Adult entertainment regulations in King County

Ordinance Numbers 13546, 13547 and 13548
Adopted June 7, 1999

In 1995, King County was ordered by King County Superior Court to amend our zoning regulations because they were found to be in violation of the United States Constitution. Across the country, the courts have consistently found that adult entertainment businesses are protected by the "freedom of expression" clause of the First Amendment to the United States Constitution. Local jurisdictions must allow adult entertainment businesses to locate and operate, but our regulations effectively precluded any businesses from locating in unincorporated King County. While we cannot ban such businesses, we can use regulations to protect residents from their potential "secondary effects," such as such as crime and blight, by requiring these businesses to locate away from residentially-zoned areas, schools, churches and parks. We can also regulate how these businesses operate.

To help us develop new regulations to address the court order, a citizen committee was formed in 1996. The committee studied the issues, facilitated a series of public meetings, and developed a recommended approach. Their primary recommendation was that the burden of providing potential locations for adult entertainment businesses should be spread throughout the county and should not overburden just one or two communities. The committee's recommendations are reflected in the newly adopted changes to the King County Zoning Code.

Ordinance 13546 specifies that adult entertainment businesses:

• Can locate only in the Community Business (CB), Regional Business (RB) and Office (O) zones;
• Must be at least 330 feet (about one block) away from residentially-zoned property, schools, licensed day care centers, public parks, trails, community centers, public libraries and churches; and
• Must be 3000 feet from other adult entertainment businesses.

King County is in a unique situation because while we have to allow for these businesses, we have very few commercial areas left. Most of our commercial and industrial lands have either been annexed to cities or included in new city incorporations. The Fairwood area, along with White Center, Boulevard Park, the commercial area due north of Issaquah, and the commercial area east of North Bend along I-90 are the last areas in King County with nodes of commercial zoning buffered from residentially-zoned land. There are properties in each of these areas that meet the zoning requirements listed above. There is only one parcel of land in the Fairwood area that could potentially meet these zoning regulations. It is the parcel of land occupied by the westernmost building of Fairwood Center, which includes a Baskin-Robbins, Seattle's Best Coffee and Zi' Pani.

Neither this parcel of land nor the properties in the other listed commercial areas are in any way targeted or planned for adult entertainment businesses; they are merely commercially-zoned properties that meet the locational requirements.

All of the commercial areas noted above are in areas likely to be annexed to a city in the future. In general, the cities of King County do not welcome new adult entertainment businesses in neighborhood business areas that could one day be a gateway to their city limits. Each city must also develop their own policies and regulations determining where such businesses can locate. Further, King County and the cities within King County need to work together to plan for land uses in the areas the cities will likely annex.

Ordinance 13546 also specifies that adult entertainment businesses:

• Will not be permitted to locate in areas identified as likely to annex to a city as long as that city agrees in an interlocal agreement to provide opportunities for such businesses.

King County discussed these issues with all of the cities near the commercial areas listed above. At this time, the Cities of Issaquah and North Bend have agreed to adopt interlocal agreements with King County. Ordinance 13547 authorizes the King County Executive to sign the interlocal agreements with Issaquah and North Bend, which indicate that the cities will ensure their regulations allow for sites for adult entertainment businesses to serve the city as well as the nearby unincorporated area. The other affected cities may chose to adopt interlocal agreements with King County in the future.

Finally, Ordinance 13548 establishes operating procedures for adult entertainment businesses and includes requirements that live dancing may only occur on a stage that is at least ten feet away from patrons. It also sets lighting standards, requires that licensed managers be on site at all times, and sets booth configurations in adult arcades to minimize criminal activity.

For specific questions about Ordinances 13546 and 13547, contact:

Lori Grant
King County Office of Regional Policy and Planning
(206) 296-3458
lori.grant@metrokc.gov

For specific questions about Ordinance 13548, contact:

Terry Denend
King County Licensing and Regulatory Services Division
(206) 296-2713
terry.denend@metrokc.gov