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HomeMy WebLinkAboutOrd 1586 - Adult Entertainment Business License.rr1 City of'Tukwila Washington Cover page to Ordinance 1586 The full text of the ordinance follows this cover page. AN ORDINANCE OF"! I HE CITY OF 'TUKWILA, WASHINGI-ON, PE.AU .DINANC � S., 1 170 AND NO. 470 CODIFIED AS T C 5.08, AND D01,Y]'I NEW CABARET DINANC ' O CODIFIED ASTMC 5.0 Ordinance 1586 was amended or repealed by the following ordinances. isoa CITY OF TUKWILA WASHINGTON ORDINANCE NO. Sg to AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1170 AND NO. 470 CODIFIED AS TMC 5.08 AND ADOPTING A NEW CABARET ORDINANCE TO BE CODIFIED AS TMC 5.08 WHEREAS, provision should be made in the Tukwila Municipal Code for an ordinance revising Chapter 5.08, Cabarets; and WHEREAS, the Tukwila City Council desires to adopt an ordinance revising Chapter 5.08 and to incorporate therein certain state regulatory and statutory provisions; and WHEREAS, an ordinance revising Chapter 5.08 and incorporating therein certain state regulatory and statutory provisions, as stated herein, is in the interest of public health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1. Ordinances Revealed. The following ordinances are repealed as follows: Ordinance 1170 (1980); and Ordinance 470 (1967). SECTION 2. Revised Tukwila Municipal Code Chapter 5.08 is adopted as follows: 5.08.010 Definitions. When used in this chapter and unless otherwise distinctly expressed, the following words and phrases shall have the meaning set out in this section: (1) "Cabaret" means the area in any hotel, restaurant, cafe, lunchroom, tavern, or any other place of public resort open for service to the public, or operated for gain or profit, where food and /or refreshments are regularly served, and where theatrical performances, dance or music, or any combination of the aforesaid acts, is maintained or permitted at a minimum of four (4) events per month, and where access to said area of persons is prohibited or limited by reason of age. (2) "Persons" include an individual, firm, corporation, company, partnership, association, an unincorporated association or any person acting in a fiduciary capacity. (3) "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 occurring at any cabaret. Page 1 (4) "Entertainer" means any person who performs any exhibition or dance of any type within a cabaret 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, whether or not such person or anyone else charges or accepts a fee for such exhibition or dance. 5.08.020 Chapter exemption. This chapter shall not apply to any person conducting or engaging in a business providing entertainment or amusement where any admission or similar charges therefor are to be used exclusively for charitable, eleemosynary, educational or religious purposes. 5.08.030 Cabaret License required- -Fee. It is unlawful to conduct, open up, manage or operate or maintain any cabaret as defined in Section 5.08.010 within the city without a valid license to do so to be known as the "cabaret license The annual license fee therefor shall be Three Hundred Dollars ($300). The license fee for a period of less than a year shall be at the rate of Seventy -five Dollars ($75) for each quarterly period. Each such license shall be nonassignable, nontransferable and the fee paid shall be nonrefundable. 5.08.040 Manager's licenses and entertainer's licenses Fees Terms Assinments Renewals. (a) No person shall work as a manager at a cabaret in the city without a current manager's license under this chapter. No person shall work as an entertainer at a cabaret in the city of Tukwila without a current entertainer's license under this chapter. (b) The license year for either a manager's license or an entertainer's license shall be from January 1st to December 31st of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December 31st of each year. (c) The license fee for a manager's license or entertainer's license is fifty dollars. The license fee for each such license is payable for a full year only and is not refundable. (d) A manager's license or entertainer's license under this chapter shall not be assigned or transferred. (e) No person under eighteen years of age may hold a manager's license or entertainer's license under this chapter. (f) In order to obtain renewal of a current manager's license or entertainer's license for the next year, a license holder must file an application for renewal with the clerk prior to expiration of the current license. The renewal fee for each year is fifty dollars. 5.08.050 License application procedure. A. Cabaret License. An applicant for a cabaret license shall make application therefore on the application forms provided by the City Clerk. Each such application 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, home addresses, home telephone numbers, dates and places of birth, and social security numbers of the officers and directors of the applicant, Page 2 partnership. If the applicant is any other type of business entity, then the applicant shall provide the same information requested in this subsection for all managers or other persons who control the business decisions of that entity; (3) The name, address, and telephone number of the cabaret, and the names of all on -site managers of the cabaret; and (4) The name, address, and telephone number of the owner of the property on which the cabaret is located. Each application must be completed in full and signed by the applicant in affidavit or declaration form wherein the applicant certifies under penalty of perjury that the applicant has personal knowledge of all matters asserted in said application and that the statements contained therein are true and complete. B. Manager's or Entertainer's License. Any application for a manager's license or entertainer's license or 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 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 cabaret or cabarets at which the applicant will work, and any stage names or nicknames used in entertaining. The form shall also require the applicant to disclose all prior criminal convictions, including the crime(s) convicted of, place, and the approximate date of each such conviction. At the time of application, the applicant shall present suitable identification providing that the applicant is at least eighteen years of age, which may include (1) a motor vehicle operator's license, issued by any state, bearing the applicant's photograph and date of birth; or (2) any 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. C. Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate, an applicant or license holder promptly shall notify the clerk in writing and provide current information. D. All Completed Applications. A completed application shall be submitted to the City Clerk of the City of Tukwila. An application shall not be considered to be completed unless accompanied by a receipt or other notation from the City showing payment of the required license fee. The City Clerk shall refer a completed application to the following City Department heads for investigation and report as follows: (1) The Chief of Police shall provide a criminal history record of the applicant; (2) The Director of the Department of Community Development shall provide a report stating whether or not the application or premises of the business reflect any actual or potential violations of the City Zoning Code; and (3) The Building Official shall provide a report indicating whether or not said premises are in compliance with all applicable health, safety and building statutes and regulations. 5.08.060 Grounds for denial of application. Upon receipt of a completed application and reports from the above -named officials, a license application shall be approved, except that said application shall be denied for any one or more of the following reasons: Page 3 (1) Application form is incomplete; or (2) Purpose of business sought to be licensed does not comply with the requirements of any City ordinance(s) relating to fire, buildings, health and sanitation or is or will be if licensed, in violation of the City of Tukwila Zoning Code, as determined by the reports from the above -named officials; or (3) The license was procured by fraud or any false statement or misrepresentation of fact in the application or in any report or record filed with the Clerk. In all events, the Clerk shall issue the license, or her reason(s) for non issuance as soon as possible, but in no event more than 30 days after receipt of a completed application. 5.08.070 Revocation or suspension of licenses. A. The City Clerk may revoke any license under this chapter, or may suspend any such license for a period of time not to exceed one year, where one or more of the following conditions exist: (1) The license was procured by fraud or by any false statement or misrepresentation of fact in the application or in any report or record required to be filed with the Clerk; (2) The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code; or (3) The license holder, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter. B. Upon determination that grounds for revocation or suspension of a license exist, the Clerk shall send by first class mail, postage prepaid, to the license holder a notice of revocation or suspension. The notice shall set forth the grounds for revocation or suspension. 5.08.080 Appeals and Hearinz. A. Any person aggrieved by the action of the clerk in refusing to issue or renew any license under this chapter or in suspending or revoking any license under this chapter shall have the right to appeal such action to the city board of adjustment, or to such other hearing body as may hereafter be established by the city council for the hearing of such appeals, by filing a notice of appeal with the clerk within ten days of receiving notice of the action from which appeal is taken. B. The hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within twenty days from the date of such receipt, except as specified in subsection C of this section. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the clerk, pending the decision of the hearing body. C. The decision of the hearing body on an appeal from a decision of the clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. Page 4 D. The decision of the hearing body shall be final unless appealed to the superior court within twenty days of the date the decision is entered. 5.08.090 Minors Employment. The following statutes, regulation, and amendments thereto, are adopted and incorporated by references herein: 5.08.100 License posting. All licenses issued hereunder shall be posted in a conspicuous place in the establishment of the licensee. 5.08.110 Hours of operation Penaltv for violation. A. It shall be unlawful for the owner, proprietor or person in charge of a cabaret to maintain or permit any dancing or music on the premises of the cabaret between the hours of two a.m. and six a.m. B. Any person violating this section, or any section of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or imprisonment not exceeding ninety days, or by both such fine and imprisonment. A separate offense shall be deemed committed upon each day on which a violation occurs. 5.08.120 Complaint investigation. The Chief of Police or his duly authorized representative shall promptly investigate all complaints against any establishment, operator or manager holding a cabaret license. SECTION 3. 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 4. Effective Date. This ordinance shall be in force and effect five days after publication of the attached summary, which is hereby approved. P ATTEST /AUTHENTICATED: S CLERK, JANE CANTU APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By WO RCW 66.44.010 RCW 66.44.316 RCW 66.44.340 RCW 66.44.350 WAC 314 -16 -070 WAC 314 -16 -075 SSED Tj-1E CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 3 day of e e d -�elc 1990. FILED WITH THE CITY CLERK: 1 d 3 9 0 v la- /0 7 0 5 94F' 1SFfeo MAYOR, GARY VANDUSEN Page 5 PASSED BY THE CITY COUNCIL: I c/ PUBLISHED: IA-16 EFFECTIVE DATE: 1 2 ORDINANCE NO.: l mrkl 004/2 Page 6 SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 1170 AND NO. 470 CODIFIED AS TMC 5.08 AND ADOPTING A NEW ORDINANCE TO BE CODIFIED AS TMC 5.08 On /aA 1990, the City Council of the City of Tukwila passed Ordinance No. /5 lvhich provides as follows: revises Chapter 5.08 of the Tukwila Municipal Code; establishes new regulations for licensing cabarets, cabaret managers and entertainers, and provides for an effective date. 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. PUBLISHED: VALLEY DAILY NEWS MONDAY, DECEMBER 10, 1990 mrkl 004/2 APPROVED by the City Council at its meeting of 1990. Page 7 Cap E CANTU, CITY CLERK