Chapter 17.80
ADULT ENTERTAINMENT BUSINESS
Sections:
17.80.020 Administration of licensing.
17.80.040 Separation and zone district requirements.
17.80.050 Specifications – Adult cabaret.
17.80.060 Standards of conduct and operation applicable to adult cabarets.
17.80.070 Regulations applicable to adult entertainment businesses providing on-site entertainment.
17.80.110 Violation – Penalty.
17.80.010 Purpose and intent.
It is the purpose of this chapter to regulate adult entertainment businesses and related activities to promote health, safety, morals, and general welfare of the citizens of the city of Cashmere, and to establish reasonable and uniform regulations to prevent the establishment of adult entertainment businesses in locations within the city which would have a harmful effect on the residents of the city. It is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the state or federal Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.020 Administration of licensing.
The mayor’s designee is responsible for granting, denying, revoking, renewing, suspending, and/or canceling adult entertainment business, managers’ and entertainers’ licenses. The mayor’s designee is responsible for ascertaining whether a proposed adult entertainment business for which an adult entertainment business license is being applied complies with all building code, land use, and comprehensive plan requirements enumerated herein and all other applicable building code and zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.030 License required.
A. A business license shall be required for any person, persons, company, corporation or association to transact, exercise, engage in or carry on, either directly or indirectly, within the city limits, an adult entertainment business, subject to the following requirements:
1. No person or entity shall use any property or premises for an adult entertainment business within the city of Cashmere except within those areas authorized for location of said businesses as set forth in this title, and no adult entertainment business shall be established, operated or maintained in the city unless the owner or manager thereof has obtained a business license from the clerk.
2. The applicant must be 18 years of age or older.
B. A business license shall be required for managers and entertainers of an adult entertainment business, subject to the following requirements:
1. No person shall work as an entertainer at an adult entertainment business without having first obtained a business license from the city. No person shall work as a manager of an adult cabaret, adult arcade, adult movie theater or other adult entertainment business providing on-site entertainment without having first obtained a business license from the city, the purpose being to require licensed managers at adult entertainment business establishments to monitor the conduct of patrons viewing adult entertainment on the premises and ensure compliance with this chapter. On-site entertainment includes, but is not limited to, live entertainment, the viewing of films and videos and other such entertainment on the premises, whether or not for a fee or other consideration, as opposed to strictly the sale or rental of adult books, magazines, novelties and videos.
2. The applicant must be 18 years of age or older. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.040 Separation and zone district requirements.
Adult entertainment business shall be permitted with a conditional use permit pursuant to Chapter 17.72 CMC. Adult business shall be located only within mixed commercial/light industrial (C/LI) and warehouse industrial (W/I) zones and only if the following separation requirements are met:
A. No adult entertainment business shall be located closer than 200 feet to any residential zoning district whether or not such zoning district is located within or outside city limits.
B. No adult entertainment business shall be located closer than 500 feet to any of the following uses whether or not such use is located within or outside the city limits:
1. Any public park;
2. Any public library;
3. Any public or private nursery school or preschool;
4. Any public or private primary or secondary school;
5. Any day care;
6. Any community youth center; or
7. Any place of worship.
C. Measurement. The buffers required by this section shall be measured by extending a straight line from the nearest point on the property line of the lot containing the proposed adult entertainment business to:
1. The nearest point on the boundary line of a residential zoning district;
2. The nearest point on the property line of a public park; or
3. The nearest point on the property line of the lot containing an adult entertainment business, a public library, public or private nursery school or preschool, public or private primary or secondary school, day care, community youth center, or place of worship. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.050 Specifications – Adult cabaret.
A. Separation of Adult Entertainment Performance Area. The portion of the adult cabaret premises in which dancing and adult entertainment by an entertainer is performed shall be a stage or platform at least 24 inches in elevation above the level of the patron seating areas and shall be situated so that no dances, performances, or exhibitions by an entertainer shall occur closer than 10 feet to any patron. The stages must be visible from the common areas of the premises and at least one manager’s station.
B. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor on 10-foot centers shall be provided and equally distributed in and about all public portions of the adult cabaret, including patron seating areas, so that all objects are plainly visible at all times.
C. Visibility. No adult entertainment performance may be visible outside the premises of the adult entertainment businesses.
D. Submittal of Plans. Building plans showing conformance with the requirements of this section shall be included with any application for a business license for an adult cabaret.
E. Signs. Signs printed in English and Spanish and of sufficient size to be readable at 20 feet by a person with 20/20 vision shall be conspicuously displayed in the public area of the establishment stating the following:
This Adult Entertainment establishment is regulated by the City of Cashmere. Entertainers are:
(A) Not permitted to engage in any type of sexual conduct;
(B) Not permitted to dance or appear nude, except on stage;
(C) Not permitted to solicit or demand or to directly accept, or receive any gratuity, tip, or other payment from a patron.
F. Exterior signs shall comply with Cashmere Municipal Code. Signs shall only display the business name and shall have no logo, pictures or graphics. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.060 Standards of conduct and operation applicable to adult cabarets.
A. Standards for Patrons, Employees and Entertainers. The following standards of conduct shall be adhered to by patrons, entertainers and/or employees of adult cabarets at all times:
1. Admission to adult cabarets shall be restricted to persons of the age of 18 years or more.
2. All dances, performances, or exhibitions by an entertainer shall occur on the entertainment performance areas intended for that purpose described in CMC 17.80.050.
3. No dances, performances, or exhibitions by an entertainer shall occur closer than 10 feet to any patron.
4. No patron shall go into or upon the adult entertainment performance area described in CMC 17.80.050 while adult entertainment is being performed.
5. No patron, employee or entertainer shall be nude on the premises and no entertainer shall entertain while nude except on the entertainment performance area described in CMC 17.80.050.
6. No 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 any other person.
7. No employee or entertainer shall allow, encourage, or permit physical contact between an employee or entertainer and any member of the public, which contact is reasonably believed to arouse or excite sexual desires.
8. No patron shall touch, caress or fondle the breasts, buttocks, anus, pubic area or genitals of any other person while on the premises. Further, no patron shall have physical contact with any other person on the premises in any manner which is reasonably believed to arouse or excite the sexual desires of any person.
9. No employee or entertainer shall perform acts in a lewd or obscene fashion or perform acts of or acts which simulate:
a. Specified sexual activities as defined in this title; or
b. The touching, caressing or fondling of the breasts, buttocks or genitals.
10. No entertainer employed or otherwise working at an adult cabaret shall solicit or receive any gratuity, tip, or other payment from a patron or customer.
11. No customer or patron of an adult entertainment business shall directly pay or give any gratuity, tip, or other payment to any entertainer.
12. It is unlawful for any entertainer, manager, employee, or waitperson to perform more than one such function at an adult cabaret on the same business day.
13. It is unlawful for any entertainer to use any stage name or nickname not listed in the application for entertainer’s business license.
14. No adult cabaret licensee shall employ as an entertainer a person under the age of 18 years or a person not licensed pursuant to this chapter.
15. No adult cabaret licensee shall service, sell, distribute, or allow the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee.
B. The responsibilities of the manager of an adult cabaret shall include but are not limited to:
1. A licensed 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 and license of the manager shall be prominently posted during business hours. Managers shall be required to verify and ensure that entertainers possess a current and valid business license available for immediate inspection on the premises.
2. The licensed manager on duty shall not be an entertainer.
3. The manager licensed under this chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance area 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 entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this chapter 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. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.070 Regulations applicable to adult entertainment businesses providing on-site entertainment.
A. Specifications.
1. The licensee shall not permit any doors to public areas on the premises to be locked during business hours.
2. Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or city inspector.
3. At least one manager shall be on the business premises at all times the adult entertainment business is open.
B. Additional Specifications Applicable to Adult Arcades.
1. The interior of the show premises shall be arranged in such a manner as to ensure that patrons, including those inside viewing booths, cubicles, rooms or stalls, are fully visible from the waist down, and all persons viewing such panorama pictures shall be visible from the entry of such premises, and shall not be obscured by any curtain, door, wall, or other enclosure. All viewing booths shall also be visible from the manager’s station either directly or by closed circuit TV.
2. No more than one patron at a time shall be present in a booth, cubicle, room or stall wherein adult entertainment is provided, and no booth, cubicle, room or stall shall have more than one seat or stool, and in order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a seating area shall have any backs or sides. Further, no steps or risers shall be allowed in any viewing booth, cubicle, room or stall.
3. The licensee shall maintain, at a minimum, illumination as required in this chapter for adult cabarets generally distributed in all parts of the premises at all times when the facility is open or when the public is permitted to enter or remain therein.
4. No viewing booth shall have any holes or openings in its walls other than ventilation holes. All ventilation holes shall be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. All ventilation holes shall be covered with a permanently affixed ventilation cover.
5. All viewing booths shall be maintained in a clean and sanitary condition.
C. Additional Standards of Conduct and Specifications Applicable to Adult Movie Theater. At all times said adult movie theater is open and operating, there must be present at least one manager, at least one projectionist and at least one person responsible for selling tickets, none of which may be the same person. In addition, there must be employed and on duty at all hours a sufficient number of employees to monitor the theater to ensure compliance with this subsection C. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.080 Regulations applicable to bookstores, novelty stores, video stores and other businesses whether or not qualifying as adult entertainment businesses.
A. Bookstores, novelty stores, video stores, and other businesses that sell or otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or other visual representations which are not rated or rated X and which are characterized by the depiction or description of nudity or specified sexual activities, whether or not such businesses qualify as an adult entertainment business under this chapter and whether or not less than 10 percent of their stock in trade or revenues comes from the rental or sale of such items shall be subject to the following regulations:
1. All such items as are described above shall be physically segregated and closed off from other portions of the store so that these items are not visible and/or accessible from other portions of the store where non-adult entertainment material, if any, is displayed, sold or rented.
2. No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display.
3. Signs readable 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 18 years are not allowed access to the area where such items are displayed.
4. The manager or attendant shall take responsible steps to monitor the area where such items are displayed to ensure that persons under 18 years of age do not access the age-restricted area.
5. Employees of such businesses shall check identification of persons appearing to be 18 years or under to ensure that such items are not rented or sold to persons under the age of 18 years.
B. Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under 18 years of age is prohibited. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.090 Inspections.
In order to ensure compliance with this chapter, all areas of licensed adult entertainment businesses 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 licensed 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. 1152 § 1 (Exh. A), 2009).
17.80.100 Hours of operation.
It is unlawful for any adult entertainment business premises to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.110 Violation – Penalty.
Any person, partnership, association, firm or corporation who violates or fails to comply with this chapter is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in Chapter 1.20 CMC, which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of this chapter is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the laws of the state of Washington. (Ord. 1152 § 1 (Exh. A), 2009).
17.80.120 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. (Ord. 1152 § 1 (Exh. A), 2009).