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ORIGINAL
ORDINANCE NO. 4 8 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, ESTABLISHING A NEW CHAPTER, 5.30 ENTITLED
ADULT ENTERTAINMENT ESTABLISHMENTS, SETTING FORTH FINDINGS,
DEFINITIONS, LICENSING REQUIREMENTS, PROHIBITIONS FOR LICENSES TO
CERTAIN CLASSES, LICENSE APPLICATION PROCEDURE, LICENSING FEES,
LICENSE TERMS, LICENSE SUSPENSION, APPEALS, STANDARDS OF CONDUCT
AND OPERATION, LIQUOR REGULATIONS, DECLARING A NUISANCE AND
SETTING FORTH ADDITIONAL ENFORCEMENT REMEDIES.
WHEREAS, the City had established a moratorium on adult uses
and adult entertainment, and had requested a review, and
revisions of ordinances if necessary; and
WHEREAS, a comprehensive review has been accomplished and
recommendations have been made to amend definitional provisions,
to repeal and reenact adult uses under Chapter 18.74 and to
establish a new chapter on adult entertainment establishments;
and
WHEREAS, control of adult uses and adult entertainment
establishments is to protect the public and to enhance public
health, safety and welfare; and
WHEREAS, the establishment
entertainment establishments
Plan and is necessary to
between zones; and
of adult uses and adult
is in harmony with the Comprehensive
assure consistency and transition
Ordinance No. 4887
November 20, 1996
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WHEREAS, the licensin9 and regulation of adult entertainment
establishments is necessary to provide effective law enforcement;
and
WHEREAS, it is found that adult entertainment establishments
can result in additional criminal activity, particularly but not
limited to, prostitution and the sale and use of narcotics and,
therefore, require regulation to monitor and prevent criminal
activities; and
WHEREAS, reasonable regulations of adult entertainment
establishments do not interfere with the freedom of expression of
the individual entertainers; and
WHEREAS, a reasonable physical separation between the
entertainers and the patrons is necessary to protect the
entertainers from unwanted physical contact by the patrons, to
prevent the transmission of diseases which are transmitted by
physical contact between patrons and entertainers, and to provide
a more restrained emotional atmosphere; and
WHEREAS, it is found that a differentiation in vertical
separation between the patrons and the entertainer is necessary
to prevent contact and that a 24-inch differential is reasonable
Ordinance No. 4887
November 20, 1996
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and that a horizontal separation is necessary to prevent contact,
and that a 10-foot is reasonable; and
WHEREAS, a 24-inch vertical separation and a 10-foot
horizontal separation is reasonably necessary to prevent physical
contact and not too far to prevent the observation of and
interference with freedom of expression; and
WHEREAS, the establishment of a chapter on adult
entertainment establishments has no adverse environm,gntal effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON,
Chapter 5.30,
Establishments" as
DO ORDAIN AS FOLLOWS:
There is hereby established a new chapter,
Auburn City Code, ~Adult Entertainment
follows:
Ordinance No. 4887
November 20, 1996
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CHAPTER 5.30
ADULT ENTERTAINMENT ESTABLISHMENTS
SECTIONS:
5.30.010
5.30.020
5.30.030
5.30.040
5.30.050
5.30.060
5.30.070
5.30.080
5.30.090
5.30.100
5.30.110
5.30.120
5.30.130
Findings
Definitions
License required
License prohibited to certain classes
Application
License fees
Appeals
Standards of conduct and operation
License terms
License suspension
Liquor regulations
Nuisance declared
Additional enforcement
5.30.010 Findings
The Auburn City Council makes the following findings:
no
The City recognizes the importance of freedom of
expression in a democratic society; and
The City recognizes the need to prohibit behavior
which may be harmful to its citizens; and
Establishments where nude, topless or erotic dancing
are offered either by live performances or in panoram
or peep shows may present the opportunity to engage in
activity which the Constitution does not protect and
which is detrimental to the public health, safety and
welfare; and
The operation of such establishments should be
regulated and monitored; and
Ordinance No. 4887
November 20, 1996
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Such regulation can be best supported through a system
of licenses imposing responsibility on operators and
managers for the conduct of adult entertainment
establishments.
5.30.020 Definitions.
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"Adult entertainment establishment" means any panoram
or peep show 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:
Any exhibition, performance or dance of any type
conducted in a premises where such exhibition,
performance, or dance involves a F, erson who is
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
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 empi~asis on the
depiction, description, stimulation 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
Ordinance No. 4887
November 20, 1996
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Fondling or other erotic: touching of
human genitals, pubic region, buttocks
or female breast; or
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.
"Applicant" means the individual or entity seeking a
adult entertainment establishment license in the City
of Auburn.
"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
entertainment establishment business,
responsibility for management of
entertainment establishment business.
the adult
based on
the adult
"Clerk" means such city employees or agents as the
mayor shall designate to administer this chapter, or
any designee thereof.
Ordinance NO. 4887
November 20, 1996
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"Employee" means any and all persons, includin9
managers, performance and independent contractors who
work in or at or render any services directly related
to the operation of any adult entertainment
establishment.
~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.
~Liquor" means all beverages defined in RCW 66.04.200.
"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.
~Operator" means any person operating, eonductin9 or
maintaining an adult entertainment establishment.
"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.
"Panoram premises" means any premises or portion of
premises on which a panorama is located and which
open to the public, including through membership.
a
~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.
Ordinance No. 4887
November 20, 1996
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"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.
5.30.030 License required.
It is unlawful for any person to conduct, manage or
operate an adult entertainment establishment unless
such person is the holder of a valid arid subsisting
license from the city to do so, obtained in the manner
provided in this chapter.
It is unlawful for any performer, employee or manager
to knowingly work in or about, or to knowingly perform
any service or entertainment directly related to the
operation of an unlicensed adult entertainment
establishment.
It is unlawful for any manager to work in an adult
entertainment establishment unless such person is the
holder of a valid and subsisting license from the city
to do so.
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November 20, 1996
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5.30.040 License prohibited to certain classes.
NO license shall be issued to:
A natural person who has not attained the age of 21
years, at the time application is submitted except
that licenses may be issued to persons who have
attained the age of 18 years with respect to adult
entertainment establishments where no intoxicating
liquors are served or provided.
A person whose place of business is conducted by a
manager(s) or agent(s), unless such manager(s) has
obtained a manager's license.
A co-partnership, unless all the members thereof are
qualified and approved to obtain a license as provided
in this chapter. Such license shall be issued to the
manager(s) or agent(s) thereof.
A corporation, unless all the officers and directors
thereof are qualified and approved to obtain a license
as provided herein. Such license shall be issued to
the officers and directors thereof.
Section 6. 5.30.050 License Application.
A. Adult entertainment establishment license.
Ail applications for an adult entertainment
establishment license shall be submitted to the 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:
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November 20, 1996
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Ordinance No. 4887
November 20, 1996
Page 10
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.
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.
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.
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 therefor.
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 non-criminal traffic
infractions, including the dates of conviction,
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Ordinance NO. 4887
November 20, 1996
Page 11
nature of the crime, name and location of court
and disposition.
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.
Authorization for the city, its agents and
employees to seek information to. confirm any
statements set forth in the application.
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.
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.
A complete set of fingerprints for the applicant
or each applicant control person, taken by Auburn
police department employees.
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,
restrooms and service areas shall be clearly
marked on the drawing. An application for a
license for an adult entertainment establishment
shall include buildin9 plans which demonstrate
conformance with this chapter.
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The application must demonstrate compliance with
the provisions of the City's zonin9 code
concernin9 allowable locations for adult
entertainment establishments.
An application shall be deemed complete upon the
applicant's provision of all information requested
above, includin~ identification of "none" where that
is the correct response, and the applicant's
verification that the application is cc~mplete. The
clerk may request other information or clarification
in addition to that provided in a complete application
where necessary to determine compliance with this
chapter.
A nonrefundable application fee as provided in this
chapter must be paid at the time of filin9 an
application in order to defray the costs of processing
the application.
Each applicant shall verify, under penalty of perjury
that the information contained in the application is
true.
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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 suc~ acquisition
shall be provided in writin~ to the city clerk, no
later than 21 calendar days followin9 such
acquisition. The notice required shall include the
information required for the origina1 adult
entertainment establishment license application.
The adult entertainment establishment license, if
~ranted, 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
Ordinance No. 4887
November 20, 1996
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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.
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 u~erson operate
an adult entertainment establishment, under any
designation or at any location not specified on the
license.
Upon receipt of the complete application and fee, the
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 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 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
Ordinance No. 4887
November 20, 1996
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Adult
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.
An adult entertainment establishment license shall be
issued by the clerk within 30 calendar days of the
date of filing a complete license application and fee,
unless the 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 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
clerk finds that the applicant has failed to meet any
of the requirements for issuance of an adult
entertainment establishment license, the clerk shall
deny the application in writing and shall cite the
specific reasons therefor, including the applicable
law. If the 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 clerk that the license has been
denied, but in no event may the clerk extend the
application review time for more than an additional 20
days.
entertainment establishment manager licenses.
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 %nformation
identified below. A nonrefundable application fee of
$50 shall accompany the application. A copy of the
application shall be provided to the police department
Ordinance No. 4887
November 20, 1996
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for its review investigation and recommendation. Ail
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:
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.
The name and address of each business at
which the applicant intends to work.
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;
ii. A state issued identification card
bearing the applicant's plhotograph and
date of birth;
iii. An official passport issued by the
United States of America;
iv. An immigration card issued by the
United State of America; or
v. Any other identification that the city
determines to be acceptable.
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.
Ordinance No. 4887
November 20, 1996
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A description of the applicant's principal
activities or services to be rendered.
Two two-inch by two-inch color photographs
of applicant, taken within six months of the
date of application showing only the full
face.
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go
Authorization
employees to
statements set
for the city, its agents and
investigate and.confirm any
forth in the application.
The clerk may request additional information or
clarification when necessary to determine compliance
with this chapter.
An adult entertainment establishment manager's license
may be issued by the clerk within 14 days from the
date the complete application and fee are received
unless the 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 clerk determines that the applicant
has failed to qualify for the license applied for, the
clerk shall deny the application in writJ[ng and shall
cite the specific reasons therefor, including
applicable laws. If the 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 clerk that the license has been
denied, but in no event may the clerk: extend the
application review time for more than an additional 20
days.
Ordinance No. 4887
November 20, 1996
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5.30.060 License fees.
Any person desiring to obtain an adult
establishment license shall first pay a
$500 per year.
entertainment
license fee of
Any person desiring to obtain an adult
establishment manager's license shall
license fee of $50 per year.
entertainment
first pay a
5.30.070 Appeal.
Ao
Denial of License. Any person aggrieved by the action
of the clerk in refusing to issue or renew any license
issued under this chapter shall have 'the right to
appeal such action to the hearing examiner, or to such
other hearing body as may hereafter be established by
the city council for the hearing of license appeals,
by filing a notice of appeal with the clerk within 10
calendar days of the date of the notice of the refusal
to issue or renew. The hearing examiner or other
hearing body shall set a date for hearing such appeal
to take place within 45 calendar days of the date of
receipt of the notice of appeal. At such hearing the
appellant and other interested persons may appear and
be heard, subject to rules and regulations of the
hearing examiner or other hearing body. The hearing
examiner or other body shall render its decision on
the appeal within 15 calendar days following the close
of the appeal hearing.
B. Appeal to Superior Court. Any person aggrieved by the
decision of the hearing examiner or hearing body may seek
judicial review under RCW chapter 7.16.
5.30.080 Standards of conduct and operation.
The following standards of conduct must be adhered to
by employees of any adult entertainment establishment
Ordinance No. 4887
November 20, 1996
Page 17
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while in any area in which members of the public are
allowed to be present:
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 ten
feet from the nearest member of the public.
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
subdivision 1 of this subsection, 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.
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.
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.
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.
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
Ordinance No. 4887
Nover~ber 20, 1996
Page 18
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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.
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.
At any adult
are required:
entertainment
establishment, the
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.
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
Ordinance No. 4887
November 20, 1996
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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:
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.
The licensed manager on duty shall not be a performer.
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.
Ordinance No. 4887
November 20, 1996
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The manager shall be responsible for and shall assure
that the actions of the members of the public, the
performers and all other employees shal~, comply with
all requirements of this chapter.
Premises
Specifications for adult entertainment
establishments.
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 ten 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 ten 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.
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.
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:
Ordinance No. 4887
November 20, 1996
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THIS ADULT
REGULATED BY
ARE:
ENTERTAINMENT ESTabLISHMENT IS
THE CITY OF AUBURN. ENTERTAINERS
NOT PERMITTED TO ENGAGE IN ANY TYPE OF
SEXUAL CONDUCT
NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE,
EXCEPT ON STAGE
NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES
IN ADVANCE OF THEIR PERFORMANCE
NOT PERMITTED TO ACCEPT TIPS iDIRECTLY FROM
PATRONS WHILE PERFORMING UPON ANY STAGE AREA
Recordkeeping Requirements.
Ail papers, records, and things required to be
kept pursuant to this chapter shall be open to
inspection by the 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.
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 clerk during hours of operation of the
business upon 24 hours notice to the licensee.
Inspections. In order to insure compliance with this
chapter all areas of licensed adult entertainment
establishments which are open to members of the public
Ordinance No. 4887
November 20, 1996
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shall be open to inspection by city' agents and
employees durin9 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.
Premises - Additional specifications for panorams
and peepshows.
The following additional requirements must be adhered to at
any panoram or peepshow:
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, and all persons viewing such panoram
pictures shall be visible from the entrance to
such premises.
2 o
The licensee shall not permit any doors to public
areas on the premises to be locked during
business hours.
Any room or area on such premises shall be
readily accessible at all times for inspection by
any law enforcement officer or license inspector.
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 8
point type will be readable by the human eye with
20/20 vision from two feet away.
Ordinance No. 4887
November 20, 1996
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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).
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.
5.30. 090 License term Assignment
Renewals.
ao
The license fees set out in this chapter, will not be
pro-rated, and such licenses expire on the thirty-
first day of December of each year, except that in the
event that the original application is made subsequent
to June 30th, then one-half of the annual fee may be
Ordinance No. 4887
November 20, 1996
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accepted for the remainder of said year. Licenses
issued under this chapter are not assignable.
Application for renewal of licenses issued hereunder
shall be made to the clerk no later than 30 days prior
to the expiration of adult entertainment establishment
licenses, and no later than 14 days prior to the
expiration of adult entertainment establishment
manager licenses. The renewal license shall be issued
in the same manner and on payment of the same fees as
for an original application under this chapter. There
shall be assessed and collected by tile clerk, an
additional charge, computed as a percentage of the
license fee, on applications not submitted on or
before said date as follows:
Days Past Due
Percent of License Fee
7-30 25%
31-60 50%
61 and over 75%
The clerk shall renew a license upon application
unless the clerk is aware of facts that would
disqualify the applicant from being issued the license
for which he or she seeks renewal, and further
provided that the application complies with all
provisions of this chapter as now enacted or as the
same may hereafter be amended.
~ 5.30.100License suspension and revocation
hearing.
The clerk may, upon the recommendation of the chief of
police or his designee and as provided in subsection B
below, suspend or revoke any license issued under the
provisions of this chapter at any time where the same
was procured by fraud or false representation of fact;
or for the violation of, or failure to comply with the
provisions of this chapter of any of the ]provisions of
Ordinance No. 4887
November 20, 1996
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Title 5 of this code or any other similar local or
state law by the licensee or by any of his assistants,
agents or employees when the licensee knew or should
have known of the violations committed by his
servants, agents or employees; or for the conviction
of the licensee of any crime or offense involving
prostitution, promoting prostitution, or transactions
involving controlled substances (as that term defined
in Chapter 69.50 RCW) committed on the premises, or
the conviction of any of his servants, agents or
employees of any crime or offense involving
prostitution, promoting prostitution, or transactions
invol~ing controlled substances (as that term is
defined in Chapter 69.50 RCW) committed on the
premises in which his adult entertainment
establishment is conducted when the licensee knew or
should have known of the violations committed by his
assistants, agents or employees.
A license procured by fraud or misrepresentation shall
be revoked. Where other violations of this chapter or
other applicable ordinances, statute or regulations
are found, the license shall be suspended for a period
of 30 days upon the first such violation, 90 days upon
the second violation within a two month period, and
revoked for third and subsequent violations within a
24 month period, not including periods of suspension.
The clerk shall provide at least 10 days ]prior written
notice to the licensee of the decision to suspend or
revoke the license. Such notice shall inform the
licensee of the right to appeal the decision to the
hearing examiner or other designated hearing body and
shall state the effective date of such revocation or
suspension and the grounds for re'vocation or
suspension. The hearing examiner or other hearing
body shall render its decision within 15 days
following the close of the appeal hearing. Any person
aggrieved by the decision of the hearing examiner or
other designated hearing body shall have the right to
appeal the decision to the superior court by writ of
Ordinance No. 4887
November 20, 1996
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certiorari or mandamus. The decision of the clerk
shall be stayed during the pendency of any appeal
except as provided in subsection D below.
Where the Auburn building official or fire marshal or
their designees or the King County health department
find that any condition exists upon the premises of an
adult entertainment establishment or adult
entertainment establishment which constitutes a threat
of immediate serious injury or damage to person or
property, said official may immediately-suspend any
license issued under this chapter pending a hearing in
accordance with subsection C above. The official
shall issue notice setting forth the basis for the
action and the facts that constitute a threat of
immediate serious injury or damage to persons or
property, and informing the licensee of the right to
appeal the suspension to the hearing examiner or other
designated hearing body under the same appeal
provisions et forth in subsection C above, provide,
however, that a suspension based on threat of
immediate serious injury or damage shall not be stayed
during the pendency of the appeal.
~ 5.30.110Liquor regulations.
Any license issued pursuant to this chapter shall be subject
to any rules or regulations of the Washington State Liquor
Control Board relating to the sale of intoxicating liquor. In
the event of a conflict between the provisions of this chapter
and the applicable rules and regulations of the State Liquor
Control Board, the rules and regulations of the Washington State
Liquor Control Board shall control.
~ 5.30.120Nuisance declared.
Public Nuisance. Any adult entertainment
establishment operated, conducted, or maintained in
violation of this chapter or any law of the City of
Auburn or the state of Washington shall be, and the
same is, declared to be unlawful and a public
Ordinance No. 4887
November 20, 1996
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nuisance. The city attorney may, in addition to or in
lieu of any other remedies set forth in this chapter,
commence an action to enjoin, remove or abate such
nuisance in the manner provided by law and shall take
such other steps and apply to such court or courts as
may have jurisdiction to grant such relief as will
abate or remove such public nuisance, and restrain and
enjoin any person from operating, conducting or
maintaining an adult entertainment establishment
contrary to the provisions of this chapter.
Moral Nuisance. Any adult entertainment establishment
operated, conducted or maintained contrary to the
provision of Chapter 7.48A RCW, Moral Nuisance, shall
be, and the same is declared to be, unlawful and a
public and moral nuisance and the city .attorney may,
in addition to or in lieu of any other remedies set
forth herein, commence an action or actions, to abate,
remove and enjoin such public and moral nuisance, or
impose a civil penalty, in the manner provided by
Chapter 7.48A RCW.
~ 5.30.130Additional enforcement.
The remedies found in this chapter are not exclusive, and,
the city may seek any other legal or equitable relief, including
but not limited to enjoining any acts or practices which
constitute or will constitute a violation of any business license
ordinance or other regulations herein adopted.
~9~ If any provision of this Ordinance
determined to be invalid or unenforceable for any reason,
remaining provisions shall remain in force and effect.
such administrative
the
The Mayor is hereby authorized to implement
procedures as may be necessary to carry out
the directions of this legislation.
Ordinance No. 4887
November 20, 1996
Page 28
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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:
PASSED:
APPROVED:
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance No. 4887
November 20, 1996
Page 29