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HomeMy WebLinkAboutOrd 1604 - Adult Entertainers and Levels of Illumination Cover page to Ordinance 1604 The full text of the ordinance follows this cover page. Ordinance 1604 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 1839 1910 1, 2 2355 1 2496 1, 2, 3 2575 U.A g 1906 CITY OF TUKWILA WASHINGTON ORDINANCE NO. /60 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF TUKWILA MUNICIPAL CODE CHAPTER 5.56, AS ORIGINALLY ENACTED BY ORDINANCE NO. 1490, RELATING TO THE CONDUCT OF ENTERTAINERS AND THE LEVELS OF ILLUMINATION IN ADULT ENTERTAINMENT CABARETS. WHEREAS, the City Council has previously enacted Ordinance No. 1490 establishing licensing provisions and standards of conduct applicable to adult entertainment cabarets, and WHEREAS, experience subsequent to the enactment of Ordinance No. 1490 demonstrates clearly the need for those regulations, as well as the additional regulations contained herein, and WHEREAS, the City Council concludes that these regulations are necessary and proper in order to protect the general health, safety and welfare of the citizens of the City of Tukwila and to help prevent and deter dangerous and unlawful conduct in and around adult entertainment cabarets, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. Section 5.56.020 of the Tukwila Municipal Code is hereby amended to read as follows: 5.56.020 Definitions. (a) "Clerk" means the City Clerk of the City of Tukwila who is designated by the Mayor as licensing official under this chapter. It also includes his /her designee. (b) "Adult entertainment" means any exhibition or dance of any type conducted in any premises open to the public at any time insofar as such exhibition or dance involves exposure to view of any portion of the breast below the top of the areola or any portion of the pubic hair, anus, buttocks, vulva and /or genitals; Provided that "Adult Entertainment" does not include any class, seminar or lecture held for serious scientific, artistic, or educational purposes. (c) "Adult entertainment cabaret" means any premises open to the public at any time in which there is at any time an exhibition or dance constituting "adult entertainment" as described in subsection (b) of this section, provided for the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public; Provided that "adult entertainment cabaret" shall not include any tavern or other business that maintains a liquor license. (d) "Manager" means any person who manages, directs, administers, or is in charge of the affairs and /or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment cabaret. (e) "Entertainer" means any person who performs any exhibition or dance of any type within an adult entertainment cabaret whether or not such person or anyone else charges or accepts a fee for such exhibition or dance. 1 (f) "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance. (g) "Employee" means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of an adult entertainment cabaret. (h) "Operator" means any person who owns, operates, conducts or maintains an adult entertainment cabaret, without regard to whether such person owns the premises in which the adult entertainment cabaret does business. Section 2. License Applications. Section 5.56.050 of the Tukwila Municipal Code is hereby amended to read as follows: 5.56.050 License Applications. (a) Adult Entertainment Cabaret License. Any application for an adult entertainment cabaret license or renewal thereof shall be submitted in the name of the operator of the adult entertainment cabaret to which the application pertains and shall be signed by such operator or his agent and notarized or certified as true under penalty of perjury. Each such application shall be submitted on a form supplied by the Clerk. The form shall require the following information: (1) The name, home address, home telephone number, date and place of birth, and social security number of the applicant, if the applicant is an individual. (2) The names, addresses, telephone numbers, and social security numbers of partners, corporate officers and directors, or others who control the business decisions of the applicant, if the applicant is other than an individual. (3) The name, address, and telephone number of the adult entertainment cabaret. (4) The name, address and telephone number of the owner of the property on which the adult entertainment cabaret is located. (b) Manager's License or Entertainer's License. Any application for a manager's license or entertainer's license, or any renewal thereof, shall be signed by the applicant and notarized or certified to be true under penalty of perjury. Each such application shall be submitted on a form supplied by the Clerk. The form shall require a statement of the applicant's name, home address, home telephone number, date and place of birth, social security number, and the name, address and phone number of the adult entertainment cabaret or cabarets at which the applicant will work, and any stage names or nicknames used in entertaining. At the time of application, the applicant shall present picture identification which shall include (1) a motor vehicle operator's license, issued by any state, bearing the applicant's photograph and date of birth; or (2) a state issued identification card bearing the applicant's photograph and date of birth. At the same time, the Clerk shall photograph each applicant for the Clerk's records and the Police Department's records. (c) Dutv to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, including but not limited to substantial changes to an applicant's hair style and color or facial features, an applicant or license holder promptly shall notify the Clerk in writing and provide current information, including a current photograph accurately reflecting any change in looks when 2 compared to the most recent photograph available under subsection (b), above. Section 3. Standards of Conduct. Section 5.56.070 of the Tukwila Municipal Code is hereby amended to read as follows: 5.56.070 Standards of Conduct. Each adult entertainment cabaret and each operator, manager, entertainer and employee thereof shall comply with the following standards of conduct: (a) No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breast below the top of the areola, or any portion of the pubic hair, anus, buttocks, vulva and /or genitals, except upon a stage at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron. (b) No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, and /or buttocks, or any portion of the pubic hair, except upon a stage at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron. (c) No employee or entertainer shall touch, fondle or caress any patron for the purpose of arousing or exciting the patron's sexual desires. No employee or entertainer shall sit on a patron's lap or separate a patron's legs. (d) No employee or entertainer shall allow a patron to touch an employee or entertainer on the breast, in the pubic area, buttocks, or anal area. No patron shall touch, fondle or caress an employee or entertainer for the purpose of arousing or exciting the sexual desires of either party. (e) A licensed manager shall be on the premises of an adult entertainment cabaret at all times that adult entertainment is in progress. (f) There shall be posted and conspicuously displayed in the common areas of each adult entertainment cabaret a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. (g) There shall be posted and conspicuously displayed in the common areas of each adult entertainment cabaret a sign that shall read as follows: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF TUKWILA. ENTERTAINERS ARE PROHIBITED FROM THE FOLLOWING CONDUCT: (1) Exposure of breasts below the top of the areola, any portion of the pubic hair, buttocks, genitals or vulva and /or anus, except upon a stage at least eighteen (18) inches from the immediate floor level and removed at least six (6) feet from the nearest patron; and (2) Demand or collection of all or any portion of a fee from a patron for entertainment before its completion. (h) Every place offering adult entertainment shall be arranged in such a manner that: (1) The stage on which adult entertainment is provided shall be visible from the common areas of the premises. 3 Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever. (2) No adult entertainment occurring on the premises shall be visible at any time from outside the adult entertainment cabaret premises. (3) Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breast below the top of the areola or any portion of the pubic hair, buttocks, genitals and /or anus may be visible from outside the adult entertainment cabaret premises. (4) Sufficient lighting shall be provided in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times and all parts of such premises shall be illuminated so that patrons or others on any part of the premises shall be able to read the Washington State Liquor Control Board card, or other written instrument, printed in 08 point type. A copy of the Washington State Liquor Control Board card, printed in 08 point type, is attached to this Ordinance as Exhibit A and it or an accurate photocopy or other reproduction thereof is presumed admissible in any judicial proceeding commenced under this chapter. Section 4. Severabilitv. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHIN�, at a regular meeting thereof this �5 day of 1991. ,,PPR V,F11: W ayor Gary L. VanDusen ATTEST /AUTHENTICATED: Jane Canl'u, City Clerk APPROVED AS TO FORM: A OFFICE OF TFr CITY ATTORNEY Filed with the City Clerk: Passed by the Cit Council: Ordinance No. CITY ATTY /ADULTENT 4 SUMMARY OF ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 5.56 OF THE TUKWILA MUNICIPAL CODE, AS ORIGINALLY ENACTED BY ORDINANCE NO. 1490, RELATING TO THE CONDUCT OF ENTERTAINERS AND THE LEVELS OF ILLUMINATION IN ADULT ENTERTAINMENT CABARETS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. On August 5. 1991. the City Council of the City of Tukwila passed Ordinance No. 1604. establishing additional regulations with respect to the conduct of entertainers, the levels of illumination in adult entertainment cabarets, and licensing of adult entertainers and managers of adult entertainment establishments. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of August 5, 1991. Jane E. Cantu, C;y Clerk Published Valley Daily News AUGUST 11, 1991 F11.-'