Ordinance 2572RPB:jt
12/6/85
R: 7/8/86naa
ORDINANCE NO. 2572
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADDING A NEW CHAPTER 4.44 TO THE EDMONDS CITY CODE
PROVIDING FOR THE LICENSING AND REGULATION OF TEEN
DANCES THAT ADMIT PERSONS UNDER THE AGE OF 18;
PROVIDING MINIMUM AGE RESTRICTIONS, REQUIRING
LICENSES FOR THE OPERATION OF TEEN DANCE HALLS;
AND PROVIDING PENALTIES FOR NONCOMPLIANCE.
WHEREAS, the Edmonds City Council finds that unregu-
lated teen dance halls contribute to the problems associated with
runaway children, alcohol and drug abuse by children; and
WHEREAS, the Edmonds City Council finds that this ordi-
nance is necessary to protect the public health, safety and
welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 4.40.020(B) of the Edmonds City
Code is hereby amended to read as follows:
B. Exempt Organizations. The following shall be
exempt from the requirements of this chapter:
1) Nonprofit civic, charitable or religious
organizations.
2) Public and/or private schools licensed by the
State of Washington.
3) Holders of a valid cabaret license under
Chapter 4.48 of the Edmonds City Code.
4) Holders of a valid teen dance license under
Chapter 4.44 of the Edmonds City Code.
Section 2. Section 4.48.010 of the Edmonds City Code
is hereby amended to read as follows:
4.48.010 Cabaret Defined.
For the purposes of this chapter, a "cabaret" is
defined as any public place of business, except a
teen dance hall as defined in Chapter 4.44 of the
Edmonds City Code, wherein food or beverages are
dispensed and dancing is allowed or permitted
without charge.
Section 3. There is hereby added a new Chapter 4.44 to
the Edmonds City Code entitled "Teen Dance Halls" to read as
follows:
4.44.010 Definitions. For the purpose of this
Chapter and unless the context plainly requires
otherwise, the following definitions are adopted:
A. "Teen dance" means any dance that is open to the
public and which permits the entry of persons
under the age of eighteen years and which: (1) is
conducted for a profit, direct or indirect; or (2)
requires a monetary payment or contribution from
the persons admitted.
B. "Teen dance hall" means any place or premise where
a teen dance is conducted, including but not
limited to all parking areas, hallways, bathrooms
and all adjoining areas accessible to the public
during the dance.
C. "Person" includes one or more natural persons,
corporations, partnerships or unincorporated asso-
ciations or other forms of business organization.
D. "Police Chief" means the Edmonds Police Chief or
his designee.
4.44.020 License - Required - Fee - Renewals.
A. It is unlawful for any person to conduct a teen
dance within the City of Edmonds without first
having obtained and being the holder of a valid
and subsisting license for such activity, to be
known as a teen dance license. The fee for a teen
dance license is $300.00.
B. The entire annual license fee shall be paid for
the applicable calendar year regardless of when
the application for license is made, and shall not
be prorated for any part of the year except that
if the original application for license is made
subsequent to June 30th, the license fee for the
remainder of that year shall be one-half of the
annual license fee. Annual license renewals shall
be required to be obtained and paid in full by
January 31st of each respective calendar year;
provided, however, for calendar year 1986, teen
dance licenses shall be obtained and paid in full
on or before September 1, 1986.
C. There shall be assessed and collected by the Clerk
an additional charge computed as a percentage of
the license fee, on renewal applications not made
on or before the expiration date, as follows:
Additional Percentage
Days Past Due Of License Fee
7-30 25%
31-60 50%
61 and over 100%
4.44.030 License - Exemption and Waiver of
Payment
A. The Police Chief reserves the right to waive the
requirement of payment of the teen dance license
fee in the case of any teen dance open to the
public which, in the opinion of the Police Chief
is conducted for a charitable purpose or will
otherwise result in substantial benefit to the
community and which merits waiver of the fee.
Application for a fee waiver shall be made no less
than thirty days prior to the date of the cabaret
or teen dance for which a license is sought.
B. Dances conducted by public and/or private schools
licensed by the State of Washington shall be
exempt from the provisions of this chapter.
4.44.040 License - Application
A. Applications for any teen dance license shall be
submitted in writing to the City Clerk upon such
forms as the clerk may prescribe at least thirty
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(30) days prior to the first teen dance. In addi-
tion to other information requested, application
forms shall contain the name and place of resi-
dence of the applicant, the address and descrip-
tion of the premises to be licensed and the time
and date of the dance or dances to be held. All
applications shall be reviewed by the Mayor and
approved or denied by the Mayor. All such
applications shall be accompanied by a certificate
of insurance evidencing public liability coverage
for persons and property equal to at least
$500,000. per occurrence and one million in the
aggregate. Such policy shall name the City of
Edmonds as a named insured and provide for thirty
(30) days notice of cancellation.
B. The Police Chief may impose such conditions as he
finds necessary to adequately protect the public
health, safety and general welfare, including the
condition that the licensee employ an off -duty
police officer to enforce the laws of the State of
Washington and city ordinances during any teen
dance.
4.44.050 License - Refusal to Grant
A. The Police Chief shall deny a license if one or more of
the following conditions exist:
1) The applicant is not in compliance with any
state, county or city law or ordinance appli-
cable to the premises or operator.
2) The applicant or any of the applicant's offi-
cers, directors, partners, operators,
employees or any other person involved in the
operation of the teen dance or teen dance hall
have:
a) Committed any act, which, if committed by
a licensee, would be grounds for the
suspension or revocation of a license or
permit; or
b) Been convicted within the last five years
of:
(i) A felony involving a crime of violence
(as defined in RCW 9.41.010(2) as now
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exists or as hereafter amended) upon a
juvenile or any felony under RCW
Chapters 9A.44, 9A.64, 9A.88 or 69.50;
or
A crime involving prostitution,
promoting prostitution, prostitution
loitering or lewd conduct, or assault
on a juvenile; or
3) Within the last two years the applicant has
been refused a license or had a license
revoked under the provisions of this chapter.
B. Any applicant denied a license may reapply and be
granted a license if the applicant can show that
the basis for such denial no longer exists.
C. When the Police Chief refuses to grant a license,
or grants a license with conditions, he shall
notify the applicant in writing of the same and
shall inform the applicant of his right to appeal
to the City Council within 10 days of the date of
the notice by filing a written notice of appeal
which contains a statement of the reasons for the
appeal with the City Clerk.
4.44.070 License - Revocation
A. The Police Chief may suspend or revoke any license
issued pursuant to this chapter, upon ten (10)
days notice where one or more of the following
conditions exist:
1) The license was procured by fraud or false
representation of material fact in the appli-
cation or in any report or record required to
be filed with the Clerk;
2) The building, structure, equipment or location
of the business for which the license was
issued does not comply with the requirements
or fails to meet the standards of the appli-
cable health, zoning, building, fire and
safety laws and ordinances of the State of
Washington, Snohomish County, and the City of
Edmonds, or the requirements of this chapter;
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3) The licensee or any owner, officer or agent
thereof has committed any act which is a
ground for denial of a license.
4) The licensee or his or her employee, agent,
partner, director, officer or manager has
knowingly allowed or permitted:
a) Any unlawful act of sexual intercourse,
sodomy, oral copulation, or masturbation
to be committed in or upon the dance hall
premises; or
b) The dance hall premises to be used as a
place in which unlawful solicitations for
sexual intercourse, sodomy, oral copula-
tion or masturbation occur; or
c) The possession or consumption of liquor by
persons under the age of twenty-one years,
in or upon dance hall premises; or
d) The giving or supplying of liquor to any
person under the age of twenty-one years;
or
e) The use by any person in or upon the dance
hall premises of marijuana, cocaine or any
other controlled substance (as defined in
RCW 69.50.101(d) as now exists or as here-
after amended) not prescribed by a
licensed physician for use by the person
possessing or using the substance.
B. If the Police Chief finds that any of the condi-
tions set forth in Section 4.44.070(A) of this
Chapter exist and that the existence of such
condition constitutes a threat of immediate and
serious injury or damage to person or property,
the Police Chief may immediately suspend or revoke
any license issued under this Chapter without
prior opportunity to be heard, in which event the
licensee shall be entitled to appeal the decision
to the City Council in accordance with Section
4.44.050(C) of this chapter. The notice of imme-
diate suspension or revocation of license given
pursuant to this subsection shall include the
Police Chief's findings regarding the condition
found to exist that constitutes a threat of imme-
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diate and serious injury or damage to person or
property, and shall also inform the applicant of
his right to appeal within ten (10) days of the
date of the notice by filing a written notice of
appeal which contains a statement of the reasons
for the appeal with the City Clerk.
4.44.072 Teen Dance - Age_ Restrictions.
A. No person conducting a teen dance or maintaining a
teen dance hall shall allow persons under the age
of 16 to enter or remain on the premises without
the written authorization of a parent or legal
guardian signed on the premises of and in the
presence of the licensee.
B. The licensee's hours of operation shall end at
10:00 p.m. on any evening preceding a day in which
the Edmonds Public Schools are open for general
classes and 12:00 p.m. on any other day. No
patron shall be permitted to enter or remain on
the licensee's premises after closing.
C. Every person who knowingly or recklessly allows a
person to enter or remain in violation of this
section shall be guilty of a misdemeanor. It is
the responsibility of the person conducting and/or
operating a teen dance to require identification
showing the age of each person admitted.
D. Any person under the age of 18 years who affirmatively
misrepresents his or her age to obtain admission to or
permission to remain in any teen dance in violation of
this chapter shall be guilty of a misdemeanor.
E. No person under the age of 14 years nor over the age of
20 years shall be allowed to enter or remain on the
premises, provided however, that this restriction shall
not apply to employees and agents of the licensee.
4.44.074 Teen Dance - Readmission Fee.
No person conducting or operating a teen dance or
teen dance hall shall permit any person, other
than an employee, to leave the dance or dance hall
and return unless that person pays a readmission
fee equal to, or greater than, one-half the
original price of admission.
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4.44 076 Access - Public Safety Officer -
T)i rar+-nr _
All police officers of the City of Edmonds and/or
the Chief of Police shall have free access to teen
dances and teen dance halls when a dance is being
conducted for the purpose of inspection and to
enforce compliance with the provisions of this
chapter and other applicable City, County and
State health, zoning, building, fire and safety
ordinances and laws.
4.44.078 License Limited to License and Location.
Any license issued under the provisions of this
chapter shall apply to a single licensee and to a
single location only and shall not be transferable
to other locations or to other persons.
Section 4. If any section, sentence, clause or phrase
of this ordinance should be held to be invalid or unconstitu-
tional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 5. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum and shall take effect five (5) days after
passage and publication of the attached, approved summary.
APPROVED:
L I U �qlL
MAYOR, L UGHTEN
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE T IT ATTORNEY:
BY JAI
FILED WITH THE UTY CLERK: July 8, 1986
PASSED BY THE CITY COUNCIL: July 15, 1986
PUBLISHED: July 21, 1986
EFFECTIVE DATE: July 26, 1986
ORDINANCE NO. 2572
STATE OF WASHINGTON, ss
COUNTY OF SNOHOMISH,
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
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' Ion 9. Sets an effect M',
d e o ve (5) days offer pu l�'`
cationof this summary.
The full text of this ordinance, _
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an be mailed without a wrI •to�,
anyone who submits a writterl`�
a printed copy of which is hereunto attached, was published in said
request to the City Clerk of the
City of Edmonds for a coPY.ot_
newspaper proper and not in supplement form, in the regular and
mAPPROVED by the CIN
Council at their meeting of July
entire edition of said paper on the following days and times, namely:
15, 1986. n;
JACQUELINE G.
City Clerk
Published: July 21, 1986. ..,>,
July 21, 1986
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and that said n spaper was regularly distributed to its subscribers
during all of s 'd period.
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Principal Clerk
Subscribed and sworn to before me this..................2 2 Il d
dayof .......................:.... u............... ...... ...... ...., 19...
Notary u lic in d f r the State of Washington,
residi at , vere Snohomish County.
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