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HomeMy WebLinkAboutOrd 1475 - Public Use of Panoram Devices.rr1 City of'Tukwila Washington Cover page to Ordinance 1475 The full text of the ordinance follows this cover page. AN ORDINANCE OF TEF CITY OF TUKWILA, WASHINGTON, ADOPTING, CHAPTER "' TUKWM4 I IPAL GODS TO PROVIDE COMPS °iEN I" REGULATI IC USE OF PANORAM DEVICES Ordinance 1475 was amended or repealed by the following ordinances. 1906 CITY OF TUMILA WASHINGTON ORDINANCE NO. /4/7 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 5.52 TO THE TUKWILA MUNICIPAL CODE TO PROVIDE COMPREHENSIVE REGULATIONS ON PUBLIC USE OF PANORAM DEVICES WHEREAS, the adult entertainment task force of the City of Tukwila has researched regulation of panoram devices in other cities and has conducted a public forum to gather input on the subject, and WHEREAS, the task force has concluded that regulation of public use of panoram devices is feasible and consistent with community sentiment and has formulated a draft ordinance for comprehensive regulation of public use of panoram devices, and WHEREAS, the City Council has considered the issue, has held a public hearing thereon and has concurred with the task force's conclusions, THE CITY COUNCIL OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Regulation of Panoram Devices. A new chapter 5.52 is hereby added to the Tukwila Municipal Code to read as follows: CHAPTER 5.52 PANORAM DEVICES Sections: 5.52.010 Definitions 5.52.020 Panoram premises license required 5.52.030 Panoram device license required 5.52.040 Panoram operator's license required 5.52.050 License fees Term Assignment Renewals 5.52.060 License application Report by City departments. 5.52.070 Inspection of Panoram premises 5.52.080 Issuance of license 5.52.090 Suspension or revocation of Licenses Notice Summary Suspension 5.52.100 Appeal and hearing 5.52.110 Premises regulations 5.52.120 Unlawful acts 5.52.130 Violation a misdemeanor 5.52.140 Compliance 5.52.010 Definitions. As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise: A. "Clerk" means the City of Tukwila employee or agent appointed by the mayor as licensing official under this chapter. B. "Panoram," "preview," "picture arcade," or "peep show," means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit or display a film or videotape. All such devices are denominated in this chapter by the terms "panoram" or ORDINANCE PANORAM DEVICES Page 1 3703C6 /LEH /JFC 0 "panoram device The terms "panoram" and "panoram device" as used in this chapter do not include games which employ pictures, views or video displays, or gambling devices regulated by the State. C. "Panoram premises" means any premises or portion of any premises on which any panoram device is located and to which members of the public are admitted. The term "panoram premises" as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people. D. "Panoram station" means a portion of any panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device. 5.52.020 Panoram premises license reauired. A. It is unlawful to display, exhibit, expose or maintain any panoram device upon any premises to which members of the public are admitted unless there is a valid and current panoram premises license for such premises. B. A separate panoram premises license is required for each panoram premises and the same shall at all times be conspicuously posted and maintained therein. C. The clerk shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder, and the location of the licensed panoram premises. 5.52.030 Panoram device license reauired. A. It is unlawful to exhibit or display for public use any panoram device upon any panoram premises without first having obtained a panoram device license for each such panoram device. B. Panoram device licenses shall be issued for specific panoram premises only and shall not be transferable. C. The current panoram device license for each panoram device shall be securely attached to each panoram device in a conspicuous place. D. The clerk shall prescribe the form of such license and number the same. 5.52.040 Panoram operator's license required. It is unlawful to own and exhibit or display for public use, or to place with another, by lease or otherwise, for public use, exhibit or display, any panoram device without a valid and current panoram operator's license. The clerk shall prescribe the form of such license and shall number the same. 5.52.050 License fee Terms Assignment Renewals. A. The license year for licenses under this chapter shall be from January 1 to December 31. All licenses under this chapter shall expire on the December 31 of each year. Except as hereinafter provided, all license fees under this chapter shall be payable on an annual basis. Annual license fees shall be as follows: 1. Panoram premises license $100 per annum 2. Panoram device license $50 per annum for each device 3. Panoram operator license $725 per annum B. License fees under subsection A shall not be prorated, except that, if the original application for a license is made subsequent to June 30 in any year, the license fee for the remainder of that year shall ORDINANCE PANORAM DEVICES Page 2 3703C6 /LEH /JFC 0 be one -half of the annual license fee. Licenses issued under this chapter may not be assigned or transferred to other premises, perators or devices. C. On or before December 31 of each year, a licensee under this chapter shall file an application for renewal of each license he wishes to use in the next license year. An application for renewal of a license shall be filed in the same manner as an original application for such a license and shall be accompanied by a renewal fee in an amount equal to the license fee applicable to an orignal application for such a license under subsection A. On renewal applications filed after December 31, the clerk shall assess and collect an additional charge as follows: 1. If the application is more than six but less than 31 days late, the additional charge is 250 of the renewal fee. 2. If the application is more than 30 but less than 61 days late, the additional charge is 50% of the renewal fee. D. If a licensee, on or before December 31 of any year, gives written notice to the City Clerk that he will not, after December 31, conduct business in a manner requiring a license under this chapter, such licensee may reapply for a license at any time he wishes to conduct a business requiring such a license. E. If a licensee does not give written notice as provided for in (D) above, or having given such notice, operates after December 31 in a manner requiring a license under this Chapter, and does not renew such required license as provided in (C) above, such license shall be automatically revoked on the 61st day following the prior December 31st and such licensee may not reapply for such license for a period of one year from such date of revocation. Upon such revocation, the City Clerk shall promptly mail written notice of such revocation to such licensee. 5.52.060 License application Report by City Departments. A. Any person seeking a panoram premises license, panoram operator's license or panoram device license shall file a written application with the clerk on a form provided by the clerk for that purpose. The clerk, upon presentation of such application and before acting upon the same shall refer such application to the City Police Department, which shall make a full investigation as to the truth of the statements contained therein, and to the City Development Review Committee and City Fire Department, and to the King County Health Department, which shall investigate and provide information to the clerk concerning compliance of the premises and devices sought to be licensed with this and other applicable city and state health, zoning, building, fire and safety ordinances and laws. B. Applicants for any license or renewal thereof under this chapter shall provide information as follows: 1. With each application for a panoram premises license or renewal thereof, applicants shall provide: a. The name, address and telephone number of each person applying for the license; b. The name, address and telephone number of each person holding an ownership, leasehold or interest in the panoram premises; c. The name, address and telephone number of the manager or other person re-Tonsible for the operation of the premises; ORDINANCE PANORAM DEVICES Page 3 3703C6 /LEH /JFC 0 d. The address of the premises; e. The number of panoram devices to be located on the premises; and f. A sketch or drawing sufficient to show the layout of the premises, including all information necessary to determine whether the premises complies with the provisions of this chapter. 2. With each application for a panoram device license or renewal thereof, applicants shall provide: a. The name, address and telephone number of each person applying for the license; b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in the panoram device; c. The name, address and telephone number of each person responsible for the operation of the panoram device; d. The address at which the panoram device is to be located; and e. A description of the panoram device, including make, model and serial number. 3. With each application for a panoram operator's license or renewal thereof, applicants shall provide: a. The name, address and telephone number of each person applying for the license; b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in the panoram device; and c. A list of all panoram devices and premises at which panoram devices are located, together with a description of all panoram devices, including make, model and serial number. 5.52.070 Inspection of panoram premises. A. Applicants for any license under this chapter with respect to any premises or devices shall allow such premises or devices to be inspected by authorized inspectors from the City Fire Department, City Police Department, City Development Review Committee and King County Health Department, for the purpose of determining whether such premises and devices comply with this chapter. B. Licensees operating premises and devices licensed under this chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by the City Fire Department or City Police Department during normal business hours. 5.52.080 Issuance of Licenses. A. Within 30 days of the date of filing of any application, the clerk shall issue the license or licenses applied for or renewal thereof, or notice of nonissuance and the reasons therefor. B. The clerk shall issue the license or licenses applied for if and only if, after an investigation, the clerk' finds: 1. That the business for which a license is required herein will be conducted in a building, structure and location ORDINANCE 'ANORAM DEVICES Page 4 3703C6 /LEH /JFC 0 which complies with the requirements and standards of this chapter; and 2. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the clerk. C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicants from holding the license for which they seek renewal. 5.52.090 Suspension or revocation of licenses notices summary suspension. A. After an investigation and upon the recommendation of the Chief of Police, Director of Planning, Fire Chief or the King County Health Officer, the clerk may, upon 30 days' notice, temporarily or permanently suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist: 1. The license was procured by fraud or misrepresentation of a material fact in the application or in any report or record required to be filed with the clerk; or 2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or the standards of this chapter. 3. The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted in or upon the panoram premises, any violations of this chapter or acts made unlawful under this chapter. B. If the clerk finds that any condition set forth in subsection A of this section exists, and that such condition constitutes a threat of immediate serious injury or damage to persons or property, the clerk may immediately suspend any license issued under this chapter pending a hearing in accordance with Section 5.52.100. The clerk shall issue notice setting forth the basis for the clerk's action and the facts supporting the clerk's finding regarding the condition found to exist that constitutes a threat of immediate serious injury or damage to person or property. 5.52.100 Appeal and hearing. A. Any person aggrieved by the action of the clerk in refusing to issue or renew any license under this chapter or in temporarily or permanently suspending or revoking any license under this chapter shall have the right to appeal such action to the City of Tukwila 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 10 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 20 days from the date of such receipt, except as specified in subsection C. 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. In cases of summary suspension of licenses because of the threat of immediate serious injury or damage to persons or property pursuant to subsection B of section 5.52.090, the hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing within ORDINANCE PANORAM DEVICES Page 5 3703C6 /LEH /JFC C) five days of the date of such receipt. The hearing body shall render a decision within five days of the conclusion of the hearing. The filing of such appeal shall not stay the action of the clerk. D. 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 clerk. E. The decision of the hearing body shall be final unless appealed to the Superior Court within 20 days of the date the decision is entered. 5.52.110 Premises regulations. The clerk shall not license any panoram premises which do not conform to the requirements of this section and shall revoke or suspend the license of any panoram premises, and the license of any operator thereof, which do not maintain conformity with these requirements. A. The interior of every panoram station shall be arranged in such a manner that the view from a continuous main aisle of any person viewing a panoram shall not be obstructed except by a door, curtain or other device the bottom of which is at least 42 inches from the floor. B. The panoram stations on any panoram premises shall be separated by partitions constructed of wood or other solid and opaque material. No openings in such partitions for ventilation or any other purposes shall extend higher than 12 inches from the floor or lower than 84 inches from the floor. C. The licensee shall not permit any doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee to be locked during business hours. D. The licensee shall maintain illumination equally distributed in all parts of the premises available for use by the public in compliance with the City of Tukwila building code, at all times when the premises are open or when any member of the public is permitted to enter and remain therein. E. No panoram booth or stall having a door, curtain or other screening device at its entrance shall contain any chair or other seating surface. F. The entire floor area of a panoram booth or stall must be level with the continuous main aisle. No steps, ramps or risers are allowed in any such booth or stall. G. The licensee shall permanently post and maintain on the interior and exterior of each booth or stall on the panoram premises a sign with one -inch lettering on a contrasting background stating: Occupancy of this booth is at all times limited to only one person. Violators are subject to criminal prosecution under Tukwila Municipal Code 5.52.130. H. The licensee shall not operate or maintain any warning system or device, of any nature or kind, for the purpose of warning customers or patrons or any other persons occupying panoram booths or stalls located on the licensee's premises that police officers or City health, fire, licensing or building inspectors are approaching or have entered the licensee's premises. I. A licensed panoram operator shall be on the premises at all times that premises is open to the public for business. ORDINANCE PANORAM DEVICES Page 6 3703C6 /LEH /JFC 0 5.52.120 Unlawful acts. A. A panoram booth or stall subject to the requirements of this chapter may only be occupied by one (1) person at any one time. It is unlawful for any person to occupy such a booth or stall at the same time it is occupied by any other person. B. It is unlawful to stand or kneel on any chair or seating surface in a panoram booth or stall. C. It is unlawful for any owner, operator, manager, employee or other person in charge of premises for which a panoram location license is required to warn, aid and abet the warning of, customers or patrons or any other persons occupying panoram booths or stalls located on the licensee's premise that police officers or City health, Fire, licensing or building inspectors are approaching or have entered the licensee's premise. 5.52.130 Violation a misdemeanor. Any person violating any of the provisions of this chapter is guilty of a misdemeanor. 5.52.140 Compliance. All persons regulated pursuant to this chapter shall comply with this chapter within 30 days of the effective date of the ordinance codified in this chapter. Section 2. Severability. If any section of the ordinance codified in this chapter, or any portion of any section of the ordinance codified in this chapter, or its application to any person or circumstances, is declared by a court of competent jurisdiction to be invalid, the remainder of the ordinance codified in this chapter or the application of the provision to other persons or circumstances shall not be affected. Section 3. Effective Date. This ordinance shall be in force and effect five days from and after publication of the attached summary which is hereby approved. PASSED Y THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 400 day of 1988. ARY VAN DUSEN ATTEST /AUTHENTICATED: 7 CIfY LERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFI(E OF THE CITY ATT EY By 1 FIL D WITH THE CITY CLERK: 9.4- 7? PASSED BY THE CITY COUNCIL: 9 -6- Fi PUBLISHED: V- T- 'r EFFECTIVE DATE: 9 /'I' 9? ORDINANCE NO.: /9'14 ORDINANCE PANORAM DEVICES Page 7 3703C6 /LEH /JFC 0 SUMMARY OF ORDINANCE NO. /4 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 5.52 TO THE TUKWILA MUNICIPAL CODE TO PROVIDE COMPREHENSIVE REGULATIONS ON PUBLIC USE OF PANORAM DEVICES On t 1988, the City Council of the City of Tukwila passed Or nance No. /i rJ which provides as follows: adopts a new Chapter 5.52 to the Tukwila Municipal Code to provide comprehensive regulations on public use of panoram devices; for severability; and establishes 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. APPROVED BY THE CITY COUNCIL at their meeting of 6 1988. �1AXI ANDERSON, CITY CLERK PUBLISH: Valley Daily News September 9, 1988 3703C2