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HomeMy WebLinkAboutOrd 1490 - Adult Entertainment Business License Cover page to Ordinance 1490 The full text of the ordinance follows this cover page. Ordinance 1490 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 1601 1604 1651 1747 1839 1910 2 (part) 2355 2 (part) 2381 2 (part) 2496 2 (part) 2575 W L A 1908 CITY OF TUKWILA WASHINGTON ORDINANCE NO. /Z/96 AN ORDINANCE PROVIDING FOR THE LICENSING OF ADULT ENTERTAINMENT CABARETS BY THE ADDITION OF A NEW CHAPTER 5.56 TO THE TUKWILA MUNICIPAL CODE AND REPEALING SECTION 5.08.070. THE CITY COUNCIL OF TUKWILA, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Repealer: Section 5.08.070 of the Tukwila Municipal Code, which deals with nudity and indecent exposure in cabarets, is hereby repealed. Section 2. Regulation of Adult Entertainment Cabarets: A new chapter 5.56 is hereby added to the Tukwila Municipal Code, which shall read as follows: CHAPTER 5.56 ADULT ENTERTAINMENT CABARETS Sections: 5.56.010 Purpose 5.56.020 Definitions 5.56.030 Adult Entertainment Cabaret Licenses-- Fees Terms Agreements Renewals 5.56.040 Manager's Licenses and Entertainer's Licenses Fees Terms Agreements Renewals 5.56.050 License Applications 5.56.060 Issuance of Licenses 5.56.070 Standards of Conduct 5.56.080 Revocation or Suspension of Licenses 5.56.090 Appeals 5.56.100 Violation 5.56.110 Civil Remedies Abatement 5.56.120 Other Remedies 5.56.130 Compliance with Other Ordinances 5.56.140 No Private Right of Action 5.56.010 Purpose This chapter is intended to protect the general health, safety and welfare of the citizenry of the City of Tukwila through the regulation of the operations of public places of adult entertainment. The regulations set forth herein are intended to prevent health and safety problems in and around public places of adult entertainment and to prevent dangerous and unlawful conduct in and around public places of adult entertainment. 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. Page 1 3879C6 /LEH /HJD (b) "Adult entertainment" means any exhibition or dance of any type conducted in any premises 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: (1) any class, seminar or lecture held for serious scientific or educational purposes; or (2) any exhibition or dance presented by a nonprofit theater group, church, public school or other nonprofit entity. (c) "Adult entertainment cabaret" means any premises in which there is at any time an exhibition or dance constituting "adult entertainment" as described in subsection (b) of this section, (1) 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; and (2) held, conducted, operated or maintained for a profit, direct or indirect; 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 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. (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. 5.56.030 Adult Entertainment Cabaret Licenses- Fees-- Terms-- Assianments Renewals (a) No adult entertainment cabaret shall be operated or maintained in the City of Tukwila, unless the owner or lessee thereof has a current adult entertainment cabaret license under this chapter. It is unlawful for any operator, manager, entertainer or employee to knowingly work in or about, or to knowingly perform any service directly related to the operation of, an adult entertainment cabaret without a current adult entertainment cabaret license. (b) The license year for an adult entertainment cabaret license shall be from January 1 to December 31 of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December 31 of each year. Page 2 3879C6 /LEH /HJD (c) The license fee for an adult entertainment cabaret license is five hundred dollars ($500). (d) Except as hereinafter provided, the license fee for each such license is payable for a full year only and is not refundable. If the original application for license is made subsequent to June 30th in any year, the license fee for the remainder of that year shall be two hundred fifty dollars ($250). (e) An adult entertainment cabaret license under this chapter shall not be assigned or transferred. (f) In order to obtain renewal of a current adult entertainment cabaret 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 five hundred dollars ($500). 5.56.040 Manager's Licenses and Entertainer's Licenses-- Fees Terms Assignments Renewals (a) No person shall work as a manager at an adult entertainment cabaret in the City of Tukwila without a current manager's license under this chapter. No person shall work as an entertainer at an adult entertainment 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 1 to December 31 of each year. Each such license shall expire at close of business or midnight, whichever is earlier, on December 31 of each year. (c) The license fee for a manager's license or entertainer's license is fifty dollars ($50). 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 (18) 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 ($50). 5.56.050 License AAplications (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. Page 3 3879C6 /LEH /HJD (2) The names, addresses, telephone numbers, and social security numbers of partners, corporate officers or shareholders who collectively own fifty -one percent (51 or more of the applicant, if the applicant is a partnership, corporation or other entity. (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 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 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. (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. 5.56.060 Issuance of Licenses Renewals (a) Upon receipt of any application for a license under this chapter, the Clerk shall refer the application to the Police Department, which shall investigate the truth of the statements in the application and shall investigate the applicant's compliance with the standards of this chapter. (b) After an investigation, the Clerk shall issue a license if the Clerk finds: (1) That the applicant complies with all of the requirements and standards of this chapter; (2) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not made any false, misleading or fraudulent statement of fact in the application for a license, or in any report or record required to be filed with the Clerk; and (3) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not been convicted under any of the following Revised Code of Washington chapters or equivalent crimes in other jurisdictions: RCW 9A.44 Sexual Offenses RCW 9A.64 Family Offenses RCW 9A.88 Indecent Exposure RCW 9A.42 Criminal Mistreatment RCW 9.68 Obscenity /Pornography RCW 9.68a Sexual Exploitation of Children Page 4 3879C6 /LEH /HTD In any event, the Clerk shall issue a license or notice of nonissuance within 30 days of the application. Notice of nonissuance shall specify the reasons therefor. (c) Upon receipt of any application for renewal of a license under this chapter, the Clerk shall issue the renewal unless the Clerk has information which indicates that the applicant would not qualify for the initial issuance of a license under subsection (b) of this section. In any event, the Clerk shall issue the renewal or notice of nonissuance within five days of the application. Notice of nonissuance shall specify the reasons therefor. (d) Upon receipt of any application for a manager's license or entertainer's license or renewal thereof, the Clerk shall issue a temporary permit, which shall authorize the applicant to perform as a manager or entertainer, pending disposition of the application. The temporary permit shall expire upon issuance of a license or renewal thereof or notice of nonissuance and, in any event, shall expire at the end of 30 days. The holder of a temporary permit is subject to all requirements, standards and penalty provisions of this chapter. 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. ENERTAINERS ARE PROHIBITED FROM THE FOLLOWING CONDUCT: Page 5 3879C6 /LEH /HJD (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. 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. (i) No entertainer at an adult entertainment cabaret shall demand or collect all or any portion of a fee from a patron for entertainment before its completion. (j) No adult entertainment cabaret shall employ any person under the age of eighteen (18) years as an entertainer or allow an entertainer on its premises for the purpose of providing adult entertainment if the person is under eighteen (18) years of age. (k) An adult entertainment cabaret under this chapter shall hold those areas of the premises which are accessible to the public open for routine regulatory inspections by the City during business hours, so as to assure compliance with the requirements and standards of this chapter. This section shall not restrict or limit the right of entry vested in any law enforcement agency or the Fire Department. 5.56.080 Revocation or Suspension of Licenses (a) The 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 a false or misleading representation 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 this chapter; (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. Page 6 3879C6 /LEH /HJD (b) Upon determinination that license exist, the Clerk shall send or suspension. The notice shall suspension. Upon issuance of such current. 5.56.090 Appeals grounds for revocation or suspension of a the license holder a notice of revocation set forth the grounds for revocation or notice, the license is no longer valid and (a) Upon notice of nonissuance, revocation or supension of any license under this chapter, the applicant or license holder may appeal by filing a notice of appeal with the Clerk within ten days of the date of the notice of nonissuance, revocation or suspension. The notice of appeal shall stay the effect of the notice of nonissuance, revocation or suspension. (b) At the time of the filing of a notice of appeal, the Clerk shall schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be no earlier than three days and no later than ten working days from the date of the notice of appeal. The Hearing Examiner shall be the Clerk or his /her designee. (c) Within two working days from the date of the hearing on an appeal under this section, the Hearing Examiner shall issue a written decision, which shall set forth the reasons therefor. The decision of the Hearing Examiner shall be final. (d) In the event of litigation over the validity of a decision by a Hearing Examiner on an appeal under this section, the Clerk in his /her discretion may grant the appellant an interim license for any period up to one year and may renew the interim license for additional periods of up to one year each. An interim license under this subsection may authorize any activities that any license under this chapter may authorize. A holder of an interim license is subject to all requirements, standards and penalty provisions of this chapter and shall pay the license fee and all renewal fees and shall supply all information to the Clerk as if he were an ordinary license holder. 5.56.100 Violation Any person who knowingly violates any of the provisions of this chapter is guilty of a gross misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days, or both. Each separate day or any protion thereof, during which any violation of any provision of this chapter occurs or continues, shall be a separate and distinct offense. 5.56.110 Civil Remedies Abatement The violation of or failure to comply with any of the provisions of this chapter is unlawful and a public nuisance. The Clerk may abate any violation of this chapter if, upon notice from the Clerk, the violator does not stop the violation within three days. Alternatively, the Clerk may seek legal or equitable relief to enjoin any act or practice which constitutes or will constitute a violation of any regulation herein adopted. 5.56.120 Other Remedies. The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Page 7 3879C6 /LEH /HJD 5.56.130 Compliance With Other Ordinances (a) This chapter is separate and independent from other provisions of the Tukwila Municipal Code and does not relieve any person of the requirement (1) to obtain a general business license under Chapter 5.04 of the Tukwila Municipal Code; or (2) to obtain any other permit or approval from the City of Tukwila under any provision of the Tukwila Municipal Code. (b) Violation of any provisions of Chapter 18 of the Tukwila Municipal Code by any adult entertainment cabaret shall constitute grounds for nonissuance, revocation or suspension of (1) the adult entertainment cabaret license of such adult entertainment cabaret; and (2) the manager's license or entertainer's license of any manager or entertainer employed by such adult entertainment cabaret. 5.56.140 No Private Right of Action Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of an applicant or license holder to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter by the City or its officers, employees or agents. Section 3. Severabilitv: Each provision of this chapter is separate and severable from all other provisions of this chapter. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstances, shall not affect the enforcement of the remainder of this chapter to any person or circumstances. Section 4. Effective Date: This ordinance shall be in force and effect five days after publication of the attached Summary which is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWIL ON, this a day of 1988. MA AAR� VAN DUSEN ATTEST /AUTHENTICATED: C ITY CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE THE CITY ATTO By FI D WITH THE CITY CLERK: 7 PASSED BY THE CITY COUNCIL: PUBLISHED: �5 k9' EFFECTIVE DATE: 36 gg ORDINANCE NO.: /4(90 Page 8 3879C6 /LEH /HSD SUMMARY OF ORDINANCE NO. I Z ?4� AN ORDINANCE PROVIDING FOR THE LICENSING OF ADULT ENTERTAINMENT CABARETS BY THE ADDITION OF A NEW CHAPTER 5.56 TO THE TUKWILA MUNICIPAL CODE AND REPEALING SECTION 5.08.070. On `Jj .1,/ 1988, the City Council of the Ordinance No. L Qp which provides for repeal Tukwila Municipal Code, for licensing and regulation cabarets and for standards of conduct therein by Chapter 5.56 to the Tukwila Municipal Code, for seven an effective date. City of Tukwila passed of Section 5.08.070 of of adult entertainment the addition of a new ability, and establishes 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 -Z 1988. MAXINE'ANDERSON, CITY CLERK 3879C1/ Pu b 1► s h V c l l e j 3 1 CI N-e W s- 02 -6 Pte'"