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Home My WebLink AboutOrd 1839 - Premises Configuration Requirements of Adult Entertainment TMC 5.56.080 (Repealed by Ord 2575) Cover page to Ordinance 1839 The full text of the ordinance follows this cover page. Ordinance 1839 was amended or repealed by the following ordinances. REPEALED Section(s) Repealed Repealed by Ord # 2575 .p1ILA J gnu ••.qs nor •.2n iiiiilii 9� yam, T C ity o Washington Ordinance No. M AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1490 1604, AND 1747 RELATING TO PREMISES CONFIGURATION REQUIREMENTS OF ADULT ENTERTAINMENT CABARETS CODIFIED AT TUKWILA MUNICIPAL CODE 5.56.080; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has been involved in litigation, Citv of Tukwila v. Deia Vu Lvnnwood. Inc.. dba Deia Vu Airport King County Cause Number 97 2 06900 9KNT; and WHEREAS, one of the issues in the litigation relates to the signage requirements found in Tukwila Municipal Code 5.56 and in Tukwila Municipal Code 5.10; and WHEREAS, the City prevailed at summary judgment on all issues except the signage issue; and WHEREAS, the signage issue is currently scheduled to be resolved through a trial; and WHEREAS, the City, in the interest of resolving the litigation, has agreed to modify its signage requirements in a manner acceptable to it and in keeping with the purpose behind the signage requirements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amending TMC 5.56.080, Premises Configuration Requirements. Ordinance Nos. 1490, 1604, and 1747, as codified at Tukwila Municipal Code 5.56.080, are hereby amended to read as follows: 5.56.080 Premises configuration requirements. Every adult entertainment cabaret shall be arranged in such a manner that: 1. Adult entertainment shall occur only on a stage, at least 18 inches above the immediate floor level and at least six feet removed from the nearest patron. No members of the public shall be permitted on a stage or within six feet of a stage, while adult entertainment is in progress. 2. One -on -one entertainment between an entertainer and a patron shall occur only in a designated performance area and at least four feet away from any patron. The perimeter of each performance area must, at all times, be clearly and completely delineated by a solid strip at least three inches wide in a contrasting color to the floor. Any seating in a performance area shall be arranged to face the stage and shall be permanently affixed to the floor. A strip at least two inches wide, and at least four feet long, in a contrasting color to the floor, shall, at all times, be affixed to the floor beginning at a point immediately under the center of the front edge of any seating in a performance area. 3. At least two licensed managers shall be on the premises of an adult entertainment cabaret at all times that the adult entertainment cabaret is open to the public, and shall be clearly identified at all times by means of a nameplate no less than 3/4 inch high and three inches long which reads "ON DUTY MANAGER." Such nameplate shall be conspicuously affixed to the manager's clothing and clearly visible at all times. The names and licenses of the managers on duty shall be prominently posted and illuminated in an area open to the public during such managers' shifts. The managers shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license. At least one licensed manager shall have at all times a clear, continuous, and unobstructed view of all stages on which adult entertainment is permitted to occur, and of all performance areas. While on duty, no manager shall provide entertainment or adult entertainment. 4. No adult entertainment shall be visible at any time from outside an adult entertainment cabaret. AE5 -56 DOC 518198 1 5. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. 6. No interior walls shall be allowed, other than to segregate restrooms, employee dressing rooms, manager's office, or other areas reasonably necessary to the business operation of the adult entertainment cabaret. No member of the public shall be allowed in any such segregated area, other than restrooms. 7. There shall be posted and conspicuously displayed in the common areas of each adult entertainment cabaret a sign, at least three feet long and two feet high, listing any and all entertainment provided on the premises. Such list shall be printed in letters of sufficient size so that the list is clearly legible by persons of ordinary eyesight from any location where entertainment is provided. Such list shall further indicate the specific fee or charge in dollar amounts for each form of entertainment listed. 8. There shall be posted in each performance area a well illuminated and conspicuously displayed sign, at least three feet long and two feet high, listing the following: "It is a crime for entertainers to: 1. Expose their breasts below the top of the areola, any portion of the pubic hair, buttocks, genitals or vulva and /or anus, except upon a stage; or 2. Touch, fondle, or caress a patron or other person for the purpose of sexual arousal; and It is a crime for patrons or other persons to: 1. Touch, fondle, or caress any entertainer or other employee; and 2. Give directly to any entertainer, or for any entertainer to directly accept any money from a member of the public, while on this premises." Such list shall be printed in letters of sufficient size so that the list is clearly legible by persons of ordinary eyesight from any location where entertainment is provided. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE ITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Meeting thereof this day of 1998. ATTEST /AUTHENTICATED: 0 .d.--vt...-e J,ne E. Cantu, City Clerk APPROVED AS TO FORM: By 1� Office 6f the Ity Attorn FILED WITH THE CITY CLERK: 7.7 PASSED BY THE CITY COUNCIL: 5/ PUBLISHED: 5-/ 7 ff EFFECTIVE DA E: ORDINANCE NO.: 3 c AE5- 56.DOC 5/8/98 99, 7K John Rants, Mayor 2 Published Seattle Times: 6 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 3 'j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1490, 1604, AND 1747 RELATING TO PREMISES CONFIGURATION REQUIREMENTS OF ADULT ENTERTAINMENT CABARETS CODIFIED AT TUKWILA MUNICIPAL CODE 5.56.080; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On i (Li. 1 1/ ly, the City Council of the City of Tukwila passed Ordinance No. 9' 'J amending Ordinance Nos. 1490, 1604, and 1747 relating to premises configuration requirements of adult entertainment cabarets codified at TMC 5.56.080 to modify signage requirements in a manner acceptable to the City and in keeping with the purpose behind the existing signage requirements; providing for severability and establishing 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 its meeting of Q /A.,,t_c_ Jane,T Cantu, City Clerk