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HomeMy WebLinkAbout4887 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 I11 i I Iii [ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 4 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Eo 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. no "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 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ko Lo "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 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 No "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. Ordinance No. 4887 November 20, 1996 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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: Ordinance No. 4887 November 20, 1996 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Co 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ko 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 5 o 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 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 fo 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. 2 o 3 o 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 Page 16 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 3 o 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 1 2 3 4 ?. 5 6 7 8 9 10 11 12 13 14 B. 15 following 16 ]7 ]8 19 2O 22 23 24 25 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 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 20 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 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 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 26 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 27 Ii I II 1,~ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Ii T I[ IF r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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