Chapter 5.44 ADULT ENTERTAINMENT BUSINESSES

A. Purpose. The purpose of requiring standards for adult entertainment businesses is to mitigate the adverse secondary effects caused by such businesses, to maintain compatibility with other land uses and services permitted within the city, and to promote the public health, safety and welfare of the citizens of the city.

B. Findings.

1. Regulation of the adult entertainment industry is necessary because in the absence of such regulation, significant criminal activity has historically and regularly occurred in and around such businesses. This history of criminal activity in the adult entertainment industry has included prostitution, illegal employment of minors, narcotics trafficking and use, alcoholic beverage law violations, breaches of the peace, tax evasion, and the presence within the industry of individuals with hidden ownership interests, outstanding arrest warrants, and past criminal behavior related to the adult entertainment industry which may be indicative of intended future conduct;

2. There is convincing evidence in the form of studies, court cases, and police records reviewed and considered by the city, on file with the city clerk, that adult entertainment businesses have a deleterious effect on both existing businesses around them and surrounding residential areas or other sensitive uses adjacent to them, causing increased crime, harm to minors, diminishing the quality of residential life, and reducing property values;

3. The activities defined and regulated in this chapter have been shown to produce secondary effects which are detrimental to the public health, safety, morals, and general welfare of the citizens of the city, and, therefore, such activities must be regulated;

4. Adult entertainment businesses have serious objectionable operational characteristics, particularly when they are located in close proximity to each other and other sensitive uses, thereby contributing to urban blight and devaluating the quality of life in adjacent areas;

5. Close physical proximity between entertainers and patrons during adult entertainment performances facilitates sexual contact, prostitution, and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city, which require reasonable regulation of adult entertainment establishments in order to protect the public health, safety, and general welfare of its citizens;

6. In the absence of regulation, the criminal activities described in subsections (B)(1) and (5) of this section occur whether or not the sale of alcoholic beverages takes place in conjunction with adult entertainment activities;

7. It is necessary to license adult entertainment premises to identity the location and nature of activities to take place on such premises, to identify the operators of each such business, and to provide for the regulations of such premises;

8. It is necessary to license managers in the adult entertainment industry, and to have a licensed manager on the premises of adult entertainment premises, so there will at all necessary times be an identifiable individual responsible for the overall operation of the adult entertainment establishment, including responsibility for the actions of entertainers, other employees, and patrons;

9. It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each entertainer is an adult, and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible; and

10. The license fees required in this chapter are necessary as nominal fees imposed as necessary regulatory measures designed to partially defray the substantial expenses incurred by the city in regulating the adult entertainment industry.

C. Intent.

1. The city council desires to minimize and control these adverse secondary effects of adult entertainment businesses and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; protect minors from exposure to inappropriate content; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight;

2. It is not the intent of this chapter to suppress any speech activities protected by the first amendment, but to enact a content neutral ordinance which addresses the secondary effects of adult entertainment businesses through time, place, and manner regulations; and

3. It is not the intent of the city council to condone or legitimize the distribution of obscene material, and the city council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce obscenity statutes against such illegal activities in the city.

D. Scope. The standards established in this chapter apply to all adult entertainment businesses and include, but are not limited to, the following: adult panorams, adult cabarets, adult motels, adult motion picture theaters, and adult retail establishments. (Ord. 2094 § 1 (part), 2002).

5.44.020 Consistency with this title—Exceptions—Each business separate.

A. Any adult entertainment business shall be consistent with all applicable requirements of CMC Title 20, Zoning, and any other applicable law, rule or regulation governing the specific proposal.

B. 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.

3. Exhibitions, performances, expressions or dances that are not obscene.

4. These exemptions shall not apply to the sexual conduct defined in CMC 5.44.040, or the sexual conduct described in RCW 7.48A.010(2)(b) (ii) and (iii).

5. Whether or not activity is obscene shall be judged by consideration of the following factors:

a. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a purient interest in sex;

b. 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

c. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.

C. For the licensing provisions of this chapter only, each type of adult entertainment business defined in this chapter which may include, but not be limited to an adult cabaret, adult panoram, adult theater or adult retail establishment shall constitute a separate adult entertainment business even if operated in conjunction with another adult entertainment business at the same establishment. (Ord. 2094 § 1 (part), 2002).

5.44.030 Proximity requirements.

A. No adult entertainment business shall be located in or within five hundred lineal feet of any residential zone.

B. No adult entertainment business shall be located in or within five hundred lineal feet of any property with a pre-existing use as:

1. Any school, school grounds;

2. Any church, mosque, synagogue, chapel or other religious facility;

3. Any day care center;

4. Any public park or playground; or

5. Any public library.

C. No adult entertainment business shall be located in or within five hundred lineal feet of any other adult entertainment business.

D. Distance shall be measured from the property line of the adult entertainment business to the nearest property line of the other use or zone. (Ord. 2094 § 1 (part), 2002).

5.44.040 Definitions.

“Adult cabaret” means any commercial premises, including any adult cabaret premises, to which any member of the public are invited or admitted and where an entertainer provides live adult entertainment to any member of the public.

“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;

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.

“Adult entertainment business” means an adult panoram, adult cabaret, adult retail establishment, adult motion picture theater, or any similar business activity providing adult entertainment.

“Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, computer generated images, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are regularly shown for any form of consideration.

“Adult panoram” means any commercial establishment which contains one or more devices which, for payment of a fee, membership fee, or any other direct or indirect charge, is used to view, exhibit or display a film or videotape which is distinguished or characterized by an emphasis on “specified anatomical areas” or “specified sexual activities.” All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram premises: do not include games or gambling devices regulated by the state.

“Adult panoram premises” means any panoram premises or portion of any premises on which any panoram device is located, and to where members of the public are admitted, and which videotapes, films or similar pictures are displayed which are distinguished or characterized by an emphasis on the depiction, description, simulation or relation to “specified sexual activities” or “specified anatomical areas.” The term “panoram premises” does not include movie or motion picture theater auditoriums.

“Adult retail establishment” means a retail establishment in which a significant or substantial portion of the “stock in trade” consists of merchandise distinguished or characterized by an emphasis on the depiction, description, simulation or relation to “specified sexual activities” or “specified anatomical areas,” or a retail establishment which has as one of its principal purposes, the sale, exchange, rent, loan, trade, transfer, and/or viewing of merchandise distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to “specified sexual activities” or “specified anatomical areas.” The term “merchandise” as used above includes but is not limited to the following: books, magazines, posters, cards, pictures, periodicals, or other printed matter; prerecorded video tapes, discs, film or other such medium; instruments, devices, equipment, paraphernalia or other such products. An adult retail establishment includes, without limitation, an adult video store, adult bookstore, and adult novelty store.

“Applicant” means the individual or entity seeking an adult entertainment business premises license, or manager or entertainer license in the city of Centralia.

“Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment business.

“Clerk” means such city employees or agents as the city manager shall designate to administer this chapter, or any designee thereof.

“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 adult entertainment business.

“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.

“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 at any adult cabaret or adult panoram premises, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

“Operator” means any person operating, conducting or maintaining an adult entertainment business.

“Panoram station” means the portion of any adult panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device, and is sometimes referred to as a booth or panoram booth.

“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.

“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 an adult cabaret or adult panoram premises.

“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 or 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; or

6. Excretory functions as part of, or in connection with any of the activities set forth in this section; or

7. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts of oneself or by another; or

8. Human genitals in a state of sexual stimulation or arousal.

“Specified anatomical areas” means 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.

“Specified sexual activities” means:

1. Human genitals in a state of sexual stimulation or arousal; or

2. Acts of human masturbation, sexual intercourse or sodomy; or

3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast. (Ord. 2094 § 1 (part), 2002).

5.44.050 License required—Adult cabaret.

A. It is unlawful for any person to conduct, manage or operate an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter.

B. It is unlawful for any entertainer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult cabaret.

C. It is unlawful for any entertainer to perform in an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so.

D. It is unlawful for any manager to work in an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so. (Ord. 2094 § 1 (part), 2002).

5.44.060 License required—Adult panoram premises.

A. It is unlawful to display, exhibit, expose or maintain upon any adult panoram premises to which members of the public are admitted any panoram device without a valid and current license for such panoram premises, to be designated an “adult panoram premises license.”

B. It is unlawful for any person to conduct, manage or operate an adult panoram premises unless such person is the holder of a valid and subsisting “adult panoram premises manager’s license,” as required by this chapter.

C. It is unlawful for any employee or manager to knowingly work in or about, or to knowingly provide any service related to the operation of, an unlicensed adult panoram premises.

D. The city clerk or his/her designee shall prescribe the form of such license, number the same, and shall indicate thereon the number of adult panoram devices which may be operated thereunder, and the location of licensed adult panoram premises. (Ord. 2094 § 1 (part), 2002).

5.44.070 License—Application.

An application for any license required by this chapter shall be made on a form provided by the city. A separate license shall be obtained for each category and location of adult entertainment business defined in this chapter, and for each category of entertainer, manager or other type of employment for which a license is required. Any applicant desiring to operate an adult entertainment business shall file with the city clerk the original and two copies of a completed and sworn license application together with the following information:

A. Name, any aliases or previous names, driver’s license number, federal tax identification number (unless a natural person), and mailing address for each applicant and applicant control persons.

B. Proof that each applicant and applicant control persons have attained the age of eighteen years.

C. If applicant is a partnership, whether general or limited; and if a corporation, the date and place of incorporation, evidence that it is in good standing under the laws of the state of incorporation, and the name and address of any registered agent for service of process within the state of Washington.

D. The single classification of license requested.

E. The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

F. Two two-inch by two-inch photographs of each applicant and applicant control persons taken within six months of the date of application, showing only the full face.

G. A complete set of fingerprints for each applicant and applicant control persons on forms prescribed by the police chief.

H. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment business, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s offices and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans which demonstrate conformance with the requirements of this chapter and the building and zoning codes as prescribed in the Centralia Municipal Code.

I. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true. (Ord. 2113 § 1, 2003: Ord. 2094 § 1 (part), 2002).

5.44.080 Processing of application.

Upon receipt of a complete application and application fee the clerk or his/her designee shall provide copies of the application to the city manager, police, community development, and fire departments for their investigation and review. (Ord. 2113 § 2, 2003: Ord. 2094 § 1 (part), 2002).

5.44.090 Issuance of license.

A. The city clerk shall grant an adult entertainment business license within thirty days from the date the complete application and fee are received.

B. The license shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the licensed adult entertainment business. The permit shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read at any time the business is open. (Ord. 2113 § 3, 2003: Ord. 2094 § 1 (part), 2002).

5.44.100 License fee and expiration.

A. The annual fee for an adult entertainment business license for an adult cabaret shall be two hundred fifty dollars. The annual fee for any required license for all other adult entertainment businesses shall be one hundred twenty-five dollars. These fees shall be used to help defray the costs of administering this chapter.

B. Each license shall expire annually on December 31st and must be renewed by January 1st. An application for license renewal shall contain such information as is necessary to update the application information provided pursuant to this chapter.

C. Where a license becomes effective on a date other than January 1st, the license fee shall be pro-rated on a quarterly basis. The pro-rated fee shall include full payment for the calendar quarter in which the license becomes effective and for each calendar quarter thereafter, to the end of the year. (Ord. 2094 § 1 (part), 2002).

5.44.110 License required—Managers and entertainers of adult cabarets and adult panoram premises—Fee.

A. No person shall work as a manager at an adult cabaret or adult panoram premises without first obtaining a manager’s license from the city. No person shall work as an entertainer at an adult cabaret without first obtaining an entertainer’s license from the city. Each applicant for an entertainer’s or manager’s license shall complete an application on forms provided by the city containing the information identified in this chapter. A copy of the application shall be provided to the police department for its review.

B. An applicant for a manager’s or entertainer’s license shall be issued a manager or entertainer’s license upon receipt of the completed application and fee.

C. A manager’s or entertainer’s license expires annually on December 31st and must be renewed by January 1st. The annual fee for this application and license shall be one hundred twenty-five dollars which amount shall be used to help defray the cost of administration of this section. An application for renewal shall contain such information as is necessary to update the information required for the original license application.

D. Each manager’s and entertainer’s license shall be conspicuously displayed in the adult cabaret at or near the main entrance so that it may be easily read at all times the manager or entertainer is working or performing in the adult cabaret. Each license shall contain the name of the licensee and date of expiration. One photograph of the licensee shall be affixed to the license. (Ord. 2113 § 4, 2003: Ord. 2094 § 1 (part), 2002).

5.44.120 License nontransferable.

No license issued pursuant to this chapter shall be transferable or assignable. (Ord. 2094 § 1 (part), 2002).

5.44.140 License term—Assignment—Renewals.

A. The business license is valid for one year and shall be renewed annually. The clerk shall have the authority to adjust the expiration date and to prorate the license fee of the license in order to coincide with state of Washington license expiration dates.

B. Application for renewal of licenses issued hereunder shall be made to the clerk no later than thirty days prior to the expiration of adult cabaret or adult panoram premises licenses, and no later than fourteen days prior to the expiration of adult cabaret or adult panoram premises manager and entertainer licenses. The renewal license shall be issued in the same manner and upon the payment of the same fees as for an original application under this chapter.

C. The clerk shall renew a manager’s or entertainer’s license upon receipt of the completed application and fee. The clerk shall renew an adult entertainment business license within fifteen days from the date of receipt of the completed application and fee. (Ord. 2113 § 6, 2003: Ord. 2094 § 1 (part), 2002).

5.44.150 Suspension or revocation of licenses.

A. Revocation. After an investigation and upon the written recommendation of the chief of police, director of the department of community development, or the fire chief or their designees, the city may seek revocation of any license issued pursuant to this chapter when the license was procured by fraud or false representation of material fact in the application.

B. Suspension. After an investigation and upon the written recommendation of the chief of police, director of the department of community development, or the fire chief or their designees, the city may seek suspension of any license issued pursuant to this chapter when one or more of the following conditions exist:

1. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter or any other applicable standards or regulation of the city code relating to buildings, structures, equipment, and zoning, and such violation constitutes a threat of immediate serious injury or damage to persons or property; or

2. The failure of the licensee or any of his or her servants, agents or employees to comply with the provisions of the Centralia Municipal Code or any other similar local or state law when the licensee knows or should have known of the violation committed by his or her servants, agents or employees; or

3. The conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as the term is defined in Chapter 69.50 RCW) committed on the premises; or

4. The conviction of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as the term is defined in Chapter 69.50 RCW) committed on the premises when the licensee knew or should have known of the violations committed by his or her servants, agents or employees.

C. Penalty. Action for Suspension or Revocation. The city may seek suspension or revocation of a license issued pursuant to the provisions of this chapter through an action in the Centralia municipal court. The penalty for violation of the licensing provisions of this chapter shall be suspension or revocation of the license or licenses to which the violation applies as provided in this section. (Ord. 2113 § 7, 2003: Ord. 2094 § 1 (part), 2002).

5.44.160 Standards of conduct and operation—Adult cabarets.

A. 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:

1. No employee or entertainer shall be unclothed or in 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 eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public.

2. 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)(1) 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult cabarets shall be placed into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.

B. At any adult cabaret, the following are required:

1. Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult cabaret to permit or allow any person under the minimum age specified to be in or upon such premises.

2. 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.

3. 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.

C. 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. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer’s license.

2. The licensed manager on duty shall not be an entertainer.

3. The manager or an assistant manager licensed under this chapter shall maintain visual observation of every patron 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, every patron, 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.

4. The manager shall be responsible for and shall assure that the actions of patrons, the adult entertainers and all other employees shall comply with all requirements of this chapter.

D. Premises—Specifications.

1. Performance Area. The performance area of the adult cabaret where adult entertainment as described in CMC 5.44.040 is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating area, and shall be separated by a distance of at least eight feet from all area of the premises to which members of the public have access. A continuous floor-mounted 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 the premises 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, draped, walls or any other obstruction whatsoever.

2. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public area of the premises so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers is hereby established for all areas of the adult cabaret where members of the public are admitted.

3. Signs. Signs, in both English and Spanish, 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 CODES AND REGULATIONS OF THE CITY OF CENTRALIA. ENTERTAINERS ARE:

A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT

B. NOT PERMITTED TO APPEAR SEMI-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. Record Keeping Requirements.

1. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk or his/her designee during the hours when the licensed premises are open for business, upon two days’ written notice from the city. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.

2. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours’ notice to the licensee.

F. Inspections. In order to ensure compliance with this chapter all areas of licensed 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 licensed premises are operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this chapter. (Ord. 2094 § 1 (part), 2002).

5.44.170 Hours of operation.

It is unlawful for any adult cabaret, adult panoram, adult theater or adult retail establishment to be operated or otherwise open to the public between the hours of two a.m. and ten a.m. (Ord. 2094 § 1 (part), 2002).

5.44.180 Premises regulations—Adult retail establishment.

The following standards of conduct must be adhered to by any adult retail establishment:

A. No advertisement, representation, or display of merchandise or equipment depicting or representing any specified anatomical areas and/or specified sexual activities shall be visible from any public street, alley, sidewalk, or any other public way; and

B. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit illumination requirements for the occupancy. (Ord. 2094 § 1 (part), 2002).

5.44.190 Premises regulations—Adult panoram premises.

The clerk shall not license any adult panoram premises which do not conform to the following requirements, and shall revoke or suspend the license of any adult panoram premises, and the license of any operator thereof, which do not maintain conformity with the following requirements:

A. Each adult panoram premises shall be designed, constructed, and maintained so that the door area of each adult panoram station is fully and completely visible by direct line of sight from a manager’s or cashier’s station which is staffed by a person who is licensed as provided in this chapter at all times when any adult panoram station is in use. Any door, curtain, or similar device on a panoram station shall leave an opening from the floor to twenty-four inches above the floor. No curtain, door, wall, merchandise, display rack, or other enclosure, material, or application may obscure in any way the view of any portion of the door area of each adult panoram station: provided, an adult panoram premises which is in existence on the date of adoption of this chapter is not required to comply with the requirement of complete visibility of the door area of this section so long as no curtain, door, wall, merchandise, display rack, or other enclosure, material, or application obscures in any way the view of any portion of the door area of each adult panoram station from an adjacent publicly accessible room or hallway.

B. Any locks on panoram station doors shall be capable of being immediately unlocked by every manager and employee who are on the premises. The licensee shall not permit any doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee to be locked during business hours, other than panoram station doors.

C. 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 thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers is hereby established for all areas of the adult panoram premises where members of the public are permitted.

D. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk or his/her designee during the hours when the licensed premises is open for business, upon two days’ written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.

E. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable city ordinances, the laws of the state of Washington and the United States. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the Uniform Building Code as adopted by the city of Centralia. All premises and devices must be inspected prior to issuance of a license.

F. In order to ensure compliance with this chapter all areas of an adult panoram premises that are open to members of the public must be open to inspection by agents and employees of the city during the hours when the premises are open for business. The purpose of such inspections must be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections of adult panoram premises are necessary to ensure compliance with this chapter.

G. An adult panoram premises may not be operated or otherwise open to the public between the hours of two a.m. and ten a.m. (Ord. 2122 § 1, 2004: Ord. 2113 § 8, 2003: Ord. 2094 § 1 (part), 2002).

5.44.200 Standards of conduct and operation of adult panoram premises and personnel.

A. All employees of an adult panoram premises must adhere to the following standards of conduct:

1. An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute, or any provision regulating offenses against public morals.

2. An employee may not knowingly permit actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute, or any provision regulating offenses against public morals by any other employee or member of the public.

B. At an adult panoram premises the following are required:

1. Admission must be restricted to persons of the age of eighteen years or older. An owner, operator, manager or other person in charge of the adult panoram premises may not permit or allow any person under the age of eighteen years to be in or upon the premises whether an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This subsection is not intended to be used in a prosecution of a minor on or within an adult panoram premises.

2. No advertisement, representation, or display of merchandise or equipment depicting or representing any specified anatomical areas and/or specified sexual activities shall be visible from any public street, alley, sidewalk, or any other public way.

3. A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the adult panoram premises that include but are not limited to rooms provided for the benefit of employees, or storage areas. However, a person delivering goods, merchandise, or materials, 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 the person’s job duties.

4. Restrooms may not contain video reproduction equipment and/or panoram devices.

5. All ventilation devices or openings between panoram stations or booths must be covered by a permanently affixed louver or screen. No portion of a ventilation opening cover may be located more than one foot below the top of the station or booth walls or one foot from the bottom of station or booth walls. There may not be any other holes or openings between the station or booths.

6. No panoram booth or station may be occupied by more than one person.

7. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult retail premises a sign stating substantially the following:

OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON.

THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, BOOTHS, OR ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT.

VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.

Each sign must be conspicuously posted in English and Spanish and not screened from the patron’s view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height.

8. Doors to areas of the adult panoram premises which are available for use by persons other than the owner, manager, operator, or their agents or employees may not be locked during business hours.

9. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment establishment that police officers or city code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises.

C. The responsibilities of the manager of an adult panoram premises shall include:

1. A licensed manager shall be on duty at an adult panoram premises at all times members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours.

2. Except as provided in CMC 5.44.190(A), the manager licensed under this chapter shall maintain visual observation from a manager’s station of all patrons. All adult panoram stations or booths must open to the public room so that the door areas of the booths are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located at the main entranceway to the public room containing the panoram stations or booths, except as provided in CMC 5.44.190(A), for an adult panoram premises which is in existence on the date of adoption of this chapter. Except as provided in CMC 5.44.190(A), no curtain, door, wall, merchandise, display rack, or other enclosure, material, or application may obscure in any way the manager’s view of any portion of the activity or occupant of the adult panoram premises.

3. The manager shall be responsible for and shall ensure that the actions of members of the public and all other employees shall comply with all requirements of this chapter. (Ord. 2122 § 2, 2004: Ord. 2094 § 1 (part), 2002).

5.44.210 Liquor regulations.

Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington State Liquor Control Board shall control. (Ord. 2094 § 1 (part), 2002).

5.44.220 Violation a misdemeanor.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished of a fine of one thousand five hundred dollars plus costs and assessments and/or ninety days in jail. (Ord. 2094 § 1 (part), 2002).

5.44.230 Nuisance declared.

A. Public Nuisance. Any adult cabaret or adult panoram premises operated, conducted, or maintained in violation of this chapter or any law of the city of Centralia 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 shall 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 or adult panoram premises contrary to the provisions of this chapter.

B. Moral Nuisance. Any adult cabaret or adult panoram premises operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, 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. 2094 § 1 (part), 2002).

5.44.240 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 business license ordinance or other regulations herein adopted. (Ord. 2094 § 1 (part), 2002).

5.44.250 Existing adult oriented businesses.

Existing adult oriented businesses shall have ninety days after the effective date of this chapter to be brought into conformance with the requirements of this chapter with the exception of business location and proximity of adult entertainment business types as provided in CMC 5.44.030(C). (Ord. 2113 § 9, 2003: Ord. 2094 § 1 (part), 2002).

5.44.270 Code violations and enforcement.

The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. (Ord. 2094 § 1 (part), 2002).

5.44.280 Conflicting sections or provisions.

In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter and those set forth elsewhere in the city code, the sections and provisions of this chapter govern and supersede those set forth elsewhere. (Ord. 2094 § 1 (part), 2002).

5.44.290 Chapter not intended towards particular group or class.

A. It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. Nothing contained in this chapter is intended or shall be construed to create or form the basis for any liability on the part of the city or its officers, employees, or agents for any injury or damage:

1. Resulting from the failure of any owner, operator, manager, or other person in the adult entertainment business premises to comply with the provisions of this chapter;

2. By reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter; or

3. By reason of any action or inaction on the part of the city related in any manner to the implementation or enforcement of this chapter by its officers, employees, or agents. (Ord. 2094 § 1 (part), 2002).