Chapter 5.124
PANORAMS, PREVIEWS, PICTURE ARCADES AND PEEP SHOWS
Sections:
5.124.030 Panoram premise license required.
5.124.040 Panoram manager’s license required.
5.124.050 Panoram device license required.
5.124.060 License fees—Term—Assignment—Renewals.
5.124.070 License application—Report by city departments.
5.124.080 Licensing—Compliance with other city ordinances.
5.124.100 Issuance of licenses.
5.124.110 Suspension or revocation of licenses—Notice—Summary suspension or revocation.
5.124.120 Premises regulations.
5.124.130 Violation a misdemeanor.
5.124.010 Preamble.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of the city through the regulation of the operations of panoram premises. The regulations set forth in this chapter are intended to prevent health and safety problems in and around panoram premises and to prevent dangerous and unlawful conduct in and around panoram premises. (Ord. 1197-85 § 1(A), 1985)
5.124.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
A. “Clerk” means the city clerk of the city who is designated by the mayor as licensing official under this chapter. It also includes his/her designee.
B. “Panoram,” “preview,” “picture arcade” or “peep show” means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view or other graphic display. All such devices are denominated in this chapter by the terms panoram or panoram device. The terms panoram and panoram device as used in this chapter do not include games which employ pictures, views or video displays, or gambling devices regulated by the state or by Chapter 5.12 of this title.
C. “Panoram manager” means any person who manages, directs, administers or is in charge of, the affairs and/or the conduct of any panoram premise.
D. “Panoram premise” means any premise on which any panoram device is located and to which members of the public are admitted. The term panoram premise as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.
E. “Panoram station” means the portion of any panoram premises on which a panoram device is located and from which the panoram picture, view or graphic display is to be viewed. (Ord. 1197-85 § 1(B), 1985)
5.124.030 Panoram premise license required.
A. It is unlawful to display, exhibit, expose or maintain upon any premise to which members of the public are admitted any panoram device without a valid and current license for such premises, to be designated a panoram premise license.
B. A separate license is required for each panoram premise and the same shall at all times be conspicuously posted and maintained therein.
C. The clerk shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder, and the location of the licensed panoram premise. (Ord. 1197-85 § 1(C), 1985)
5.124.040 Panoram manager’s license required.
A licensed manager shall be on the premises of a panoram premise at all times and that the panoram premise is open for business. No person shall work as a manager at a panoram premise without first having obtained a manager’s license from the city clerk pursuant to this chapter. (Ord. 1197-85 § 1(D), 1985)
5.124.050 Panoram device license required.
A. It is unlawful to exhibit or display for public use any panoram device upon any panoram premise without first having obtained a license for each such panoram device, to be designated a panoram device license.
B. Panoram device licenses shall be issued for specific panoram premises only and shall not be transferable.
C. The current panoram device license for each panoram device shall be securely attached to such panoram device in a conspicuous place.
D. The clerk shall prescribe the form of such license and number the same. (Ord. 1197-85 § 1(E), 1985)
5.124.060 License fees—Term—Assignment—Renewals.
A. The license year shall be from January 1st to December 31st of each year. All licenses shall expire on the 31st 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 as follows:
Panoram Premise License $300.00
Per annum Panoram Device License 15.00
Per annum for each device Panoram
Manager’s License $5.00 per annum
B. 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. Licenses issued under this chapter may not be assigned or transferred to other operators, premises or devices.
C. Applications for renewal of licenses issued under this chapter shall be filed with the clerk on or before the expiration date provided for in this section in the same manner as the original application providing the clerk 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. 1241-86 § 1, 1986; Ord. 1197-85 § 1 (F), 1985)
5.124.070 License application—Report by city departments.
A. Any person seeking a panoram premise, panoram manager’s or panoram device license shall file a written application with the clerk on a form provided by the clerk for that purpose. All applications for a panoram premise license shall be submitted in the name of the person or entity proposing to conduct such business and shall be signed by such person or his agent and notarized or certified as true under penalty of perjury. All applications for a panoram premise license shall be submitted on a form supplied by the clerk, which form 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 establishment.
3. The names, addresses, telephone numbers, and social security numbers of any partners or corporate officers.
4. The name, address and telephone number of the owner of the property on which the panoram premise is located.
B. All applications for a panoram device license shall be submitted on a form supplied by the clerk and shall be submitted in the name of the person or entity owning the panoram devices and shall be signed by such person or his agent and notarized or certified as true under penalty of perjury.
The form shall require the following information:
1. The business name, address and telephone number of the location of the panoram devices;
2. The name, address and telephone number of the owner of the panoram devices;
3. A description of each of the panoram devices located at the location in subsection B 1 of this section;
4. The name and address of the owner of the business where the panoram devices are located as described in subsection B 1 of this section.
C. All applications for a manager’s license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. At the time of application a picture shall be taken of the applicant by the city clerk. All applications shall be submitted on a form supplied by the city clerk, which shall require the following information:
1. The applicant’s name, home address, home telephone number, date and place of birth and social security number;
2. With the application the applicant shall present picture identification which shall include (i) a motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth; or (ii) an identification card bearing the applicant’s photograph and date of birth;
3. The city clerk shall issue the license promptly upon receipt of the application, the information required to be in the application, the investigation by the police department in accordance with subsection E of this section, and the license fee.
4. If the identity of any person or entity defined in subsection A3 of this section changes, notice shall be provided in writing to the city clerk forthwith. The information required to be provided pursuant to this section shall be that information required pursuant to subsection A3 of this section.
E. The clerk, upon presentation of such panoram premise, panoram device and manager’s applications and before acting upon the same, shall refer such applications to the police department, which shall make a full investigation as to the truth of the statements contained therein. (Ord. 1241-86 § 2, 1986: 1197-85 § 1(G), 1985)
5.124.080 Licensing—Compliance with other city ordinances.
All other city approvals and permit issuance other than those specifically set forth in this chapter including but not limited to fire, building and zoning, are separate from the licensing process set forth in this chapter, notwithstanding Chapter 5.04 of this code. The granting of any license or the providing of any approval pursuant to this chapter shall not be deemed to be an approval of any city permit or approval not specifically set forth in this chapter. (Ord. 1197-85 § 1(H), 1985)
5.124.090 Inspections.
Licensees operating premises and devices licensed under this chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by the city during business hours to ensure compliance with the requirements of this chapter. This section shall not restrict or limit the right of entry vested in any law enforcement agency or the fire department. (Ord. 1197-85 § 1(I), 1985)
5.124.100 Issuance of licenses.
A. After an investigation, the clerk shall issue the applicable license or licenses authorized by this chapter if the clerk finds:
1. That the applicant complies with all of the requirements of this chapter; and
2. That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not made any false, misleading or fraudulent statement of fact in the application for a license, or in any report or record required to be filed with the clerk.
B. The license application shall be approved or disapproved within ten working days from the date of filing a completed application which complies with the requirements of this chapter, unless the applicant agrees to an extension of the time period in writing.
C. In the event that the city denies a license, the city shall within the aforesaid ten-day period notify the applicant of the denial and the reasons therefor. The denial shall be for a period of time not to exceed one year. Such decision of the clerk shall be final and conclusive as of the date of the notification, unless within fifteen days following the notification the applicant obtains a writ of certiorari from the Superior Court of Washington for Snohomish County for purpose of review of the clerk’s denial. If the applicant obtains such a writ of certiorari, the clerk’s denial will be stayed. The applicant will be provided a temporary permit. Such temporary permit will remain in effect until a final judicial determination on the merits is reached. Any applicant issued a temporary permit shall comply with the provisions of this chapter and such permit shall be withdrawn by the city in the event the permittee violates any provisions of this chapter. Additionally, any applicant issued a temporary permit shall be subject to the penalty provisions provided in this chapter. (Ord. 2057-95 § 1 1995: Ord. 1241-86 § 3, 1986; Ord. 1197-85 § 1(J), 1985)
5.124.110 Suspension or revocation of licenses—Notice—Summary suspension or revocation.
The city clerk may suspend or revoke any license issued pursuant to this chapter for a period of time not to exceed one year where one or more of the following conditions exist:
A. The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the clerk;
B. The building, structure, equipment, operation 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;
C. The licensee, his or her employee, agent, partner, director, officer or manager has violated or permitted violation of any of the provisions of this chapter.
The procedure for revoking or suspending a license under this chapter shall be the following: Upon determining that grounds for revocation or suspension exist, the city clerk shall send the licensee a notice of intent to revoke or suspend the license. Such notice shall set forth the grounds for suspension or revocation and schedule a hearing before the clerk or his/her designee. The hearing shall be held no earlier than ten and no later than thirty days from the date of notice of intent to revoke. The licensee shall be permitted to present evidence in support of his position at the hearing. Within two working days after the hearing, the hearing examiner shall notify the licensee in writing of his/her determination and reasons therefor. Such decision of the hearing examiner shall be final and conclusive as of the date set forth in the decision, unless within fifteen days following the effective date of the hearing examiner’s decision the licensee obtains a writ of certiorari from the Superior Court of Washington for Snohomish County for purpose of review of the hearing examiner’s decision. If the licensee obtains such a writ of certiorari, the decision of the hearing examiner will be stayed until a final judicial determination on the merits is reached. If the licensee fails to obtain such a writ of certiorari within fifteen days following the effective date of the hearing examiner’s decision, the city attorney may invoke the aid of the appropriate court to secure enforcement and compliance with the hearing examiner’s decision. (Ord. 2057-95 § 2, 1995: Ord. 1241-86 § 4, 1986; Ord. 1197-85 § 1(K), 1985)
5.124.120 Premises regulations.
A. The entire interior of the panoram premises shall be arranged in such a manner so that each panoram station therein is entered from a continuous main aisle at least five feet in width.
B. The view from the continuous main aisle of any person inside a station shall not be obstructed except by a door, curtain or other screening device of no greater dimensions than that permitted in this section, and in no event may the view from the continuous main aisle into the station be obstructed, or the station be designed in such a way as to prevent the determination of the number of persons therein.
C. The bottom of any door, curtain or screening device shall be not less than twenty-seven inches above the floor of the panoram station in panoram stations where the occupant sits in a chair or on a seating surface to view the panoram. In panoram stations where the occupant stands to view the panoram, the bottom of any door, curtain or screening device shall not be less than thirty-six inches above the floor of the panoram station.
D. No panoram station having a door, curtain or other screening device at its entrance shall contain any chair or other seating surface unless the door, curtain or screening device has, at a location between sixty-six and seventy-eight inches above the floor, an opening twelve inches in height and at least twenty-four inches in width which provides an unobstructed view through either open space or clear and clean window glass, to the side walls and back wall of the station. Any chair or seating surface in such panoram station shall not provide a seating surface more than twenty inches in either length of width and shall not be higher than twenty inches from the floor. There shall be no more than one such chair or seating surface in any panoram station.
E. Doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee shall not be locked during business hours.
F. Illumination shall be maintained which is generally distributed in all parts of the premises available for use by the public including the panoram stations. The premises shall be illuminated so that patrons or others on any part of the premises shall be able to read the Washington State Liquor Control Board card or other written instrument, printed in eight-point type. A copy of the Washington State Liquor Control Board card, printed in eight-point type, is attached to the ordinance from which this section derives as Exhibit A. It or an accurate photocopy or other reproduction thereof is presumed admissible in any judicial proceedings commenced under this chapter.
G. The entire floor area of a panoram station must be level with the continuous main aisle. No steps or risers are allowed in any such station.
H. There shall be permanently posted and maintained in at least two conspicuous locations on the interior of every panoram premises a sign stating substantially the following: “Occupancy of any station (booth) is at all times limited to only one person. There is to be no masturbation in the panoram stations (booths) or on the panoram premises. Violators are subject to criminal prosecution under City of Everett Ordinance No. 1197-85 (as amended).”
Each sign shall be conspicuously posted. The letters and numerals shall be on a contrasting background and be no smaller than three-fourths-inch in height.
I. The licensee shall not operate or maintain any warning system or device, of any nature or kind, for the purpose of warning customers or patrons or any other persons occupying panoram stations located on licensee’s premises that police officers or city health, fire, licensing or building inspectors are approaching or have entered the licensee’s premises. (Ord. 2057-95 § 3, 1995: Ord. 1315-86 § 1, 1986; Ord. 1197-85 § 1(L), 1985)
5.124.125 Prohibited acts.
A. Any panoram station subject to the requirements of this chapter may only be occupied by one person at any one time. It shall be unlawful for any person to occupy such a station at the same time it is occupied by any other person.
B. It shall be unlawful to stand or kneel on any chair or seating surface in a panoram station.
C. It shall be unlawful for any owner, operator, manager, employee or other person in charge of premises for which a panoram premises license is required, to warn, or aid and abet the warning of, customers or patrons or any other persons occupying panoram stations located on panoram premises that police officers are approaching or have entered the licensee’s premises.
D. It shall be unlawful to masturbate in a panoram station or in the panoram premises. (Ord. 1315-86 § 2, 1986)
5.124.130 Violation a misdemeanor.
Any person who knowingly violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days, or both imprisonment and fine. Each separate day or any portion thereof, during which any violation of any provision of this chapter occurs or continues, shall be deemed a separate and distinct offense. (Ord. 1197-85 § 1(M), 1985)