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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 -1- CAW130356.1/0006.90000 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 -2- CAM/130356.1/0006.90000 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; -3- CAM/130356.1/0006.90000 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 -4- CAM/130356.1/0006.90000 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 - Duration 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, -5- CAM/130356.1/0006.90000 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: -6- CAM/130356.1/0006.90000 (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 -7- CAW130356.1/0006.90000 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 -8- CAM/ 130356.1/0006.90000 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: -9- CAM/130356.1/0006.90000 (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 CAM1130356.1/0006.90000 be unlawful to operate an adult facility without a valid adult facility license, issued by the City for type of business to be conducted. -10- 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 -11- CANV130356.1/0006.90000 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, -12- CAW130356.1/0006.90000 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 -13- CAM/130356.1/0006.90000 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 -14- CAM/130356.1/0006.90000 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. -15- CAW130356.1/0006.90000 (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. -16- CAM/130356.1/0006.90000 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. -17- CAM/ 130356.1/0006.90000 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. -18- CAM/130356.1/0006.90000 (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 -19- CAbU130356.1/0006.90000 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; -20- CAM/130356.1/0006.90000 (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: -21- CAM/130356.1/0006.90000 (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 -22- CAM/130356.1/0006.90000 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: -23- CAM/130356.1/0006.90000 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. -24- CAM/130356.1/0006.90000 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 -25- 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: -26- CAM/130356.1/0006.90000 (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 -27- CAM/130356.1/0006.90000 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. -28- CAM/130356.1/0006.90000 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 -29- CAM/130356.1/0006.90000 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 -30- 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 ------•--• ............................................................................................. ......................... . . . .•- .......................................................................................,-----------. .................-------- - - *... 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� %OTAgy k0F PU a Lt,G 2 S 38.98 �� V WAS'��� B -2 -1