Chapter 5.40
ADULT BUSINESSES
Sections:
5.40.020 Permit required from chief of police – Application – Issuance – Duration – Renewal.
5.40.030 Permit – Grounds for revocation.
5.40.040 Procedure upon denial of an application or revocation of a permit.
5.40.050 Availability of prompt judicial review and determination.
5.40.070 Regulations pertaining to adult businesses providing adult entertainment.
5.40.080 Regulations pertaining to adult motels.
5.40.090 Transfer of permit prohibited.
5.40.010 Definitions.
The following words, terms and phrases, when used in this chapter shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:
“Adult bookstore” or “adult video store” means an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
“Adult business” means any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.
“Adult entertainment” means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
“Adult merchandise” means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
“Adult model studio” means a commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.
“Adult motel” means a motel, hotel, or similar commercial establishment that: (1) provides patrons with closed-circuit television transmissions, internet selections or sites, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or (2) offers a sleeping room for rent for a time period of less than 10 hours; or (3) allows a tenant or occupant to subrent the sleeping room for a time period of less than 10 hours.
“Adult movie theater” means an enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated “G,” “PG,” “PG-13,” or “R” by the Motion Picture Association of America.
“Adult nightclub” means a restaurant, bar, club, or similar establishment that regularly features adult entertainment.
“Adult store” means an establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.
“Associate” means any entity or person acting in concert with an owner, operator, manager or employee in the management or control of the adult business, whether or not compensated.
“Employee” means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business.
“Live entertainment” means entertainment provided in person including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances.
“Specified anatomical areas” means less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means human genitals in a state of sexual stimulation or arousal; sexual intercourse or sodomy; or fondling or other erotic touching of human genitals, pubic region, buttock or female breast, including masturbation. (Ord. 2007-28).
5.40.020 Permit required from chief of police – Application – Issuance – Duration – Renewal.
(1) Every person either operating or desiring to operate an adult business, in addition to obtaining any required business license from the commissioner of revenue, shall apply to the chief of police, or designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $300.00.
(2) Information required on and with the permit application shall include, but not be limited to, the following:
(a) The applicant’s full name, any previous or current aliases, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and Social Security number.
(b) Names and addresses of at least three references.
(c) Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed.
(d) Whether the applicant holds or has held, in the name of this business or any other, any other permits under this chapter or similar adult use provisions from another locality within the past five years, and, if so, the names and locations of such other permitted businesses.
(e) Whether the applicant has been denied a permit or has had a permit revoked or suspended under any statute or ordinance requiring a permit to operate an adult business and, if so, when and where the denial or revocation or suspension occurred.
(f) Photograph and fingerprints of applicant.
(g) Name, including any fictitious names, and address of the business for which a permit is sought.
(h) A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant’s written authorization to investigate whether the information provided by the applicant is true.
(i) A description of the intended business activity and, if adult entertainment is to be provided, a detailed description of such entertainment.
(j) Written declaration, dated and signed by the applicant, in affidavit form that the information contained in the application is true and correct.
(3) For a corporation, partnership or other legal entity, “applicant” includes each officer, director, partner, member or principal of the entity and the managers and other associates of the business.
(4) The chief of police or designee shall act on the application within 30 days of the filing of an application containing all the information required by this section, unless information requested from other law enforcement agencies is not received within that 30-day period, in which case the chief of police or designee shall have an additional 30 days to act on the application. Upon the expiration of the applicable time period, unless the applicant requests and is granted a reasonable extension of time, the applicant may, at its option, begin operating the business for which the permit is sought, unless and until the chief of police or designee notifies the applicant of a denial of the application and states the reasons for denial.
(5) The applicant shall be issued a permit unless the city’s investigation or the information furnished by the applicant shows any of the following:
(a) The applicant has failed to provide information required by this section or has falsely or misleadingly answered a question.
(b) The applicant has been convicted of a felony within the past five years.
(c) The applicant has been convicted of a crime of moral turpitude or a crime involving obscenity laws within the past five years.
(d) The applicant has been denied a permit or has had a permit revoked or suspended within the past 12 months under any statute or ordinance requiring a permit to operate an adult business.
(e) Failure of the applicant’s business to comply with the city’s business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable city or state laws or regulations.
(f) The application fee has not been paid.
(6) If the application is denied, the chief of police or designee shall notify the applicant of the denial and state the reasons for the denial.
(7) The permit shall be valid for 12 months from the date thereof and may be renewed in the same manner as it was initially obtained. The application fee for a renewal permit shall be $300.00. No permit shall be transferable.
(8) Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers or other associates of the business will automatically make the permit void. Such changes shall be immediately reported to the chief of police or designee, and a new application may be submitted for review. (Ord. 2007-28).
5.40.030 Permit – Grounds for revocation.
The chief of police or designee may revoke any permit issued pursuant to this chapter for the following:
(1) Fraud, misrepresentation or any false or misleading statement contained in the application.
(2) Conviction of the permittee for any felony, crime involving moral turpitude, or crime involving the obscenity laws after the permit is issued.
(3) The permittee or an employee or associate of the permittee has knowingly allowed possession, use or sale of illegal controlled substances in or on the premises.
(4) The permittee or an employee or associate of the permittee has knowingly allowed prostitution on the premises.
(5) The permittee or an employee or associate has refused to allow an inspection of the adult business premises as authorized by this chapter.
(6) On two or more occasions within a 12-month period, employees or associates of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting:
(a) Aiding, abetting or harboring a runaway child;
(b) Prostitution or promotion of prostitution;
(c) Exposing minors to harmful materials;
(d) Dissemination of obscenity;
(e) Sexual assault.
The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
(7) The permittee is convicted of violations regarding any taxes or fees related to the adult business.
(8) The permittee has failed to operate or manage an adult business in a peaceful and law abiding manner.
(9) The permittee or an employee of the permittee, except a permittee or employee of a permittee of an adult motel, has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual activity to occur in or on the permitted premises.
(10) The permittee has been operating an adult business not approved under the applicable permit.
(11) The permittee has failed to comply with the provisions of this chapter.
(12) The permittee’s business fails to comply with other applicable city or state laws or regulations. (Ord. 2007-28).
5.40.040 Procedure upon denial of an application or revocation of a permit.
(1) If the chief of police or designee denies an application or revokes a permit, the chief of police shall notify the applicant or permittee in writing of such action, the reasons therefor, and the right to request a hearing. To receive a hearing, the applicant or permittee must make a written hearing request which must be received by the chief of police or designee within 10 days of the date of the notice of denial or revocation. If a timely hearing request is not received by the chief of police or designee, the decision of the chief of police or designee shall be final. If a hearing is properly requested, it shall be held within 10 days from receipt of the hearing request. The hearing shall be presided over by the chief of police or designee. The applicant or permittee shall have the right to present evidence and argument or to have counsel do so. Within five days of the hearing, the chief of police or designee shall render a decision which shall be final. A permittee must discontinue operation of its business when the decision to revoke the permit becomes final.
(2) When an imminent threat of substantial harm to public health or safety requires such action, unless the matter is one for which another city official has specific enforcement authority, the chief of police or designee may immediately revoke a permit issued under this chapter by so stating in a written notice to the permittee. When action is taken pursuant to this subsection, the permittee shall immediately discontinue operation of its business, but shall have the right to a hearing as stated in subsection (1) of this section. (Ord. 2007-28).
5.40.050 Availability of prompt judicial review and determination.
After denial of an initial or renewal application or after revocation of a permit by the chief of police or designee, the applicant or permittee may seek prompt judicial review of such administrative action in the circuit court of the city. Any such request for judicial review shall be filed within 30 days of when the administrative action becomes final. The city will facilitate the applicant’s obtaining prompt review and determination. (Ord. 2007-28).
5.40.060 Inspection.
(1) In addition to any existing legal authority, representatives of city departments shall have the authority to inspect an adult business for the purpose of determining compliance with the provisions of this chapter.
(2) The provisions of subsection (1) of this section shall not apply to sleeping rooms of an adult motel which are currently being rented by a customer. (Ord. 2007-28).
5.40.070 Regulations pertaining to adult businesses providing adult entertainment.
(1) For purposes of this section, “adult entertainment” is defined as dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.
(2) No person shall provide adult entertainment for patrons of an adult business except upon a stage located in an area open to all patrons of the business. The stage shall be at least 18 inches above the level of the floor and separated by a distance of at least three feet from the nearest area occupied by patrons. No patron shall be permitted within three feet of the stage while the stage is occupied by an entertainer.
(3) The adult business shall provide separate dressing room facilities for female and male entertainers, which shall not be occupied or used in any way by anyone other than them.
(4) The adult business shall provide entertainers access between the stage and the dressing rooms which is completely separated from the patrons. If separate access is not physically feasible, the establishment shall provide a walk aisle at least four feet wide for entertainers between the dressing room area and the stage with a railing, fence or other barrier separating the patrons and the entertainers which prevents any physical contact between patrons and entertainers.
(5) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while in or on the premises of the adult business.
(6) No patron shall directly pay or give any gratuity to any entertainer. A patron who wishes to pay or give a gratuity to an entertainer shall place the gratuity in a container that is at all times located separately from the entertainers for the purpose of preventing any physical contact between a patron and an entertainer. No entertainer shall solicit any gratuity from any patron.
(7) Patrons must be at least 18 years of age.
(8) No operator or manager of an adult business shall cause or allow an entertainer to contract to or engage in any entertainment such as a “couch,” a “straddle,” or a “lap” dance with a patron while in or on the premises of an adult business. No entertainer shall contract to or engage in a “couch,” “straddle,” or “lap” dance with a patron while in or on the establishment premises. For purposes of this subsection, “couch,” “straddle,” or “lap” dance is defined as an employee of the establishment intentionally touching any patron while engaged in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or the exposure of any specified anatomical area.
(9) This section shall not apply to an employee of an establishment who, while acting as a waiter, waitress, host, hostess, or bartender, comes within three feet of a patron. No employee shall engage in any specified sexual activity or other activity intended for the sexual stimulation or titillation of patrons, or expose any specified anatomical area while acting as a waiter, waitress, host, hostess, or bartender. (Ord. 2007-28).
5.40.080 Regulations pertaining to adult motels.
(1) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in SCC 5.40.010.
(2) No person who is in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business permit shall rent or subrent a sleeping room to a person, and, within 10 hours from the time the room is rented, rent or subrent the same sleeping room again.
(3) For purposes of subsection (2) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration. (Ord. 2007-28).
5.40.090 Transfer of permit prohibited.
(1) A permittee shall not operate an adult business at any place other than at the address designated in the approved permit.
(2) A permittee shall not transfer its permit to another person. (Ord. 2007-28).
5.40.100 Violations.
Except as permitted in SCC 5.40.020(4), operation of an adult business without a permit is prohibited. Violations of this chapter shall be unlawful and subject to the provisions of SCC 1.05.100(1). (Ord. 2007-28).
5.40.110 Severability.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter. (Ord. 2007-28).