Proposed Paine Field Strip Club License Officially Denied – 10 Day Appeal Period Now Begins Before Final Denial/Approval

June 23, 2011


I received a copy of the denial letter today from the Snohomish County Auditor’s office for Robert Noriega’s application to open a strip club on the Mukilteo Speedway at Everett’s Paine Field. Snohomish County Planning and Development Services division says the proposed club is too close to restaurants that serve alcohol by the drink. Noriega will now have 10 days to appeal that finding. Here’s the letter that outlines the restrictions…

Dear Mr. Noriega,
On June 7, 2011, this office received an application from you for an Adult Entertainment Dance Studio license at the proposed location of 10809 Mukilteo Speedway, Mukilteo, WA, situated in unincorporated Snohomish County.

SCC 6.01.040(4) states in part: “For those licenses or permits which require additional reviews or inspections for compliance with appropriate codes for building, zoning, fire and health or any other statute or regulation, each appropriate department director will, within 30 days after receipt of a copy of the application from the licensing authority, inform the licensing authority in writing of the results of their respective inspections and their recommendations as to the disposition of the application.”

Your application for an Adult Entertainment Dance Studio has been reviewed by all pertinent Snohomish County departments and offices. The Snohomish County Planning and Development Services -Zoning Division has petitioned this office and recommends your license be denied based on the fact there are two (2) current existing businesses serving alcohol by the drink within 660 feet of your proposed location. The businesses identified are the Sakuma Japanese Restaurant and the Lotus Chinese Restaurant. Both restaurants are located in the same business park at 10924 Mukilteo Speedway, Mukilteo, WA.

Specifically, SCC 30.28.015 states in part: “Adult entertainment must meet the following requirements:
(1) Adult entertainment businesses or uses are prohibited within the area
circumscribed by a circle which has the radius shown below from any
public or private school, preschool, educational institution, church or other religious facility, public or private park, youth oriented facility,
establishment serving alcohol by the drink…

(a) Adult entertainment book stores -330′;
(b) Adult entertainment dance studios -660′;
(c) Adult entertainment movie theaters -330′;
(d) Adult hotels -330′;
(e) Adult tanning salons -330′;
(f) Escort businesses -0′;
(g) Nude house cleaning businesses -0′;
(h) Panoram premises–660′;
(i)Public bathhouses and hot tub premises -660′;
(j) All other adult entertainment uses -660′.

(2) The distances specified in this section shall be measured horizontally by following a straight line from the nearest point of the building in which the proposed adult entertainment use is to be located, to the nearest point of the parcel of property, which contains a use from which the proposed adult entertainment use is to be separated and to the nearest point of a zone listed in “SCC 30.28.015(1 ).”

Enclosed is a copy of the Snohomish County Planning and Development Services petition. You may contact Holly Faller, Permit Supervisor at Snohomish County Planning and Development Services at 425-388-3311 ext 2668 if you have further questions regarding this petition and their recommendation for license denial.
SCC 6.01.070 states in part: “The petitioner shall file a copy of the petition with the licensing authority who shall promptly submit a copy of the petition to the applicant in person or by certified mail. The applicant may respond thereto in writing within 10 days of receipt of the petition. If the petition fails to set forth in detail alleged facts that show the issuance of the license/permit will result in a violation of the zoning or license/permit code, or violation of other laws, the petition shall be summarily stricken by the licensing authority and the licensing authority may direct the license/permit to be issued. If the petition does set forth such allegations, the licensing authority shall direct an investigation of said allegations and may deny the license/permit if the allegations are found to be true.”

You have ten (10) calendar days, upon receipt of this letter, to respond to this office in writing regarding these recommendations. At that time, this office will make a final decision on the issuance of your Adult Entertainment Dance Studio license. You will be informed of this office’s final decision in writing. If the final decision is to deny the license, you may appeal the decision to the Hearing Examiner. Appeals shall be filed and processed pursuant to the provisions of chapter 2.02 SCC.
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