Ordinance 11-005 Adult Retail Use CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 11-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC)
APPENDIX A DEFINITION FOR "ADULT RETAIL USE ESTABLISHMENT, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, Spokane Valley Municipal Code (SVMC) Chapter 5.10 governs adult entertainment
establishments; and
WHEREAS, SVMC 5.10.010 defines "adult entertainment establishment" as live adult entertainment
establishments and adult arcade establishments; and
WHEREAS, "adult arcade establishment" is defined as a commercial premises, or portion of any premises,to
which a member of the public is invited or admitted and where adult arcade stations or adult arcade devices are
used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual
activities or sexual conduct to a member of the public on a regular basis or as a substantial part of the premises
activity; and
WHEREAS, "adult arcade station" is defined as any enclosure where a patron, member, or customer would
ordinarily be positioned while using an adult arcade device. "Adult arcade station" refers to the area in which
an adult arcade device is located and from which the graphic picture,view, film,videotape or digital display of
specified sexual activities or sexual conduct is to be viewed;and
WHEREAS, "adult arcade device, " sometimes also known as "panoram," "review," "picture arcade," "adult
arcade," or "peep show," means any device which for payment of a fee, membership fee or other charge, is
used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual
activities or sexual conduct; and
WHEREAS, SVMC Appendix A defines "adult retail use establishment" as an establishment which, for
money or any other form of consideration, devotes a significant or substantial portion of stock in trade,to the
sale,exchange,rental,loan,trade,transfer,or viewing of adult-oriented merchandise; and
WHEREAS, an adult retail establishment allows viewing of adult-oriented merchandise, which could include
the viewing of a graphic film, videotape, or digital display of specified sexual activities or sexual conduct the
establishment sells in return for money or any other form of consideration; and
WHEREAS, the current Code may be interpreted to allow an adult retail use establishment to show adult-
oriented graphic film, videotape, or digital display of specified sexual activities or sexual conduct that the
establishment sells and still be within the definition of adult retail use; and
WHEREAS, it was not the City's intent when it adopted the definition of"adult retail use establishment" to
allow the on-premises viewing of adult-oriented graphic film, videotape, or other digital display of specified
sexual activities or sexual conduct that the establishment sells,when that viewing is in return for money or any
other form of consideration, because the adverse impacts of such viewing are properly regulated as an adult
entertainment establishment; and
WHEREAS, the City recently amended SVMC Chapter 5.10, which specifies that the viewing of adult-
oriented graphic film, videotape, or digital display of specified sexual activities or sexual conduct that the
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establishment sells, when that viewing is in return for money or any other form of consideration, is an adult
entertainment establishment use and not an adult retail use;and
WHEREAS, the city does not intend to prevent any person or entity from exercising rights protected by the
Washington and United States Constitutions; and
WHEREAS, the following amendment is necessary to clarify the permissible uses of an adult retail use
establishment,to prevent the adverse impacts associated with adult entertainment establishments that allow on-
premises viewing for any consideration, and to enact a reasonable time, place or manner regulation that
protects the health and safety of the City and its citizens. Such impacts are set forth in the legislative record to
Spokane Valley Ordinance 10-006,which is incorporated herein by reference; and
WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of Non-
significance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS at City
Hall,and mailed the DNS to all affected public agencies;and
WHEREAS, the City provided a copy of the proposed amendment to Community Trade and Economic
Development(CTED)initiating a 60 day comment period pursuant to RCW 36.70A.106; and
WHEREAS,on December 9,2010,the Planning Commission reviewed the proposed amendments; and
WHEREAS,the Planning Commission received evidence, information,public testimony and a staff report and
recommendation at a public hearing on January 13,2010; and
WHEREAS,the Planning Commission deliberated on February 10,2011;the Planning Commission provided a
recommendation; and
WHEREAS,on February 22,2011, City Council reviewed the proposed amendments; and
WHEREAS, on March 8, 2011, City Council considered a first ordinance reading to adopt the proposed
amendment.
NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
Section One: Purpose. The purpose of this Ordinance is to amend the definition of "adult retail use
establishment" found in Spokane Valley Municipal Code Appendix A in order to be clear that the City does
not intend for an adult retail use establishment to allow their patrons to view adult-oriented graphic films,
videotapes,or other digital display of specified sexual activities or sexual conduct within their retail use.
Section Two: Amendment. Spokane Valley Municipal Code Appendix A definition of "Adult retail use
establishment' is hereby amended as set forth below:
Adult retail use establishment: A retail use establishment which, for money or any other form of
consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange,
rental, loan, trade, or transferring, of adult-oriented merchandise. The retail use establishment may
permit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on-
premises viewing shall not be in exchange for money or any other form of consideration.
Section Three: Severability. If any section, sentence,clause or phrases of this Ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section,clause,or phrase of this Ordinance.
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Section Four: Effective Date. This Ordinance shall be in full force and effect five (5) days after the
publication of the Ordinance,or a summary thereof,occurs in the official newspaper of the City as provided by
law.
Passed by the City Council this 22nd day of March,2011.
ayor,Thomas E. Towey
7-9SIF
City Clerk,Christine Bainbridge
Approved as to Form:
OfficeK the City Attorney
Date of Publication: 1l/
Effective Date: f/. 6 . d�
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