Chapter 5.16
ADULT ENTERTAINMENT
Sections:
5.16.020 Standards of conduct and operation.
5.16.040 Adult cabaret license.
5.16.050 Manager responsibilities.
5.16.060 Specifications – Performance area.
5.16.070 Specifications – Lighting.
5.16.080 Specifications – Signs.
5.16.130 Additional enforcement.
5.16.010 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A. “Adult cabaret” means any commercial premises to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public.
B. “Adult entertainment” means:
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, 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 which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises’ activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
C. “Employee” means any and all persons, including managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of any cabaret.
D. “Entertainer” means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for entertainment.
E. “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 at any adult cabaret, and includes assistant managers working with or under the direction of a manager to carry out such purposes.
F. “Operator” means any person operating, conducting or maintaining an adult cabaret.
G. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
H. “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a cabaret.
I. “Sexual conduct” means acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object; or
3. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another. (Ord. 990 Att. A, 2003; Ord. 734A § 1, 1997).
5.16.020 Standards of conduct and operation.
The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present:
A. No employee or entertainer shall be unclothed or in such 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, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public.
B. No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection A of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.
C. No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.
D. No employee or entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer.
E. No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute.
F. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public.
G. 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 stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult cabaret 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 nonstage area of the adult cabaret shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer. (Ord. 990 Att. A, 2003; Ord. 734A § 2, 1997).
5.16.030 Requirements.
At any adult cabaret, the following are required:
A. Admission must be restricted to persons of the age of 18 years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult cabaret to knowingly permit or allow any person under the minimum age specified to be in or upon such premises.
B. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the adult cabaret. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult cabaret, which shall include but are not limited to: the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties. (Ord. 990 Att. A, 2003; Ord. 734A § 3, 1997).
5.16.040 Adult cabaret license.
A. No adult cabaret shall be operated or maintained unless the owner or manager thereof has obtained an adult cabaret license from the city as hereinafter set forth. It is unlawful for any entertainer or employee to knowingly work in or about, or to knowingly perform any service directly related to the operation of an unlicensed adult cabaret.
B. The adult cabaret license year shall be from January 1st to December 31st of each year. All licenses shall expire on the thirty-first day of December each year. Except as hereinafter provided, all license fees shall be payable on an annual basis and shall not be refundable. Annual license fees shall be $350.00 per year for each adult cabaret license.
C. License fees shall not be prorated, except that if the original application for license is made subsequent to June 30th in any year, the license fee for the remainder of that year shall be one-half of the annual license fee.
D. Licenses issued under this chapter may not be assigned or transferred.
E. Applications for an adult cabaret license shall be submitted in the name of the person or entity proposing to conduct the adult cabaret and shall be signed by such person or his agent, and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:
1. The name, home address, home telephone number, date and place of birth, and Social Security number of the applicant if the applicant is an individual;
2. The business name, address and telephone number of the adult cabaret;
3. The names, addresses, telephone numbers and Social Security numbers of partners, corporate officers or shareholders who collectively own 51 percent or more of the adult cabaret; and
4. The name, address and telephone number of the owner of the property on which the adult cabaret is located.
The city shall issue the adult cabaret license applied for immediately upon receipt during regular business hours of a complete application and payment therefor.
F. Applications for renewal of licenses issued under this chapter shall be filed with the city on or before the expiration date provided for in this section in the same manner as the original application, providing the city with current information and accompanied by payment of the same fees as are in effect for an original application for that license for the license year applied for. (Ord. 990 Att. A, 2003; Ord. 734A § 4, 1997).
5.16.050 Manager responsibilities.
The responsibilities of the manager of an adult cabaret shall include but are not limited to:
A. A manager shall be on duty at an adult cabaret at all times adult entertainment is being provided or members of the public are present on the premises. The name of the manager shall be prominently posted during business hours.
B. The manager on duty shall not be an entertainer.
C. The manager or an assistant manager shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance areas of the adult cabaret. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant manager shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult cabaret.
D. The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with all requirements of this chapter. (Ord. 990 Att. A, 2003; Ord. 734A § 5, 1997).
5.16.060 Specifications – Performance area.
The performance area of the adult cabaret where adult entertainment as described in BLMC 5.16.010(B) is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating and shall be separated by a distance of at least eight feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever. (Ord. 990 Att. A, 2003; Ord. 734A § 6, 1997).
5.16.070 Specifications – Lighting.
Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers is hereby established for all areas of the adult cabaret where members of the public are admitted. (Ord. 990 Att. A, 2003; Ord. 734A § 7, 1997).
5.16.080 Specifications – Signs.
A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF BONNEY LAKE. ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA
E. NOT PERMITTED TO CONDUCT ANY DANCE, PERFORMANCE OR EXHIBITION IN ANY NONSTAGE AREA AT A DISTANCE OF LESS THAN FOUR (4) FEET FROM ANY CUSTOMER
(Ord. 990 Att. A, 2003; Ord. 734A § 8, 1997).
5.16.090 Inspections.
In order to ensure compliance with this chapter, all areas of adult cabarets which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the premises are operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. (Ord. 990 Att. A, 2003; Ord. 734A § 9, 1997).
5.16.100 Hours of operation.
It is unlawful for any adult cabaret to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 990 Att. A, 2003; Ord. 734A § 10, 1997).
5.16.110 Exemptions.
A. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals, or other dramatic works that are not obscene;
2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not obscene. These exemptions shall not apply to the sexual conduct defined in BLMC 5.16.010(I), or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).
B. Whether or not activity is obscene shall be judged by consideration of the following factors:
1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex;
2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and
3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 990 Att. A, 2003; Ord. 734A § 11, 1997).
5.16.120 Nuisance declared.
A. Public Nuisance. Any adult cabaret operated, conducted, or maintained in violation of this chapter or any law of the city of Bonney Lake or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law, and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult cabaret contrary to the provisions of this chapter.
B. Moral Nuisance. Any adult cabaret operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. (Ord. 990 Att. A, 2003; Ord. 734A § 12, 1997).
5.16.130 Additional enforcement.
The remedies found in this chapter are not exclusive, and the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any ordinance or regulation herein adopted. (Ord. 990 Att. A, 2003; Ord. 734A § 13, 1997).
5.16.140 Severability.
The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of its application to other persons or circumstances. (Ord. 990 Att. A, 2003; Ord. 734A § 14, 1997).