Chapter 5.14
ADULT ENTERTAINMENT ENTERPRISES
Sections:
5.14.030 License applications—When and where to apply.
5.14.040 License application—Contents.
5.14.050 License application—Fees.
5.14.060 License application—Signatures and affirmations.
5.14.070 Adult establishment license approval criteria.
5.14.080 Business license—Term and renewal—Transferability.
5.14.090 Business license—Validity—Posting requirements.
5.14.100 Business license revocation.
5.14.110 Unlawful practices—Minors.
5.14.115 Unlawful practices—Licenses.
5.14.120 Control and inspection of premises—General requirements.
5.14.125 Adult encounter centers and motels—Control and inspection of premises.
5.14.010 License required.
No person shall engage in or conduct any business constituting an adult entertainment enterprise as hereinafter defined without having a current and approved adult entertainment business license issued pursuant to this chapter. Licenses shall be issued under one of the following categories: (1) owner, (2) manager, (3) employee, or (4) entertainer. (Ord. 99-007 § 1, 1999)
5.14.020 Definitions.
Any term used in this chapter shall be defined as follows:
“Adult entertainment enterprise” (also “adult entertainment establishment,” “adult business,” “adult-oriented business,” “sexually-oriented business,” or any combination thereof used in the context of this chapter) means an establishment, including an adult arcade, adult bookstore, adult lounge, adult encounter center, adult lotion or massage parlor, adult modeling studio, adult motel, adult movie theater, adult video store or any similar establishment to which customers are invited or permitted access and which, for consideration of any kind, offers adult materials to such customers when:
1. Any live, video or film adult materials are displayed to customers while on the premises of the establishment; or
2. Adult materials, constituting either fifty percent or more of the establishment’s stock in trade, as computed by items offered for sale, or fifty percent of gross revenue, is offered for the off-premises display to customers.
3. Adult entertainment enterprises include: Adult arcade, adult book store, adult cabaret, adult encounter center, adult lounge, adult modeling studio, adult motels, adult movie theater, adult video store, panorams, as the same may be defined in BGMC 17.135.175.
“Adult material” means any material, conveyed or communicated by live performance, still photograph, printed or pictorial matter, motion picture film, slide, video cassette, recorded graphic or visual imagery, human conduct or any other medium which material is intended to provide sexual stimulation or sexual gratification and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Adult material also includes any instrument, device or paraphernalia designed for use in connection with specified sexual activities.
“Conduct Any Business.” Any person who does any one or more of the following shall be deemed to be “conducting business”:
1. Operates a cash register, cash drawer or other depository on the premises of an establishment where cash funds, other instruments, or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;
2. Displays or takes order from any customer for any merchandise, goods, entertainment or other services offered on the premises of the establishment;
3. Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the establishment;
4. Acts as a door attendant to regulate entry of customers or other persons into the premises of the establishment; or
5. Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the establishment.
“Customer” means any person eighteen years of age or older who:
1. Is allowed to enter a regulated establishment, in return for the payment of an admission fee or any other form of consideration or gratuity;
2. Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. Is a member, guest or invitee of and on the premises of a regulated establishment operating as a private club.
“Employee” means any person who renders any service whatsoever to the customers of an establishment or who works in or about an establishment or who receives compensation for such services or work from the operator or owner of the establishment or from any customer therein.
“Entertainer” means any person who provides adult entertainment within an adult entertainment enterprise as defined in this section whether or not a fee is charged or accepted for entertainment.
“Interior portion” means any part of the physical structure of a regulated establishment to which customers are invited or allowed access, including restrooms.
“Licensee” means the person or persons to whom an adult entertainment business license is issued pursuant to this chapter.
“Liquor” means all beverages defined in RCW 66.04.200.
“Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring on any adult entertainment enterprise and includes assistant managers working with or under the direction of the manager to carry out such purposes.
“Operator” means the manager or other natural person principally in charge of a regulated establishment.
“Owner” means the proprietor, if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors and persons holding ten percent or more of the outstanding shares if a corporation. The term “owner” shall not include any limited partner or shareholder who has given the operator a statement under oath that he or she does not desire to be listed on the permit application and that he or she waives any right to any notice that is required or permitted to be given under this chapter. (Ord. 99-007 § 2, 1999)
5.14.030 License applications—When and where to apply.
Application for a license to conduct business as an adult entertainment enterprise, whether original, transfer or renewal, must be made to the city treasurer/finance director by the intended owner, operator, manager and employee of the adult entertainment enterprise. Applications shall be made by hand delivery to the office of the city treasurer/finance director. Applications for licenses shall be made on a form furnished by the city treasurer/finance director. (Ord. 02-009 § 51, 2002: Ord. 99-007 § 3, 1999)
5.14.040 License application—Contents.
The applicant shall provide the following information:
A. Type of Enterprise. The applicant shall identify the type or types of adult enterprises to be operated by the prospective licensee, including arcade, book store, lounge, encounter center, lotion or massage parlor, modeling studio, motel, movie theater, video store, and shall specify whether the enterprise will involve live, on-premises or off-premises display.
B. Owners, Entertainers, Employees and Managers. Each applicant shall furnish the following information regarding themselves as owners, entertainers, managers or employees of the enterprise:
1. Date of birth, street and mailing address of the intended employee or manager together with any and all aliases used by the intended operator, manager, entertainer or employee;
2. The name, date of birth, street and mailing address of any owner as defined in this chapter together with any and all aliases used by any such owner;
3. The name under which the enterprise is to be operated and the form of business under which the enterprise will operate;
4. Driver’s license number;
5. Certified copies of assumed business name certificates, articles of incorporation with current amendments, certificates of authority, certificates of limited partnerships, certificates of limited liability companies and qualification documents shall, as applicable, be furnished with the application;
6. If a partnership, whether general or limited, provide for all general partners the same information required under subsection (B)(2) of this section;
7. If a corporation or limited liability company, date and place of incorporation or certification, evidence that it is in good standing under the laws of Washington, and the name and address of any registered agent for services of process;
8. Whether the applicant or any partner, corporate officer or director of the applicant holds any other license under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters, panorams, from the city or another city, county or state, and if so the names and addresses of each other licensed business;
9. A summary of the business history of the applicant in owning or operating any adult enterprise businesses, providing the names, addresses and dates of operation for such businesses, and whether any adult entertainment enterprise type business license has been revoked or suspended for any reason;
10. Any and all convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of the court and disposition;
11. Two, two-inch by two-inch color photographs of the applicant taken within the six months of the date of the application showing only the full face;
12. A complete set of fingerprints for the applicant taken by the Battle Ground police department.
C. Location and Related Information. The applicant shall furnish the address and legal description of the parcel of land on which the enterprise is to be located, together with the identification of the estate which the enterprise holds in the land, and shall furnish the planned hours during which the enterprise will conduct any business.
D. Land Use Approval. The applicant shall furnish with their license application the evidence of land use approval from the planning and development director. (Ord. 99-007 § 4, 1999)
5.14.050 License application—Fees.
The application shall be accompanied by payment in full of fees in accordance with the following schedule:
A. If the enterprise or a segment thereof is to be a bookstore, video store or the like, without on-premises display of adult material, as defined in this chapter, the fee shall be one hundred dollars for an original application and one hundred dollars for a transfer application or one hundred dollars for a renewal application.
B. If the enterprise or a segment thereof will involve on-premises display of adult material other than live displays, the fee shall be: Two hundred fifty dollars for an original application, two hundred fifty dollars for a transfer application or two hundred fifty dollars for a renewal application.
C. If any segment of the enterprise will involve live, on-premises display of adult material, the fee shall be five hundred dollars for an original application, five hundred dollars for a transfer application or five hundred dollars for a renewal application.
D. If the enterprise will involve any combination of activities under subsections A, B, or C of this section, the fee shall be five hundred dollars for the original application, five hundred dollars for a transfer application or five hundred dollars for a renewal application. (Ord. 99-007 § 5, 1999)
5.14.060 License application—Signatures and affirmations.
No application will be accepted for filing unless signed by each owner, operator, manager or employee as defined in this chapter and unless accompanied by a statement under oath by the applicant that he or she has personal knowledge of the information contained in the application, that the information furnished therein is true and correct, and that the applicant has read the provisions of this chapter. (Ord. 99-007 § 6, 1999)
5.14.070 Adult establishment license approval criteria.
A. The city treasurer/finance director shall issue an adult entertainment business license not later than forty-five days after a technically complete application is delivered to the office unless:
1. The applicant failed to obtain approval for such use from the planning and development director pursuant to Section 17.135.180.
2. The applicant failed to supply all the information required on the application.
3. The applicant knowingly gave materially false, fraudulent or untruthful information on the application.
4. The applicant, operator, manager, owner or employee has, within one year of the date of filing of the application, had an adult entertainment business license revoked under this chapter or a substantially similar ordinance in any other jurisdiction.
B. The applicant, owner, operator, manager and employee must meet all of the following criteria:
1. Applicant Requirements. The intended operator, any owner, or any present or intended employee shall meet the following requirements:
a. Shall not have any felony conviction;
b. Shall not have any misdemeanor conviction within the last five years that involves assault, controlled substances, theft or illegal conduct with a minor;
c. Shall not have three or more misdemeanor convictions within the last ten years. (Ord. 02-009 § 52, 2002: Ord. 99-007 § 7, 1999)
5.14.080 Business license—Term and renewal—Transferability.
A. Term and Renewal. Each adult entertainment license shall be valid for a period of one year and shall expire on the anniversary of the date of issuance of the license, unless sooner revoked or surrendered. Each adult entertainment license shall be subject to renewal as of its expiration date by the filing of a permit and license renewal application with the city treasurer/finance director. Renewal applications must be filed at least twenty days prior to the expiration date of the permit that is to be renewed, and shall be subject to the criteria contained in Section 5.14.070 of this chapter.
B. Transferability. An adult entertainment license is personal to the operator and owner or owners designated in the application, but may be transferred pursuant to this section. A transfer application must be filed within twenty days prior to any change in owners or operators designated in the application. A transfer application shall be made by hand delivery to the city treasurer/finance director during regular business hours. Applications for transfers shall be made on a form or forms to be furnished by the finance department.
1. The form of application for transfer shall include a statement under oath that the original application remains correct as previously submitted in all respects except those that are amended by an application. The transfer application shall contain a statement under oath that the individual signing the transfer application has personal knowledge of the information contained therein, that the information is true and correct, and that the person signing the application has read this chapter.
2. No transfer application shall be accepted for filing unless accompanied by payment of one-half the fee prescribed in Section 5.14.050 of this chapter.
3. Transfer approval shall be valid for the remaining term of the original license.
4. In the event that a transfer application is not timely filed, then the license shall be invalid for any purpose relating to the operation of the adult entertainment enterprise and any transfer shall thereafter be treated as an original application.
5. Licenses for employees and managers shall not be transferable. (Ord. 02-009 § 53, 2002: Ord. 99-007 § 8, 1999)
5.14.090 Business license—Validity—Posting requirements.
Any adult entertainment license furnished pursuant to this chapter shall be valid only at the location for which it is issued. Each such license must be prominently posted at or near the entrance of the adult entertainment enterprise at a location where the same is clearly visible to customers and law enforcement personnel. Any such license shall be posted in a manner to prevent damage or alteration. (Ord. 99-007 § 9, 1999)
5.14.100 Business license revocation.
A. The city treasurer/finance director shall initiate revocation of any adult entertainment license issued pursuant to this chapter for any one or more of the following reasons:
1. The owner, operator, manager or employee of the adult entertainment enterprise has knowingly allowed a person under eighteen years of age to enter the premises and a person under twenty-one years of age if liquor is served on the premises.
2. The adult entertainment enterprise no longer conforms to the requirements of Sections 5.14.110 or 5.14.115 of this chapter.
3. Two or more separate violations of the provisions of this chapter have occurred within a consecutive twelve-month period; provided that convictions shall not be deemed separate if they arise from a single inspection.
4. The owner, operator, manager or employee of the adult entertainment enterprise knowingly gave materially false, fraudulent or untruthful information on the original application, transfer application or renewal application.
5. The adult entertainment enterprise has been closed for business for a period of thirty consecutive days, unless such closure is due to a casualty beyond the control of the owner and the owner is proceeding with due diligence to reopen the establishment.
6. The adult entertainment enterprise has undergone a change of ownership or operator for which a transfer application was required, but not timely filed pursuant to this chapter.
7. The owner, operator or manager of the adult entertainment enterprise is convicted, or knowingly retains the services of an employee who has been convicted, without regard to appellate review, of any offense set forth in Section 5.14.070 of this chapter.
B. Prior to the revocation of any adult entertainment license, the city police chief shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, the city treasurer/finance director shall notify the owner, operator or manager in writing of the reasons for the proposed revocation and shall grant such owner, operator or manager the opportunity to appear before the city hearing examiner at a time and place specified within such notice. Such hearing shall be in conformity with Chapter 17.200 of this code. (Ord. 02-009 § 54, 2002: Ord. 99-007 § 10, 1999)
5.14.105 Appeals.
A. Any person who is aggrieved by the approval, denial or revocation of an original, transfer or renewal of an adult entertainment license shall have the right to appeal from such approval, denial or revocation. Any appeal shall be to the hearing examiner, using the rules outlined in Chapter 17.200 and accompanied by a fee as set by the city council.
B. In the case of denial of an adult entertainment license, any appeals shall be processed as a Type II land use action in accordance with Section 17.143.030 of this code. In the case of a revocation of a license, such revocation shall not be effective until the completion of administrative or trial court review upon timely notice of appeal. (Ord. 02-009 § 55, 2002: Ord. 99-007 § 11, 1999)
5.14.110 Unlawful practices—Minors.
A. It is unlawful for any commercial establishment to knowingly display to, or to knowingly permit or allow any inspection, observation or handling of adult material to or by any person under the age of eighteen years.
B. It is unlawful for any adult entertainment enterprise to knowingly permit or allow any person under the age of eighteen years to enter or remain upon its premises.
C. It is unlawful for any adult entertainment enterprise to employ any person under the age of eighteen years.
D. If liquor is served on the premises, then the ages of the persons identified in the preceding subsections must be twenty-one. (Ord. 99-007 § 12, 1999)
5.14.115 Unlawful practices—Licenses.
A. No person or commercial establishment shall:
1. Engage in or conduct any business as an adult entertainment enterprise without first acquiring an adult entertainment license in accordance with this chapter.
2. Forge, alter or counterfeit, or possess a forged, altered, counterfeit or expired adult entertainment license as defined by this chapter.
B. No adult entertainment enterprise shall:
1. Engage in or conduct any business except as classified in or where authorized by a current and valid adult entertainment license;
2. Fail to comply with or maintain compliance with any express terms or conditions of an adult entertainment license issued pursuant to this chapter or with any of the interior or exterior requirements set forth in this chapter;
3. Fail to report a change in operators or owners or to conduct any business after such change without filing an application for transfer as required by this chapter;
4. Fail to post any current and valid adult entertainment license as required by this chapter;
5. Fail to surrender any adult entertainment license within thirty days of the cessation of business, transfer, expiration, suspension or revocation thereof. (Ord. 99-007 § 13, 1999)
5.14.120 Control and inspection of premises—General requirements.
It is unlawful for any adult entertainment enterprise or any employee, operator, manager or owner thereof:
A. To refuse to permit inspection of the premises of an adult entertainment enterprise, other than adult motels, at any time during business hours by representatives of any state, health district, or city fire, building, planning or law enforcement agencies;
B. To fail to occupy any manager station or stations while any customer is upon the premises;
C. To permit or allow the obstruction of view of any customer at any location on the premises, other than restrooms;
D. To display adult materials in restrooms on the premises;
E. To provide for, or to permit or allow, the locking of any restrooms on the premises available to customers;
F. To knowingly fail to comply with any exterior, interior or signage requirements of this chapter;
G. To permit or allow the live, on-premises display of adult material in any portion of the premises other than the area or areas designated and approved for such display by the permit of occupancy;
H. To permit or allow customers to enter or occupy the area designated and approved as setback in the permit of occupancy;
I. Except for adult encounter centers and adult motels, no adult entertainment enterprise nor any employee, operator, manager or owner thereof shall provide, permit or allow any sleeping quarters nor the placement of any bed, mattress or similar object in any portion of the premises to which customers are permitted or allowed access. (Ord. 99-007 § 14, 1999)
5.14.125 Adult encounter centers and motels—Control and inspection of premises.
It is unlawful for any adult encounter center or adult motel, or any employee, operator, manager or owner thereof:
A. To rent, let or sublet any portion of the premises without acquiring and maintaining current and accurate records of customer registration, including name, address and age, as verified by current photographic identification;
B. To permit or allow the physical occupancy of any portion of the premises by an unregistered person;
C. To knowingly permit or allow the subrenting or subletting of any portion of the premises by any registered customer to any other person;
D. To pay to, or receive from, any person other than a customer a fee or consideration of any kind which in any way relates to the presence of the customer on the premises;
E. To refuse to permit inspection of the unoccupied portions of the premises, observation of patrons from the manager’s station or stations, or the inspection of registration and identification materials required to be maintained by Sections 5.14.040 and 5.14.060 of this code. (Ord. 99-007 § 15, 1999)