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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 - 3 - (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 - 4 - 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; - 5 - 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- - 6 - 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. - 7 - 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 ........................................ _. 0 1 Amends bection 1, C. eEC ...... il?TIAi- -r ---d- ....b:r.C1. ,11.yi..I1C.....N�-`-----?............................................ e i 2msection I' o WAdds anew Chapter ecti .. 1.e lanceHalls". .b "% c au a Contains odse �r,,. S� �.:5:1• 0Pd" •----......-•...................................................•-................................................................... bi Se ' Ion 9. Sets an effect M', d e o ve (5) days offer pu l�'` cationof this summary. The full text of this ordinance, _ ..----•.......................••-•--------•---•----......---------------................---•-----..................................... 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 ...................................................................................................................................... ......................................................... •. •...................--------............................................... and that said n spaper was regularly distributed to its subscribers during all of s 'd period. ...!.:...�..,.U...:....�.....:................................................... 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. B - 2 - I