Chapter 5.96
EROTIC DANCE STUDIOS
Sections:
5.96.040 CERTAIN ACTIVITIES PROHIBITED.
5.96.070 DANCER’S LICENSE - REQUIRED.
5.96.080 DANCER’S LICENSE - TERMS - RENEWAL.
5.96.010 PURPOSE.
The purpose of this chapter is to regulate erotic dance studios to the end that the many types of criminal activities frequently engendered by such studios will be curtailed. However, it is recognized that such regulation cannot, de facto, approach prohibition otherwise a protected form of expression would vanish. This chapter represents a balancing of competing interests; reduced criminal activity through the regulation of erotic dance studios versus the protected rights of erotic dancers and patrons. (Ord. 3958 §1, 1985)
5.96.020 DEFINITIONS.
In this chapter, the following definitions shall apply, unless the context clearly requires otherwise:
(a) "Dancer" means a person who dances or otherwise performs for an erotic dance studio and who seeks to arouse or excite the patrons’ sexual desires.
(b) "Erotic dance studio" means place of business or establishment where one or more dancers or other live performers emphasize and seek to arouse or excite the patrons’ sexual desires.
It shall be prima facie evidence that a place of business or establishment is an erotic dance studio when one or more dancers or performers display or expose, with less than a full opaque covering, that portion of the female breast lower than the upper edge of the areola.
(c) "Inspector" means business license inspector.
(d) "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. (Ord. 5343 §27, 2017: Ord. 4237 §2, 1989; Ord. 3958 §2, 1985)
5.96.040 CERTAIN ACTIVITIES PROHIBITED.
No person shall perform lewd acts as defined in BMC 9A.44.070. (Ord. 4237 §4, 1989; Ord. 4162 §22, 1988; Ord. 3958 §4, 1985)
5.96.050 LICENSE - REQUIRED.
It shall be unlawful to operate, maintain, or manage an erotic dance studio without first obtaining a regulatory license from the City in addition to a general business license issued under Chapter 5.02 BMC. Applications for regulatory licenses shall be filed with the Tax and License Division. (Ord. 5421 §9, 2021; Ord. 5343 §28, 2017: Ord. 4162 §22, 1988; Ord. 3958 §6, 1985)
5.96.060 LICENSE - RENEWAL.
In order to renew, the licensee shall reapply using application procedures and requirements set forth in Chapter 5.03. (Ord. 4368 §23, 1992; Ord. 4162 §22, 1988; Ord. 3958 §6, 1985)
5.96.070 DANCER’S LICENSE - REQUIRED.
No person shall dance at an erotic dance studio without obtaining a dancer’s license issued by the City. (Ord. 4162 §22, 1988; Ord. 3958 §8, 1985)
5.96.080 DANCER’S LICENSE - TERMS - RENEWAL.
A dancer’s license shall entitle a dancer to dance only at the business indicated on the license. In order to renew, the licensee shall reapply using application procedures and requirements set forth in Chapter 5.03. (Ord. 4368 §24, 1992; Ord. 4162 §22, 1988; Ord. 3958 §8, 1985)
5.96.100 REGULATIONS.
(a) No person, firm, partnership, corporation, or other entity shall advertise, or cause to be advertised, an erotic dance studio without a valid erotic dance studio license issued pursuant to this chapter.
(b) No later than March 1st of each year, an erotic dance studio licensee shall file a verified report with the inspector showing the licensee’s gross receipts and amounts paid to dancers for the preceding calendar year.
(c) An erotic dance studio licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed as dancers by the licensee.
(d) No erotic dance studio licensee shall employ as a dancer a person under the age of eighteen years or a person not licensed pursuant to this chapter.
(e) No person under the age of eighteen years shall be admitted to an erotic dance studio.
(f) An erotic dance studio shall be closed between two a.m. and eight a.m.
(g) No erotic dance studio licensee shall serve, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee.
(h) An erotic dance studio licensee shall conspicuously display all licenses required by this chapter.
(i) All dancing shall occur on a platform intended for that purpose which is raised at least two feet from the level of the floor.
(j) No dancing shall occur closer than ten feet to any patron.
(k) No dancer shall fondle or caress any patron and no patron shall fondle or caress any dancer.
(l) No patron shall directly pay or give any gratuity to any dancer.
(m) No dancer shall solicit any pay or gratuity from any patron. (Ord. 3958 §10, 1985)
5.96.110 INSPECTIONS.
All books and records required to be kept pursuant to this chapter shall be open to inspection by the City Attorney or agents thereof, during the hours when the erotic dance studio is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter. (Ord. 3958 §11, 1985)
5.96.130 VIOLATION - PENALTY.
Any person, firm, or corporation violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4162 §22, 1988; Ord. 3958 §13, 1985)