ORDINANCE _____________________

AN ORDINANCE relating to land use and zoning of adult cabarets, extending the moratorium on the issuance of use permits, and on the acceptance of applications for use permits or building permits, for adult entertainment premises as defined in SMC 6.270.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council hereby adopts the following findings of fact:

a. There are a number of adult cabarets located near residential areas throughout the City;

b. There is growing evidence that such uses constitute a threat to the public health, safety, and welfare;

c. In April 2002, the City Council passed and the Mayor signed Ordinance 120779 establishing a moratorium through June 30, 2003 on new adult cabarets within the City pending additional City analysis and evaluation;

d. The United States Supreme Court recently issued a decision in the case City of Los Angeles v. Alameda Books, Inc., related to zoning restrictions that prohibit more than one adult entertainment business in the same building, and the City of Seattle needs to analyze the Court's ruling and its implications for Seattle;

e. The City Council of Auburn, Washington imposed a moratorium on the filing of any applications for licenses, permits, or approvals for sexually-oriented businesses, and recently extended the moratorium while the City of Auburn and its Planning Commission continue their study and evaluation of the issues involved in sexually-oriented businesses and develop recommendations for zoning code and land use regulations for sexually-oriented businesses, and the City of Seattle needs to review and analyze the results of the City of Auburn's study and evaluation, including recommendations for any new legislation;

f. The Seattle City Council has developed a work plan for developing and evaluating land use code amendments for adult entertainment uses; and

g. This Council therefore finds that the protection of the public health, safety, and welfare requires extending the moratorium on new adult cabarets.

Section 2. Through June 30, 2004 or until new land use regulations governing the location of adult cabarets take effect, whichever is sooner, no use permit shall be issued, nor shall any use permit application or building permit application be accepted, for any new adult entertainment premises as defined in SMC 6.270.

Section 3. Pursuant to SMC 25.05.880, the City Council finds that an exemption under SEPA for this action is necessary to prevent an imminent threat to public health and safety and to prevent an imminent threat of serious environmental degradation through continued development under the existing regulations. SEPA review of any permanent regulations proposed for replacement of the existing zoning shall be conducted.

Section 4. This Ordinance shall take effect and be in force thirty days from and after its passage and approval, if approved by the Mayor; otherwise it shall take effect at the time it shall become a law under the provisions of the city charter.

PASSED by the City Council the ______ day of ______________, 2003, and signed by me in open session in authentication of its passage this ______ day of ______________, 2003.

________________________________________

President ...................... of the City Council

Approved by me this ________ day of ______________, 2003.

________________________________________

Mayor

Filed by me this ________ day of ______________, 2003.

________________________________________

City Clerk

(Seal)

AE-ORD.DOC

3/24/03 M(L v.2