03-036
OF
SPC YALLEI` SPOA ~OUNTY, i
WA~n~NG70N ORDINANC~ N0. 36
AN ORpIHA~ECE Of THE CITY OF SPOKANE
YALLET, WASHINGTQN, ADqPTING BY
REFERENCE CHAPTER 7.Bfl ENTITLED "ADULT
ENTE~'fAINMENl' ESTABLlSHA+IENT5"'
QF THE SPOKANE ~COUN7Y CODE.
WI-IEREAS, the Cit}r of
Spakane Valley is cammit- ~ t~ci tv ~roiacting che gener• al wel4are o( Ihe City
~ thrvugh the enactment af laws prohibiting obsconity,
indecency and sexual offen- ces while preserving cQnsti-
tutiar,aSly profecied forms af eXprpssion;
WHEft~IS, in reliance
upan 4he extensive sludy, re~ search and inv~sii~etion ~o~a~~t~ r~y tne e~,Y Qi *~ederal Tax ID No. 91-042fl03a
Spokane and Spakane ~ County including adopting
and accepting the racord dev~io~~ ~y tns c~t~ a~d AF~IDAVIT OF PUBLICATION
the Ca~nty with respeci to live adult entertainment es-
`at~~~`h"'~~ts, 'he ci`'~ h~~ STATE OF WASHINGTON cQncluded that le~islat~on
shouid he enacted in order Count Of $ okane to protect the health, safery y ~ , SS.
end weliare af the patrorve and emplAyees oi auch tausi-
nasses as well as the eiti• NaC1'1@; City of Spokane Valley ,AkCCt: G(I~z~~5 zEns af tNe City; and
WNEREAS, in reca~n~tion ot ~r,d re~i~~ce ~po~ the PA.; Ordinance No. 36 N0. L'I~es:166
above, the City has cpn- cluded that appropriate
adult ~n►ertainment re~ufa- TOtBI CpSt: $184.94 Log No~ SR~~~Q tions esSahlishong standarda~
01 canduct for operatians are cvntaine€J in Chapler
7.so aF tf~e s~oka~~ Co~n~y I, Honormarie ~ibbetts-Freiday
e~do~ ~a as i~n ahduitf Q~= do solemnly swear that I am the Principal Cl~rk of the SPOK~SMAN- ulativns of the Crty REVIEW, a newspaper established and r~gularly published, ance
Now, rw~~~FO~~, ~n~ ~~eh da m th~ En lish lan ua g Gity Cvuncil ai the City of y 9~ g ge, in and of eneral circulation in the
Spokane vaa~sy, Washing- ~I~I pf ~~pk~~e, Spakane Caunty, Washington; antl in the City of c~~, dn orcla~n as follows: (~a~,Ul' d'Alene, Kootenai County, Itlaho, that said ~ewspa~er has
sec`i°"'. ~"°°`~4`~,`°~ been so established and re ularl ublished and i~as had said eneral
~y Referenee. pursuant to ~ y p g ~cw ~5a.".az° a"d c~rculation cant~nuously for more than six ~6} month~ priar to the 23rd
35A.12.140, the Cit}r adapis ev .«i~~~R~ c~,a~4e~ 7 eo day af July, 1941; that said newspaper is printed in an office
entitled °Adult Enter1ainmenl ~~t~~rsnme~,s~ or,ns spa- maintained at its place af pu~lication in the City of Spokane, kony County Cade as pres• ~~SI11fl~tOf1~ that said newspaper was approved and d~signated as a
entl constitutc~d or ~ ner~~afs~~ ~5 +ng legal newspaper by arder of the Superior Caurt af the Skate nf
Adu81 Entertainm~nt ~egula- ~~~~5 0~ tn~ c~ty cn~P1~~ Washingkan far Spakane ~aunty on the 23rd day of July, 1941, and
7.84 en titled "Aduli Entertain- ~~r~~rsn~,~~~~~~ of,n~ that said order has not been revoked and is in full farce and effect;
~P°~a"e~°~"'''~°~~'~°'- tha# the notice attached heretv and which is a part of the proof of kached hereSa as ExhibiR "A'"
~n~ incarporaied hetein by ~blication, was ublished in said news a er, one time!s, the this referenGe as if (ully set p ~ p~
~~~h publication hauing been made once each time on the follawing dates; 5ectian 2. Adopsian af
Certain Qther Laws. Ta the extent that an provi5sc~n ~f
the 5pokane ~crunty Code, A~}f II ~ ~ 200~ ar any oiher law, rule, regu4a- ~
tion or dacument(s) r~r~- That said notice was publ~shed in the regular and entire issue of every enced in the attached Chap-
t~r~.eo~~t~,~~~"a~~~~~~c~- n~mber of the paper during the period ~f kime af publicafian, a~nd that tainntent Esiablishments', is
n~~~s~~ o~ ca~~~~~E~,~ ►a the notice was published in the newspaper proper and nv# in a establish ihe validiry, enfor- Sll lement. ~
ceabili4y dr interpretation oi ~p ~ ifie ~dult entsrtainment o~- ~a - ~ • ~ , ` , ~ . tablishment section such
provision ar ~ne s~ak~~e ~ubscribed ar~d sworn to before me at the City ~f Spokane, t 11 County Code, or okher law,
rule, r~ulalion q~ do~u. day of Aprif, 2~a~ meni{s) is hereby adapted ~ r,~~ ` J
by refi~r~nce. ~ f r i~. ;
.'t 5ection 3. Reference ta _ sp°ka^e c°u~'y a~d w~~~- t~ry ~ublic ~n and or the State flf ashington,
ing Badies. UnleSS the can• ' text requires atherwise, any residing in Spokane Caunty, UVashington . u reference ta the "Countyr' or •
ta "Spokane County" shall J'f:~ reier ta She Gity of 8pokane
Va~~ey, and any reference la ~ Gounty stalf or ficensing o1~
(icer shall refer to the C~ty Manager ar designee. To
the ex~e~t tf~at Exhibit "A"' re~ ~ fers ta the City ~auncil or
akher lic~nsing bQdy, the G~ty Council here~iy desig-
nates anr! caniers jurisdic• I tion upon the Mearing Exarn-
iner ta hold hearings and ren~der decisions an matters which relaka to Chapter
7.60er~titled "Adult ~nlerlain- ment Establishments".
5ection A. Saverabiliry. If
any section, sentence, cl~use or phrase af this ~r-
dinance shou~d be heE~ io be invalid af uncor~stiiution-
al by a court of competent jurisdic#ian, such invalidi4yr
or unconstituticanality sh~ll noi afiect the vaiidi4y or can- stitutiflnality of any other
se~ction, senfenee~, clause nr ~hsase Qi this Ordinance.
50etian 5, Eifeciive
p~te. Thv Council daclAras lMat e pul~lic urgerscy and
emer~ency exists Sucl7 that this ord~nance r~us1 be irn•
m2diateiy etiective in ord~r to preservo and protoct the
public h~ealth, public safety, puhlic peace provided this ordinance is ad4pted by a
majority watc~ plus ane 4( the whols membership of
the City CounCil.
PASSED k~y the Ciry Council this 271'h day of
March, 2Q03.
Isl M'tke ~~Vlemin~ Mayor
ATtEST: Ruth Muller
Interim City Clerk SR~4A0
r ~i do
CITY aF SP+DKANE VALLEY
SPt7KANE C4XJNTY, WA,SHINGTUN
[]►RDINANCE NO. 36
AN ORDINANCE C)F THE CITY UF SP+(JKANE VALII,rEY, WASHINGTON,
AIIOFTING BY REFERENCE CHAFTER 7.80 ENTITLED "ADUI,T
ENTERTAINMENT ESTABLISHVEEIV'TS" +[)F THE SPOKANE CUUN'I'Y CODE.
WHEREAS, the City of Spokane Valley is comnitted to pratectiag the genearal welfare of
the City t.hraugh the enactment of laws prahibiting obscenity, indecency and sexual offences
whiie preserving constitutinnally protected fonms of expressivn;
WHEREAS, in reliance upon the extensive study, xesearch and inyestigation conducted
by the City of Spokane and Spokane Caunty inciuding adopting anci acceptin.g the record
develvped by the City and the County with respect to live adult entert.ainment establishmentfis, the
City has cancluded t.ha# legislation shauld be enacted in order to protect the health, s~af'ety and
welfare of the patrans and emplayees of such businesses as well as the citizens ofthe City; auad
W"HEREAS, in xecognitian of and reliance upon the abave, the Cxty has concluded that
appropriate adult entertainment regulations esta.blishin,g standards of conduct far aperations are
contained in Chapter 7.80 of fihe Spokane County Code and should, therefare, be ad4pted as the
adult regulatians of tlae City.
I`IC)W, THEREFORE~ the City CounGil of the City of Spokane Valley, Washingtvn, do
ordain as foliows:
Sectian 1. Ineomoration Bv Referen e. Pursuant to RCW 35A.11.020 and
35A.12.140, the City adopts by reference C apter 7.80 entitl+ed "Adulf Entertainment
Estahlishments" of the Spokane County Code as presently constituted or hereinafter amended, as
#he Adulfi Entertainment regulations of the City. Chapter 7.84 entitled "Adult Entertairunent
Establishments" of the 5pvkane Cvunty Code is attached hereto as Exhibit "A" and iEncorparated
herein by thi.s reference as if fully set forth.
Section 2. Adaption of Certain O#her Laws. To the extent that any provision of the
Spvkane County Code, or any other law, r-ule, regulation ar docurnent(s) referenced in the
attached Chapter 7,Sa entitled "Adult Entertainment Establishments", is necessary or convenient
to establish the validity, enforceabiiity vx interpretation of the adult entertainment estabiishment
section such provision of the Sgokane Caunty Code, or other law, ru1e, regulatian ar
document(s) is hereby adopted by reference.
Sectian 3. Ref rence tQ Spokane Countv axid Hgaring Badies. Unless the context
requires otherwise, any re~erence to the "County" Qr to "Spokane Caunty" shall refer tv the City
of Spokane Valley, and any reference tv Caunty sfiaff' or licensing afficer shall refer to the City
Manager Qr designee. Tv the extent that Exhib1# "A" refers to the City Council or other licensing
bvdy, the Cxty Council hereby designates and confers jurisdiction upon the Hearing Exanlin,ear to
hold heaxings and render decisian.s ori rnatters whieh relate to Chapter 7.80 entitled "Adult
Entertainment Establishrnents".
Section 4. Severqbilxtv_. If any sectian, sentence, clause or phrase of this Ordinance
should be held to be invaixd or uncvnstitutional by a court of competent jurisdictian, such
S:10rdinancesl{]rdinance No. 36,adult entertainment.doc
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 5. Section 6. Effective Date. The Council declazes that a public urgency and
emergency exists such that this ordinance must be immediately effective in order to preserve and
protect the public health, public safety, public property and public peace provided thi,
is a.dopted by a majority vote plus one of the whole membership of the City Counci
PASSED by the City Council this -.,day of Mar , 2003.
t--4 .
Mayor, Michael De lem~
A
TT 7 • ?2Z,,~
Interim City Clerk, Ruth Muller Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
S:\Ordinances\Ordinance No. 36,adult entertainment.doc