Chapter 5.06
CABARETS – LICENSED PREMISES
Sections:
5.06.010 Licensed premises – Hours of sale of liquor restricted.
5.06.030 Cabaret – License required.
5.06.040 Persons ineligible for license.
5.06.050 Cabaret premises – Ineligible for license.
5.06.060 Application procedure.
5.06.090 Revocation of license.
5.06.100 Construction – Conflict of laws.
5.06.110 Violations – Penalty.
5.06.010 Licensed premises – Hours of sale of liquor restricted.
No intoxicating liquor shall be sold or dispensed within the City of Everson between the hours of 2:00 a.m. and 6:00 a.m. [Ord. 319 § 1, 1985.]
5.06.020 Definitions.
The words used in this chapter shall have their usual and ordinary meanings, and the words set out in this section shall have the following meanings:
A. “Cabaret” means any room, place, space, or premises located in or associated with any premises licensed for the sale of liquor by the Washington State Liquor Control Board in which dancing is performed by employees, invitees, or permitees of the owners or operators of the premises for the entertainment of patrons.
B. “Alcohol,” “beer,” “liquor,” “malt beverage,” “malt liquor,” “spirits,” and “wine” shall be defined as provided in RCW 66.04.010(1), (2), (15), (17), (28), and (34), respectively, and the same are incorporated herein by this reference.
C. “Person” means and includes natural persons of either gender, co-partnerships, corporations, whether acting in itself or by servant, agent, or employee, and/or associations.
D. Words of the masculine gender shall be held to include the feminine and words in the singular shall include plural. [Ord. 319 § 1, 1985.]
5.06.030 Cabaret – License required.
No person shall operate, conduct, manage, permit, or allow a cabaret or cabaret dancing on property leased, owned, or under their control unless the person is the holder of a valid and subsisting cabaret license from the City of Everson, obtained in the manner herein provided. Each license issued shall be for the calendar year, or any part thereof yet remaining and shall expire on the December 31st next following the date of issuance of the license.
A cabaret license is personal to the applicant at the location specified in the license and is not transferable to either another person or to a new location, except upon complete and new application therefor. [Ord. 319 § 1, 1985.]
5.06.040 Persons ineligible for license.
No license shall be issued to or may be held by:
A. Any individual person who is not a citizen of the United States;
B. Any individual person who has been convicted of a felony, or any crime involving moral turpitude within five years prior to making the application or during the term of the license;
C. Any individual person who is not a resident of Whatcom County;
D. Any individual person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee;
E. A corporation or partnership, unless all the officers, directors, shareholders and partners thereof shall be qualified to obtain a license as provided herein;
F. Any individual person not the owner of the premises to be licensed, unless the owner shall be qualified to obtain a license as provided herein. [Ord. 319 § 1, 1985.]
5.06.050 Cabaret premises – Ineligible for license.
No license shall be issued to any person for the operation of a cabaret on any premises:
A. Which is located within 1,000 feet of a school;
B. Which is located within 1,000 feet of a church, unless the licensee agrees to a license restriction prohibiting operation of the cabaret on the same calendar day of worship or other regularly scheduled religious activities at the church;
C. Which is located within 1,000 feet of any other cabaret;
D. Is not in compliance or conformance with the substantive provisions of the State Building Code, including the Uniform Building Code, the Uniform Mechanical Code, the Uniform Fire Code, the Uniform Plumbing Code, and the Washington State Regulations for Barrier Free Facilities. [Ord. 319 § 1, 1985.]
5.06.060 Application procedure.
Every person desiring to secure a cabaret license shall submit a written application for each cabaret premises with the City Clerk, together with an investigation fee of $100.00. The application form shall be prepared by the City Clerk and shall request such information as is necessary in order to process the application. Upon receipt of an application, the City Clerk shall first ascertain its sufficiency, and if incomplete, shall return the same, together with the investigation fee, to the applicant within 10 days. If the City Clerk finds the application to be complete, a copy of the application shall be forwarded to the chief law enforcement officer of the City for investigation as to the eligibility of the applicant to obtain a license, and a copy to the building inspector for investigation as to the eligibility of the premises for a cabaret license. Within 30 days of the date of application, the City Clerk shall refer the application, together with the findings of the chief law enforcement officer and the building inspector, to the City Council, who may:
A. Deny the license application for ineligibility;
B. Approve the application and direct the City Clerk to issue a cabaret license; or
C. Conditionally approve the application and direct the City Clerk to issue the cabaret license upon certification from a specified official of the City that enumerated deficiencies in the application or matters making the applicant or premises ineligible for the license have been cured by the applicant by a date certain. [Ord. 319 § 1, 1985.]
5.06.070 License fee.
There is hereby imposed an annual cabaret license fee of $250.00. The initial cabaret license fee shall be paid after the application is approved and before the cabaret license is issued. The license fee shall be for the calendar year or any part thereof. An existing cabaret license may be renewed by payment of the next year’s license fee on or before the date of expiration of the current cabaret license year. [Ord. 319 § 1, 1985.]
5.06.080 Prohibited conduct.
The following acts or conduct on licensed premises are prohibited:
A. To employ, permit, or allow any person in or upon the licensed premises’ while such person is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
B. To encourage, permit, or allow any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, or genitals of any other person.
C. To permit any employee or person to wear or use any device or covering, exposed to view, which simulates human breasts, genitals, anus, pubic hair, or any portion thereof.
D. To permit any person to perform acts of or acts which simulate:
1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
2. The touching, caressing, or fondling of human breasts, buttocks, anus or genitals.
3. The displaying of human pubic hair, anus, vulva or genitals.
E. To employ, permit, cause, or allow any person to dance for the entertainment of the patrons except when removed at least six feet from the nearest patron.
F. To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.
G. To permit the showing of film, still pictures, electronic reproduction, or other visual reproductions depicting persons or conduct prohibited by subsections A through F, inclusive, of this section.
H. To permit cabaret dancing between midnight and 6:00 a.m.
I. To permit any person violating any of subsections A through H, inclusive, of this section to remain upon the premises.
J. To operate or attempt to operate any cabaret while either the premises or any cabaret owner or premises owner is ineligible for a cabaret license.
K. If an admission fee is charged, to permit patrons to leave the premises and re-enter without the payment of an additional admission charge.
L. To permit an entry of a greater number of patrons on the premises than for which seating is available.
M. To permit any person under 21 years of age to enter or remain upon the premises during cabaret dancing.
N. To permit or allow any person apparently under the influence of intoxicating liquor to enter or remain upon the premises during cabaret dancing. [Ord. 319 § 1, 1985.]
5.06.090 Revocation of license.
The City Council reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time where procured by fraud or false representation of fact at the time of application, or for violation of any of or failure to comply with any of the provisions of this chapter by the cabaret license holder, or any of his servants, agents, or employees, or in the event that the cabaret license holder or the cabaret premises become ineligible for a license after a license is issued. Before revoking any cabaret license, the City Council shall, upon at least seven days’ notice to the cabaret license holder, permit the cabaret license holder to be heard and introduce testimony of witnesses at a regular or special meeting of the City Council at the time and place identified in the notice. In the event the City Council revokes the license, the licensee shall return the cabaret license to the City Clerk within 48 hours of the City Council action. [Ord. 319 § 1, 1985.]
5.06.100 Construction – Conflict of laws.
This chapter shall not be construed as imposing a license fee upon the sale or privilege of selling beer, wine, or any intoxicating liquors, but rather as imposing a license fee solely upon the business for the privilege of conducting cabaret dancing in connection therewith. [Ord. 319 § 1, 1985.]
5.06.110 Violations – Penalty.
Any violation of this chapter, or of any of the terms and provisions thereof, is unlawful, and any person convicted of a violation thereof shall be subject to punishment as a misdemeanor. [Ord. 319 § 1, 1985.]