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Ordinance 1762ORDINANCE NO. 1762 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 4.48 OF THE EDMONDS CITY CODE, REGULATING THE LICENSING AND OPERATION OF CABARET DANCES. . WHEREAS, the City Council of the City of Edmonds, Washington, has determined that it is in the best interest of the public health, safety and general welfare to regulate cabaret dances and provide for such regulation by a system of licensing, now, therefore, THE CITY COUNCIL -OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 4.48.030 of the Edmonds City Code is hereby amended to read as follows: "4.48.030 License Application and Issuance. Any person, firm, corporation or other entity desiring a cabaret license shall make application to the city clerk, which application shall specify the name and address of all owners or other persons interested or having a proprietary interest in the premises, shall specify the type of music to be presented and the hours and days that cabaret dancing shall be conducted, together with such other information as may be required from time to time by the city council. The license fee shall accompany the application for license and shall not be prorated for any portion of a year. Licenses issued under this chapter may be issued by the city clerk only after approval by the city council." Section 2. Section 4.48.050 of the Edmonds City Code is hereby amended to read as follows: "4.48.050 Regulations Applicable to Cabaret Dances. Closing hours, health and fire restrictions, con- duct of patrons, lighting level in rooms and all other general and special regulations of the exist- ing ordinances of the City of Edmonds or as they shall be amended or added to from time to time, relating to dances and dancing, and as regard morality and decency shall be effective as to and govern dances permitted under this chapter except as otherwise provided in this chapter. Provided, however, the city council shall have the right to require that special police officers as provided for in Chapter 4.40 of the Edmonds City Code be in attendance as a condition of the granting of any license under this chapter. Provided, further, the city shall have the right to review the need for special police officers in attendance at any dances licensed here- under and may require the presence of such officers after a license has been issued if such is found to be necessary for the public health, safety or general welfare, pursuant to a public hearing in the manner as provided in Section 4.48.080." Section 3. Section 4.48.080 of the Edmonds City Code is hereby amended to read as follows: "4.48.080 Revocation of License --Hearing Procedure -- Appeal. (1) Any holder of a license under this chapter who is found to be guilty of a violation of any of the provisions of this chapter or of the provisions of any ordinances of the City of Edmonds or the laws of the State of Washington relating to intoxicating liquors, shall be subject to having the license suspended or cancelled and revoked. The responsibility of the maintenance of an orderly premises shall be upon the licensee. (2) When the Chief of Police determines that there is cause for suspending or revoking any license issued pursuant to this chapter, he shall notify the person holding said license by certified mail, at the address set forth on the application for said license of his decision to suspend or revoke such license. (3) Notice mailed to the last business address on file for the licensee shall be deemed received three days after posting in the United States mails. The notice shall specify the grounds for the suspension or revocation and the same shall become effective ten days from the date the notice is delivered or deemed received unless the person affected thereby files a written request for a hearing with the city council within such period. (4) The city council shall, upon receipt of such a request, set a hearing date within thirty days following the receipt of such request. At such hearing, the council shall have the authority to suspend for any given period of time or revoke the license or void the police chief's notice of suspension or revocation or require additional restrictions on the licensee's operation including the requirement that a special police officer be present during hours of operation in order to ensure compliance with the provision of this chapter and the conditions of any license issued granted hereunder. The council shall have the right -2- to continue the hearing from time to time as it shall deem necessary to provide itself with full information concerning the facts and circumstances giving rise to the proposed suspension or revocation of license. (5) Appeals from the city council's decision shall be made to the superior court having jurisdiction by writ of certiorari within ten days of the announcement of the decision by the council with respect to suspension and/or revocation of any license issued under this chapter. Costs of preparing and certifying a record of the council proceedings to superior court upon an appeal from the council's decision, shall be borne by the person, firm, corporation or other entity appealing said decision. (6) In the event the licensee does not request a hearing before the city council within the time provided in the notice, the license of said person shall be sus- pended or revoked as provided in the notice served upon the licensee. In the event a licensee who has appealed to the city council, fails to appeal to the superior court within the time limits as provided herein, the license of said person, firm, corporation or other entity shall be suspended or revoked in accordance with the decision of the city council upon expiration of the appeal period to the superior court. Section 4. Anew section is hereby added.to Chapter._4.48 of the,Edmonds City Code to read as follows: "4.48.300 Severability. If any section, subsection, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being expressly declared that this chapter, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. APPROVED: MAYO ' ATTEST: ,A�_ Cf;4 CITY CLERK Filed with the City Clerk: February 20, 1975 Passed by the City Council: February 25, 1975 Published: March 5, 1975 -3-