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LOCAL NEWS
 
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.
 
The new ordinance, passed unanimously, becomes effective in five days.
 
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.
 
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.
 
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.

 
Violations of the new chapter can result in a misdemeanor charge and possible fine up to $1,500.
 
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.
 
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.
 
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.
 
Councilman Roy Anciso wanted to ascertain that the ordinance was consistent with the U.S. Constitution's provisions not to limit free speech.
 
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.
 
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.
 
Kunkler said that clause was taken directly from another Sunnyside code affecting cabaret licenses.
 
Councilman Mike Aguirre asked whether existing businesses with adult videos would be "grandfathered in".
 
Kunkler said they could not be. "Not if 20 percent of their sales are in adult stock-in-trade," he said.
 
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.
 
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."
 
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."
 
Other cities and towns report real estate values plunge when they're near adult sex businesses.
 
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.
 
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.