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Ordinance 2279MAE/lac 3/11/82 ORDINANCE NO. 2279 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ADDING A NEW SECTION 21.05.021 TO THE EDMONDS CITY CODE DEFINING ADULT BOOK- STORES; ADDING A NEW SECTION 21.05.022 TO THE EDMONDS CITY CODE DEFINING ADULT ENTER- TAINMENT CENTERS; ADDING A NEW SECTION 21.05.023 TO THE EDMONDS CITY CODE DEFINING ADULT MOTION PICTURE THEATER; ADDING A NEW SECTION 21.90.101 DEFINING SPECIFIC ANATOM- ICAL AREAS; ADDING A NEW SECTION 21.90.102 DEFINING SPECIFIC SEXUAL ACTIVITIES; ADDING A NEW SECTION 16.00.030 TO THE EDMONDS CITY CODE PROHIBITING ADULT MOTION PICTURE THEATERS, ADULT BOOKSTORES AND ADULT ENTER- TAINMENT CENTERS; PROVIDING AN ALTERNATE SECTION TO ESTABLISH AN ADULT ENTERTAINMENT ZONE AND LISTING PERMITTED USES; ESTABLISH- ING A SECOND ALTERNATE SECTION TO PERMIT CERTAIN ACTIVITIES IN THE GENERAL COMMER- CIAL ZONE WITH CONDITIONAL USE PERMIT; ESTABLISHING PENALITIES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edmonds is a small residential community consisting of neighborhood and local businesses which cater to neighborhood needs, and WHEREAS, Edmonds residents regularly commute to other areas, including Seattle and unincorporated King County, to purchase goods and services not readily available in the City of Edmonds, and WHEREAS, there are currently in operation adult motion picture theaters, adult bookstores and adult enter- tainment centers in the immediately adjoining communities, including Seattle and unincorporated King County, and such uses are allowed specifically in other communities under current zoning ordinances, and WHEREAS, the City Council finds that such uses and businesses are not compatible with the small town atmosphere which Edmonds encourages, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Section 21.05.021 is hereby added to the Edmonds City Code to define adult bookstore and to read as follows: 21.05.021 ADULT BOOKSTORE An adult bookstore is a business having as a substantial portion of its trade, the display, barter, rental and/or sale of printed matter, videotapes, disks or cassettes, films, pictures or other material or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activi- ties or specific anatomical areas, as defined herein. Section 2. A new Section 21.05.022 is hereby added to the Edmonds City Code to define adult entertainment center and to read as follows: 21.05.022 ADULT ENTERTAINMENT CENTER Adult entertainment center means a business having as a substantial part of its trade live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, including but not limited to topless dance centers, so-called exotic dance centers and body painting studios. Section 3. A new Section 21.05.023 is hereby added to the Edmonds City Code to define Adult Motion Picture Theaters as follows: -2- 21.05.023 ADULT MOTION PICTURE THEATER An enclosed building or open area used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as defined herein. Section 4. A new Section 21.90.101 is hereby added to the Edmonds City Code to define specific anatomical areas and to read as follows: 21.90.101 SPECIFIC ANATOMICAL AREAS Specific anatomical areas are defined as: A. Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breast below a point immediately above the top of the areola. B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Section 5. A new Section 21.90.102 is hereby added to the Edmonds City Code to define specific sexual activities and to read as follows: 21.90.102 SPECIFIC SEXUAL ACTIVITIES Specific sexual activities is defined as: A. Human genitals in a state of sexual stimula- tion, and/or B. Acts of human masturbation, sexual intercourse or sodomy, and/or C. Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breast. Section 6. A new Section 16.00.030 is hereby added to the Edmonds City Code to prohibit adult motion picture -3- theaters, adult entertainment centers and adult books stores in all zones and to read as follows: 16.00.030 ADULT MOTION PICTURE THEATERS, ETC., PROHIBITED Notwithstanding any other provision of this code, adult motion picture theaters, adult bookstores and adult entertainment centers are not permitted uses within any zone classification within the City. Section 7. Penalties. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished according to the provisions of the Edmonds City Code. In addition, the City may enforce the terms of this ordinance by means of injunction, order of abatement, or other remedy authorized by law. Section 8. A new chapter is hereby added to the Edmonds City Code to be entitled "Adult Entertainment Zone" and to read as follows: A. Purposes. The purpose of the adult entertain- ment zone (AE) is to consolidate those permit- ted uses permitted in specific areas of the City so that the effect on local property values and businesses will be concentrated in specific areas of the City. Concentration of these uses will also permit more effective law enforcement and regulation. It is anticipated that the adult entertainment zone will be located outside the downtown bowl area and in previously zoned commercial areas along High- way 99. B. Permitted Uses. Permitted uses within the AE zone are: 1. Adult motion picture theaters. 2. Adult bookstores. 3. Adult entertainment centers. EEC Section 9. A new section is added to the Edmonds City Code to allow adult motion picture theaters, adult book- stores and adult entertainment centers in the CG zone with a conditional use permit and to read as follows: C. 3. Adult motion picture theaters, adult entertainment centers and adult book- stores. Section 10. Effective Date. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law; provided, however, that Section 8 of this ordinance shall become effective only upon a final judgment of a court of competent jurisdiction ruling that Section 6 of this ordinance is unconstitutional or invalid, otherwise Sections 8 and 9 shall not be effec- tive; and provided further, that Section 9 of this ordinance shall become effectively upon a final judgment of a court of competent jurisdiction holding that Sections 6 and 8 of this ordinance is unconstitutional or invalid, otherwise it shall not be effective. Section 11. Severability. If any word, clause, phrase, or other portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdic- tion, then the remaining words, sections, phrases and clauses of this ordinance shall remain in full force and effect. The City Council specifically declares that if Section 6 of this ordinance is held to be unconstitutional or invalid, the Council would and does enact Section 8, and if Section 8 is -5- held to be invalid or unconstitutional, then the Council would and hereby does enact Section 9. Section 12. Sections 8 and 9 of this ordinance shall not be codified until effective as provided herein. APPROVED: MAYOR/ H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IREN VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: March 11, 1982 PASSED BY THE CITY COUNCIL: March 16, 1982 POSTED: March 17, 1982 EFFECTIVE DATE: March 22, 1982 1, , 'I AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 17 day of March , 19 82, affiant posted true and correct copies of the attached Ordinance No. 2279, passed by the City Council on the 16 day of March 19 82, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 lll Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 17 day of March , 1982. SUBSCRIBED AND SWORN to before me this /jut day of L . 19jf!�. b Notary Public "antt-fbr Me State of as n on, res ing at y.�..� a