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- Sunnyside
adds new muni code chapter
- Adult
entertainment joints eyed
- SUNNYSIDE (Monday,
3-29-99)---Sunnyside has beefed up its city code to
regulate adult entertainment businesses that might
want to settle here.
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- The new ordinance,
passed unanimously, becomes effective in five
days.
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- Ordinance language
notes Sunnyside "could, in the near future, receive
applications for adult entertainment or adult
retail uses...." If anyone applies, the city will
be ready for them.
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- Already on the books
are ordinances dealing with indoor theaters, adult
motion picture theaters, and adult mini-motion
picture theaters in B-2 or general commercial
zones.
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- The new ordinance says
if an adult business devotes more than 20% percent
of its "stock-in-trade" to sex movies, magazines,
toys, and garments, they'll be affected by
tonight's decision.
Moreover, the city
won't allow such businesses to set up within 1,000
feet of any church, public park, public or private
school, or another such business. The latter
prevents a concentration of such outfits in one
place.
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- Violations of the new
chapter can result in a misdemeanor charge and
possible fine up to $1,500.
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- A new adult business
will be required to pay a $200-a-year license fee,
unless it applies to set up after June 30. Then it
would pay $100. If a business violates the
ordinance, its license to operate could be
suspended, revoked or refused.
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- City Mgr. Don
Hahnfeldt said the ordinance was based on the
"better parts" of ordinances now effective in other
towns. The idea was to lay out a "reasonable"
regulation of adult entertainment in
Sunnyside.
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- Councilman Chad
Werkhoven commended city staff. He said the
ordinance was "proactive", a good ordinance, and he
supports it. "It doesn't affect what they can do,
but where they can do it," he said.
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- Councilman Roy Anciso
wanted to ascertain that the ordinance was
consistent with the U.S. Constitution's provisions
not to limit free speech.
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- City Atty. Mark
Kunkler indicated the ordinance was constitutional.
If any part of it is found in court to be
unconstitutional, that part can be removed without
affecting the rest.
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- Errol Brown questioned
the applicant paying only $100 for the license if
he applies after midyear. "Why not just have them
pay $200 no matter when they get it?" he asked.
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- Kunkler said that
clause was taken directly from another Sunnyside
code affecting cabaret licenses.
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- Councilman Mike
Aguirre asked whether existing businesses with
adult videos would be "grandfathered in".
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- Kunkler said they
could not be. "Not if 20 percent of their sales are
in adult stock-in-trade," he said.
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- The ordinance's
"whereases", say history has shown that adult
entertainment causes adverse secondary effects
detrimental to public health, safety, morals,
protection of minors and the general
welfare.
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- Effects include
"prostitution, illegal employment of minors,
narcotics and beverage law violations, breaches of
the peace, tax evasion and harboring of persons
with outstanding arrest warrants."
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- Such entertainment
reportedly causes "sexual conduct on the premises
of adult entertainment businesses, facilitating
prostitution and related crimes. Such conduct
causes substantial public health and safety
concerns not limited to spread of sexually
transmitted diseases."
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- Other cities and towns
report real estate values plunge when they're near
adult sex businesses.
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- Mayor Ed Prilucik said
adult business regulations are being discussed a
lot among Washington cities. He applauded the
Council and city staff for addressing the issue in
advance.
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- In other business, the
council:
- Paid monthly bills
totaling $270,479
- Confirmed Stephen L.
Michels for his fourth four-year term as judge of
Sunnyside Municipal Court.
- Approved a parade
permit for the Fiestas Patrias celebration, as
proposed by David Silva. That includes a parade
from 1 to 2 p.m. and a street dance from 6 to 10
p.m., both Sept. 19, in the middle of Sunshine
Days. Werkhoven said, as he did last year, the FP
is "racially divisive" but he approved it based on
the U.S. Constitution.
- Heard presentations
from Mike Urakawa, Yakima County Council of
Governments, about the DUI Emphasis Patrol, and Bob
Wilson, a local Border Patrol
agent.
- Approved a resolution
letting the City of West Richland rent available
jail space at the Law & Justice
Center.
- Approved an agreement
with St. Joseph School for DARE and GREAT
programs.
- Adopted an ordinance
amending the burning ban to allow burning of
tumbleweeds in town.
- Heard a Parks and
Recreation Dept. report from administrator Tom
Byers.
- Discussed an ordinance
banning severe yard junk, and outlining duties of a
property facilitator to implement it. Councilmen
will discuss the ordinance after public input and
likely pass it in April.
- Decided to go after a
Rural Business Enterprise Grant to provide
infrastructure for expansion of the Canam Steel
Corp. Such infrastructure would help Canam but
belong to the city.
- Applauded top grant
writer Elaine Willman, who has researched and wrote
grants bringing millions of dollars to the area in
a short time. "It's the best $17,000 we've ever
spent," said one local law maker.
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