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HomeMy WebLinkAbout5897 ORDINANCE NO.5 897 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTIONS 3.84.030, 3.88.030, 5.10.040, 5.10.050, 5.15.060, 5.15.070, 5.20.030, 5.20.040, 5.20.050, 5.20.100, 5.20.180, 5.22.050, 5.22.060, 5.30.020, 5.30.050, 5.30.080, 5.84.010, 5.84.030, 5.84.040, 10.36.450, 18.60.020, 20.04.020, 20.06.020 AND 20.08.020 OF THE CITY CODE RELATING TO BUSINESS LICENSE FUNCTIONS OF THE CLERK WHEREAS, one of the functions with which the City of Auburn is engaged is regulation of business licensing for businesses operating within the City of Auburn, and WHEREAS, at the same time, the City of Auburn is involved in business development and permitting relating to such development, and WHEREAS, in an effort to increase efficiency and to better serve the citizens of the City of Auburn, it is advantageous for the City of Auburn to consolidate like functions which includes placing business licensing functions in the business permit sections of the City; and WHEREAS, in order to provide for such a change in the designation of responsibilities, it is appropriate to amend the City Code accordingly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as follows: Section 1. Amendment to City Code. Section 3.84.030 of the Auburn City Code is amended to read as follows: 3.84.030 License - Required. On and after January 1, 1982, no person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by ACC 3.84.040 without first having obtained, and being the holder of, a license so to do, to be known as an occupation license. Each such person, firm or corporation shall promptly apply to the Auburn oity olorkbusiness license clerk. as desiqnated bv the Mavor, for such license upon such forms as the 6lefkbusiness license clerk shall prescribe, giving such information as the 6lefkbusiness license clerk shall deem reasonably necessary to enable the 6lefkbusiness license clerk's office to administer and enforce this chapter, and, upon acceptance of such application by the 6lefkbusiness license clerk, the -------------------------------- Ordinance No. 5897 January 28, 2005 Page 1 6lefkbusiness license clerk shall thereupon issue such license to the applicant. Such occupation license shall be personal and nontransferable and shall be valid as long as the licensee shall continue in the business and shall comply with this chapter. (Ord. 5673 § 2, 2002; Ord. 3679 § 3,1981. Formerly 5.82.030.) Section 2. Amendment to City Code. Section 3.88.030 of the Auburn City Code is amended to read as follows: 3.88.030 Occupation license - Required - Application - Issuance. After January 1, 1956, no person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by ACC 3.88.040 without first having obtained and being the holder of a license so to do, to be known as an occupation license. Each such person, firm or corporation shall promptly apply to the city olorkbusiness license clerk, as desiQnated by the Mayor, for such license upon such forms as the 6lefkbusiness license clerk deems reasonably necessary to enable him to administer and enforce this chapter, and, upon acceptance of such application by the 6lefkbusiness license clerk, he shall thereupon issue such license to the applicant. Such occupation license shall be personal and nontransferable and shall be valid as long as the licensee continues in said business and complies with this chapter. (Ord. 5673 § 3, 2002; 1957 code § 5.42.020. Formerly 5.88.030.) Section 3. Amendment to City Code. Section 5.10.040 of the Auburn City Code is amended to read as follows: 5.10.040 General business license required. A. Any person desiring to establish or conduct any business enterprise or undertaking as defined in ACC 5.10.020 within the corporate limits of the city, shall first apply to the city olorkbusiness license clerk, as desiqnated by the Mavor, for a license to conduct such business and obtain such license as approved by the city. The application shall be upon a form furnished by the 6lefkbusiness license clerk on which the applicant shall state the business name, address, and telephone number; the nature of the business activity or activities in which the applicant desires to engage; the place where the business will be conducted; the number of employees, and the name of the contact person along with an address and telephone number, and the business identification number issued by the state of Washington; and the IRS letter testifying to nonprofit status or the copy of the application to the IRS. B. It is unlawful for any person to operate or physically conduct any business within the city without having first obtained a general business license for the current business year or portion thereof. The applicant for a business license required under this title shall be over the age of 18 years. If any person -------------------------------- Ordinance No. 5897 January 28, 2005 Page 2 required to pay a license fee, by the terms and provisions of this chapter, for any period fails or refuses to do so, they shall not be granted a license for the current period until such delinquent license fee, together with penalties, has been paid in full. C. Specific businesses identified in Chapters 3.80, 3.84, 3.88, 5.20, 5.30, 5.84 ACC or elsewhere in this title or other titles of the Auburn City Code will be required to obtain an individual business license as otherwise indicated. D. Any business within the city jurisdiction on any project requiring a permit must have a business license. (Ord. 5814 § 2, 2004; Ord. 5754 § 1, 2003; Ord. 4012 § 2,1984.) Section 4. Amendmentto City Code. Section 5.10.050 of the Auburn City Code is amended to read as follows: 5.10.050 Renewal. A. A business license is to be renewed annually by payment of the established fee prior to June 30th. Failure to renew the required license by the date due will result in the expiration of the license and the ability to conduct business within the city. B. In those instances wherein the business license has been lost, stolen or destroyed, the city clerkbusiness license clerk will reissue the license in accordance with the fee schedule established in ACC 5.10.030. (Ord. 5754 § 1, 2003; Ord. 4012 § 2, 1984.) Section 5. Amendment to City Code. Section 5.15.060 of the Auburn City Code is amended to read as follows: 5.15.060 Denial - Suspension - Revocation procedure. A. Upon the determination by the mayor or designee that a license application is to be denied, or that a license is to be suspended or revoked, pursuant to the provisions of this chapter, the mayor or designee shall give written notice of such action to the licensee/applicant by certified mail. The notice and order shall contain: 1. The street address, when available, and a legal description sufficient for identification of the premises upon which the violation occurred or is occurring; 2. A statement that the mayor, or designee, has found the application submitted by or the conduct of the licensee to be in violation of any business license or regulation ordinance, or otherwise meeting the grounds for denial, suspension or revocation, with a brief and concise description of the facts or conditions found to render such licensee in violation of such business license or regulation ordinance; -------------------------------- Ordinance No. 5897 January 28, 2005 Page 3 3. If the mayor or designee determines that the license is to be suspended or revoked, the order shall require surrender of the licenses to the mayor or designee within 20 days from the date of receipt of the notice and order. 4. A statement advising that the licensee may appeal from the notice and order or from any action of the mayor, or designee, to the city hearing examiner, provided the appeal is made in writing as provided in this chapter and filed with the oity olorkbusiness license clerk, as desionated by the Mayor, within 20 days from the date of receipt of the notice and order, and that failure to appeal shall constitute a waiver of all right to an administrative hearing and determination of the matter. B. The notice and order, and any amended or supplemental notice and order, shall be served upon the licensee either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested to such licensee at the address which appears on the business license. C. Proof of service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, and manner in which service was made, or by affidavit of mailing to which shall be attached the postal return receipt or original mailing if returned unclaimed. (Ord. 5754 § 2, 2003.) Section 6. Amendment to City Code. Section 5.15.070 of the Auburn City Code is amended to read as follows: 5.15.070 Appeal from denial or from notice or order. A. The city hearing examiner is designated to hear appeals by applicants or licensees aggrieved by actions of the mayor, or designee, pertaining to any denial, civil penalty suspension, or revocation of business licenses, in accordance with Chapter 1.25 ACC; provided, that the hearing examiner may adopt reasonable rules and regulations for conducting such appeals. Copies of all rules and regulations so adopted shall be filed with the city clorkbusiness license clerk, who shall make them freely accessible to the public. B. Any licensee may, within 20 days after receipt of a notice of denial of application or of a notice and order, file with the city clorkbusiness license clerk a written notice of appeal containing the following: 1. A heading with the words: "Before the Hearing Examiner of the City of Auburn"; 2. A caption reading: "Appeal of " giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the business involved in the denial or notice and order; 4. A brief statement, in concise language, of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant or appellants; -------------------------------- Ordinance No. 5897 January 28, 2005 Page 4 5. A brief statement, in concise language, of the relief sought, and the reasons why it is claimed the protested action or notice and order should be reversed, modified, or otherwise set aside; 6. The signatures of all persons named as appellants, and their official mailing addresses; 7. The verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. C. As soon as practicable after receiving the written appeal, the eHy 6lefkbusiness license clerk shall fix a date, time, and place for the hearing of the appeal by the hearing examiner. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the eHy 6lefkbusiness license clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at his or her address shown on the notice of appeal. D. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not be followed. E. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal. F. Within 10 business days following conclusion of the hearing, the hearing examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the mayor, or designee, and may further impose terms as conditions to issuance or continuation of a business license; provided, that where deemed necessary by the hearing examiner, at the conclusion of the hearing or within the 10 business days following conclusion of the hearing, the hearing examiner may announce the need for a longer time-period, not to exceed 30 days, within which the written findings of fact and conclusions of law and decision shall be made. G. Any party aggrieved by the decision of the hearing examiner may appeal that decision to the city council by filing a written notice of appeal, within 10 days after receipt of the decision of the hearing examiner, with the eHy 6lefkbusiness license clerk. The oity olerkbusiness license clerk shall transmit a complete copy of the hearing examiner's record, findings and conclusions, and decision, and all exhibits, to the city council and shall cause the appeal to be placed upon the agenda of the city council within 30 days after receipt of the notice of appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the oity clorl(business license clerk, by mailing a copy thereof, postage prepaid, by certified mail with return receipt requested, addressed to each appellant at his or her address shown on the notice of appeal. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 5 H. Enforcement of any suspension or revocation of any business license, or other order of by the mayor, or designee, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. I. Failure of any aggrieved party to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the denial or of the notice and order. (Ord. 5754 § 2, 2003.) Section 7. Amendment to City Code. Section 5.20.030 of the Auburn City Code is amended to read as follows: 5.20.030 License required - Fee - Term - Notices - Exemptions. A. It is unlawful for any person, firm or corporation to engage in any business as provided in this chapter within the city limits, without first obtaining a license pursuant to the provisions of this chapter. B. The fee licensing under the provisions of this chapter shall be as follows: Ambulance Services License Business Attendant Amusement Device License 1~4 MO.OO 5 or more $70.00 Auto Races License $70.00 Cabarets License $50.00 Carnivals, Circus Shows, etc. Licenses Carnivals/circus $70.00 Theater/concert $70.00 Show/exhibition $70.00 Public amusement $70.00 Dance License $50.00 Fire Extinguisher Without testing $30.00 $20.00 With testing $45.00 $20.00 Fireworks Stands License $70.00 $20.00 (Regulation of fireworks stands under Chapter 8.24 ACC) Massage Business, Health Salon, Public Bathhouse License Business $85.00 $20.00 Attendant $85.00 $20.00 Merchant Patrol, Private Detective License Merchant patrol agency $55.00 Type Fee Initial No Fee No Fee -------------------------------- Ordinance No. 5897 January 28, 2005 Page 6 Term Renewal No Fee No Fee 7/1 - 6/30 7/1 - 6/30 $20.00 $20.00 $20.00 $20.00 7/1-6/30 7/1 - 6/30 7/1-6/30 7/1-6/30 $20.00 $20.00 $20.00 $20.00 $20.00 7/1 - 6/30 7/1 - 6/30 7/1 - 6/30 7/1 - 6/30 7/1 - 6/30 7/1 - 6/30 Noon 6/28 to Noon 7/6 7/1 - 6/30 7/1 - 6/30 $20.00 7/1 - 6/30 Patrolman $55.00 Detective agency $55.00 Detective $55.00 Motor Vehicle Wreckers License $85.00IEvent Pawnbrokers/Secondhand Dealers License $40.00 $40.00 $20.00 $20.00 $20.00 7/1 - 6/30 7/1 - 6/30 7/1 - 6/30 7/1 - 6/30 $20.00 $20.00 7/1 - 6/30 7/1 - 6/30 Solicitor License Master $40.00 $20.00 7/1 - 6/30 Agent $40.00 $20.00 7/1 - 6/30 Individual $40.00 $20.00 7/1 - 6/30 Taxicab Businesses - Requires King County license only to operate in Auburn. Tow Truck Business License Business Driver $60.00 $40.00 $20.00 $20.00 7/1 - 6/30 7/1-6/30 C. A duplicate license shall be issued by the city clorkbusiness license clerk, as desionated by the Mayor, to replace any license previously issued which has been lost, stolen, defaced or destroyed, upon the filing of an affidavit attesting to such fact and the paying to the city olorkbusiness license clerk of a fee of $1.00. D. Any notice requireçl by this chapter to be mailed to any licensee shall be sent by ordinary mail, addressed to the address of the licensee shown by the records of the oity clerkbusiness license clerk or, if no such address is shown to such address as the city olorkbusiness license clerk is able to ascertain by reasonable effort. Failure of the licensee to receive such mailed notice shall not release the licensee from any fee or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this chapter. E. This section grants an exemption from paying a fee for any licenses required under the provisions of this chapter to bona fide nonprofit, charitable, religious, or philanthropic persons or organizations. 1. Any person or organization claiming the exemptions of this section shall file with the city olorkbusiness license clerk an affidavit setting forth facts sufficient to show the application of this section and the right to such exemption. 2. Persons or organizations required to be licensed by the state of Washington, wherein the state has preempted the field of endeavor of any such persons or organizations, shall not be required to obtain a license from the city' under the provisions of this title; provided however, any such persons or organizations doing business within the city limits of the city shall carry the state license on his or her person at all times when doing business within the city, and shall exhibit such state license whenever he or she is requested to do so by any police officer or any person who asks to see the same. (Ord. 4012 § 2, 1984.) -------------------------------- Ordinance No. 5897 January 28, 2005 Page 7 Section 8. Amendment to City Code. Section 5.20.040 of the Auburn City Code is amended to read as follows: 5.20.040 License application - Required - Form. A. Every person required to have a license under the provisions of this chapter shall submit an application for such license to the oity olorkbusiness license clerk. The application shall be a written statement upon a form provided by the oity clerkbusiness license clerk. B. Whenever a license cannot be issued at the time the application for the same is made, the oity olorkbusiness license clerk shall issue a receipt to the applicant for the money paid in advance subject to the following conditions: Such receipt shall not be construed as the approval of the city olorkbusiness license clerk for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter. (Ord. 4012 § 2, 1984.) Section 9. Amendment to City Code. Section 5.20.050 of the Auburn City Code is amended to read as follows: 5.20.050 License application - Approval or disapproval procedure. The oity clorkbusiness license clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall: A. Adopt all forms and prescribe the information required to implement this chapter; B. Submit all applications, to department heads as listed below for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing: 1. Ambulance Services License: Fire and police departments, 2. Amusement Device License: Police (four or under) and building, planning and police, (five or more), 3. Auto Races License: Building, fire, planning and police departments, 4. Cabaret Licenses: Fire and police departments, 5. Carnivals, Circus, Shows, Etc. Licenses: Building, fire, police and planning departments, 6. Dance Licenses: Fire and police departments, 7. Fire Extinguisher Service Licenses: Fire department, 8. Massage Business, Health Salon, Etc. Licenses: Building, fire, planning, police departments and health officer, 9. Merchant Patrol and Private Detective Licenses: Police department, 10. Motor Vehicle Wreckers Licenses: Building, fire, planning and police departments -------------------------------- Ordinance No. 5897 January 28, 2005 Page 8 11. Outdoor Musical Entertainment Licenses: Building, fire, planning and police departments, 12. Pawnbrokers/Secondhand Dealers Licenses: Police department, 13. Solicitor License: Police department, 14. Tow Truck Business License: Fire, planning and police departments; C. Notify any applicant of the acceptance or rejection of his application and shall, upon denial of any license state in writing the reasons therefor, the process for appeal and deliver them to the applicant. D. Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 days from date of action, file written notice of appeal to the appropriate committee of the city. Action of the appropriate committee of the city may be appealed 15 days from date of action to the full city council and action of the council shall be conclusive and not subject to review. 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 4012 § 2, 1984.) Section 10. Amendment to City Code. Section 5.20.100 of the Auburn City Code is amended to read as follows: 5.20.100 Ambulance businesses. A. Definitions. 1. "Ambulance" means any emergency vehicle designed and used to transport the ill and injured and to provide facilities and equipped to treat patients before and during transportation. 2. "Ambulance operator" means any person who owns one or more ambulances and operates them as a private business. 3. "Ambulance service" means any person or corporation as hereinafter defined who operates any private emergency service for hire which is either stationed in the city or dispatched from within the city to provide for transportation of those who are ill or injured; provided, however, that the provisions of this chapter shall not apply to any ambulance service which enters the city while delivering those ill and/or injured, transported from points outside the limits of the city. 4. "Communications system" means two-way radio communication between ambulances, dispatchers, hospitals and other agencies as needed. 5. "Emergency equipment" means such facilities and equipment to be used in treatment of persons injured, ill or incapacitated. 6. "Emergency medical care" or "emergency medical service" means such medical treatment which may be rendered to persons injured, ill or incapacitated at the scene of such injury, illness or incapacitation. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 9 7. "First-aid vehicle" means a vehicle primarily designed and used to carry first-aid equipment and individuals trained in first aid for emergency medical procedures. 8. "Technician" means any person who has successfully completed the prescribed course of instruction and who has achieved a demonstrative level of competence to treat victims who are injured or ill or any other emergent condition. B. License Application - Qualifications - Requirements to Apply. 1. Liability Insurance Required. The applicant shall be required to file, as a condition of conducting an ambulance service within the city, a copy of liability insurance policies or certified copies of same together with the evidence of premium payments issued by a responsible insurance company and naming the city as additional insured which insures against all claims for personal injury, death and property damage, arising out of operation of the ambulance service or first-aid vehicles, and the care of patients. The limits of such liability insurance policy shall be not less than $500,000 per person and $500,000 per accident and the property damage liability coverage shall be not less than $500,000 or a combined single liability of $500,000. 2. License - Approval Conditions. The license application shall be approved pursuant to the following: The applicant has fulfilled all requirements of this chapter and other provisions of law requiring ambulance design, equipment, operation, and qualification of medical attendants; and the applicant has indicated the ability to provide adequate services within the city and that he has the necessary equipment, attendants and accessories to operate such service successfully on a continuing basis. For the purposes of this section, an applicant's capabilities shall be presumed, if he is the owner and/or operator of at least two or more ambulances, one of which shall be stationed within the city limits at all times unless on a call, together with such backup ambulances and equipment as are necessary to provide continuous and prompt service to the city. C. License Regulations. 1. Safety, Medical and Training Requirements. a. Any person or company engaging in the business as set forth in this chapter shall be required to be aware of and comply with all local, county, state and federal safety, medical and training requirements for the business. b. Prior to the issuance of such license, the vehicle and the equipment contained therein shall be duly inspected by a representative from the fire department or other agencies as the city may so designate. A complete report of the inspection warranting condition and proper functioning of such equipment and accessories shall be filed with the city olorkbusiness license clerk, as desiQnated by the Mayor. 2. Medical Attendants - Requirements Generally. a. Each ambulance service shall have for each ambulance in service, on duty and available for immediate response, two medical attendants, one of which shall have in his possession a state-approved current emergency medical -------------------------------- Ordinance No. 5897 January 28, 2005 Page 10 technician's certificate. This certificate shall be in the possession of each ambulance attendant or driver at all times, while on duty. b. Each attendant must be 18 years of age or older at the time of issuance of the license. 3. Ambulance Equipment. a. Sirens and emergency vehicle maps shall conform with the laws of the state of Washington. b. A two-way radio communication system capable of providing communication between the ambulance and his dispatcher and the ambulance and the hospital shall be required. c. Each ambulance shall be equipped so that the patient-care compartment has ample space to provide for two patients at the same time together with space for the attendant to assist both patients. Each ambulance and all equipment shall be maintained in a sanitary manner and be in good operating condition at all times as determined by the vehicle inspection procedures set forth in this chapter. d. The "star of life" emergency medical identification symbol shall be placed upon all ambulances doing business within the city. This emblem shall be on each side of the ambulance, on the back, and on the roof. The same symbol shall be on the front if the vehicle design permits. The word "ambulance" in a sharply contrasting color shall be under each "star of life" written in letters not less than three inches in height. The word "ambulance" in black letters shall be in mirror image on the front of the vehicle for mirror identification by drivers ahead. The "star of life" is a six-barred cross upon which is superimposed the staff of Aesculapius, who in Roman mythology was the god of medicine and healing. 4. Schedule of Rates. a. Each ambulance service licensed under this chapter shall, upon issuance of an ambulance license, file with the city olorkbusiness license clerk its schedule of rates to be charged for services during the license period for which the application has been made. b. Such schedule of rates shall be made a public record and open to public inspection at the office of the oity olorkbusiness license clerk, during normal business hours. Each licensee shall adhere to such schedule throughout the period for which the license has been issued. 5. State Statute Compliance. All ambulance businesses shall also comply with Chapter 18-73 WAC. (Ord. 4012 § 2, 1985.) Section 11. Amendment to City Code. Section 5.20.180 of the Auburn City Code is amended to read as follows: 5.20.180 Merchant patrol and private detective businesses. A. Definitions. 1. "Merchant patrol" means any person engaged in the merchant patrol business including employees of a merchant patrol agency. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 11 2. "Merchant patrol agency" means any person, firm or corporation engaged in the merchant patrol business employing one or more persons as employees, assistants, clerks or operatives. 3. "Merchant patrol business" means the business of or the representation of being engaged in the business for hire or reward and as an independent contractor to guard or protect persons or property or patrol buildings, streets or districts for such purposes. 4. "Private detective" means any person engaged in the private detective business including employees of a private detective agency. 5. "Private detective agency" means any person, firm or corporation engaged in the private detective business employing one or more persons as employees, assistants, clerks, or operatives. 6. "Private detective business" means the business of or the representation of being engaged in the business of making an investigation or investigations for hire or reward with reference to any of the following matters: Detecting, discovering or revealing crime or criminals or securing secret information or evidence relating thereto; habits, conduct, movements, whereabouts, associates, reputation, character or acts of any person(s), firm(s), or corporation(s); the credibility of witnesses or other persons; the location or recovery of lost or stolen property; the causes, origin or responsibilities for destruction, accidents and injuries to real or personal property; the securing of evidence to be used before authorized investigation committees or boards for the trial of civil or criminal cases. B. License Application - Qualifications - Requirements to Apply. 1. License Bond. Applicant for a license under this chapter shall file with his or its application a surety bond in the sum of $10,000 running to the city, in form approved by the city attorney, with surety approval by the director of finance, and conditioned upon the faithful and honest conduct of such business by the applicant and in compliance with the requirements of this chapter. 2. Fingerprints and Photographs. Each application for a merchant patrol license shall be accompanied by a complete set of fingerprints of the applicant utilizing fingerprint forms as prescribed by the chief of police. Additionally, two recent photographs shall accompany the application which shall be attached to the license to be issued in such a way that it is not possible to remove same and substitute another photograph without the probability of detection. 3. Exceptions. Nothing in this chapter requiring licenses shall apply to any officer or employee of any state, county, city or town or any federal official (whether appointed or elected by due authority of law); or to any person, firm or corporation whose business is the furnishing of information as to the business and financial standing and credit of persons, firms or corporations; or to any person, firm or corporation inquiring into the personal habits and financial responsibility of applicants for insurance indemnities, bonds or commercial credit; or of claimants or applicants under or pursuant to policies of insurance, and/or investigation of losses, if any covered hereunder; or to any attorney engaged in the practice of law. -------------------------------- Ordinance No. 5897 January 28, 2005lPage 12 C. License Regulations. 1. Merchant Patrolmen - Uniforms. The chief of police of the city shall designate and approve the kind and character of uniform to be worn by all licensed merchant patrolmen in accordance with the provisions of this chapter, which shall be worn in plain view by the merchant patrolman at all times while on duty. 2: Information from Detective's Investigation - Disclosure Restrictions. It is unlawful for any person who is or has been an employee of a detective agency to disclose or divulge to any person other than his employer, or except as his employer may direct, or except as may be required by law, any information acquired by him during such employment with respect to any of the work to which he or any other employee of such agency has been assigned by such agency or with respect to any of the work, business or affairs of subject agency. 3. Licensee - Prohibited Activities. It is unlawful for any licensee under this chapter to knowingly incite, encourage or aid in inciting or encouraging any person or persons who have become a party to any strike to commit unlawful acts against the person or property of anyone; or knowingly to incite, stir up, create or aid in inciting discontentment or dissatisfaction among the employees of any person, firm or corporation with the intention of having them strike; or to send letters or literature to eliminate labor unions; to have any person to falsely state or represent that he is or has been a private detective or employed by a detective agency; or for any licensee under this chapter or employee thereof to assume to act as an officer of the law without proper authority. 4. Merchant Patrolman - Reports to Police. Every merchant patrolman shall, as soon as practical, but no later than after the conclusion of the daily hours of work of such patrolman, report any irregularities tending to show that a crime has been committed or may be committed which such patrolman may have found during the time of his immediately preceding work hours. 5. License - Surrender on Employment Termination. Upon termination of employment of any private detective or merchant patrol agency or its employees, it shall be the duty of the licensee to surrender the license immediately to the eHy 6lefkbusiness license clerk, as desionated by the Mayor. Failure to do so constitutes a violation of this chapter. (Ord. 4012 § 2,1984.) Section 12. Amendment to City Code. Section 5.22.050 of the Auburn City Code is amended to read as follows: 5.22.050 License application - Required - Form. A. Every person required to have a license under the provisions of this chapter shall submit an application for such license to the oity clerkbusiness license clerk, as desionated bv the Mavor. The application shall be a written statement upon a form provided by the oity clorkbusiness license clerk. . B. Whenever a license cannot be issued at the time the application for the same is made, the city olerkbusiness license clerk shall issue a receipt to the -------------------------------- Ordinance No. 5897 January 28, 2005 Page 13 applicant for the money paid in advance subject to the following conditions: such receipt shall not be construed as the approval of the city olorkbusiness license clerk for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter. (Ord. 5651 § 1, 2002.) Section 13. Amendment to City Code. Section 5.22.060 of the Auburn City Code is amended to read as follows: 5.22.060 License application - Approval or disapproval procedure. The oity clorkbusiness license clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall: A. Adopt all forms and prescribe the information required to implement this chapter; B. Submit all applications to department heads of the city of Auburn building, fire, planning and police departments; C. Notify any applicant of the acceptance or rejection of his/her application and shall, upon denial of any license, state in writing the reasons therefor, the process for appeal and deliver them to the applicant; D. Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 days from date of action file written notice of appeal to the appropriate committee of the city. Action of the appropriate committee of the city may be appealed 15 days from date of action to the full city council and action of the council shall be conclusive and not subject to review. 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 5651 § 1,2002.) Section 14. Amendment to City Code. Section 5.30.020 of the Auburn City Code is amended to read as follows: 5.30.020 Definitions. A. "Adult entertainment establishment" means any panoram or peepshow or business or commercial premises to which any member of the public is invited or admitted and where a performer provides live adult entertainment to any member of the public. B. "Adult entertainment" means: 1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person who is -------------------------------- Ordinance No. 5897 January 28, 2005 Page 14 unclothed or in such costume, attire, or clothing as to expose any portions of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid stage, even if completely and opaquely covered; or 2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities: a. Human genitals in a state of sexual simulation or arousal, b. Acts of human masturbation, sexual intercourse or sodomy, or c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or 3. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing or straddle dancing. C. "Applicant" means the individual or entity seeking an adult entertainment establishment license in the city of Auburn. D. "Applicant control persons" means all partners, owners, corporate officers and directors and any other individuals in the applicant's business organization who hold a significant interest in the adult entertainment establishment business, based on responsibility for management of the adult entertainment establishment business. E. "GlefkBusiness license clerk" means such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof. F. "Employee" means any and all persons, including managers, performance and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment. G. "Performer" means any person who provides adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. H. "Liquor" means all beverages defined in RCW 66.04.200. I. "Manager" means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment, and includes assistant managers working with or under the direction of a manager to carry out such purposes. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 15 J. "Operator" means any person operating, conducting or maintaining an adult entertainment establishment. K. "Panoram or peepshow" shall mean any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or other means, including observation of live performances. L. "Panoram premises" means any premises or portion of a premises on which a panorama is located and which is open to the public, including through membership. M. "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. N. "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 entertainment establishment. O. "Sexual conduct" means acts of: 1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or 2. Any penetration of the vagina or anus, however slight, by an object; or 3. Any contact between persons involving the sex organs of one person and the mouth or anus or another; or 4. Masturbation, manual or instrumental, of oneself or of one person by another; or 5. Touch of the sex organs or anus, whether clothed or unclothed, of oneself or one person by another for the purpose of sexual gratification of the person touched, being touched or any third party. (Ord. 5835 § 2, 2004; Ord. 4887 § 3, 1996.) Section 15. Amendment to City Code. Section 5.30.050 of the Auburn City Code is amended to read as follows: 5.30.050 License application. A. Adult Entertainment Establishment License. 1. All applications for an adult entertainment establishment license shall be submitted to the 6lefkbusiness license clerk in the name of the person or entity proposing to conduct an adult entertainment establishment on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information: a. For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver's license number, social security number, and business, mailing, and residential address, and business telephone number. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 16 b. If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that entity is in good standing under the laws of Washington, and name and address of any registered agent for service of process. c. Whether the applicant, applicant control persons or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the city of Auburn or any other city, county or state, and, if so, the names and addresses of each other licensed business. d. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, including motion picture theaters and panoramas, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefore. e. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor noncriminal traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition. f. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application. g. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application. h. The location, name (or doing-business-as name) of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and business street address of each owner and lessee of the property. i. Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face. j. A complete set of fingerprints for the applicant or each applicant control person, taken by Auburn police department employees. k. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, rest rooms and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment shall include building plans which demonstrate conformance with this chapter. I. The application must demonstrate compliance with the provisions of the city's zoning code concerning allowable locations for adult entertainment establishments. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 17 2. An application shall be deemed complete upon the applicant's provision of all information requested above, including identification of "none" where that is the correct response, and the applicant's verification that the application is complete. The 6lefkbusiness license clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter. 3. A nonrefundable application fee as provided in this chapter must be paid at the time of filing an application in order to defray the costs of processing the application. 4. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true. 5. If any person or entity acquires, subsequent to the issuance of an adult entertainment establishment license, a significant interest in any other adult entertainment establishment based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city olorkbusiness license clerk, no later than 21 calendar days following such acquisition. The notice required shall include the information required for the original adult entertainment establishment license application. 6. The adult entertainment establishment license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult entertainment establishment. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read at any time the business is open. 7. No person granted an adult entertainment establishment license pursuant to this chapter shall operate the adult entertainment establishment under a name not specified on the license, nor shall any person operate an adult entertainment establishment under any designation or at any location not specified on the license. 8. Upon receipt of the complete application and fee, the 6lefkbusiness license clerk shall provide copies to the building division, police, fire, and planning departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department/division shall, within 25 calendar days of the date of such application, inspect the application and premises and shall make a written report to the 6lefkbusiness license clerk whether such application and premises comply with the laws administered by each department/ division. No license may be issued unless each department/division reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments/divisions shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to premises construction shall contain a condition that the premises may not open for -------------------------------- Ordinance No. 5897 January 28, 2005 Page 18 business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department/division shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reasons therefor, including applicable laws. 9. An adult entertainment establishment license shall be issued by the 6lefkbusiness license clerk within 30 calendar days of the date of filing a complete license application and fee, unless the 6lefkbusiness license clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The 6lefkbusiness license clerk shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the 6lefkbusiness license clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the 6lefkbusiness license clerk shall deny the application in writing and shall cite the specific reasons therefor, including the applicable law. If the 6lefkbusiness license clerk fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the 6lefkbusiness license clerk that the license has been denied, but in no event may the 6lefkbusiness license clerk extend the application review time for more than an additional 20 days. B. Adult Entertainment Establishment Manager License. 1. No person shall work as a manager or assistant manager at an adult entertainment establishment without a manager's license from the city. Each applicant for a manager's license shall complete an application on forms provided by the city containing the information identified below. A nonrefundable application fee of $50.00 shall accompany the application. A copy of the application shall be provided to the police department for its review, investigation and recommendation. All applications for a license shall be signed by the applicant and certified to be true under penalty of perjury. The manager's license application shall require the following information: a. The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by Auburn police department employees, and social security number. b. The name and address of each business at which the applicant intends to work. c. Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age: i. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; -------------------------------- Ordinance No. 5897 January 28, 2005 Page 19 ii. A state issued identification card bearing the applicant's photograph and date of birth; iii. An official passport issued by the United States of America; iv. An immigration card issued by the United States of America; or v. Any other identification that the city determines to be acceptable. d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions. e. A description of the applicant's principal activities or services to be rendered. f. Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application showing only the full face. g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application. 2. The 6lefkbusiness license clerk may request additional information or clarification when necessary to determine compliance with this chapter. 3. An adult entertainment establishment manager's license may be issued by the 6lefkbusiness license clerk within 14 days from the date the complete application and fee are received unless the 6lefkbusiness license clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the 6lefkbusiness license clerk determines that the applicant has failed to qualify for the license applied for, the 6lefkbusiness license clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the 6lefkbusiness license clerk has failed to approve or deny an application for an adult entertainment establishment manager's license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an adult entertainment establishment manager in a duly licensed adult entertainment establishment until notified by the 6lefkbusiness license clerk that the license has been denied, but in no event may the 6lefkbusiness license clerk extend the application review time for more than an additional 20 days. (Ord. 4887 § 6, 1996.) Section 16. Amendment to City Code. Section 5.30.080 of the Auburn City Code is amended to read as follows: 5.30.080 Standards of conduct and operation. A. The following standards of conduct must be adhered to by employees of any adult entertainment establishment while in any area in which members of the public are allowed to be present: -------------------------------- Ordinance No. 5897 January 28, 2005 Page 20 1. No employee or performer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to any view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 24 inches above the immediate floor level and removed at least 10 feet from the nearest member of the public. 2. No employee or performer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor shall any male employee or performer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same. 3. No employee or performer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks. 4. No employee or performer shall caress, fondle or erotically touch any member of the public. No employee or performer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or performer. 5. No employee or performer shall perform acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute, or this chapter. 6. No employee or performer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public. 7. No tip or gratuity offered to or accepted by a performer may be offered or accepted prior to or after any performance, dance or exhibition provided by the performer. No performer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the performer by any member of the public. Any gratuity offered to any performer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any performer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment establishment shall be placed into the hand of the performer or into a receptacle provided by the performer, and not upon the person or into the clothing of the performer. B. At any adult entertainment establishment, the following are required: 1. Admission must be restricted to persons of the age of 18 years or older. It is unlawful for any owner, operator, manager or other person in charge of an adult entertainment establishment to knowingly permit or allow any person under the minimum age specified to be in or upon such premises. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 21 2. Neither the performer nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, vulva, genitals, and/or anus may be visible outside of the adult entertainment establishment. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult entertainment establishment, which shall include but are not limited to: the dressing rooms of the performers or other rooms provided for the benefit of employees, and/or performers and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance and repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties. C. The responsibilities of the manager of an adult entertainment establishment shall include but are not limited to: 1. A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present or invited on the premises. The name and license of the manager shall be prominently posted during business hours. 2. The licensed manager on duty shall not be a performer. 3. The manager or assistant manager licensed under this chapter shall maintain a visual observation of each member of the public at all times any performer is present in the public or performance areas of the adult entertainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, each performer, each employee, and each member of the public, then a manager or assistant manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment establishment. 4. The manager shall be responsible for and shall assure that the actions of the members of the public, the performers and all other employees shall comply with all requirements of this chapter. D. Premises - Specifications for Adult Entertainment Establishments. 1. Performance Area. The performance area of the adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least 24 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least 10 feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least 10 feet from all points of the performance area shall separate the performance area and the patron seating or standing areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager's station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 22 2. Lighting. 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. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers is hereby established for all areas of the adult entertainment establishment where members of the public are admitted. 3. Signs. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the premises stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF AUBURN. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT B. NOT PERMITTED TO APPEAR SEMI- NUDE OR NUDE, EXCEPT ON STAGE C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA 4. Recordkeeping Requirements. a. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the 6lefkbusiness license clerk or the City Clerk during the hours when the licensed premises are open for business, upon two days' written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter. b. Each adult entertainment establishment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as a performer, including independent contractors and their employees. This information shall be open to inspection by the 6lefkbusiness license clerk during hours of operation of the business upon 24 hours' notice to the licensee. 5. Inspections. In order to insure compliance with this chapter all areas of licensed adult entertainment establishments which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this chapter. E. Premises - Additional Specifications for Panorams and Peepshows. The following additional requirements must be adhered to at any panoram or peepshow: 1. The interior of the panoram or peepshow premises shall be arranged in such a manner as to insure that customers are fully visible from the waist down, -------------------------------- Ordinance No. 5897 January 28, 2005 Page 23 and all persons viewing such panoram pictures shall be visible from the entrance to such premises. 2. The licensee shall not permit any doors to public areas on the premises to be locked during business hours. 3. Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector. 4. Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away. F. It is unlawful for any adult entertainment establishment to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. G. This chapter shall not be construed to prohibit: 1. Plays, operas, musicals, or other dramatic works that are not obscene; 2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or 3. Exhibitions, performances, expressions or dances that are not obscene. These exemptions shall not apply to the sexual conduct described in RCW 7.48A.010(2)(b). H. Whether or not activity is obscene shall be judged by consideration of the following factors: 1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and 2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and 3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 4887 § 9, 1996.) Section 17. Amendment to City Code. Section 5.84.010 of the Auburn City Code is amended to read as follows: 5.84.010 Purpose of business rogietrationlicensinq. The purpose of a business regictration licensinq is to: A. Provide the city with accurate and current information concerning the commercial utility providers, cable operators, telecommunications carriers, operators and providers who offer or provide services within the city, or who own or operate facilities within the city's public ways; B. Assist the city in enforcement of ACC Title 20; C. Assist the city in the collection and enforcement of any municipal taxes, fees or charges that may be due the city; and -------------------------------- Ordinance No. 5897 January 28, 2005 Page 24 D. Assist the city in monitoring compliance with local, state and federal laws. (Ord. 5044 § 1, 1998.) Section 18. Amendment to City Code. Section 5.84.030 of the Auburn City Code is amended to read as follows: 5.84.030 Business regi£tration licensino required. No person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax is imposed by ACC 3.84.040 or 3.88.040 without first having obtained, and being the holder of, a business registration license with the Auburn city clerk. Each such person, firm or corporation shall apply to the Auburn city olork business license clerk, as desiQnated by the Mayor for such rogiÐtration business license upon such forms as the business license clerk shall prescribe, giving such information as the business license clerk shall deem reasonably necessary to enable the business license clerk's office to administer and enforce this chapter, and, upon acceptance of such application by the business license clerk, the business license clerk shall thereupon issue such registration to the applicant. Such regiÐtration business licesne shall be nontransferable and shall be valid as long as the rogie:tmnt licensee shall continue in the business and shall comply with this chapter. All commercial utility providers, cable operators, telecommunication carriers, operators, and providers who offer or provide any commercial utility or telecommunications service for a fee directly to the public, either within the city, or outside the corporate limits from facilities within the city, shall, on an annual basis, apply for and obtain a business registration from the city pursuant to this chapter on forms to be provided by the city, which shall include the following: A. Business name, addresses and telephone numbers of the applicant, including business owner(s), partner(s), officer(s) and any affiliates, including the legal status of each. B. The name, address, telephone number, and title of the officer, or registered agent responsible for the accuracy of the telecommunications business registration application statement. C. Business location, mailing address, street address, and telephone number. D. A description of applicant's existing or proposed facilities within the city. E. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the city, or to those outside the city limits using facilities located within the city. F. Information sufficient to determine whether the applicant is subject to the public way permitting and/or franchising requirements imposed by ACC Title 20 and Chapter 12.24 ACC. -------------------------------- Ordinance No. 5897 January 28, 2005 Page 25 G. Information sufficient to determine whether the transmission, origination or receipt of the services provided or to be provided by the applicant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility tax or other occupation tax imposed by the city. H. DBA status of business. I. Property tax lot number if applicable. J. Business activity description. K. Storage of hazardous materials (copy of MSDS sheet). L. Washington State UBI/tax number. M. FederallD tax number. N. Washington State Labor and Industries contractor ID number. O. Number of employees in city. P. Emergency contacts available 24 hours daily, seven days a week. (Ord. 5044§ 1,1998.) Section 19. Amendment to City Code. Section 5.84.040 of the Auburn City Code is amended to read as follows: 5.84.040 Business rogistr::ltion license fee. Each initial and all subsequent annual applications for regietmtion efbusiness licenses for telecommunications carriers, operators, providers, or other commercial utility providers shall be accompanied by an application fee of $25.00 for the purpose of reimbursing the city for administrative expenses associated with processing the application. (Ord. 5044 § 1, 1998.) Section 20. Amendment to City Code. Section 10.36.450 of the Auburn City Code is amended to read as follows: 10.36.450 Permit - Requirements. The application/permit for such extended parking permit shall be made to the building official on a form provided by the oity clerk person desiqnated bv the Mayor to process the extended parkinq permit, which application/permit shall contain the name and address of the applicant, a statement as to the business in which engaged, and a description of the applicant's equipment or vehicles that will utilize the parking space or spaces required, along with the term of the permit. The form provided shall be in triplicate. The approved applicant's copy shall be posted by the applicant on the premises in plain view for enforcement personnel to inspect. The second copy shall be transmitted by the building official to the finance director for enforcement. The third copy shall be kept on file with the building official until such time as the application/permit has expired or notice has been received that the permit is no longer required. The application/permit can specify only the space abutting and adjacent to the property being improved, repaired and/or serviced. Any extension of time beyond a permit in effect -------------------------------- Ordinance No. 5897 January 28, 2005 Page 26 requires a new permit. No fee shall be charged. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.216.) Section 21. Amendment to City Code. Section 18.60.020 of the Auburn City Code is amended to read as follows: 18.60.020 Requirements. Home occupations are required to have a business regietr:ltionlicense as issued by the city olorkbusiness license clerk, as desionated by the Mayor, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only members of the immediate family residing on the premises may be employed; B. No inventory is kept (other than incidental supplies necessary for and consumed in the conduct of such home occupation) or commodities sold other than those produced on the premises. Samples may be kept but not sold on the premises. Items commonly collected or traded, and occasionally sold by hobbyists such as coins, stamps, antiques, etc., may be considered to be exempt from this provision, as long as all other requirements of home occupations are met; C. No mechanical equipment is used except such as is customarily used for domestic, household or personal purposes (or as deemed similar in terms of power and type); D. Not more than one-fourth of the floor area of any building is devoted to such occupation, except accessory buildings which are used for no other purpose; E. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; F. Shall not involve the use of commercial vehicles for the distribution of materials from the premises; G. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable, areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040; H. Only one sign is permitted, one square foot in area, non illuminated , and attached to a building; I. No display pertaining to the occupation, other than the one permitted sign is visible from the street or adjacent residences; J. No more animals are maintained on the premises than what may otherwise be permitted in the zone; K. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, -------------------------------- Ordinance No. 5897 January 28, 2005 Page 27 materials, construction, lighting, signs, or the emissions of sounds,20.04.020 Public way agreement applications. Any person that desires a public way agreement pursuant to this title shall file an application with the city which shall include the following information: A. The identity of the applicant, including all affiliates of the applicant; B. A description of the commercial utility or telecommunications services that are or will be offered or provided by the applicant using its facilities; C. A description of the transmission medium or transporting means that will be used by the applicant to offer or provide such telecommunications or utility services; D. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify: 1. The location and route requested for applicant's proposed facilities; 2. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route; 3. The location(s), if any, for interconnection with the utility or telecommunications facilities of other utility or telecommunications carriers, operators, and providers; and 4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate; E. If applicant is proposing to install aboveground and/or overhead facilities: 1. Evidence that surplus space is available for locating its utility or telecommunications facilities on existing utility poles along the proposed route; 2. Proof of compliance with city's zoning code; and 3. Demonstrate compatibility with existing and future street illumination systems; F. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: 1. The excess capacity currently available in such ducts or conduits before installation of applicant's utility or telecommunications facilities; 2. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's utility or telecommunications facilities; 3. Evidence of ownership or a right to use such ducts or conduits; G. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: 1. The location proposed for the new ducts or conduits; and 2. The excess capacity that will exist in such ducts or conduits after installation of applicant's utility or telecommunications facilities; H. A preliminary construction schedule and completion date; I. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the utility or telecommunications services, including, but not -------------------------------- Ordinance No. 5897 January 28, 2005 Page 28 limited to, evidence that the applicant has registered with the Washington Utilities and Transportation Commission; J. All deposits or charges required pursuant to this title; K. Proof of ability to meet city's bonding requirements in ACC 12.2.4.050 when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet security requirements in ACC 20.10.240 through 20.10.260; L. A copy of an Auburn business registration stamped and signed by the eity-business license clerk; and M. A nonrefundable application fee in the amount of $500.00. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 22. Amendment to City Code. Section 20.04.020 of the Auburn City Code is amended to read as follows: 20.04.020 Public way agreement applications. Any person that desires a public way agreement pursuant to this title shall file an application with the city which shall include the following information: A. The identity of the applicant, including all affiliates of the applicant; B. A description of the commercial utility or telecommunications services that are or will be offered or provided by the applicant using its facilities; C. A description of the transmission medium or transporting means that will be used by the applicant to offer or provide such telecommunications or utility services; D. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify: 1. The location and route requested for applicant's proposed facilities; 2. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route; 3. The location(s), if any, for interconnection with the utility or telecommunications facilities of other utility or telecommunications carriers, operators, and providers; and 4. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate; E. If applicant is proposing to install aboveground and/or overhead facilities: 1. Evidence that surplus space is available for locating its utility or telecommunications facilities on existing utility poles along the proposed route; 2. Proof of compliance with city's zoning code; and 3. Demonstrate compatibility with existing and future street illumination systems; F. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: -------------------------------- Ordinance No. 5897 January 28, 2005 Page 29 1. The excess capacity currently available in such ducts or conduits before installation of applicant's utility or telecommunications facilities; 2. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's utility or telecommunications facilities; 3. Evidence of ownership or a right to use such ducts or conduits; G. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways: 1. The location proposed for the new ducts or conduits; and 2. The excess capacity that will exist in such ducts or conduits after installation of applicant's utility or telecommunications facilities; H. A preliminary construction schedule and completion date; I. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the utility or telecommunications services, including, but not limited to, evidence that the applicant has registered with the Washington Utilities and Transportation Commission; J. All deposits or charges required pursuant to this title; K. Proof of ability to meet city's bonding requirements in ACC 12.24.050 when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet security requirements in ACC 20.10.240 through 20.10.260; L. A copy of an Auburn business registration stamped and signed by the Gity-business license clerk, as desiqnated by the Mayor; and M. A nonrefundable application fee in the amount of $500.00. (Ord. 5271 § 1,1999; Ord. 5034 § 1, 1998.) Section 23. Amendment to City Code. Section 20.06.020 of the Auburn City Code is amended to read as follows: 20.06.020 Franchise applications. Any person who desires a telecommunications or a commercial utility franchise pursuant to this title shall file an application with the city public works department which, in addition to the information required by ACC 20.04.020, shall include the following: A. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; B. An accurate map showing the location of any existing utility or telecommunications facilities in the city that applicant intends to use or lease so that the city can keep track of various systems using the public way(s) to prevent interference between the users; C. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational and governmental institutions, if any; -------------------------------- Ordinance No. 5897 January 28, 2005 Page 30 D. A description of applicant's service, access and line extension policies; E. The area or areas of the city the applicant desires to serve and an initial schedule for build-out to the entire franchise area; F. The applicant's intended means and methods of providing service and whether shared use of other utility poles or conduits is envisioned; G. All fees, deposits or charges required pursuant to this chapter; H. Such other and further information as permitted by federal and state law as may be requested by the city; I. Proof of ability to meet city's bonding requirements in ACC 12.24.050 when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet security requirements in ACC 20.10.240 through 20.10.260; J. A copy of an Auburn business registration stamped and signed by the Gity-business license clerk, as desionated bv the Mavor; and K. A nonrefundable application fee in the amount of $2,500. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 24. Amendment to City Code. Section 20.08.020 of the Auburn City Code is amended to read as follows: 20.08.020 Lease application. Any person that desires to solicit the city's approval of a facilities lease pursuant to this title shall file a lease proposal with the city which, in addition to the information required by ACC 20.06.020, shall include the following: A. A description of the facilities or other equipment proposed to be located upon city property; B. A description of the city property upon which the applicant proposes to locate facilities or other equipment; C. Preliminary plans and specifications in sufficient detail to identify: 1. The location(s) of existing telecommunications facilities or other equipment upon the city property, whether publicly or privately owned. 2. The location and source of electric and other utilities required for the installation and/or operation of the proposed facilities or equipment; D. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment; E. If applicant is proposing to install aboveground and/or overhead facilities: 1. Evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route; 2. Proof of compliance with city's zoning code; F. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; -------------------------------- Ordinance No. 5897 January 28, 2005 Page 31 G. An accurate map showing the location of any existing utility or telecommunications facilities in the city that applicant intends to use or lease; H. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational, and governmental institutions; I. A copy of an Auburn business registration stamped and signed by the 6ity-business license clerk. as desiqnated by the Mayor; J. Proof of ability to meet city's bonding requirements in Chapter 12.24 ACC when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet the city's security requirements in ACC 20.10.240 through 20.10.260; K. A nonrefundable application fee in the amount of $500.00; and L. Such other and further information as may be requested by the city. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 26. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 27. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: FEB - 7 ZOOS PASSED: FEB - 7 Z005 APPROVED: FEB - 7 zooS -------------------------------- Ordinance No. 5897 January 28, 2005 Page 32 ~.// \5(-:-- ~ .. -~ ATTEST: A&¥~ 'Danielle Daskam City Clerk APPROVED AS TO FORM: 0/ : 10 ~.. Published: - -r-c \., " "\ 7"t::C-_~_:; -------------------------------- Ordinance No. 5897 January 28, 2005 Page 33 PETER B. LEWIS MAYOR