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Home My WebLink AboutR-1088 - Relating to the issuance of a business permit to video west 9418 Highway 99 Marysville WashingtonCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.~ A RESOLUTION OF THE CITY OF MARYSVILLE RELATING TO THE ISSUANCE OF A BUSINESS PERMIT TO VIDEO WEST, 9418 HIGHWAY 99,MARYSVILLE,WASHINGTON RECITALS A.Video West is a retail sales and rental outlet for video cassette films and video recorders,doing business at 9418 Highway 99,Marysville,Washington. B.On January 24,1983,Video West submitted an Applica- tion for Business Permit.Said application was accompanied by written materials explaining the nature of the business,an inven- tory of its video cassettes,and its impact upon the residential and business community of the City. C.On March 15,1983,the Marysville Compliance Officer determined that a Business Permit could not be issued to Video West until the applicant prepared a full Community Impact Statement pur- suant to Section 5.56.040 of the Marysville Municipal Code,and sub- mitted the same to the City Council for review. D. On March 25,1983,the applicant submitted supplemental materials entitled "Comnunity Impact Statement." E.A public hearing was scheduled before the Marysville City Council on March 28,1983.Notice of the public hearing,and copies of the preliminary Community Impact Statement,were distributed to the Mayor and all Councilmembers,the Public Library,the Secre- tary of the Marysville School Board,the Secretary of the Harysville Chamber of Commerce,and to all other interested parties. F.A public hearing was conducted on March 28,1983,and the City Council considered the testimony of Mr.and ""rs.John A. Smistad,owners of Video West,and argument of their attorney, George W.Cody.No members of the public requested to testify. City Councilmembers expressed certain concerns regarding the nature Resolution - 1 .. of the business,its method of operation and its impact upon the community.The applicant was asked to prepare responses to said concerns and sumit the same to the City Council on April 4,1983. G. On April 4,1983,the public hearing was continued. Additional written materials were submitted by the applicant, together with testimony of JohnA.Smistad and argument of his attorney,George W.Cody.Certain Councilmembers stated that they had made investigations on their own regarding other video stores in the vicinity,and the results of said investigations were dis- closed and discussed.The City staff provided information relat- ing to Business Permits which had been granted or denied for other video stores and movie theatres in the City. H.Based upon the record compiled at said public hearing, and pursuant to Section 5.56.050 of the Marysville Municipal Code, the City Council hereby enters the following: FINDINGS 1.Video West rents,sells and special orders various com- mercially produced and pre-recorded video films.The films range through the entire spectrum of the film rating schedule,from "G"- rated films through "PG","R"and "X".The relative percentages of such films during the months of January and February 1983 were as follows: "X"-rated films constitute 10%of the total film inventory. "X"-rated films constitute 13.4%of the total inventory of titles available. Disney films constitute 5.7%of the total inventory. Disney films constitute 10.4%of the total title inventory.~ "X"-rated films constitute 15.3%of the total films rented/sold. 68.7%of the time when an "X"-rated film .i s rented,a non-"X"-rated film is also rented by the same party. Resolution -2 ....'..... 33.8%of the time that a video machine is rented,an "X"-rated film is also rented by the same party. 2."X~-rated films are those distinguished or character- ized by their emphasis on matter depicting,describing or relating to "specified sexual activities"or "specified anatomical areas" as defined in the Marysville Municipal Code. • 3.Video West has "X"-rated films as a significant por- tion of its stock in trade,arid meets the definition of "Adult Establishment"in the Marysville Mun.i.ci.pa.L Code. 4.Video West depends upon the "XU-rated portion of its business to sustain its profit margin~.and actively solicits the same.Advertisements available to the general public openly refer to the "X"-rated films.Newsletters sent to all families who are members of Video West also refer to "X"-rated films,and the con- tent of said newsletters is prepared by a service which prepares newsletters for video stores throughout the area. 5.Films are frequently shown on a public display screen in the store,visible to all persons.Video West is willing to adopt a new policy to show only "G"and "PG"films on this screen. 6."X"-rated films,illustrated cassette covers,and advertising posters are restricted to an alcove in the store which is allegedly accessible to only those persons who are 21 years and older.However,the alcove is visible from the area of the store open to the general public,and restrictions on access are loosely based upon voluntary compliance. 7.Video West employs a clerk who is a minor.She some- times works on a shift by herself.This would not constitute adequate control over access to the "X"-rated portion of the store or over those persons who would be permitted to rent such films. 8.Based upon the foregoing,the City Council finds that a significant part of the business of Video West is oriented toward exploitation of sex or violence,and may encourage or suggest crim- inal acts,contribute to the disintegration of the family structure, and undermine the moral and social values of family members.Such orientation is not constructively related to the health,education and welfare of the family,and is inconsistent wi th the purposes of Chapter 5.56 of the Marysville Municipal Code.Such an orientation has not been found to be necessary or desirable by any similar busi- ness in the community.No other video store or theatre in Marysville offers "X"-rated films,and all appear to be prospering to their own benefit and the benefit of the community Resolution - 3 '. ~........-. , 9.If the "X"-rated portion of the business were elimin- ated,or significantly decreased and more stringent methods were used to restrict pUblic exposure and access to the same,the adverse impacts upon the community would be mitigated.No restric- tions are needed on the non-"X"-rated portion of the business,and a Business Permit could be immediately issued for the same. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,AS FOLLOWS: Based upon Chapter 5.56 of the Marysville Municipal Code,and the foregoing Findings which have been issued in accordance therewith, a Business Permit for Video West,9418 Highway 99,Marysville, Washington,is hereby DENIED subject to the condition that the permit shall be granted immediately upon mitigation measures referred to in paragraph 9 above being accomplished to the satis- faction of the City. /Jlj,ADOPTED by lJ;L ~i ty ~day of 'k'1 I I APPROVED AS TO FORM: Council and APPROVED by the Mayor this ,1983. ATTEST: BY~C?~~7l'iCITYCLERK Byd?,a>b ~<"01~_\jJ ITY AT'Jt9RNEY Resolution - 4