Ordinance 3097K
CITY OF EDMONDS
EDMONDS, WASHINGTON
ORDINANCE NO. 3097
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING A NEW CHAPTER 4.52 TO
EDMONDS MUNICIPAL CODE ENTITLED "REGULATIONS
FOR ADULT ENTERTAINMENT FACILITIES" RELATING
TO THE REGULATION OF ADULT ENTERTAINMENT
FACILITIES AS DEFINED HEREIN, PROVIDING FOR
THE LICENSING OF SUCH BUSINESSES, FURTHER
PROVIDING STANDARDS OF CONDUCT AND OPERATION,
INCLUDING THE REGULATION OF CERTAIN PHYSICAL
FEATURES OF ADULT ENTERTAINMENT FACILITIES,
AND ESTABLISHING MISDEMEANOR OFFENSES AND
PENALTIES FOR VIOLATIONS.
WHEREAS, the City Council adopted Ordinance 3019,
establishing a six -month moratorium on adult entertainment
facilities ending October 25, 1995, with the intent to review,
and possibly revise, existing regulations, specifically based on
the secondary effects of such businesses; and
WHEREAS, on June 20, 1995, the City Council held a public
hearing, adopted findings, and approved Ordinances 3019 and 3026,
which maintained the six -month moratorium; and
WHEREAS, on October 17, 1995, the City Council held a public
hearing, adopted findings, and approved Ordinance 3049, which
extended the moratorium for a period of six (6) months, from
October 25, 1995, to April 25, 1996; and
WHEREAS, on February 20, 1996, the City Council held another
public hearing, adopted findings, and approved Ordinance 3067,
which extended the moratorium for an additional period of six (6)
months, from April 25, 1996, to October 25, 1996; and
WHEREAS, takes legislative notice of its findings and the
testimony and evidence presented by the public and City staff on
the subject of adult entertainment licensing at the prior
hearings; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose And Intent. It is the purpose of this
ordinance to regulate adult entertainment facilities and related
activities to promote health, safety, morals, and general welfare
of the citizens of the City of Edmonds, and to establish
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reasonable and uniform regulations to prevent the deleterious
location of adult entertainment facilities within the City. It
is not the intent of the City that it should be the purpose or
effect of this ordinance to impose a limitation or restriction on
the content of any communicative materials, including sexually -
oriented materials. Similarly, it is not the intent of the City
that it should be the effect of this ordinance to restrict or
deny access by adults to sexually- oriented materials protected by
the State or Federal Constitutions, or to deny access by the
distributors and exhibitors of sexually- oriented material to
their intended market. Finally, it is not the intent of the City
that it should be the purpose or effect of this ordinance to
condone or legitimize the distribution of obscene materials.
Section 2. Findings of Fact. The City Council makes the
following findings:
A. Certain conduct occurring on the premises of adult
entertainment facilities creates secondary impacts that are
detrimental to the public health, safety and general welfare of
the citizens of the City, and therefore such conduct must be
regulated as provided herein;
B. Regulation of adult entertainment facilities through
licensing is necessary because, in the absence of such
regulation, significant criminal activity has historically and
regularly occurred;
C. It is necessary to license entertainers in adult
entertainment facilities to prevent the exploitation of minors;
to ensure that each such entertainer is an adult; and to ensure
that such entertainers have not assumed a false name, which would
make regulation of the entertainer difficult or impossible;
D. The evidence supporting the need to protect minors and
families from the criminal and other unlawful activities
associated with the operation of adult entertainment facilities
is compelling. The provisions of this ordinance are necessary to
ensure that adult entertainment facilities in Edmonds are
conducted a reasonable distance away from places where minors
regularly gather;
E. It is necessary to have at least one licensed manager
on the premises of each adult entertainment facility at such
times as such establishments are offering sexually- oriented
entertainment so there will, at all necessary times, be an
individual responsible for the overall operation of the
establishment, including the actions of patrons, entertainers and
other employees;
F. The license fees required herein are nominal fees
imposed as necessary cost recoupment measures designed to help
defray the substantial expenses incurred by the City in
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regulating adult entertainment facilities and in increased police
costs in enforcement;
G. Adult entertainment facilities are increasingly
associated with ongoing prostitution, disruptive conduct and
other criminal activity. Such uses and businesses are currently
not subject to effective regulation and constitute an immediate
threat to the public peace, health and safety. The hours of
operation of such businesses have a significant impact on the
occurrence of illegal drug transactions, and other criminal
activities;
H. Due to the connection between pr,
entertainment facilities, there is concern
transmitted diseases which is a legitimate
City and thus requires regulation of adult
facilities in order to protect the health,
of the public;
Dstitution with adult
over sexually -
health concern of the
entertainment
safety and well -being
I. The City of Edmonds may rely on the experiences and
studies of other cities, counties and organizations in assessing
the need for regulation of the use, operations and licensing of
adult entertainment facilities;
J. The City takes notice of studies and experiences of
other cities and counties in combating the specific adverse
impacts of adult entertainment facilities;
K. Regulation of adult entertainment facilities should be
developed to prevent deterioration and /or degradation of the
vitality of the community before the problem exists, rather than
in response to an existing problem;
L. Increased levels of criminal activities occur in the
vicinity of adult entertainment facilities. Additionally, hidden
ownership interests for the purpose of skimming profits, avoiding
payment of taxes, and racketeering have historically occurred in
adult entertainment facilities, in the absence of regulations;
M. There are sufficient important and substantial
government interests to provide a constitutional basis for
reasonable regulation of time, place, and manner under which
adult entertainment facilities can operate;
N. In a family community, adult entertainment facilities
are not uniformly compatible with community standards, as defined
during the numerous public hearings;
O. The law enforcement resources available for responding
to problems associated with or created by adult entertainment
facilities are limited and are best conserved by regulating and
licensing adult entertainment facilities;
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P. In order to assure that all conditions, regulations,
etc. are met, the City has established a reasonable time period
for review of license applications;
Q. Regulation of adult entertainment facilities is
necessary to prevent public nuisances including moral nuisances;
R. Proximity between entertainers and patrons during adult
entertainment performance can facilitate sexual contact,
prostitution and related crimes. Concerns about crime and public
sexual activity are legitimate and compelling concerns of the
City which demand responsible reasonable regulation of adult
entertainment facilities in order to protect the public health,
safety and general welfare.
S. The City Council finds that the protection and the
preservation of the public health, safety and welfare requires
adoption of this ordinance.
Section 3. Section 5.38.110 of the Edmonds Municipal Code is
hereby repealed.
Section 4. Chapter 4.52 Regulations for Adult Entertainment
Facilities. A new Chapter 4.52 of the Edmonds Municipal Code
entitled "Regulations for Adult Entertainment Facilities," is
hereby created and shall read as follows:
Chapter 4.52 Regulations for Adult
Entertainment Facilities
Sections:
4.52.010 Purpose
4.52.020 Scope
4.52.030 Definitions
4.52.040 Prohibition
4.52.050 Regulated Uses
4.52.060 License Required
4.52.070 Investigation and Application
4.52.080 Issuance of License
4.52.090 License fees for Adult
Entertainment Facilities
4.52.100 Licenses for Managers and
Entertainers
4.52.110 Due Date for License Fees
4.52.120 Manager on Premises
4.52.130 License Nontransferable
4.52.140 License - Posting and Display
4.52.150 Specifications - Adult Cabarets and
Adult Theaters
4.52.160 Standards of Conduct and Operation
Applicable to Adult Cabarets
6.52.170 Regulations
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4.52.180 Regulations Applicable to Video
Stores Not Qualifying as Adult
Entertainment Facilities
4.52.190 Exemptions
4.52.200 License — Name of Business or Place
of Business
4.52.210 Inspections
4.52.220 Hours of Operation
4.52.230 Alcohol Prohibited
4.52.240 Barkers Prohibited
4.52.250 Record Keeping Requirements
4.52.260 Denial, Suspension or Revocation of
License, and Appeal Procedures
4.52.270 Suspension or Revocation of License
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4.52.010 Purpose. It is the intended purpose of this
chapter to recognize the importance of freedom of expression
and the benefits to a democratic society. Experience has
shown that establishments such as adult entertainment
facilities, as defined herein, present the opportunity to
engage and the high probability of engaging in activity
which is criminal and /or not protected by the Constitution,
and which is detrimental to the public health, safety and
welfare. Therefore, the licensing and operation of adult
entertainment facilities should be regulated and monitored
through the system of licensing and operating regulations
contained in this chapter.
4.52.020 Scope. This chapter is intended to apply to the
licensing and operation of all adult entertainment
facilities in the City. The location and setting of such
facilities is governed by zoning regulations contained in
the Edmonds Community Development Code.
4.52.030 Definitions.
For the purposes of this chapter, certain terms and words
are defined as follows:
A. "Adult Entertainment" shall mean:
(1) Any exhibition, performance or dance of any
type conducted in a premises where such
exhibition, performance or dance involves a person
who is unclothed or in such costume, attire or
clothing as to expose 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 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,
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anus, buttocks, vulva or genitals, or human male
genitals in a discernibly turgid state, even if
completely and opaquely covered; or
(2) Any exhibition, performance or dance of any
type conducted in a premises where such
exhibition, performance or dance is distinguished
or characterized by a predominant emphasis on the
depiction, description, simulation or relation to
the following specified sexual activities:
(a) human genitals in a state of sexual
stimulation or arousal;
(b) acts of human masturbation, sexual
intercourse or sodomy; or
(c) fondling or other erotic touching of
human genitals, pubic region, buttocks or
female breast; or
(3) Any exhibition, performance or dance intended
to sexually stimulate any patron and conducted in
a premises where such exhibition, performance or
dance is performed for, arrange 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, lap
dancing, private dancing or straddle dancing.
B. "Adult Entertainment Facilities" shall mean those
businesses defined as follows:
(1) "Adult Arcade ": an establishment containing
any individual viewing areas or booths, where, for
any form of consideration, one or more still or
motion picture projectors including a membership
fee, slide projectors, or similar machines, or
other image producing machines are used to show
films, motion pictures, video cassettes, slides,
or other photographic reproduction of specified
sexual activities or specified anatomical areas.
(2) "Adult cabaret /theater ": a nightclub, bar,
restaurant, theater or auditorium, or similar
commercial establishment, whether or not alcoholic
beverages are served, which features Adult
Entertainment.
(3) "Adult motel ": a hotel, motel, or similar
commercial establishment which:
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(a) Offers sleeping accommodation to the
public for any form of consideration and
provides patrons with closed- circuit
television transmissions, films, motion
pictures, video cassettes, slides, or other
photographic reproductions which are
characterized by the depiction or description
of specified sexual activities or specified
anatomical areas and are not rated G, PG, PG-
13, NC -13, NC -17 or R by the Motion Picture
Association of America; or the establishment
has a sign visible from the public right of
way which advertises the availability of this
adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a
rental fee period of time that is less than
ten (10) hours; or
(c) Allows a tenant or occupant of a
sleeping room to sub -rent the room for a
period of time that is less than ten (10)
hours.
(4) "Adult motion picture theater ": a commercial
establishment or drive -in theater where films,
motion pictures, video cassettes, slides, or
similar photographic reproductions characterized
by the depiction or description of specified
anatomical areas or specified sexual activities
and are not rated G, PG, PG -13, NC -13, NC -17 or R
by the Motion Picture Association of America and
are shown for any form of consideration.
(5) "Other Adult Entertainment Facility ": any
commercial premises to which any patron is invited
or admitted and where adult entertainment is
provided on a regular basis and as a substantial
part of the premises activity.
B. "Barker ": any person who is located at the
entrance of or outside of an adult entertainment
facility, and attempts to solicit business for the same
by using voice, or gestures.
C. "City ": the City of Edmonds, Washington.
D. "Director ": The City Clerk, or his /her designee.
E. "Employee ": any and all persons, including
managers, entertainers, independent contractors,
renters, lessees, or sublessees, who work in or at or
render any services directly related to the operation
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of any Adult Entertainment Facility whether or not such
person is paid compensation by the operator of said
business.
F. "Entertainer ": any person who provides live Adult
Entertainment in an Adult Entertainment facility,
whether or not they are an employee of the business and
whether or not a fee is charged or accepted for such
entertainment, and whether or not nude, semi -nude or
clothed.
G. "Establishment ": any of the following:
(1) The opening or commencement of any sexually -
oriented business as a new business; or
(2) The conversion of an existing business,
whether or not a sexually- oriented business, to
any sexually- oriented businesses defined herein;
or
(3) The addition of any of the sexually- oriented
businesses defined herein to any other existing
sexually- oriented business; or
(4) The relocation of any such sexually- oriented
business; or
(5) An existing sexually- oriented business.
H. "Expressive dance ": any dance which, when
considered in the context of the entire performance,
constitutes an expression of art, theme, story or
ideas, but excluding any dance such as, but not limited
to, common barroom type topless dancing which, when
considered in the context of the entire performance, is
presented primarily as a means of displaying nudity as
a sales device or for other commercial exploitation
without substantial expression of theme, story or
ideas, and the conduct appeals to the prurient
interest, depicts sexual conduct in a patently
offensive way and lacks serious literary, artistic,
political or scientific value.
I. "Manager ": any person who manages, directs,
administers, or is in charge of, the affairs and /or the
conduct of an adult entertainment facility.
J. "Nude or State of Nudity ": the appearance or less
than complete and opaque covering of the human anus,
male genitals, female genitals, or the areola or nipple
of the female breast. The opaque covering shall be
made of material or fabric, but shall not include any
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liquid substance, including mud, water, lotion,
whipping cream, or other such substances that are
easily broken down or removed and do not offer the
covering intended for an "opaque covering."
L. "Operator ": the owner, significant stockholder or
significant owner of interest, permit holder,
custodian, manager, or person in charge of any
permitted or licensed premises.
M. "Permitted and /or Licensed Premises ": any
premises that requires a license and /or permit and that
is classified as an adult entertainment facility.
0. " Permittee and /or Licensee ": a person in whose
name a permit and /or license to operate an adult
entertainment facility has been issued, as well as the
individual listed as an applicant on the application
for a permit and /or license.
P. "Person ": any individual, firm, joint venture,
co- partnership, association, social club, fraternal
organization, corporation, estate, trust, business
trust, receiver or any other group or combination
acting as a unit.
Q. "Semi- Nude ": a state of dress
completely and opaquely covers only
region, and areola and nipple of the
well as portions of the body covered
straps or devices.
R. "Specified anatomical areas ":
following:
in which clothing
the genitals, pubic
female breast, as
by supporting
any of the
(1) Less than completely and opaquely covered
human genitals, pubic region, anus, or areola of
the female breasts or any artificial depiction of
the same; or
(2) Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
S. "Specified criminal activities ": any conviction
for acts which are sexual crimes against children,
sexual abuse, rape, or distribution of obscenity or
erotic material to minors, prostitution, pandering, or
racketeering.
T. "Specified sexual activity ": shall mean and
include any of the following:
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(1) The fondling or other intentional touching of
human genitals, pubic region, buttocks, anus, or
female breasts; or
(2) Sex acts, normal or perverted, actual or
simulated, including intercourse, oral copulation,
or sodomy; or
(3) Masturbation, actual or simulated; or
(4) Human genitals or artificial depictions of
the same in a state of sexual stimulation, arousal
or tumescence; or
(5) Excretory functions as part of or in
connection with any of the activities set forth in
subdivisions 1 through 4 of this subsection.
U. "Transfer of Ownership or Control" of an Adult
Entertainment Facility shall mean and include any of
the following:
(1) The sale, lease, or sublease of the business,
or substantially all of the assets of the
business; or
(2) The transfer of securities which constitute a
controlling interest in the business, whether by
sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other
similar legal device which transfers the ownership
or control of the business, except for transfer by
bequest or other operation of law upon the death
of a person possessing the ownership or control.
4.52.040 Prohibition. A person shall not use any property
or premises for an adult entertainment facility within the
City of Edmonds, except as allowed in this chapter and in
the Edmonds Community Development Code.
4.52.050 Regulated Uses. All adult entertainment
facilities are subject to the provisions of the Community
Development Code and the regulations contained in this
chapter.
4.52.060 License Required.
A. It shall
entertainment
entertainment
the particular
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be unlawful to operate an adult
facility without a valid adult
facility license, issued by the City for
type of business to be conducted.
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B. The City Clerk, or his /her designee, is
responsible for granting, denying, revoking, renewing,
suspending, and canceling adult entertainment facility
permits and related licenses. The Director of the
Department of Planning or his /her designee are
responsible for ascertaining whether a proposed adult
entertainment facility for which a permit and /or
license is being applied for complies with all
requirements enumerated herein and all other applicable
zoning laws and /or regulations.
C. An application for an adult entertainment facility
permit shall be made on a form provided by the City.
D. The completed application shall contain the
following information and shall be accompanied by the
following documents:
(1) If the applicant is:
(a) An individual /sole proprietor, the
individual /owner shall state his /her legal
name and any aliases, stage names, or
previous names, date of birth, social
security number and submit satisfactory proof
that he /she is eighteen (18) years of age or
older.
(b) A partnership, the partnership shall
state its complete name, and the legal names
of all partners, including their dates of
birth, social security numbers, and whether
the partnership is general or limited, and a
copy of the partnership agreement, if any.
(c) A corporation, including a limited
liability organization, the corporation shall
state its complete name, the date of its
incorporation, evidence that the corporation
is in good standing under the laws of the
State of Washington, the legal names, dates
of birth, social security numbers of all
directors, or principal stockholders, and the
capacity of all officers, directors and
principal stockholders; the name of the
registered corporate agent, and the address
of the registered office for service of
process.
(d) As a part of the application process,
each officer, director, or principal
stockholder, as defined above, shall provide
the City Clerk /Treasurer with an affidavit
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attesting to their identity and relationship
to the corporation. Principal stockholder
shall mean those persons who own ten percent
(10 %) or greater interest in the adult
entertainment facility.
(2) Whether the applicant or any other
individuals listed pursuant to Subsection D.(1)
(a), (b) and (c) above within a four (4) year
period immediately preceding the date of the
application has been convicted of a crime and, if
so, the specific criminal act involved, the date
of conviction and the place of conviction.
(3) Whether the applicant or any of the other
individuals listed pursuant to this Section has,
within the last four (4) years, had a previous
permit or license under this ordinance or other
similar ordinances from another city or county
denied, suspended, or revoked, including the name
and location of the adult entertainment facility,
including an adult entertainment facility for
which the permit or license was denied, suspended,
or revoked, the entity denying the same, as well
as the date of the denial, suspension, or
revocation.
(4) Whether the applicant or any other entity
listed pursuant to this Section holds any other
permits and /or licenses under this chapter, or
other similar adult entertainment facility,
including a sexually- oriented business license
from another city or county and, if so, the names
and locations of such other permitted businesses.
(5) The single classification of license for
which the applicant is filing.
(6) The location of the proposed adult
entertainment facility, including a legal
description of the property, street address, and
telephone number(s), if any.
(7) The applicant's mailing address and
residential address.
(8) Two (2) two -inch by two -inch color
photographs of the applicant, including any
corporate applicants, taken within six (6) months
of the date of the application, showing only the
full face of the same. The photographs shall be
provided at the applicant's expense. The license,
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when issued, shall have affixed to it one such
photograph of the applicant.
(9) The applicant and /or each corporate
applicant's driver's license number, Social
Security Number, and or his /her state or federally
issued tax identification number.
(10) Each application shall be accompanied by a
complete set of fingerprints of each person
required to be a party to the application,
including all corporate applicants as defined
above, utilizing fingerprint forms as prescribed
by the Chief of Police or his /her designee.
(11) In the case of all adult entertainment
facilities, a sketch or diagram showing the
configuration of the premises, including a
statement of total floor space occupied by the
business. The sketch or diagram must be
professionally prepared and accepted by the City,
and it must be drawn to a designated scale or
drawn with marked dimensions of the interior of
the premises to an accuracy of plus or minus six
(6) inches.
(12) Applicants for a permit and /or license under
this ordinance shall have a continuing duty to
promptly supplement application information
required in the event that said information
changes in any way from what is stated on the
application. The failure to comply with said
continuing duty within thirty (30) days from the
date of such change by supplementing the
application on file with the City Clerk or his /her
designee, shall be grounds for suspension of a
permit and /or license.
(13) In the event the City Clerk or his /her
designee determines or learns at any time that the
applicant has improperly completed the application
for a proposed adult entertainment facility permit
or license, he /she shall promptly notify the
applicant of such fact and allow the applicant ten
(10) days to properly complete the application.
(The time period for granting or denying a permit
shall be stayed during the period in which the
applicant is allowed an opportunity to properly
complete the application).
(14) The applicant must be qualified according to
the provisions of this Section, and the premises
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must be inspected and found to be in compliance
with health, fire, and building codes of the City.
(15) The applicant shall be required to pay a
preliminary non - refundable processing fee
established by resolution at the time of filing an
application under this Section. Note: This is a
processing fee. License fees shall also be
required in the event the application is approved.
(16) The fact that a person possesses other types
of state or City permits and /or licenses does not
exempt him /her from the requirement of obtaining a
adult entertainment facility permit.
(17) The application form for licenses and permits
issued under this ordinance shall contain a
provision providing that under penalty of perjury
the applicant verifies that the information
contained therein is true to the best of his /her
knowledge.
4.52.070 Investigation and Application.
A. Upon receipt of an application properly filed with
the City Clerk, and upon payment of the non - refundable
processing fee, the City Clerk or his /her designee
shall immediately stamp the application as received and
shall immediately thereafter send photocopies of the
application to other City departments or other agencies
responsible for enforcement of health, fire, criminal
and building codes and laws. Each department or agency
shall promptly conduct an investigation of the
application and the proposed adult entertainment
facility. Said investigation shall be completed within
twenty (20) days of receipt of the application by the
City Clerk or his /her designee, unless circumstances
support extending the investigation. If the
investigation is extended, the City shall inform the
applicant of the extension and the reason. The
extension shall be for no longer than ten (10)
additional days from the original expiration of the
twenty (20) day time period stated above. At the
conclusion of its investigation, each department or
agency shall indicate on the photocopy of the
application its recommendation as to approval or
disapproval of the application, date it, sign it, and
in the event it recommends disapproval, state the
specific reasons therefor, citing applicable laws or
regulations.
B. A department or agency shall recommend disapproval
of an application if it finds that the proposed adult
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entertainment facility will be in violation of any
provision of any statute, code, ordinance, regulation,
or other law in effect in the City, or if the applicant
does not meet the conditions as specified in this
chapter. After its indication of approval or
disapproval, each department or agency shall
immediately return the photocopy of the application to
the City Clerk or his /her designee.
4.52.080 Issuance of License.
A. The City Clerk or his /her designee shall grant or
deny an application for a license within sixty (60)
days from the date of its proper filing unless the City
or applicant establishes a good reason for up to a ten
(10) day extension as provided above.
B. Grant of Application for License:
(1) The City Clerk or his /her designee shall
grant the application unless one or more of the
criteria set forth in Subsection C below (Denial
of Application for License) is present.
(2) The license, if granted, shall state on its
face the name of the person or persons to whom it
is granted, the expiration date, and the address
of the adult entertainment facility. The license
shall be posted in a conspicuous place, at or near
the entrance to the adult entertainment facility
so that it can be easily read at any time. The
license shall be valid until the end of the year.
C. Denial of Application for License: The City Clerk
or his /her designee shall deny the application for any
of the following reasons:
(1) An applicant is under eighteen (18) years of
age or will be employing a person under eighteen
(18) years of age.
(2) An applicant is overdue on his /her payment to
the City of taxes, fees, fines, assessments, or
penalties assessed against him /her or imposed upon
him /her in relation to an adult entertainment
facility.
(3) An applicant has failed to provide
information required by this Section or the
application for the issuance of the license, or
has falsely answered a question or request for
information on the application form.
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(4) The applicant has failed to comply with any
provision or requirement of this chapter.
(5) The applicant has failed to comply with any
City codes or zoning regulations, or other state
or federal regulations or court order applicable
to an adult entertainment facility.
(6) The applicant has been convicted of a felony
involving adult entertainment businesses
including, but not limited to, prostitution,
promoting prostitution, and /or possession of
controlled substances as that term is defined in
Chapter 69.50 RCW, within the last ten years.
4.52.090 License fees_for Adult Entertainment Facilities.
A. The annual fee for an adult entertainment facility
license covering an adult cabaret shall be established
by resolution. The amount shall be used for the cost
of administration and enforcement of this chapter. Any
adult cabaret must meet all of the requirements for an
adult entertainment facility license as set forth
above, and comply with the licensing procedures and
requirements set out in Sections 4.52.060 through
4.52.080.
B. The annual license fee for all other adult
entertainment facilities shall be established by
resolution. The amount shall be used for the cost of
administration and enforcement of this ordinance.
C. The above - referenced licenses expire annually on
December 31 and must be renewed by January 1. They
shall not be prorated.
E. The applicant must be 18 years of age or older.
4.52.100 Licenses for Managers and Entertainers:
A. No person shall work as a manager or entertainer
at any adult entertainment facility without having
first obtained the appropriate entertainer's or
manager's license from the City Clerk. Each such
applicant shall not be required to obtain an adult
entertainment facility license, but shall complete an
application containing the information identified in
Subsection 4.52.060 D. above and comply with the same
requirements and procedures as set forth in Sections
4.52.060 through Section 4.52.080. A non - refundable
processing fee established by resolution shall
accompany the application.
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B. It is unlawful for any entertainer, employee or
operator to knowingly work in or about or knowingly
perform any service directly related to the operation
of an unlicensed adult entertainment facility.
C. The annual fee for such a license shall be
established by resolution. The amount shall be used
for the cost of administration and enforcement of this
ordinance.
D. This license expires annually on December 31 is
not to be prorated, and must be renewed by January 1.
E. The applicant must be 18 years of age or older.
4.52.110 Due Date for License Fees. All licenses required
in this ordinance must be issued and the applicable fees
paid to the City Clerk at least fourteen (14) calendar days
before commencing work at an adult entertainment facility,
and on an annual basis as described above.
4.52.120 Manager on Premises.
A. A licensed manager shall be on duty at an adult
entertainment facility at all times, whether the
business provides live or other performances.
B. The licensed manager on duty shall not be an
entertainer.
C. It shall be the responsibility of the manager to
verify that any entertainer who works or appears within
the premises possesses a current and valid
entertainer's license posted in the manner required by
this ordinance.
D. The manager shall not knowingly allow a violation
of this code to continue or exist at the facility.
E. There shall be one manager on duty for every stage
operating on the premises.
4.52.130 License Nontransferable. No license or permit
issued pursuant to this ordinance shall be transferable. A
new adult entertainment facility license shall be required
if there is a transfer of ownership or control of the adult
entertainment facility.
4.52.140 License - Posting and Display.
A. Every manager or entertainer shall post his /her
license in his /her work area so that it is readily
available for public inspection.
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B. Every person, corporation, partnership, or
association licensed under this chapter shall display
its license in a prominent place within the
establishment. In the case of adult cabarets, the name
of the manager on duty shall be prominently posted
during business hours.
4.52.150 Specifications - Adult Cabarets and Adult
Theaters.
A. Separation of Adult Entertainment Performance
Area: The portion of adult cabaret, adult theater or
any other adult entertainment facility in which live
adult entertainment is performed shall be a stage or
platform at least twenty -four (24) inches in elevation
above the level of the patron seating areas, and shall
be separated by a distance of at least six (6) feet
from all areas of the premises to which patrons have
access. A continuous fixed barrier railing, of
sufficient construction to prevent encroachment by
patrons into the performance area, at least three (3)
feet in height and located at least six (6) feet from
all points of the live adult entertainment performance
area, shall separate the performance area and the
patron areas.
B. Lighting: Sufficient lighting shall be provided
and equally distributed in and about the parts of the
premises which are open to and used by patrons so that
all objects are plainly visible at all times, and so
that on any part of the premises which are open to and
used by 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.
C. Submittal of Plans: Building plans and lighting
calculations showing conformance with the requirements
of this Section shall be included with any license
application for an adult entertainment facility that
features an adult cabaret or adult theater. Building
plans must be in compliance with all building, planning
and other applicable state, local and federal
regulations.
4.52.160 Standards of Conduct and Operation Applicable to
Adult Entertainment Facilities.
A. Standards for Patrons, Employees and Entertainers:
The following standards of conduct must be adhered to
by patrons, entertainers and /or employees of adult
entertainment facilities at all times live performances
are provided.
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(1) No employee or entertainer may appear nude or
semi -nude on any part of the premises open to view
of members of the public, except in the
entertainment performance area or stage described
in Subsection 4.52.150(A) and removed at least six
feet from the nearest patron.
(2) No patron or customer shall go into or upon
the live adult entertainment performance area
described in Subsection 4.52.150 A. above.
(3) No member of the public or employee or
entertainer shall allow, encourage, or knowingly
permit any person upon the premises to touch,
caress, or fondle the breasts, buttocks, anus,
pubic area, or genitals of themselves or another,
whether or not the person(s) are clothed.
(4) No member of the public or employee or
entertainer shall allow, encourage, or permit
physical contact between an employee or
entertainer and any member of the public, whether
or not the person(s) are clothed.
(5) No employee or entertainer shall perform acts
of or acts which simulate:
(a) Sexual intercourse, masturbation,
bestiality, sodomy, oral copulation,
flagellation, or any sexual acts the
performance of which are prohibited by law;
or
(b) The touching, caressing, or fondling of
the breasts, buttocks, pubic area, or
genitals.
(6) No employee or entertainer shall use
artificial devices or inanimate objects to depict
any of the prohibited activities described in this
subsection.
(7) No entertainer shall be visible from any
public place outside the premises during the
actual or apparent hours of his /her employment or
performance on the premises.
(8) No entertainer or other employee employed or
otherwise working at an adult entertainment
facility shall solicit, demand, accept, or receive
either directly or indirectly any gratuity or
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other payment from a patron, customer, or member
of the public except an initial entrance fee.
(9) It is unlawful for any manager, entertainer,
or wait person to perform more than one such
function at an adult cabaret on the same business
day.
(10) No employee or entertainer mingling with
patrons shall be unclothed or in less than opaque
and complete attire, costume or clothing so as to
expose to 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,
nor shall any male employee or entertainer at any
time appear with his genitals in a discrinably
turgid state, even if completely or opaquely
covered, or wear or use any device or covering
which simulates the same.
(11) No employee or entertainer shall sit on a
patron's lap or separate a patron's legs.
(12) When not performing, entertainers are
prohibited from being present in areas of the
establishment that are open to the patrons of the
establishment. This shall be only during working
hours. Entertainers are required to use separate
restroom facilities.
(13) At least two signs, in English, of sufficient
size to be readable with 20/20 vision at twenty
(20) feet shall be conspicuously displayed in the
public area of the establishment stating the
following:
THIS ADULT CABARET OR ADULT THEATER
IS REGULATED BY THE CITY OF
EDMONDS. ENTERTAINERS ARE:
(a) Not permitted to engage in any
type of sexual conduct;
(b) Not permitted to appear nude
except on stage;
(c) Not permitted to appear semi-
nude or clothed and dance or model,
except on stage;
(d) Not permitted to dance or
model except on stage;
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(e) Not permitted to accept tips or
gratuities in advance of their performance.
(13) No employee or entertainer mingling with
patrons shall conduct any dance, performance or
exhibition in or about the non -state area of the
adult entertainment establishment unless that
dance, performance or exhibition is performed at a
torso -to -torso distance of no less than four (4)
feet from the patron or patrons for whom dance,
performance or exhibition is performed.
(14) No tip or gratuity offered to or accepted by
an adult entertainer may be offered or accepted
prior to any performance, dance or exhibition
provided by the entertainer. No entertainer
performing upon any state area shall be permitted
to accept any form of gratuity offered directly to
the entertainer by any patron. Any gratuity
offered to any entertainer performing upon any
stage area must be placed into a receptacle
provided for receipt of gratuities by and adult
entertainment establishment or provided through a
manager on duty on the premises. Any gratuity or
tip offered to any adult entertainer conducting
any performance, dance or exhibition in or about
the non -stage area of the adult entertainment
establishment or into a receptacle provided by the
adult entertainer, and no upon the person or into
the clothing of the adult entertainer.
(15) There must be at least one manager, not an
entertainer, on duty and situated in any public
area at all times that any patron, member or
customer is present inside the premises.
(16) Doors to areas on the premises which are
available for use by persons other than the owner,
manager, operator or their agents or employees may
not be locked during business hours.
(17) No person may operate or maintain any warning
system or devise, of any nature or kind, for the
purpose of warning or aiding and abetting the
warning of patrons, members, customers or any
other persons that police officers or health, fire
or building inspectors are approaching or have
entered the premises.
B. Standards for Owner or Operator of Adult
Entertainment Facilities: At any adult entertainment
facility where live performances are provided:
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(1) Admission must be restricted to persons of
the age of eighteen (18) years or more pursuant to
RCW 9.10A.150; and the identification of all
patrons must be checked by the employees of the
premises.
(2) Sufficient lighting shall be provided in or
about the parts of the premises which are open to
and used by the public so that all objects are
plainly visible at all times, and allows for the
reading of a program, menu, or list printed in 8
point type by the human eye with 20/20 vision from
two feet away.
4.52.170 Regulations. All adult entertainment facilities
allowing customers' viewing of depictions of human nudity
and /or sexual conduct of any nature, including depictions of
specified sexual activities, shall comply with the following
regulations:
A. Construction /Maintenance:
(1) All viewing areas within the adult
entertainment premises shall each be visible from
a manager's station and shall not be obscured by
any curtain, door, wall or other enclosure. As
used in this section "viewing area" means the area
where a patron or customer would be positioned
while watching a film, video or other viewing
device.
(2) All areas shall be maintained in a clean and
sanitary condition at all times with sufficient
lighting so that all objects are plainly visible
at all times or listed print in 8 -point type will
be readable by the human eye with 20/20 vision
from two (2) feet away.
(3) Restrooms may not contain video reproduction
equipment.
(4) No steps or risers are allowed in any adult
arcade booth or station.
(5) No adult arcade station or booth shall have
more than one stool type seat. In order to
prevent obscuring the occupant of an adult arcade
station or booth from view, no stool for seating
within an adult arcade station or booth shall have
any seat back or sides.
(6) All ventilation devices between the adult
arcade booths must be covered by a permanently
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affixed ventilation cover. ventilation holes may
only be located one foot from the top of the booth
walls or one foot from the bottom of the booth
walls. There may not be any other holes or
openings ( "Glory Holes," etc.) in the booths.
(7) Only one person may occupy a booth, station,
etc. at any given time.
(8) No person may operate any kind of warning
device or system for the purpose of warning or
aiding or abetting the warning of any patron,
employee or other persons that the police, health,
fire or building inspector or other public
officials are approaching or entering the
premises.
(9) The licensee shall not permit any doors to
public areas on the premises to be locked during
business hours, in violation of the applicable
provisions of the Edmonds Building Code, Uniform
Fire Code, and National Fire Protection
Association Code.
(10) No person under 18 years of age shall be
permitted in such premises. The employees shall
check identification of all who enter.
B. Unlawful Conduct: The following conduct or
activity is unlawful:
(1) Masturbation or sexual activity of any kind
in viewing booths /stations, etc.
(2) More than one (1) person in a viewing booth
at any given time.
(3) Physical contact between patrons and
employees.
(4) For the owner or manager to knowingly allow
any of the disallowed conduct.
(5) Non - compliance with any other regulations set
forth in this chapter.
C. Signs:
(1) At least two signs shall be conspicuously and
permanently posted on the premises in readable
English type from ten (10) feet away, advising
customers using viewing booths that:
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a. Masturbation in such booths is
prohibited and unlawful.
b. That it is unlawful for more than one
(1) person to occupy a viewing booth at any
time.
C. There shall be no physical contact
between patrons and employees.
d. Violations are subject to criminal
prosecution.
4.52.180 Regulations Applicable to Video Stores Not
Qualifying as Adult Entertainment Facilities. Video stores
that sell or otherwise distribute films, motion pictures,
video cassettes, slides, or other visual representations
which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas,
and less than twenty -five percent (25 %) of their revenues,
inventory or floor space, whichever is greater, includes
such items, shall be subject to state regulations, and the
following:
A. All such items as are described above shall be
physically segregated and closed off from other
portions of the store such that these items are not
visible and /or accessible from other portions of the
store.
B. No advertising for such items shall be posted or
otherwise visible, except where such items are
authorized by law for display.
C. Signs, in English, readable with 20/20 vision at a
distance of 20 feet shall be posted at the entrance to
the area where such items are displayed stating that
persons under the age of eighteen (18) are not allowed
access to the area where "erotic" items as defined by
state statute and /or court order are displayed.
D. The manager or attendant shall take reasonable
steps to monitor the area where such "erotic" items are
displayed to ensure that persons under eighteen (18)
years of age do not access the age- restricted area.
E. Rental or sale of obscene material (as defined
herein) shall be considered a moral nuisance, and
subject to abatement pursuant to this ordinance and RCW
7.48.058.
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F. Employees of such video stores shall check
identification for the age of all persons renting or
purchasing such "erotic" items.
G. The store shall not employ anyone under eighteen
(18) if the store sells or otherwise distributes films,
motion pictures, video cassettes, slides, or other
visual representations which are characterized by the
depiction or description of specified sexual activities
or specified anatomical areas.
4.52.190 Exemptions. This ordinance shall not be
construed to apply to:
A. Expressive dance as defined in Subsection
4.52.030;
B. Play, opera, musical or other dramatic work;
C. Class, seminar, or lecture, conducted for a
scientific or educational purpose;
D. Nudity within a locker room or other similar
facility used for changing clothing in connection with
athletic or exercise activities.
4.52.200 License - Name of Business or Place of Business.
No person granted a permit and /or license pursuant to this
ordinance shall operate an adult entertainment facility
under a name not specified in his /her license, nor shall
he /she conduct business under any designation or at a
location not specified in his /her permit and /or license.
4.52.210 Inspections.
A. All books and records required to be kept pursuant
to this ordinance shall be open to inspection by the
Chief of Police or designee of the City of Edmonds
during the hours when the licensed premises is open for
business. The purpose of such inspection shall be to
determine if the books and records meet the
requirements of this ordinance.
B. The licensed premises shall be (as an implied
condition of receiving an adult entertainment facility
license) open to inspection by the City's Chief of
Police, fire or health officials, or their designees
during the hours when the adult entertainment facility
is open for business. The purpose of such inspection
shall be to determine if the licensed premises is
operated in accordance with the requirements of this
chapter. It is hereby expressly declared that
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CAM/130356.1/0006.90000
unannounced inspections are necessary to ensure
compliance with this chapter.
4.52.220 Hours of Operation. It is unlawful for any adult
entertainment facility, except adult motels, to be
conducted, operated, or otherwise open to the public between
the hours of twelve midnight (12:00 a.m.) and eight a.m.
(8:00 a.m.).
4.52.230 Alcohol Prohibited. Alcoholic beverages are
prohibited from being served or present at any business
subject to regulation under this chapter.
4.52.240 Barkers Prohibited. The use of "Barkers" as
defined herein by any adult entertainment facility shall be
prohibited.
4.52.250 Record Keeping Requirements.
A. Within thirty (30) days following each calendar
quarter, each adult entertainment facility licensee
shall file with the City Clerk a verified report
showing the licensee's gross receipts and amounts paid
to entertainers, models, or escorts, if applicable, for
the preceding calendar year.
B. Each adult entertainment facility
maintain and retain for a period of tw,
the date of termination of employment,
addresses, social security numbers and
persons employed or otherwise retained
models, and escorts by the licensee.
licensee shall
D ( 2 ) years from
the names,
ages of all
as entertainers,
4.52.260 Denial, Suspension or Revocation of License, and
Appeal Procedures.
A. When the City Clerk refuses to grant a license or
permit, or revokes the same, he /she shall notify the
applicant in writing of the same, describing the
reasons therefore, and shall inform the applicant of
his right to appeal to the City Council within ten (10)
days of the date of the written notice by filing a
written notice of appeal with the City Clerk containing
a statement of the specific reasons for the appeal and
a statement of the relief requested.
B. Whenever the City Clerk has found or determined
that any violation of this ordinance has occurred,
he /she shall issue a Notice of Violation and Suspension
or Revocation ( "Notice ") to the licensee or permit
holder. In addition, the City Clerk shall issue a
Notice of Suspension or Revocation to the licensee or
permit holder under the following circumstances:
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(1) Where such license was obtained by fraud or
false representation of fact;
(2) For the violation of, or failure to comply
with, the provisions of this chapter or any other
similar local or state law by the licensee or by
any of its agents, employees or representatives;
when the licensee knew or should have known of the
violations committed by its agents, employees or
representatives;
(3) For the conviction of the licensee of any
crime or offense involving prostitution, promoting
prostitution or transactions involving controlled
substances (as that term is defined in chapter
69.50 RCW) committed on the premises, or the
conviction of the licensee's employees, agents or
representatives of any crime or offense involving
prostitution, or transactions involving controlled
substances (as that term is defined in Chapter
69.50 RCW) committed on the licensed premises.
C. The Notice shall include the following:
(1) Name(s) of person(s) involved.
(2) Description of the violation(s), including
date and section of this ordinance violated.
(3) Description of the administrative action
taken.
(4) Rights of appeal as set forth above.
The Notice shall be served either personally or by
mailing a copy of the Notice by certified mail, postage
prepaid, return receipt requested, to the licensee at
his or her last known address. Proof of service shall
be made at the time of service by a written declaration
under penalty of perjury, executed by the person
effecting the service, declaring the time, date, and
the manner by which service was made. The decision may
be appealed to the City Council if request for appeal
is properly filed with the City Clerk within ten (10)
calendar days of receipt of the notice. Said request
shall be in writing, state specific reasons for the
appeal, and the relief requested.
C. The suspension or revocation of a license shall be
effective at the end of the expiration of any appeal
period, unless there is a written request for an appeal
properly filed by the licensee. If there is an appeal
so requested, then the revocation or suspension shall
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be stayed pending the outcome of the appeal. This
effective date of suspension shall not apply to any
fire code violation or building code violation deemed
by the appropriate officials to be a serious risk to
health and welfare.
D. Within ten (10) working days of receiving a timely
appeal, the City Clerk shall forward the administrative
record of the licensing decision to the City Council.
E. When an applicant has appealed the City Clerk
decision according to the stipulations herein, the City
Council shall review the administrative record as soon
as possible, but no later than thirty (30) working days
after the City receives the appeal. Written notice of
the date, time, and place of the scheduled meeting will
be given to the applicant by the City Clerk by mailing
the same, postage prepaid, to the applicant at the
address shown on the license or permit application, at
least five (5) days prior to the meeting.
F. If the licensee appeals the Notice to the City
Council, the licensee shall be afforded a reasonable
opportunity to be heard as to the violation and action
taken. The applicant and City Clerk or his
representative shall be given an opportunity to argue
the merits of the appeal before the City Council. Oral
argument by each party shall not exceed ten (10)
minutes and shall be limited to the administrative
record before the Council.
G. The City Council shall uphold the City Clerk's
decision unless it finds the decision is not supported
by evidence in the administrative record.
H. The City Council shall issue a written decision
within ten (10) working days of hearing the appeal.
The Council may uphold the City Clerk's decision and
deny the permit, overrule the City Clerk's decision and
grant the permit, or remand the matter to the City
Clerk for further review and action. The City Clerk
shall complete further action or review within thirty
(30) working days of receiving any remand.
I. Decision by the City Council shall constitute
final administrative review. The applicant shall be
responsible for the cost of any preparation of the
record for appeal.
J. Either party may seek judicial review of a final
decision of the City Council as provided by law.
4.52.270 Suspension or Revocation of License - Duration.
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A. The City shall suspend any license as required by
this chapter for a period of ninety (90) days upon the
licensee's first violation of this chapter.
B. The City shall suspend any license required by
this ordinance for a period of one - hundred eighty (180)
days upon the licensee's second violation of this
chapter.
C. The City shall revoke any license required by this
ordinance for a period of two (2) years upon the
licensee's third, or any subsequent, violation of this
chapter.
D. Notwithstanding the other provisions of this
ordinance, the City shall revoke or deny the renewal of
any license required by this ordinance for two (2)
years if the licensee has made any false or misleading
statements or misrepresentations to the City.
E. Application for a new license may be made
following the expiration of the applicable revocation
period.
Section 6. Limitations Of Liability: None of the provisions
of this ordinance are intended to create a cause of action or
provide the basis for a claim against the City, its officials, or
employees for the performance or the failure to perform a duty or
obligation running to a specific individual or specific
individuals. Any duty or obligation created herein is intended
to be a general duty or obligation running in favor of the
general public.
Section 7. Penalties For Violation: Any person violating any
provision(s) of this ordinance shall be guilty of a misdemeanor.
Any person convicted of such a violation shall be punished by a
fine of not more than one thousand dollars ($1,000) or a jail
term of not more than ninety (90) days, or both. Each such
person is guilty of a separate misdemeanor for each and every day
which any violation of this ordinance is committed, continued, or
permitted by any such person and said person shall be punished
accordingly. Any persons violating any of the provisions of this
ordinance shall also be subject to license suspension or
revocation and nuisance abatement as set forth herein.
Section 8. Public Nuisance /Injunctions: Any adult
entertainment facility in violation of this ordinance shall be
deemed a public nuisance, which, in addition to all other
remedies, may be abated by injunctive relief.
Section 9. Severability: If any portion of this ordinance as
now or hereafter amended, or its application to any person or
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circumstance is held invalid or unconstitutional, such
adjudication shall not affect the validity of the ordinance as a
whole, or any section, provision, or part thereof not adjudged to
be invalid or unconstitutional, and its application to other
persons or circumstances shall not be affected. Any ordinance or
regulation in conflict with this ordinance is hereby repealed.
Section 10. Effective Date. This ordinance being an exercise
of authority specifically delegated to the City shall be
published in the official newspaper of the City, and shall take
effect and be in full force five (5) days after publication.
Approved by the Mayor of the City of Edmonds the
4th day of June , 1996.
APPROVED:
MAYOR, BARBARA S. FAA EY
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFI E CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 06/04/96
PASSED BY THE CITY COUNCIL: 06/04/96
PUBLISHED: 06/09/96
EFFECTIVE DATE: 06/14/96
ORDINANCE NO. 3097
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CAM/130356.1/0006.90000
SUMMARY OF ORDINANCE NO. 3097
of the City of Edmonds, Washington
On the 4th day of June , 199 6 , the City
Council of the City of Edmonds, passed Ordinance No.
3097 • A summary of the content of said ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING A NEW
CHAPTER 4.52 TO EDMONDS MUNICIPAL CODE ENTITLED "REGULATIONS FOR
ADULT ENTERTAINMENT FACILITIES" RELATING TO THE REGULATION OF
ADULT ENTERTAINMENT FACILITIES AS DEFINED HEREIN, PROVIDING FOR
THE LICENSING OF SUCH BUSINESSES, FURTHER PROVIDING STANDARDS OF
CONDUCT AND OPERATION, INCLUDING THE REGULATION OF CERTAIN
PHYSICAL FEATURES OF ADULT ENTERTAINMENT FACILITIES, AND
ESTABLISHING MISDEMEANOR OFFENSES AND PENALTIES FOR THE VIOLATION
OF SUCH REGULATIONS, AS MORE PARTICULARLY SET FORTH HEREIN.
request.
The full text of this Ordinance will be mailed upon
DATED this 6th— day of June , 199 6
",d� <�
CITY CLERK, SANDRA S. CHASE
RECEIVED
Affidavit of Publication JUN 1 31996
EDMONDS CITY CLERK
STATE OF WASHINGTON,
COUNTY OF SNOHOZVISH.
ss
SUMMARY O F
ORDINANCE NO. 3097
of the City of
Edmonds Washington
On the 416 day of June.,
The undersigned, being first duly sworn on oath deposes and says
3996, the City Council of the
PA mery �'
dinance Nom 3097. su
of the content of said ordi-
that she is Principal Clerk of THE HERALD, a daily newspaper
nance consisting of the title.
Provides as follows:
printed and published in the City of Everett, County of Snohomish,
CITY OFDIEDMONDS WASH
INGTON, ADDING A NEW
and State of Washington; that said newspaper is a newspaper of
CHAPTER 4.52 TO EDMONDS
MUNICIPAL L CODE ENTITLED
general circulation in said County and State; that said newspaper
ENTERTAINMENT FACILI -!
,TIES' RELATING TO THEj
has been approved as a legal newspaper by order of the Superior
REGULATION OF AD LT EN-
AS DEFINED ENT F ILITIES
Court of Snohomish Count and that the notice ....................
y
f VIDI OR THEL I NSING
OF SUCH BUSINESSES
FURTHER PROVIDING
City Of Edmonds
y
AND OPERATION CINCLUD?
ING THE REGULATION OF;
CERTAIN
URES OFPADUI ADULT ENTER-1
Ordinance 3097
TAINMENT FACILITIES, AND I
............ °- -- ° .............. ............... -----........... ............................... ........................................................
ull text of this{
will be mailed upon a printed copy of which is hereunto attached, was published in said
this 6th day of.June,� newspaper proper and not in supplement form, in the regular and
,RA S. CHASE
:I June 9. t996- - entire edition of said paper on the following days and times, namely:
June 9, 1996
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.......................................................................................,-----------. .................-------- - - *... and �tha said newspaper was regul rl \ribute to its subscribers
duri \fig of said period.
I ---
(/ Principal Clerk
11th
Subscribed and sworn to before me this---------------------- - - - - --
day.......Jun ... -d ................... ..... . . ..... 19.....96
- - - --_ - -- _ ------•--•-----------------------
otary Public in and for th Sta a of Washington,
residing at Everett, Snoho 's ounty.
..tNSS10M -_ �.c�
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k0F PU a Lt,G 2
S 38.98 �� V WAS'���
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