Agenda 01/13/2011 �'�I C[TY����
i�
Valle �
�
Spokane Valley Planning Commission Agenda
City Hall Council Chambers, 11707 E. Sprague Ave.
January 13, 2011 6:00 p.m.
L CALL TO ORDER
IL PLEDGE OF ALLEGIANCE
IIL ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES: November 18, 2010, December 9, 2010
VL PUBLIC COMMENT: On any subject that is not on the agenda
VIL COMMISSION REPORTS
VIIL ADMINISTRATIVE REPORT
IX. COMMISSION BUSINESS
OLD BUSINESS: NONE
NEW BUSINESS:
A. PUBLIC HEARING: CODE TEXT AMENDMENT REGARDING ADULT
ENTERTAINMENT RETAIL DEFINITION. ASSOCIATE PLANNER LORI
BARLOW
X. FOR THE GOOD OF THE ORDER
XL ADJOURNMENT
COMMISSIONERS CITY STAFF
Joxlv G. CA�oLL,Cxaix KATHY McCLUrrG,CD DIRECTOx
MARCIA SANDS,VICE CHAIR SCOTT KUHTA,PLANNING MGR,AICP
BILL BATES MIKE BASINGER, SENIOR PLANNER,AICP
RusTiN HALL
JoE MAlvlv
Jo�STOY DEaNNa G�FFI�
ARNE WOODARD WWW.SPOKANEVALLEY.ORG
CITY OF SPOKANE VALLEY
Request for Planning Commission Review
Meeting Date: January 13, 2011 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business
� public hearing ❑ information❑ admin. Report ❑ pending legislation
FILE NUMBER: CTA 09-10
AGENDA ITEM TITLE: Public Hearing — Amendment to the definition of "Adult Retail Use
Establishment"
DESCRIPTION OF PROPOSAL: Spokane Valley Municipal Code (SVMC) Appendix A
definition of "Adult retail use establishment." Add language that clarifies the permissible
uses of an adult retail use establishment as follows:
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 transferrinq, e�� of adult-oriented
merchandise. The retail use establishment mav permit patrons to view the adult-
oriented merchandise for possible purchase or rental, but such on-premises viewinq
shall not be in exchanqe for money or any other form of consideration.
GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040
PREVIOUS COUNCIL ACTION TAKEN: On November 16, 2010 Council passed a motion
directing the Planning Commission to consider a text amendment to Appendix A definition of
"Adult retail use establishment". On December 9, 2010 the Planning Commission conducted a
study session on the code text amendment. No action was taken.
BACKGROUND: The amendment to the definition is proposed to clarify that the on-premise
viewing of adult-oriented films in exchange for compensation is not a permitted use of an adult
retail use establishment. The current definition could be interpreted to mean that viewing an
adult movie is allowable because the definition currently allows for the "viewing of adult oriented
merchandise."
Adult arcades, or adult movie theatres, are specified in the SVMC as an allowable use of an
adult entertainment establishment. SVMC Chapter 5.10 regulates adult entertainment
establishments and requires each establishment to obtain an "Adult Entertainment
Establishment" license. Adult retail use establishments are not regulated by Chapter 5.10 and
are not subject to the same licensing requirements as an adult entertainment establishment.
Adult entertainment establishments and adult retail use establishments are only allowed in the
Community Commercial and Regional Commercial Districts. The change in the definition does
not affect the zoning districts where the adult use establishments may locate, but clarifies which
type of establishment is permitted to show adult movies to ensure that proper licensing is
obtained.
RECOMMENDED ACTION OR MOTION: The Planning Commission should recommend to
Council that CTA-09-10 be approved as proposed. The attached findings of fact should also be
reviewed and approved with any changes deemed appropriate by the Planning Commission.
STAFF CONTACT: Lori Barlow, AICP, Associate Planner
ATTACHMENTS: Staff Report
Appendix A— definition of "Adult Retail Use Establishment"
Proposed Text Amendment CTA 09-10
Appendix A
DEFINITIONS
A. General Provisions.
1. For the purpose of this code, certain words and terms are herein defined. The word
"shall" is always mandatory. The word "may" is permissive, subject to the judgment of the
person administering the code.
2. Words not defined herein shall be construed as defined in Webster's New Collegiate
Dictionary.
3. The present tense includes the future, and the future the present.
4. The singular number includes the plural and the plural the singular.
5. Use of male designations shall also include female.
B. Definitions....
Adult entertainment: Includes the following:
• Adult arcade device: Sometimes also known as "panoram," "preview," or "picture
arcade."
• Adult arcade or "peep show": 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 activity, or live adult entertainment in a
booth setting. All such devices are denominated under this chapter by the term "adult
arcade device." The term "adult arcade device" as used in this code does not include
other games which employ pictures, views, or video displays, or gambling devices
which do not exhibit or display adult entertainment.
• Adult arcade establishment: A commercial premises to which a member of the
public is invited or admitted and where adult arcade stations, booths, or devices are
used to exhibit or display a graphic picture, view, film, videotape, or digital display of
specified sexual activity, or live adult entertainment in a booth setting to a member of
the public on a regular basis or as a substantial part of the premises activity.
• Adult arcade station or"booth": An enclosure where a patron, member, or
customer would ordinarily be positioned while using an adult arcade device or
viewing a live adult entertainment performance, exhibition, or dance in a booth. "Adult
arcade station" or "booth" refers to the area in which an adult arcade device is located
and from which the graphic picture, view, film, videotape, digital display of specified
sexual activity, or live adult entertainment is to be viewed. These terms do not mean
such an enclosure that is a private office used by an owner, manager, or person
employed on the premises for attending the tasks of his or her employment, if the
enclosure is not held out to any member of the public for use, for hire, or for a fee for
the purpose of viewing the entertainment provided by the arcade device or live adult
entertainment, and not open to any person other than employees.
• Adult entertainment establishment: Collectively refers to adult arcade
establishments and live adult entertainment establishments licensed pursuant to
Chapter 5.10 SVMC.
• Applicant: An individual or entity seeking an adult entertainment establishment
license.
• Applicant control person: All partners, corporate officers and directors and other
individuals in the applicant's business organization who hold a significant interest in
the adult entertainment business, based on responsibility for management of the
adult entertainment establishment.
CTA-09-10 Page 1
• Employee: Any person, including a manager, entertainer or an independent
contractor, who works in or at or renders services directly related to the operation of
an adult entertainment establishment.
• Entertainer: Any person who provides live adult entertainment within an adult
entertainment establishment as defined in this section, whether or not a fee is
charged or accepted for entertainment.
• Licensing administrator: The director of the community development department of
the City of Spokane Valley and his/her designee and is the person designated to
administer this code.
• Liquor: All beverages defined in RCW 66.04.200.
• Live adult entertainment:
1. An exhibition, performance or dance conducted in a commercial premises for a
member of the public where the exhibition, performance, or dance involves a person who is
nude or seminude. Adult entertainment shall include, but is not limited to, performances
commonly known as "strip teases";
2. An exhibition, performance or dance conducted in a commercial premises where the
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, sodomy, oral copulation, or
bestiality;
c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or
female breasts; or
3. An exhibition, performance or dance that is intended to sexually stimulate a member
of the public. This includes, but is not limited to, such an exhibition, performance, or dance
performed for, arranged with, or engaged in with fewer than all members of the public on the
premises at that time, whether conducted or viewed in an arcade booth or otherwise, with
separate consideration paid, either directly or indirectly, for the performance, exhibition or dance
and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing,
private dancing, or straddle dancing.
• Live adult entertainment establishment: A commercial premises to which a
member of the public is invited or admitted and where an entertainer provides live
adult entertainment, in a setting which does not include arcade booths or devices, to
a member of the public on a regular basis or as a substantial part of the premises
activity.
• Manager: Any person who manages, directs, administers or is in charge of the affairs
or conduct, or the affairs and conduct, or of a portion of the affairs or conduct
occurring at an adult entertainment establishment.
• Member of the public: A customer, patron, club member, or person, other than an
employee, who is invited or admitted to an adult entertainment establishment.
• Nude or seminude: A state of complete or partial undress in such costume, attire or
clothing so 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 human male
genitals in a discernibly turgid state, even if completely and opaquely covered.
• "Open to the public room so that the area inside is fully and completely visible
to the manager": Premises where there is no door, curtain, partition, or other device
extending from the top of the door frame of an arcade booth or station, with the
exception of a door which is completely transparent and constructed of safety glass
as specified in the International Building Code, so that the activity and occupant
inside the enclosure are fully and completely visible by direct line of sight to the
CTA-09-10 Page 2
manager located at the manager's station which shall be located at the main
entrance way to the public room.
• Operator: Any person operating, conducting or maintaining an adult entertainment
establishment.
• Person: Any individual, partnership, corporation, trust, incorporated or
unincorporated association, marital community, joint venture, governmental entity, or
other entity or group of persons however organized.
• Premises: The land, structures, places, equipment and appurtenances connected or
used in any business, and any personal property or fixtures used in connection with
any adult entertainment establishment.
• Sexual conduct: Acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight; or
2. A penetration of the vagina or anus, however slight, by an object; or
3. A contact between persons involving the sex organs of one person and the mouth or
anus of another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of
oneself or of one person by another.
• Specified sexual activities: Refers to the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or
bestiality; or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breasts.
• Transfer of ownership or control: Of an adult entertainment establishment means
any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether
by sale, exchange, or similar means;
3. The establishment of a trust, gift, or other similar legal device that transfers the
ownership or control of the business; or
4. Transfer by bequest or other operation of law upon the death of the person
possessing the ownership or control.
Adult entertainment establishment: Collectively refers to adult arcade establishments and
live adult entertainment establishments, as defined herein.
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 transferrin�c., er�+e�v+�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 viewinq shall not be in exchanqe for monev or anv
other form of consideration.
CTA-09-10 Page 3
COD�ZUNITY DEVELOPD�NT DEPARTMENT
PLANNING DI�'ISION
►��poka�le
STAFF REPORT AND RECOMMENDATION TO THE
�[]����� PLANNING COMMISSION
��
CTA-09-10
STAFF REPORT DATE: JANUARY 5,2011
HEAR�1vG DAT� A1v� LocAT�o1v: January 13, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council
Chambers, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206.
PxoPOSAL DESCR�PT�o1v: A code text amendment to the Spokane Valley Municipal Code (SVMC) Appendix A:
Adult Retail Use Establishment De�nition. The city initiated proposal adds language to clarify the permissible uses of
an adult retail use establishment.
This proposal is considered a non-project action under RCW 4321C.
PxoPOSAL LocAT�o1v: The proposal affects all Adult Retail Use Establishments located within the city of Spokane
V alley.
APP�.�cANT: City of Spokane Valley
APPxovAL Cx�T�x�A: Title 17.80 Type IV applications — Text amendments to the uniform development code, Title
1930.040 Development regulation text amendments, and Title 21 (Environmental Controls) of the SVMC.
SUMMARY oF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the
proposed text amendment to Appendix A of the SVMC.
STAFF PLA1v1v�R: Lo�u BA�,ow, AICP, Associate Planner, Community Development Department
ATTACHMENTS:
Exhibit 1: Proposed Text Amendment
Exhibit 2: SEPA Determination
Exhibit 3: Public Comments
BACKGROUND INFORMATION
A. BACKGROUND INFO
The current definition for Adult Retail Use Establishments could be interpreted to mean that viewing an adult movie is
allowable because the de�nition currently allows for the "viewing of adult oriented merchandise." The proposed
amendment clarifies that the on-premise viewing of adult-oriented�lms in exchange for compensation is not permitted
within adult retail use establishments. The current definition creates enforcement difficulties for the Spokane Valley
Police Department and/or the Code Compliance Department, and is ineffective in controlling illegal activity.
Adult arcades, or adult movie theatres, are specified in the SVMC as an allowable use of an adult entertainment
establishment. SVMC Chapter 5.10 regulates adult entertainment establishments and requires each establishment to
obtain an"Adult Entertainment Establishment"license to legally operate. Adult retail use establishments are not
regulated by Chapter 510 and are not subject to the same licensing requirements as an adult entertainment
establishment.
Staff Report to Planning Commission
CTA-09-10
Page 1 of 5
Adult entertainment establishments and adult retail use establishments are only allowed in the Community Commercial
and Regional Commercial Districts. The changes in the de�nition does not affect the zoning districts where the adult
use establishments may locate,but clarifies which type of establishment is permitted to show adult movies to ensure the
proper licensing is obtained.
The draft amendment was prepared by the City Attorney's office. The draft addresses the issues identified above while
recognizing legitimate and constitutionally protected rights to freedom of expression. The amendment specifically
addresses the fact that certain adult retail use establishments are allowing adult oriented movies to be viewed for a fee.
Staff believes this use was intended by the City Council to only be allowed within a licensed Adult Entertainment
Establishment.
B. APPLICATION PROCESSING
Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for
the proposal.
Date of Published Notice of Public Hearin : December 24, 2010
Issuance of a Determination of Non-Signi�cance (DNS): December 24, 2010
End of Appeal Period for DNS: January 7, 20ll
C. PUBLIC COMMENT
Two comment letters were received from Penny Lancaster. In each letter she requested that the definition be as
restrictive as possible and proposed language. The City attorney has considered the language proposed,but does not
feel that the language is defensible. The letters are attached for your review.
D. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA
Findings:
Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has
determined that this proposal does not have a probable significant adverse impact on the environment. An
Environmental Impact Statement(EIS) is not required under RCW 43.21C.030 (2) (c). The Planning Division issued a
Determination of Non-Significance (DNS) on December 24, 2010, for the proposal. This decision was made after
review of a completed environmental checklist and other information on file with the lead agency.
Conclusion(s):
The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the
submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a
Determination of Non-Significance (DNS). No appeals have been received at the time of this report. The appeal period
will close January 7, 20ll.
E. STAFF FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT
1. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS�OF THE SPOKANE VALLEY MUNICIPAL CODE
Findings:
Section 17.80150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be
considered when the City amends the SVMC. The criteria are listed below followed by staff comments.
1. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan.
Staff Res�onse: The Comprehensive Plan does not provide speci�c policy direction towards the treatment
of adult uses. However, Courts have consistently found that adult entertainment businesses are protected by
Staff Report to Planning Commission
CTA-09-10
Page 2 of 5
the "freedom of expression" clause of the First Amendment to the United States Constitution. Local
jurisdictions cannot ban such businesses, but can use regulations to protect residents from their potential
"secondary effects," such as crime and blight, by requiring these businesses to locate away from
residentially-zoned areas, schools, churches and parks, as well as regulate how the businesses operate.
Reasonable locations for the use must be provided. Indirectly the following policies relate to the regulation
of adult uses.
LUP-11 — Maintain the character of existing and future residential neighborhoods through the
development and enforcement of the City's land use regulations and j oint planning.
LUP-12 — Protect residential areas from impacts of adjacent non-residential uses, and/or higher
intensity uses through the development and enforcement of the City's land use regulations and joint
planning.
NP-21 - Maintain and protect the character of existing and future residential neighborhoods through
the development and enforcement of the City's land use regulations and j oint planning.
NP-2.6 - Establish appropriate design guidelines with buffer zones and transition requirements to
protect residential neighborhoods from incompatible land uses and adverse impacts associated with
arterials, freeways and rail corridors
The amendment is consistent with the intent of the comprehensive plan, and federal and state laws since
reasonable alternative locations are provided for the use so long as the proper licensing is obtained.
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the
environment
Staff Response: Experience has shown that adult entertainment facilities are detrimental to the public
health, safety and welfarei. Adult entertainment facilities are historically linked with organized crime,
prostitution, narcotics, and other unlawful and criminal activities. These activities often lead to the
development of public nuisances, including moral nuisances. Therefore, viewing adult-oriented movies for
a fee should only occur in an adult entertainment faciliry and be regulated and monitored through the
system of licensing and operating regulations contained in Chapter 510 of the Spokane Valley Municipal
Code. The amendment bears substantial relation to public health, safety, welfare and protection of the
environment by recognizing the constitutional rights of individuals to participate in this activity while
protecting public health, safety and welfare of the community by limiting where the activity can occur.
Conclusion(s):
The proposed text amendments to the SVMC are consistent with the approval criteria contained in the SVMC.
F. STAFF RECOMMENDATION
Staff recommends approval of the amendment to Appendix A definition of"Adult retail use establishment," as indicated
in Exhibit 1, to clarify the permissible uses of an adult retail use establishment.
' Note: In Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), the court noted that: "The First Amendment does not
require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that
already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be
relevant to the problem that the citv addresses."
Staff Report to Planning Commission
CTA-09-10
Page 3 of 5
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
January 13, 2010
Background:
A. The Uniform Development Code was adopted in September 2007 and became effective on October 28,
2007.
B. Chapter 1930.040 SVMC allows code text amendments to be submitted at any time.
C. Following the adoption of the code it became apparent that the definition of adult retail use establishments
made it difficult for law enforcement officers to enforce the intent of the code,which was to limit the
viewing of adult oriented movies for a fee,to adult entertainment use establishments.
D. The Planning Commission held a public hearing on January 13`h, 20ll. The Planning Commission
recommended approval of the following amendment to the SVMC Appendix A definition of"Adult retail
use establishment" as follows:
1. Adult retail use establishment: A retail use establishment which, for money or any
other form of consideration, devotes a signi�cant or substantial portion of stock in
trade, to the sale, exchange, rental, loan, trade, or transferr�i�n e�r�g of adult-
oriented merchandise. The retail use establishment ma�permit�atrons to view the
adult oriented merchandise for�ossible�urchases or rental but such on on-�remise
viewin� shall not be in exchan�e for mone,�y other form of consideration.
Findings: Staff has prepared the following findings for the Planning Commission in the event that the
Commission recommends approval.
L The Planning Commission finds the proposed text amendments to be consistent with the applicable
provisions of the City's Comprehensive Plan:
COSV Com�rehensive Plan
LUP-11 — Maintain the character of existing and future residential neighborhoods through the development
and enforcement of the City's land use regulations and j oint planning.
LUP-12 —Protect residential areas from impacts of adjacent non-residential uses, and/or higher intensity uses
through the development and enforcement of the City's land use regulations and j oint planning.
NP-21 - Maintain and protect the character of e�sting and future residential neighborhoods through the
development and enforcement of the City's land use regulations and joint planning.
NP-2.6 - Establish appropriate design guidelines with buffer zones and transition requirements to protect
residential neighborhoods from incompatible land uses and adverse impacts associated with arterials, freeways
and rail corridors
2. The Planning Commission finds the proposed te�amendments benefits public health, safety, welfare,
and protection of the environment:
Su�ortin� Statements
1. Viewing adult-oriented movies for a fee is a use intended to be allowed within an adult
entertainment facility, not an adult retail use establishment. Adult entertainment facilities are
historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal
Staff Report to Planning Commission
CTA-09-10
Page 4 of 5
activities. These activities often lead to the development of public nuisances, including moral
nuisances. Therefore viewing adult oriented movies for a fee should occur in an adult
entertainment facility where it can be regulated and monitored through the system of licensing and
operating regulations contained in Chapter 510 of the Spokane Valley Municipal Code. The
amendment bears substantial relation to public health, safety, welfare and protection of the
environment by recognizing constitutional rights of individuals to participate in this activity while
protecting public health, safety and welfare of the community by limiting where the activity can
occur.
Recommendation:
The Spokane Valley Planning Commission adopts the �ndings in the staffreport and recommends approval to City
Council for the following code text amendment to the SVMC:
1. Adult retail use establishment A retail use establishment which, for money or any
other form of consideration, devotes a signi�cant or substantial portion of stock in
trade, to the sale, exchange, rental, loan, trade, or transferr�e��g of adult-
oriented merchandise. The retail use establishment ma�permit�atrons to view the
adult oriented merchandise for�ossible�urchases or rental but such on on-�remise
viewin� shall not be in exchan�e for mone.�y other form of consideration.
Findings and Conclusions reviewed and approved on this 13th day of January, 2011
John G. Carroll, Chairman
ATTEST
Deanna Griffith, Administrative Assistant
Staff Report to Planning Commission
CTA-09-10
Page 5 of 5
i
December 9, 2010
To: Planning Commission
From: Penny Lancaster, 922-4825
Re: defining Adult Retail Use Establishment
9n 9ecember 9, �0�9 th� Pl�nning��mmi��i�n�r��onsidered a proposed change in the definition of"Adult
i
Retail Use Establishment" at their Study Session. First, Lori Barlow, an Associate Planner, explained the
difference between "Adult Retail" and "Adult Entertainment". Because of the dangers and problems
associated with on-site viewing of adult oriented material,Adult Entertainment Establishments are licensed
and have specific regulations, as well as zoning restrictions.Adult Retail Establishments are only restricted to
certain zones because there is a presumption that no "entertainment" is occurring within the business.
The City Attorney, Cary Driscoll, explained that even though the definition of Retail Use would be amended by
removing the words"or viewing", it was necessary to add a clarifying sentence ["The retail use establishment
may permit patrons to view the adult-oriented merchandise...."] because it would be unconstitutional to limit
their right to allow non-commercial viewing of sexually oriented movies. He said that the "message" of a film
in an Adult Retail Establishment is no different than Blockbuster showing Pirates of the Caribbean on a screen
overhead in their store.
This is confusing. On the one hand,Adult Entertainment Establishments are defined as"A commercial
premises to which a member of the public is invited or admitted and where adult arcade stations....are used to
exhibit...specified sexual activity...".They are regulated and licensed to reduce harmful secondary effects
(prostitution,STDs, drug use, obscenity, litter, etc.)that occur precisely because of the pornographic
"message". But on the other hand,Adult Retail Establishments will be permitted to admit the public to view
the same Adult videos, but they won't be subject to licenses or regulations as long as the movies are free. Does
Mr. Driscoll believe that free erotic videos will not create the same harmful secondary effects that require
Adult Entertainment Establishment regulations and licensing?
It has been clearly established in law that Cities can regulate the time, place, and manner of Adult Businesses.
These businesses have no constitutional right to display erotic movies on their commercial premises without
regulations.Adult retail businesses are different than Blockbusters—that's why they are only allowed in
Community Commercial and Regional Commercial Districts. Commissioner Marcia Sands was correct when she
directed Mr. Driscoll to resolve the problem of non-regulation associated with the proposed clarifying
sentence in the definition. ;
�
One solution would be to drop the clarifvin�statement alto�ether.Or, perhaps change the wording of the
clarifying statement to read: "Viewing of adult-oriented merchandise is limited to viewing merchandise
available for purchase on the shelves or incidental viewing of a promotional film clip on display at the clerk's
station only."This certainly would put"Adult Retail Establishment" activity more in line with mainstream video
retail activity. Any policy that allows patrons to view movies in isolated or private rooms—free or
commercially-should be outside the definition of Adult Retail.
Allowing an Adult Retail Establishment to act like an Adult Entertainment Establishment will not resolve their
threat to the health and safety of the community.The threat will increase and the City's weak response will I
only embolden their activities.
i
Lori Bariow
From: Deanna Griffith on behaif of Planning Commission
Sent: Friday, December 10, 2010 10:47 AM
To: Lori Barlow; Arne Woodard (arne@webband.com); Art Sharpe; Cari Hinshaw; Craig
Eggleston; Joe Mann (jmann@windermere.com); John G. Carroll
Qohn e��ervice��sterofthevalley.com); Kathy McClu�g; Marcia_sands@comeast.net; Mary
Swank; Mike Basinger; Mike Jackson; rhall@alscarchitects.com; Scott Kuhta
Subject: FW: Comments after Planning Commission Study Session
Attachments: Comments after Plan Study Session 12-09-10.doc
I handed aut to you the other letfiers she had submitted last night for review. Let us know if you have any questions.
I�ea wwa
From: Penny Lancaster mailto:plancaster@air-pipe.com]
Sent: Thursday, December 09, 2010 11:43 PM
To: Planning Commission
Cc: Cary Driskell
Subject: Comments after Planning Commission Study Session
Planning Commissioners,
Please read my attached comments and suggestions regarding the definition of Adult Retail Establishment. I appreciate
the intention of Attorney Driskell to create an enforceable definition against Adult Retail businesses that are acting like
Adult Entertainment Establishments.
Unfortunately, I will be out of town when you next address this issue on January 13t". I hope that my considerable
background in studying the negative impact of Adult businesses on the community and the suggestions in my letter will
help to bring a resolution to the issues that were raised at your Study Session this evening�even before January 13tn
Please keep me informed about your decision.
Penny Lancaster !
922-4825
P.S. Earlier,you were sent my 11-16-10 letter to the City Council and my 11-29-10 letter to the Planning Commission on �
this issue. �
i
li
�
�
.. . ... . . ....... ......... ...... . ............. . ... ........ ......... ...... .. . . .. ..... ......... ........ . ........ ......... . ._.:
�
i
I
� �� �
�
I
November 29, 2p10 r
To: Planning Commission
From:Penny Lancaster
Re:Amendmer�t to the Adul#Retaif Estal�lishrrient de#initian for zoning purposes
Planning Commissioners,
Please review the November 161etter to the City Councii. t ou#tine my reasons for prflhibiting an Adult
Retail Establishment from allowmg unregufated on-site viewing of sexually orien#ed materiat,even for
the purpose ofi a free preview.You'll aiso fiind evidence for the need to monitor tfiis type of use at
Hollywood Erotic Boutique in my let#er.Because of the urgency,may 1 have 5 minutes on your �.
December 9th Agenda? ..� �� �- -����C�� � `E��.� ���.� � ��Z�` � s ����.e, .
I applaud the City Attorney's effort#o clarify the difference between ftetail and Entertainment �
�,..�,�
Establishments for purposes of enforcement. However,there is iV0 need to add the statement:"The �
retail use establishment may permit patrons to view the adult-oriented merchandise for possi6le
purchase or rental,but such on-premises viewing shall not be in exchange�or money or any other form
of consideration."
In 2004 and 2005 World Wide Video,the owner of Hollywood Erotic Boutique at 9611 E Sprague,as well
as North Division,tost their tawsuits at the Federal Court and State Court levet over the constit�tionality
o#the original definition.Clearly,ci#ies can,and must,regulate#his type of business,either through
licensing and regulating and/or zoning. Late night traffic,patrons vvho engage in prostitution and drug
use,the spread of disease, pornographic litter, intimation of neigMbors, property devaluation,etc. have
all been documented and legally apply to any"Adult" business applying for a business permit.
I suggest that the City teave the tried and true definition,defended in court,the way it is. Instead,for
clarification purposes,add this definition for the term "viewing of adult oriented merchandise":
"Viewing ofi�dult-arient�d m�rch�ndis�,�s us�c3 in th� cant�xt of�n Ad�[t R�t�il �usin��s, is [imit�d ka
vie�nrin� merch�ndise availab[e on the shefves or incicfentaf viewing of a pr�mca�ion�[film c[ip c�n display
at th� cf�r�'s st�tion."This puts "viewing" in line with wha#other video retail outlets like Blockbusters
offers their patrons in the way of preview and it clarifies what most people, using common sense,woutd
assume might be available at a retail outlet.
I believe the Planning Comrnission purposes to encourage businesses that provide jobs and a
wholesame,safe,and healthy environment for business growth and prosperity for the families in our
community.Aduit businesses may be iegal,but they are a disincentive for business growth in their
neighborhoods. Please apply every legal tool you have to make sure#hey play by#he rutes,don't allow
them to have it their way just because it's free.
Penny Lancaster
14816 E Farwell, Spokane WA 99217
pi�ncas�er@air��ip�.e�rn; 922-4825.
� �
November 16, 2010
Spakane Valley City Council '
Re: Proposed �dult Re$ai! �Jse Esta�lishm?nfi �efinitic�n �h�nge
From: Penny Lancaster, 14816 E Farwell, Spolcane WA 99217; plancas�erC�aar-�ipe.com; 922- '
4825
When Hollywood Erotic Boutigue was amortized at 9611 E Sprague Avenue in 2003,they were
not providing on-site viewing/entertainment.They were granted a Conditional Use Permit as
Adult Retail, even though they were adjacent#o a residential zone. It was argued that requiring
this business to rrjove was more trauble than allowing it to stay. After aN,they were just selling
retaiL
However, about six years ago,the porn store changed the nature of its business and began
operating as an Adult Entertainment Establishment by allowing customers to watch sexually- '
oriented material in dimly lit rooms, behind curtained doors, upstairs, in small 10X10' rooms, '
without anv monitorin�.They charge$12 for 6 hours, or$15 for 4 hours, if you want to use the '
"private"viewing room for 2+.
Predictably,three years ago the Spokesman-Review reported tha# a former sta#e
representative, Richard Curtis, had a sexual encounter with a male prostitute, Cody Castagna, in
one of these rooms. An interesting result of Googling this business turned up an investigative '
article on this sex scanda)written by Dan Savage in "The Stranger°, an alternative newspaper in
Seattle. This man retraced the steps that Curtis took and interviewed various people involved.
He reported that derks at Hollywood came to recognize Curtis because of his frequent visits '
there. Savage writes: °Before meeting Castagna, employees observed Curtis receiving oral sex
from "a man who appeared to be around 40 and [walked] with a cane.° Savage continues, '
"According to the reviews posted at�rusin�ForSe�.c�rr�,the Hollywood Erotic Boutique is a '
"very nice, very safe" place to meet men. 'This is a great spot to get a load or dump one,' reads
one of the longer reviews. [Please excuse the vulgarity] 'It's mostly straight men and they '
usually don't care who s---s their c—k,they just want it s---ed... Also, I have met several guys
who would get a room and have a f---fest.' ...Curtis had a room; Castagna was game for a f--- '
fest." '
I also found this recent Craigslist posting while Googling this business: "Does anyone know of a
meeting place like peoples park in#he valley? I don't want to go to peoples park there were
I suggest that the City Council send#he proposed, amended Rdult Retail de#inition tfl the
Planning Commission withau#the added statement: "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 maney or any other#orm o#consideration.'°
I don't believe any other city has included this statement in their Adult business ordinances and
no court would require a city to ailow patrons to review sexually explicit t�r�ateriat in a
commercial establishment, without restrictions, as long as there was nQ charge.The
constitution certainly does not require it. It is perfectly allowabl�to require time, place, and (
manner restrictions on these businesses to reduce the deleterious effects o#sexual conduct,
sexually#ransmitted diseases, prostitution, and iNegal drug use on the premises.
Additionally, if Hollywood Erotic Boutique continues to operate as an Adul# Entertainment
Establishment then the city should shut them down. They were allowed a cot�ditior�al use
permit at this zone as Retail-Only.They should be expected to take#heir "theatres" and move
to a zone that will accommoda#e that use and adopt business practices that comply with the '
city's Adult Entertainment ordinance.That is, specifically having a manager on duty,with a
direct line-of-sight into each viewing area.
Please don't allow this business to have it both ways:stay where they are and continue to
a#tract patrons with on-site viewing. i
(