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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
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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
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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;
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Ordinance No. 5897
January 28, 2005
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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;
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Ordinance No. 5897
January 28, 2005
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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.
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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
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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.)
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Ordinance No. 5897
January 28, 2005
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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
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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.
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Ordinance No. 5897
January 28, 2005
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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;
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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:
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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.
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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.
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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,
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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
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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.
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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
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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,
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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
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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:
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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;
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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;
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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
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Ordinance No. 5897
January 28, 2005
Page 32
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'Danielle Daskam
City Clerk
APPROVED AS TO FORM:
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Published:
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Ordinance No. 5897
January 28, 2005
Page 33
PETER B. LEWIS
MAYOR