholders in formulating SOB zoning regulations that fit the specific needs, community and conditions of the City. The stakeholder groups included representatives from businesses, educational institutions, community leaders, and representatives from the adult entertainment industry.
After amendment of the City’s comprehensive plan, the PAB commenced studying alternative SOB zoning proposals. The PAB’s research and study resulted in the specific findings listed below. Based upon these findings, the PAB recommended to the Lakewood City Council that the harmful secondary effects of SOBs be minimized through regulations upon the zoning, operating and locating of SOBs. The PAB found that through creation of overlay areas within the City wherein SOBs could locate, the City could control the locations where SOBs exist and minimize the harmful secondary effects SOBs have upon business districts, neighborhoods and residential areas. Further, by creation of two (2) or more overlay areas where SOBs will be allowed, the City could minimize the impact SOBs have upon any individual neighborhood or district within the City.
The City Council, through the passage of Ordinance No. 358 on November 1, 2004, adopted the specific findings of the PAB in regard to zoning SOBs, stated as follows:
A. Materials submitted to the PAB demonstrated that SOBs can create harmful secondary effects upon the communities they are located in, are detrimental to and conflict with the peace and tranquility of neighborhoods and residential land uses, and if left unregulated can cause deterioration of property values and increased crime and public disturbances in the areas in which they are located.
B. Citizens and business owners within the City have publicly expressed their fear of the harmful secondary effects SOBs cause and have testified that they strongly oppose SOB land uses. Citizens have expressed that they believe SOB land uses are harmful to neighborhoods and negatively impact families and children. Business owners have expressed concern that SOB land uses may impact commercial areas and business districts, increasing incidents of crime and decreasing property values.
C. Based upon a review of land use patterns, zoning and demographics throughout Lakewood, the PAB found that some areas are entirely unsuitable for and incompatible with SOB land uses. Such areas include residential neighborhoods and locations in close proximity to churches and schools. The PAB also found that the harmful effects of SOBs may be minimized if SOBs are limited to the areas where they currently exist; to areas that contain no residential land uses or only nonconforming residential land uses; and areas separated topographically and/or geographically from residential neighborhoods, churches and schools.
D. The PAB found that the creation of overlay areas wherein sexually oriented businesses may locate is in the best interests of the City of Lakewood and necessary to protect the public health, safety and welfare. Protecting, preserving and improving the quality of its residential neighborhoods is sufficient to justify zoning regulations upon SOBs, as shown in the Washington State Supreme Court’s opinion in Northend Cinema, Inc. v. City of Seattle, 90 Wn.2d 709, 585 P.2d 1153 (1978).
E. The PAB reviewed police incident reports that documented the occurrence of crimes within adult cabarets in the City. Since adoption of the City’s adult entertainment standards of conduct and violations in 1998, three (3) adult entertainment cabarets have offered or allowed entertainment that violated City regulations. These adult cabarets are Lipstix (now known as Stilettos), the New Players Club, and the Déjà Vu Nightclub. Police incident reports and court records regarding these violations are contained within the legislative record for this title.
F. The PAB has reviewed the administrative actions City officials have taken against the business licenses issued to adult entertainment cabarets. These administrative actions have included revocation of the New Players Club’s business license, a thirty (30) day suspension of Lipstix’ business license, and a pending action to revoke Stiletto’s business license for one (1) year. The specific facts, violations and crimes that form the basis for these administrative actions are contained within the legislative record.
G. The PAB has reviewed records that indicate that improperly operated SOBs can be the focal point for a variety of crimes. These crimes were documented in the case of Heesan Corp. v. City of Lakewood, 118 Wn.App. 341, 75 P.3d 1003 (2003), wherein it was shown that entertainers at the New Players Club, a SOB located in the Ponders neighborhood of Lakewood, engaged in many illegal practices. These practices included entertainers offering to perform and engaging in sexual conduct in exchange for money, entertainers performing at less than four (4) feet from the audience, and entertainers engaging in improper physical contact with customers. Additionally, the decision in Heesan Corp. v. City of Lakewood contained documentation that the premises of the New Players Club were used for the unlicensed consumption of alcohol, for illegal smoking of marijuana, and for the sale of other illegal drugs.
H. The PAB reviewed records that indicated that the harmful secondary effects of an improperly operated SOB can constitute a public or moral nuisance. Such a nuisance would impact the community as a whole, although the impact would be particularly burdensome to the employees and patrons of the business, and to property owners and persons residing and working in close proximity to the offending SOB land use.
I. The PAB concurred with the findings of the City of Lacey in the rationale for the adoption of City of Lacey Ordinances No. 11422 and 11274, regarding Urban Growth Area Zoning and adult entertainment facilities. When adopting these Ordinances in 1996 and 1997, the City of Lacey found that studies in Austin, Texas, and in the state of Michigan provided convincing evidence that crime increased in areas close to adult businesses. The City of Lacey also cited to a Detroit, Michigan, report and to evidence gathered from Seattle and Tacoma, Washington, that demonstrated that cities and metropolitan areas experienced harmful secondary effects related to adult entertainment activities. These harmful secondary effects can cause a detrimental impact upon residential land uses leading to destabilization of residential areas and depressed property values.
J. The PAB concurred with the findings contained in City of Spokane Ordinances No. 32778 and 33001, where the Spokane Planning Services Department documented evidence that adult bookstores and adult entertainment establishments create harmful secondary effects including negative health, safety, economic and aesthetic impacts upon neighboring properties and the community as a whole. The PAB cited to World Wide Video v. City of Spokane, No. 02-35936 (9th Cir. 2004), as documenting evidence of the harmful secondary effects of adult entertainment and as further support for the belief that reducing the undesirable effects of adult entertainment and SOBs is a substantial governmental interest that can be achieved with time, place and manner restrictions upon where such businesses may locate within a City.
K. The PAB reviewed studies that indicated that adult bookstores generate harmful secondary effects upon neighborhoods, families and the community. The PAB also reviewed police incident reports that indicated that crimes involving indecent exposure can occur at adult bookstores that contain panoram devices. [Ord. 726 § 2 (Exh. B), 2019.]