Chapter 5.54
ADULT USES
Sections:
5.54.030 Adult uses prohibited in certain areas.
5.54.040 Sexual encounter establishments prohibited.
5.54.070 Additional enforcement.
5.54.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings set forth below:
(1) “Adult uses” means all of the following:
(a) “Adult cabaret” means a commercial establishment that presents go-go dancers, strippers, male or female impersonators, or similar entertainers, and which excludes any person by virtue of minimum age from all or any portion of the premises, specifically including, without limitation, any establishment covered by PMC 5.50.010(1).
(b) “Adult entertainment” means any commercial premises or club to which any patron is invited or admitted and where adult entertainment as defined in PMC 5.50.010(2) is provided on a regular basis or is provided as a substantial part in the premises’ activity.
(c) “Adult retail” means a retail establishment which principal purpose is to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise.
(d) “Adult-oriented merchandise” means any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties, which depict, describe, or simulate specified anatomical areas or specified sexual activities, as defined herein.
(e) “Adult theater” means a building or enclosure, or any portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined herein, for observation by patrons therein, which excludes minors by virtue of age.
(f) “Sexual encounter establishment” shall mean and include:
(i) Adult Massage Parlor. An “adult massage parlor” is a commercial establishment in which massage, painting, or other touching of the human body is provided for a fee and which excludes any person by virtue of minimum age from all or any portion of the premises in which such service is provided; or
(ii) Adult Sauna Parlor. An “adult sauna parlor” is a commercial sauna parlor which excludes any person by virtue of minimum age from all or any portion of the premises; or
(iii) Adult Bathhouse. An “adult bathhouse” is a commercial bathhouse open to the public where Russian, Turkish, Swedish, hot air, vapor, electric cabinet or other baths of any kind are given or furnished; provided, that such term shall not include ordinary tub baths where an attendant is not required and which excludes any person by virtue of minimum age from all or any portion of the premises. “Adult bathhouse” shall not include hospitals, nursing homes, sanitariums or establishments where a person provides baths pursuant to his or her unrevoked certificate or license to practice healing arts under the laws of the state of Washington; or
(iv) An establishment, other than a hotel, motel, or similar establishment, to which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge, or other consideration is required for admittance, offering as one of its business purposes public accommodations, which provides a place where two or more persons may:
(A) Congregate, associate, participate, observe, or consort in connection with “specified sexual activities” or the exposure of “specified anatomical areas”; or
(B) Congregate, associate, participate, observe, or consort in connection with activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or when any part of a person’s specified anatomical area is less than completely and opaquely covered. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state of Washington engages in sexual therapy.
(2) “Consideration” means the payment of money or the exchange of any item of value for:
(a) The right to enter the business premises, or any portion thereof; or
(b) The right to remain on the business premises, or any portion thereof; or
(c) The right to purchase any item permitting the right to enter or remain on the business premises, or any portion thereof; or
(d) The right to a membership permitting the right to enter or remain on the business premises, or any portion thereof.
(3) “Operate and maintain” means to organize, design, perpetuate, or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.
(4) “Principal purpose” shall mean the business purpose that constitutes 35 percent or more of the stock in trade of a particular business establishment. The stock in trade shall be determined by examining either:
(a) The retail dollar value of all adult-oriented merchandise compared to the retail dollar value of all nonsexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or
(b) The total volume of shelf space and display area reserved for adult-oriented merchandise compared to the total volume of shelf space and display area reserved for nonsexually oriented materials.
(5) “Specified anatomical areas” means:
(a) Less than completely and opaquely covered human genitals, anus, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(6) “Specified sexual activities” means any of the following:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality;
(c) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or
(d) Excretory functions as part of or in connection with any of the activities set forth in this subsection. (Ord. 2826 § 2, 2005).
5.54.020 Findings of fact.
(1) 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.
(2) The city has made a detailed review of the national record, including studies from the cities of New York, Indianapolis, and Los Angeles, the police records of various cities, and court decisions regarding adult entertainment uses, including adult retail establishments. The city council finds that adult entertainment uses, including adult retail establishments, require special supervision from public safety agencies 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.
(3) The city council finds that concerns about crime and public sexual activity generated and/or occurring within or near adult entertainment and adult retail establishments are legitimate, substantial and compelling concerns of the city, which demand reasonable regulation.
(4) The city council finds that adult entertainment and adult retail 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.
(5) There is convincing documented evidence that adult entertainment and adult retail establishments 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 facilities will provide for the protection of the community, protect residents, patrons, and employees from the adverse secondary effects of such facilities.
(6) The city recognizes that adult entertainment and adult retail establishments, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods, daycare centers, religious facilities, public parks, schools, and public facilities open to families, such as post offices and medical clinics, and thereby having a deleterious impact upon the quality of life in the surrounding areas. 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.
(7) This chapter is intended to protect the general public health, safety, and welfare of the citizenry of the city through the regulation of the location of adult entertainment and adult retail establishments. The regulations set forth herein are intended to control health, safety, and welfare issues, the decline in neighborhood conditions in and around adult entertainment and adult retail establishments, and to isolate dangerous an unlawful conduct associated with these facilities.
(8) It is not the intent of this chapter to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article I, Section 5 of the Washington State Constitution, but to enact content-neutral legislation which addresses the negative secondary impacts of adult entertainment and adult retail establishments.
(9) 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.
(10) With respect to the sexual encounter establishments the city council makes the following additional and nonexclusive findings:
(a) The city council is committed to protecting the general welfare of the city through the enforcement of laws prohibiting obscenity, indecency, sexual offenses, and the spread of sexually transmitted diseases while preserving constitutionally protected forms of expression.
(b) The city has made a detailed review of the national record, including studies and ordinances from the cities of Phoenix, San Diego, Los Angeles, and Tacoma; the police records of various cities; and court decisions regarding sexual encounter establishments. The city council finds that the prohibition of sexual encounter establishments is necessary in order to protect and preserve the health, safety, and welfare of the inhabitants of Puyallup.
(c) The city council finds that concerns about crime, public sexual activity, and the spread of sexually transmitted diseases occurring within or near sexual encounter establishments are legitimate, substantial and compelling concerns of the city, which demand reasonable regulation.
(d) It is not the intent of this chapter to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article I, Section 5 of the Washington State Constitution, but to enact content-neutral legislation which addresses establishments that contribute to the spread of sexually transmitted diseases. (Ord. 2826 § 2, 2005).
5.54.030 Adult uses prohibited in certain areas.
(1) Adult uses, as defined in this chapter, are expressly prohibited in all zones within the city of Puyallup, except adult uses, other than sexual encounter establishments as defined herein and which are specifically prohibited pursuant to PMC 5.54.040, shall be permitted on properties located in the limited manufacturing (ML) zone so long as such uses are:
(a) More than 600 feet from any RS, RM, or PDR zone or any other residential zone;
(b) More than 600 feet from any public or private elementary or secondary school;
(c) More than 600 feet from any day care center for children, nursery, or preschool;
(d) More than 600 feet from any church or other facility or institution used primarily for religious purposes;
(e) More than 600 feet from any public park, private or public recreational facility open to families, post offices, libraries, City Hall, and medical clinics; and
(f) More than 600 feet from any other adult use.
(2) As used herein, the distances shall mean the straight-line distance between the edge or corner of the property on which the adult retail use is located to the nearest edge or corner of the property of another adult retail use or any of the sensitive uses set forth above, and specifically include properties within an adjoining governmental jurisdiction.
(3) Amortization of Any Nonconforming Use. Any adult entertainment, activity, use, or retail use located within the city limits on June 14, 2005, that is made nonconforming by this chapter shall be permitted to remain as is/where is as of June 14, 2005; provided, such nonconforming use shall not be permitted to expand in any fashion in its current location.
(4) Conflicts. In the event of a conflict between this chapter and any provision of the city’s municipal code or other ordinances, this chapter shall apply and supersede any contradictory language. (Ord. 2826 § 2, 2005).
5.54.040 Sexual encounter establishments prohibited.
(1) It shall be unlawful for any person to operate or maintain a sexual encounter establishment within the city of Puyallup.
(2) Nothing in this section shall be construed to apply to the nonobscene presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial business enterprise. (Ord. 2826 § 2, 2005).
5.54.050 Public nuisance.
Any adult use or sexual encounter establishment operated, conducted, or maintained contrary to the provisions of this chapter or a law of the city or state shall be, and the same is, unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting any other criminal or civil action under this chapter, commence an action or actions, for the abatement, removal, and enjoinment thereof, in any manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult use or sexual encounter establishment, and restrain and enjoin any person from operating, conducting, or maintaining an adult use or sexual encounter establishment contrary to the provisions of this chapter or other applicable laws of the city. (Ord. 2826 § 2, 2005).
5.54.060 Violation – Penalty.
(1) No person, except any persons who are specifically exempted by this chapter, whether acting as an individual owner, operator, employee, or agent or independent contractor for the owner, employee, or operator, or acting as a participant or worker in any way directly or indirectly who works in, operates, performs, or participates in an adult use or sexual encounter establishment, or any of the services acts defined in this chapter, shall conduct the same in accordance with the provisions of this chapter.
(2) Civil. A violation of or failure to comply with any of the provisions of this chapter constitutes a civil violation under Chapter 1.03 PMC, for which monetary penalties may be assessed and abatement required as provided therein.
(3) Criminal. In addition or as an alternative to any other penalty provided in this chapter or by law, any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable in accordance with applicable provisions relating to criminal penalties for misdemeanors. Repeat violations of any section of this chapter within a 12-month period shall be deemed intentional.
(4) Separate Offense. Each day that anyone shall continue to violate or fail to comply with any of the foregoing provisions shall be considered a separate offense. (Ord. 2826 § 2, 2005).
5.54.070 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the city may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of this chapter, any zoning or business license ordinance, or other applicable regulations adopted in this code. (Ord. 2826 § 2, 2005).