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HomeMy WebLinkAboutOrd 1778 - Adult Entertainment Business License 1778 Cover page to Ordinance The full text of the ordinance follows this cover page. Ordinance 1778 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 2 2 2575 1840 1911 2 (part) 2355 2 (part) 2381 City of Tukwila Washington Ordinance No. 7 7 8' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON CREATING A NEW TUKWILA MUNICIPAL CODE CH. 5.10, REGULATING ADULT CABARETS, INCLUDING LICENSE REQUIREMENTS, INTERIOR CONFIGURATION REQUIREMENTS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, illegal sexual activity has been observed in a cabaret currently regulated by Tukwila Municipal Code Ch. 5.08, similar to the type of illegal sexual activities detected in adult entertainment cabarets regulated by Tukwila Municipal Code Ch. 5.56; and, WHEREAS, such illegal activities should, therefore, be regulated in a manner similar to that set forth in Tukwila Municipal Code Ch. 5.56; and, WHEREAS, this ordinance is necessary in order to better protect the health, safety, and welfare of the City of Tukwila and its citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The City Council makes and enters the following findings of fact: (1) In 1988, World Wide Video opened for business in the City of Tukwila. World Wide Video was then, and continues to be, in the business of selling and renting sexually explicit videos, books, magazines, and novelty items. World Wide Video was the first adult entertainment establishment of any type in Tukwila. (2) World Wide Video also operated eight panoram, or "peep show" booths, within the premises. Initially, those booths had full- length doors and locks on the inside. Several peep show booths adjoined each other, separated only by thin partitions. Round holes, at approximately waist height, were cut in some of the partitions. Illegal sexual contact did occur through the holes, and otherwise within the peep show booths and on the World Wide Video premises. (3) By ordinance, the City Council adopted regulations governing the interior premises configuration of the peep show booths, including shortening the booth door length and later requiring that the doors be removed entirely, prohibiting holes in the partitions separating peep show booths, requiring a licensed manager on the premises at all times, and requiring that the manager have an unobstructed view of the interior of the peep show booths. ADULTEN2 DOC 10129196 J i ,r IR City of Tukwila Washington Ordinance No. 7 7 8' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON CREATING A NEW TUKWILA MUNICIPAL CODE CH. 5.10, REGULATING ADULT CABARETS, INCLUDING LICENSE REQUIREMENTS, INTERIOR CONFIGURATION REQUIREMENTS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, illegal sexual activity has been observed in a cabaret currently regulated by Tukwila Municipal Code Ch. 5.08, similar to the type of illegal sexual activities detected in adult entertainment cabarets regulated by Tukwila Municipal Code Ch. 5.56; and, WHEREAS, such illegal activities should, therefore, be regulated in a manner similar to that set forth in Tukwila Municipal Code Ch. 5.56; and, WHEREAS, this ordinance is necessary in order to better protect the health, safety, and welfare of the City of Tukwila and its citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings of Fact. The City Council makes and enters the following findings of fact: (1) In 1988, World Wide Video opened for business in the City of Tukwila. World Wide Video was then, and continues to be, in the business of selling and renting sexually explicit videos, books, magazines, and novelty items. World Wide Video was the first adult entertainment establishment of any type in Tukwila. (2) World Wide Video also operated eight panoram, or "peep show" booths, within the premises. Initially, those booths had full- length doors and locks on the inside. Several peep show booths adjoined each other, separated only by thin partitions. Round holes, at approximately waist height, were cut in some of the partitions. Illegal sexual contact did occur through the holes, and otherwise within the peep show booths and on the World Wide Video premises. (3) By ordinance, the City Council adopted regulations governing the interior premises configuration of the peep show booths, including shortening the booth door length and later requiring that the doors be removed entirely, prohibiting holes in the partitions separating peep show booths, requiring a licensed manager on the premises at all times, and requiring that the manager have an unobstructed view of the interior of the peep show booths. ADULTEN2 DOC 10129196 (4) World Wide Video's constitutional challenge to the licensing and interior configuration requirements of the ordinance was rejected by the King County Superior Court and by the Supreme Court of Washington on direct appeal. (5) Between 1989 and 1991, the City of Tukwila annexed several previously unincorporated areas, including an area of Pacific Highway South that included a "Lil Darlins" adult cabaret which featured nude and semi -nude entertainment. In 1991, "Lil Darlins" became a Deja Vu club. (6) Deja Vu clubs are found throughout the United States. The true ownership identification of those who actually exert management control of such clubs is difficult to trace. According to its 1995 license application, the Deja Vu club located in Tukwila is owned by the Deja Vu Lynnwood Corporation, which lists its sole officer, director, and shareholder as Rhonda McCormack. In prior years, Rhonda North (now Rhonda McCormack), Jacqueline Thomson, Joseph Dean Macklin, and Deja Vu Lynnwood, Inc. have been so listed. (7) Entertainers at the Tukwila Deja Vu club, however, have specifically named another person as an owner and operator of the club. Other entertainers have listed this same person (hereafter "Operator as the owner on their entertainer license applications. (8) A multiple shooting occurred in 1991 at a small apartment approximately twenty feet from the main entrance to the Tukwila Deja Vu club. One Deja Vu employee shot and killed another Deja Vu employee, and shot and severely wounded a third Deja Vu employee and a Deja Vu entertainer before shooting and killing himself. (9) During the subsequent Tukwila Police Department investigation at the site, the Operator came out of the main entrance of the Deja Vu club and declared that he was the owner and that the investigation was disrupting his business. On another occasion, a Tukwila police officer, serving a subpoena at the business office in Seattle, observed the Operator. The Operator has never signed nor has his name appeared in any official capacity on a Deja Vu business or adult cabaret license application. (10) In preparation for the annexation of the area of Pacific Highway South that included the Deja Vu club, the City Council adopted an ordinance regulating adult cabarets that established interior configuration requirements, a licensing program for entertainers and managers, entertainer standards of conduct, and criminal penalties and license suspensions for violations. Deja Vu was the first cabaret in Tukwila that offered fully nude adult entertainment. (11) After adoption of the ordinance, but before it was enforced, representatives of the Tukwila Police Department met on several occasions with management and legal representatives of the Tukwila Deja Vu club. The meetings were designed to inform and educate Deja Vu management about the terms of the ordinance and about sanctions for violations. (12) Deja Vu challenged the constitutionality of the ordinance in municipal court and lost. On appeal to the Superior Court, the constitutionality of the ordinance was again affirmed. Deja Vu did not petition the Court of Appeals for discretionary review. (13) Since late 1991, the Tukwila Police Department has conducted undercover investigations at the Tukwila Deja Vu club on a regular basis. The following types of investigations have occurred: (A) Undercover officers enter the club as patrons, almost immediately observe criminal violations, leave the club without disclosing their identity, and subsequently issue criminal summons by mail to the violators /entertainers; (B) Multiple undercover officers enter the club as patrons, observe numerous criminal law violations and, at the end of a pre- determined time period, uniformed police officers enter the club to arrest offending entertainers; and ADULTEN2.DOC 10/29/96 2 (C) A group of undercover officers enter the club as patrons on a regular basis during the course of a number of consecutive weeks in order to determine the extent and scope of illegal activity occurring inside. (14) In virtually every undercover investigation conducted since 1991, criminal violations have been readily apparent. Hundreds of charges have been filed. Hundreds of convictions have been obtained. (15) In an undercover operation in 1994, four officers entered the club about 80 times over approximately a 110 day period. Approximately 500 criminal violations were charged for acts occurring while the officers were inside the club. (16) Over 440 convictions were obtained for crimes committed inside of the club during the course of the 1994 investigation, including approximately 70 convictions for prostitution and over 370 convictions for violations of the entertainer standards of conduct provisions. The prostitution convictions included cases where Deja Vu entertainers, inside the club, agreed to meet for paid sex at a hotel, and other cases where Deja Vu entertainers agreed to perform illegal sexual acts inside the club for a fee. (17) Additionally, the undercover officers learned about illegal drug and alcohol activity that occurs in and around the club, particularly inside the entertainers' dressing room and restrooms. They learned that entertainers use crystal methamphetamine, cocaine, and marijuana, and borrow prescribed drugs from other entertainers prior to and during their entertaining at the club. Entertainers illegally consume alcohol in the dressing room and restrooms while working at Deja Vu. They also have poured liquor from "airplane- sized" bottles into their drinks while mingling with patrons in the main portion of the club. Entertainers have offered to share their alcohol with patrons /officers. (18) In an interview following a prostitution arrest, one entertainer spoke of a manager who smoked marijuana and negotiated exchanges of marijuana with entertainers while in the club. The entertainer said she was fearful to provide too much information. She felt the Operator was the owner of the club. (19) Officers repeatedly observed managers ignore criminal law violations committed inside the club, within a very short distance from the managers. Managers would look at the patrons /officers while criminal violations were committed by the entertainers. Waitresses have also placed drinks on tables in front of patrons and entertainers as the entertainers were committing criminal law violations. (20) Entertainers routinely violate the Tukwila Municipal Code. For instance, an undercover officer witnessed an entertainer who was with a patron whose pants were down around his ankles. There have been numerous instances where entertainers masturbate the patrons and where the entertainers, without invitation, press their naked vaginas up to the mouths of patrons including undercover officers. (21) Deja Vu management has expressed its desire, at least verbally, to cooperate with the Tukwila Police Department in enforcing applicable ordinances. The results of the undercover investigations since 1991, however, make clear that the representations of Deja Vu management have not been credible, and that greater regulation of the interior of the club, and the conduct of entertainers and managers, is required. (22) After the 1994 undercover operation described above, the City Council adopted amendments to TMC Ch. 5.56, which regulated adult cabarets like Deja Vu. In response, Deja Vu converted its business operations in Tukwila from an adult entertainment cabaret, regulated by TMC Ch. 5.56, to that of a cabaret, regulated by TMC Ch. 5.08. ADULTEN2.DOC 10/29/96 3 (23) Deja Vu also sued the City, challenging the constitutionality of the City's amendments to TMC 5.56. The City answered with multiple counterclaims. The case settled with both Deja Vu and the City dismissing their claims without prejudice. (24) Other than the change to a cabaret regulated by TMC 5.08, however, no other substantial changes occurred at the Deja Vu club. The club ownership did not change. There was no unusual turnover in licensed managers, nor in licensed entertainers. There was no change at all in the interior premises configuration or lighting standards. (25) Beginning in July 1996, undercover police officers entered the Deja Vu Club periodically. Illegal sexual activity, nearly identical to that occurring when Deja operated as an adult entertainment cabaret pursuant to TMC Ch. 5.56, was readily apparent and easily observable by the officers. Section 2. Adult Cabarets. A new Chapter 5.10 of the Tukwila Municipal Code is hereby created to read in its entirety as follows: 5.10.010 Purpose. This chapter is intended to protect the general health, safety and welfare of the citizenry of the City through the regulation of adult cabarets. The regulations set forth herein are intended to prevent dangerous and unlawful conduct, and to prevent health and safety problems, in and around adult cabarets. This regulation is supported specifically by Tukwila's own experience that illegal sexual and other activity occurs in cabarets, currently regulated by TMC Ch. 5.08, similar or identical to the illegal activities known to occur in adult entertainment cabarets, regulated by TMC Ch. 5.56. Tukwila Municipal Code Chapter 5.56 was intended to deter the serious and repeated violations of criminal law that regularly occur in adult entertainment cabarets. Similar provisions should be imposed on adult cabarets, because the same type of illegal sexual activity is now occurring in adult cabarets. The City Council considers these crimes to be serious, and their prevention and elimination to be of paramount importance to the health, safety and welfare of the City. 5.10.020 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanings: (1) "Adult cabaret entertainment" means any exhibition or dance conducted in any premises open to the public at any time insofar as such exhibition or dance involves: barroom type dancing; go -go dancing; strippers, where the entertainer does not strip to a nude state or expose to view those portions of the entertainer's body as permitted by Tukwila Municipal Code 5.56; male or female impersonators; or other similar types of entertainment, provided, that adult cabaret entertainment does not include any class, seminar or lecture held for serious scientific, artistic, or educational purposes. (2) "Adult cabaret" means any premises open to the public in which there is at any time an exhibition or dance constituting "adult cabaret entertainment" as defined herein, 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 cabaret" does not include any tavern or other business that maintains a liquor license. (3) "Clerk" means the City Clerk or his /her designee who is designated by the Mayor as licensing official under this chapter. (4) "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 cabaret. ADULTEN2.DOC 10/29/96 4 (5) "Entertainer" means any person who performs any entertainment, exhibition or dance of any type within an adult cabaret, whether or not such person or anyone else charges or accepts a fee for such entertainment, exhibition or dance. (6) "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance. (7) "Manager" means any person licensed as a manager under this chapter. (8) "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult cabaret. (9) "Operator" means all persons who own, operate, direct, oversee, conduct, maintain, or effectively exert management control or authority over an adult cabaret or its affairs, without regard to whether such person(s) owns the premises in which the adult cabaret does business. An operator "effectively exerts management control or authority" when he or she actually does, or is in a position to, participate in the management, direction or oversight of an adult cabaret or its affairs, whether or not such person's name appears on any public record filed with any government agency in connection with an adult cabaret entertainment establishment or any parent company or affiliate. An operator's "parent company or affiliate" means any other person which owns 50% or more of any class of an operator's stock, or which effectively exerts management control or authority over an operator. (10) "Performance Area" means an area no larger than the area beginning six feet away from, and running parallel to, the front edge of a stage on which adult cabaret entertainment is permitted to occur, and which extends away from the stage no deeper than the depth of that stage. (11) "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. 5.10.030 Adult Cabaret Licenses, Fees, Terms, Assignments and Renewals. (1) No adult cabaret shall be operated or maintained in the City unless the owner or lessee thereof has a current adult 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 cabaret, when such adult cabaret does not have a current adult cabaret license. (2) The license year for an adult 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 such year. (3) The license fee for an adult cabaret license is $300.00. The license fee for a period of less than one year shall be the rate of $75.00 for all or part of each quarterly period of operation. (4) An adult cabaret license under this chapter shall not be assigned or transferred. Any fee paid is nonrefundable. (5) In order to obtain renewal of a current adult cabaret license for the next year, a license holder must file an application for renewal with the Clerk. The renewal fee for each year is $300.00. ADULTEN2.DOC 10/31/96 5 5.10.040 Manager's Licenses and Entertainer's Licenses, Fees, Terms, Assignments and Renewals. (1) No person shall work as a manager at an adult cabaret in the City without a current manager's license under this chapter. No person shall work as an entertainer at a adult cabaret in the City of Tukwila without a current entertainer's license under this chapter. No person shall work at an adult cabaret in the City of Tukwila unless the adult cabaret license is valid and current. (2) The license year for 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. (3) The license fee for a manager's license or entertainer's license is $75.00. The license fee for each such license is payable for a full calendar year only and is not refundable. (4) A manager's license or entertainer's license under this chapter shall not be assigned or transferred. (5) No person under 18 years of age may obtain a manager's license or entertainer's license under this chapter. (6) 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. The renewal fee for each year is $75.00. 5.10.050 License Applications. (1) Adult Cabaret License. Any application for an adult cabaret license or renewal thereof shall be submitted in the true name of the operator of the adult cabaret to which the application pertains. The true operator or his /her agent, under penalty of perjury, shall sign and notarize or certify that all of the operators as defined in this chapter are listed and all of the information provided is true and correct. Any change in ownership in the adult cabaret must be reported to the Clerk within 20 days of such change(s). Each such application shall be submitted on a form supplied by the Clerk. The form shall require the following information: (A) If the applicant is an individual or partnership, the names, home addresses, home telephone numbers, dates and places of birth, and social security numbers of all operator(s). If the applicant is a partnership, all such information must be provided for all general partners; (B) If the applicant is a corporation, the names, addresses, telephone numbers, and social security numbers of all operators and of all corporate officers and directors. The same information shall be required from each parent company or affiliate; (C) The name, address, and telephone number of the adult cabaret; (D) The name, address and telephone number of the owner of the property on which the adult cabaret is located; cabaret; (E) The names, addresses, and telephone numbers of all employees of the adult (F) A statement detailing whether the applicant or any operator, partner, corporate officer, director, or shareholder of 50% or more of any class of an operator' s stock, holds any other licenses under this chapter or any similar cabaret, adult cabaret entertainment or sexually- oriented business ordinance, including motion picture theaters and panorams from the City or another city, county, or state, and if so, the names and addresses of each other licensed business and the jurisdiction(s) in which such businesses are located; and ADULTEN2.DOC 10/29/96 6 (G) A description of the adult cabaret or sexually- oriented adult cabaret entertainment business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license or adult cabaret entertainment license revoked or suspended, the reason therefore, and the activity or occupation of the applicant subsequent to such action, suspension or revocation. (2) 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 cabaret or adult 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 or renewal, the applicant shall present picture identification which shall include (1) a motor vehicle operator's license, issued by the State of Washington, bearing the applicant's photograph and date of birth; or (2) a Washington State issued identification card bearing the applicant's photograph and date of birth. At the time of application or renewal, and again between July 1 and July 14 every year, the applicant shall be photographed by the Clerk or his /her designee for the Clerk's records and the Police Department's records. Failure to appear for a photograph between July 1 and July 14, on such dates and times as are prescribed by the Clerk, shall result in license suspension until the photograph is obtained. (3) Duty to Supplement Application. In the event that any information on any application for a license under this chapter becomes outdated or otherwise inaccurate or incomplete, including but not limited to substantial changes to an applicant's hair style and color, or facial or other features including tattoos, an applicant or license holder shall appear before the Clerk within 20 days and provide current information, including, when applicable, being photographed by the Clerk or his /her designee to accurately reflect any change in looks when compared to the most recent photograph available under subsection (2) of this section. 5.10.060 Issuance of Licenses and Renewals. (1) 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 stan- dards of this chapter. Upon receipt of any complete application for a license, the Clerk shall further issue a temporary license, pending disposition of the application or completion of the term of any license suspension issued pursuant to this chapter. The temporary license shall expire upon issuance of a license or renewal thereof or notice of non issuance. The holder of a temporary license is subject to all requirements, standards and penalty provisions of this chapter. (2) After an investigation, the Clerk shall issue a license if the Clerk finds: (A) That the applicant complies with all applicable requirements and standards of this chapter; and (B) That the applicant 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. In the event the applicant has not met the enumerated requirements after the required investigations, the Clerk shall issue a notice of non issuance of the license. Notice of non issuance shall specify the reasons therefor. ADULTEN2.DOC 10/29/96 7 (3) 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 (2) of this section. As necessary, the Clerk may issue temporary licenses after receipt of a renewal application. In the event the applicant has not met the enumerated requirements after the required investigation, the Clerk shall issue the renewal or notice of non renewal of the application. Notice of non renewal shall specify the reasons therefor. (4) Each adult cabaret shall maintain on the premises of the adult cabaret and retain for a period of two years the names, addresses, home telephone numbers, social security numbers, and ages of each person employed or otherwise permitted to appear or perform on the premises as an entertainer, including independent contractors and employees. This information shall be available for inspection by the Clerk or the Tukwila Police Department during the adult cabaret's regular business hours. 5.10.070 Lewd Performance. (1) Each adult cabaret and each operator, manager, entertainer and employee thereof shall comply with the following requirements: (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. (B) No employee or entertainer shall touch, fondle or caress any patron or other person for the purpose of arousing or exciting the patron's or other person's sexual desires. (C) No patron or other person shall touch, fondle or caress an employee or entertainer for the purpose of arousing or exciting the sexual desires of either party. (D) No entertainer performing upon any stage or in a performance area shall be permitted to accept any money offered for any purpose directly to the entertainer by any member of the public. Any money offered to any entertainer performing upon a stage or in a performance area must be provided through a manager on duty on the premises. Money shall not otherwise be exchanged between entertainers and members of the public. It is a gross misdemeanor for an entertainer to directly accept money from a member of the public or for a member of the public to directly give money to an entertainer while in an adult cabaret. 5.10.080 Premises Configuration Requirements. Every adult cabaret shall be arranged in such a manner that: (1) Other than as set forth in (2), below, adult cabaret 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 cabaret entertainment is in progress. (2) One -on -one adult cabaret entertainment, or other entertainment, occurring 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. ADULTEN2.DOC 10/29/96 8 (3) At least two licensed managers shall be on the premises of an adult cabaret at all times that the adult cabaret is open to the public, and shall be clearly identified at all times by means of a nameplate reading "ON DUTY MANAGER" in type no less than one and one -half inches tall. Such nameplate shall be conspicuously affixed to the managers' 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 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 cabaret entertainment is permitted to occur and of all performance areas. While on duty, no manager shall provide entertainment or adult cabaret entertainment. (4) No adult cabaret entertainment shall be visible at any time from outside an adult cabaret. (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 to a person of ordinary eyesight. (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 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 cabaret a sign, at least three feet long and two feet high, listing in letters at least one and one -half inches high, any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each form of entertainment listed. (8) There shall be posted on each interior wall visible to the public, a well illuminated and conspicuously displayed sign, at least three feet long and two feet high, listing in letters at least one and one -half inches high, 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; 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 for the purpose of sexual arousal; and (2) Give directly to any entertainer, or for any entertainer to directly accept, any money from a member of the public, while on these premises. 5.10.090 Revocation or Suspension of Licenses. (1) 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: (A) The license was procured by fraud, by a materially false or misleading representation of fact in the application or in any report or record required to be filed with the Clerk; or ADULTEN2.DOC 10/29/96 9 (B) 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. (C) 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. (2) Upon determination that grounds for revocation or suspension of a license exist, the Clerk shall send the license holder a notice of revocation or suspension by first class mail, postage prepaid. Such notice shall be effective upon the expiration of the ten -day appeal period set forth in Section 5.10.100(1), unless a timely notice of appeal is filed as specified therein. 5.10.100 Appeals. (1) Upon notice of non issuance, revocation or suspension of any license under this chapter, or imposition of any penalty under Section 5.10.110, the applicant or license holder may appeal by filing a notice of appeal, specifying the particular reason(s) upon which the appeal is based, with the Clerk within ten days of and including the date of the notice of non issuance, revocation or suspension. A timely notice of appeal shall stay the effect of the notice of non issuance, revocation, suspension or imposition of any penalty under Section 5.10.110. An untimely notice of appeal shall be rejected as such by the Clerk, and no appeal hearing shall be scheduled. A warning notice to a manager, under Section 5.10.110(1)(A), shall not constitute the imposition of a penalty. (2) Upon timely filing of a notice of appeal, the Clerk shall schedule a hearing on the appeal before a hearing examiner. The hearing shall be conducted no later than 45 days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the examiner for good cause shown. The hearing examiner shall have the authority to issue subpoenas for persons and documents relevant to the appeal upon request of a party. (3) Within 20 days, excluding holidays recognized by the City of Tukwila, 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. (4) A decision of the hearing examiner, or a decision of the Clerk to reject an appeal as untimely, shall be final, unless an application for a writ of review is filed with the King County Superior Court and properly served upon the City of Tukwila within 14 calendar days of and including the date of the hearing examiner's decision. 5.10.110 Violation. (1) Strict civil liability for managers and operators. Managers of adult cabarets shall be strictly liable, as set forth below, for any violation of this ordinance committed by other employees or agents of the adult cabaret, while in the adult cabaret. These civil violations shall be known as "Permitting Lewd Performance." Notice of any such violations shall be on a form prescribed by the Chief of Police. (A) During any time that a manager is on duty, the first violation committed by any employee or agent of the adult cabaret, including but not limited to entertainers and managers, shall result in a warning notice to such manager that he has committed the civil violation of Permitting Lewd Performance and that subsequent violations shall result in penalties pursuant to this section. Copies of any warning notices issued under this section shall also be sent or delivered to the operator(s). (B) During any time that a manager is on duty, the second violation committed within twelve consecutive months of the first, by any employee or agent of the adult cabaret, including but not limited to entertainers and managers, shall result in a civil penalty of a mandatory $500 fine and a mandatory 60 -day suspension of that manager's license. Notice of this violation shall be sent or delivered to the operator(s). ADULTEN2.DOC 10/29/96 10 (C) During any time that a manager is on duty, the third violation committed, within twelve consecutive months of the first, by any employee or agent of the adult cabaret, including but not limited to entertainers and managers, shall result in a civil penalty of a mandatory $1,000 fine and a mandatory 120 -day suspension of that manager's license. Notice of this violation shall be sent or delivered to the operator(s). (D) During any time that a manager is on duty, the fourth violation committed, within any period of twelve consecutive months, by any employee or agent of the adult cabaret, including but not limited to entertainers and managers, shall result in a mandatory civil penalty of a $1,500 fine and a mandatory suspension of that manager's license for 180 days. Notice of this violation shall be sent or delivered to the operator(s). (2) An operator of an adult cabaret shall be deemed to have the knowledge, and to be strictly liable for the conduct, of its licensed managers, as set forth below. These civil violations shall be known as "Facilitating Lewd Operations." Notice of any such violations shall be on a form prescribed by the Chief of Police. (A) If any one or more licensed manager of an adult cabaret is found to have committed a total of two or more civil violations of Permitting Lewd Performance during any 90- day period, the operator(s) shall be strictly liable for a civil penalty of $1,000. (B) If any one or more licensed manager of an adult cabaret is found to have committed a total of six or more civil violations of Permitting Lewd Performance, within any period of six consecutive months, the operator(s) shall be strictly liable for a civil penalty of $2,500, and the adult cabaret license shall be suspended for a 14 -day period. (C) If any one or more licensed manager of an adult cabaret is found to have committed a total of twelve or more civil violations of Permitting Lewd Performance, within any period of twelve consecutive months, the operator(s) shall be liable for a civil penalty of $5,000 and the adult cabaret license shall be suspended for a period not less than 30 nor more than 90 days. (3) Any license suspension that extends beyond the end of a license year shall remain in effect, and any renewal license may be issued, but shall not be effective until the completion of the term of the license suspension. (4) Other than as specifically set forth in subsections (1) and (2) of this section, any person who knowingly violates any of the other provisions of this chapter is guilty of a gross misdemeanor punishable by a fine not to exceed $5,000 or imprisonment not to exceed 365 days, or both. 5.10.120 Civil Remedies Abatement. The violation of or failure to comply with any of the provisions of this chapter is unlawful and shall constitute a public nuisance. The City may seek legal or equitable relief to enjoin and /or abate any act or practice which constitutes or will constitute a violation of any regulation herein adopted. 5.10.130 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. ADULTEN2.DOC 10/29/96 11 5.10.140 Compliance With Other Ordinances. (1) This chapter is separate and independent from other provisions of the Tukwila Municipal Code and does not relieve any person of the requirement: (A) To obtain a general business license under Chapter 5.04 of this code; or (B) To obtain any other permit or approval from the City under any provision of the Tukwila Municipal Code. 5.10.150 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 civil or criminal 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. This section is specifically intended to include, but not be limited to, a complete grant of immunity from prosecution in favor of police officers and other City employees and agents engaged in covert or overt enforcement of this ordinance. Section 3. Severabilitv. 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 preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 4. Effective Date. This ordinance shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after the date of publication. PASSED BY THE CITY COUNCIL. OF THE CITOFTUKWILA, WASHINGTON, at a Regular Meeting thereof this .4 day of 1996. ATTEST /AUTHENTICATED: Ctz, E. Cantu, City Clerk APPROVED AS TO FORM: By City Attorney FILED WITH THE CITY CLERK: /0 J/- 996. PASSED BY THE CITY COUNCIL: /1- 16, PUBLISHED: 7- 9 EFFECTIVE DATE: y ORDINANCE NO.: 7 7 rt W4C4 Johr AV. Rants, Mayor ADULTEN2 DOC 10/29/96 12 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 7 7 7e AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, CREATING A NEW TUKWILA MUNICIPAL CODE CH. 5.10, REGULATING ADULT CABARETS, INCLUDING LICENSE REQUIREMENTS, INTERIOR CONFIGURATION REQUIREMENTS, AND PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On 7' 7) the City Council of the City of Tukwila passed Ordinance No. 7 7 X creating a new Tukwila Municipal Code Chapter 5.10 regulating adult entertainment cabarets, in order to better protect the health, safety, and welfare of the City of Tukwila and its citizens; 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 fora copy of the text. APPROVED by the City Council at its meeting of Published Seattle Times: /7- i. Jane antu, City Clerk c. (emu