Chapter 12.10 ADULT ENTERTAINMENT

(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 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

(3) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

“Adult entertainment establishment” means any commercial premises to which any patron is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial part of the premises activity.

“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 establishment, based on responsibility for management of the adult entertainment business.

“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 establishment.

“Entertainer” means any person who provides live adult entertainment whether or not a fee is charged or accepted for such entertainment.

“Manager” means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.

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

“Panoram” or “peepshow” means any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances.

“Panoram premises” means any premises or portion of a premises or portion of a premises on which a panoram is located and which is open to the public, including through membership.

“Sexual conduct” means acts of (1) sexual intercourse within its ordinary meaning; or (2) any contact between persons involving the sex organs of one person and the mouth or anus of another; or (3) masturbation, manual or instrumental, of oneself or of one person by another; or (4) touching of the sex organs or anus, of oneself or of one person by another.

(Ord. No. 09-600, § 5, 1-6-09; Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 2, 5-1-90. Code 2001 § 9-71.)

Cross reference: Definitions and rules of construction generally, FWRC 1.05.020.

12.10.020 Findings of fact.

Based on public testimony and other evidence presented to it, the city council makes the following findings of fact:

(1) The secondary effects of the activities defined and regulated in this chapter are detrimental to the public health, safety, morals, and general welfare of the citizens of the city and, therefore, such activities must be regulated.

(2) Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.

(3) Proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare.

(4) The activities described in subsections (2) and (3) of this section occur, in the absence of regulation, regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages.

(5) It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors; to ensure that each such 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.

(6) It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment, including the actions of patrons, entertainers and other employees.

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

(8) Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. These hidden ownership interests have historically been held by organized and white collar crime elements. In order for the city to effectively protect the public health, safety, morals and general welfare of its citizens and effectively allocate its law enforcement resources it is important that the city be fully apprised of the actual ownership of adult entertainment establishments, and identities and backgrounds of persons responsible for management and control of the adult entertainment establishment.

(9) It is not the intent of this chapter to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article 1, Section 5 of the Washington State Constitution, but rather to enact time, place and manner regulations which address the compelling interests of the city in mitigating the secondary effects of adult entertainment establishments.

(10) In an undercover operation in 1995, police officers entered the Deja Vu adult entertainment establishment in Federal Way, Washington over an approximately five-month period. Approximately 24 criminal violations were charged for acts occurring while the officers were inside Deja Vu. Police officers repeatedly observed managers ignoring criminal law violations committed inside Deja Vu, within a short distance from the manager. Managers would look at the patrons/officers while criminal violations were committed by the entertainers. Entertainers continuously violated the Federal Way Revised Code. There have been numerous instances where entertainers masturbate the patrons and where the entertainers, without invitation, press their vaginas on the genital area and mouths of the patrons, including undercover officers.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 1, 5-1-90. Code 2001 § 9-72.)

12.10.050 Business hours.

No adult entertainment shall be conducted between hours of 2:00 a.m. and 10:00 a.m.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 10, 5-1-90. Code 2001 § 9-75.)

12.10.060 Activities not prohibited.

This chapter shall not be construed to prohibit:

(1) Plays, operas, musicals or other dramatic works which are not obscene;

(2) Classes, seminars and lectures held for serious scientific or educational purposes; or

(3) Exhibitions or dances which are not obscene.

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 prurient interest in sex; and

(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);

(Ord. No. 09-598, § 3, 1-6-09; Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(D), 5-1-90. Code 2001 § 9-76.)

Article II. Licenses

12.10.150 License for establishment required – Fee – Expiration.

(1) Adult entertainment establishments shall not be operated or maintained in the city unless the owner or operator has first obtained a license from the city clerk, as set forth in this chapter. It is unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult entertainment establishment.

(2) The fee for an adult entertainment establishment license in the city as required in this article is $500.00 per year.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 3, 5-1-90. Code 2001 § 9-106.)

12.10.160 License for managers, entertainers required – Fee.

No person shall work as a manager, assistant manager, or entertainer at an adult entertainment establishment without having first obtained a manager’s or an entertainer’s license from the city clerk. The annual fee for such a license shall be $50.00.

(Ord. No. 09-599, § 40, 1-6-09; Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 4, 5-1-90. Code 2001 § 9-107.)

12.10.170 Due date for license fees.

(1) The license fee required by FWRC 12.10.150 is due and payable to the city clerk at least two weeks before the opening of the adult entertainment establishment.

(2) The license fee required by FWRC 12.10.150 and 12.10.160 are due and payable to the city clerk before the beginning of such entertainment or beginning employment.

(3) Every license issued or renewed pursuant to this chapter shall expire on December 31st of each year.

(4) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 5, 5-1-90. Code 2001 § 9-108.)

12.10.180 Renewal of license – Late penalty.

A late penalty shall be charged on all applications for renewal of a license received later than seven days after the expiration date of such license as set forth in the respective resolution or ordinance establishing the expiration date of such license. The amount of such penalty is fixed as follows:

Days Past Due	Additional Percentage of License Fees
8 – 30	25
31 – 60	50
61 and over	100

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 6, 5-1-90. Code 2001 § 9-109.)

12.10.190 Adult entertainment establishment license applications.

(1) Required information. All applications for an adult entertainment establishment license shall be submitted to the clerk pursuant to FWRC 12.05.050 in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises. All applications shall include the following information and documents:

(a) The location and doing-business-as name of the proposed adult entertainment establishment, 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.

(b) For the applicant and for each applicant control person, the names, any aliases or previous names, driver’s license number, if any, Social Security number if any, and business, mailing, and residential address, and business telephone number.

(c) The type of business organization the applicant is, such as a partnership, whether general or limited, or a corporation; and, if a corporation, the date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

(d) For the applicant and each applicant control person, list any other current or prior licenses held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panorams, whether from the city or another city, county, state; the names and addresses of each other such licensed business; and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.

(e) For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court, and disposition.

(f) For the applicant and all applicant control persons, a description of business, occupation, or employment history for the three years immediately preceding the date of the application.

(g) Written authorization for the city, its agents and employees to obtain any information needed to confirm any statements or information set forth in the application.

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

(i) For the applicant or each applicant control person, a complete set of fingerprints prepared at the King County department of public safety or on forms prescribed by the department.

(j) Building plans and a scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, marked dimensions of the interior of the premises, performance areas, seating areas, manager’s office and stations, restrooms and service areas.

(k) Documentation demonstrating compliance with the provisions of the city’s zoning code concerning allowable locations for adult entertainment establishments.

(2) The clerk shall attempt to notify the applicant within five working days of a submittal of an application if application is incomplete.

(Ord. No. 09-599, § 41, 1-6-09; Ord. No. 97-298, § 1, 8-5-97; Ord. No. 97-290, § 1, 3-4-97; Ord. No. 95-241, § 1, 8-15-95; Ord. No. 92-129, § 1, 3-17-92; Ord. No. 90-55, § 7(A), (B)(1) – (3), 5-1-90. Code 2001 § 9-110.)

12.10.192 Manager or entertainer license application.

An application for a manager or entertainer license shall include the following information:

(1) The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by the Federal Way police department, Social Security number, and any stage names or nicknames used in entertaining.

(2) The name and address of each business at which the applicant intends to work.

(3) Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:

(a) A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

(b) A state-issued identification card bearing the applicant’s photograph and date of birth;

(d) An immigration card issued by the United States of America; or

(e) Any other identification that the city determines to be acceptable.

(4) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.

(5) A description of the applicant’s principal activities or services to be rendered.

(6) Two two-inch by two-inch photographs of an applicant, taken within six months of the date of application, showing only the full face.

(7) Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.

(Ord. No. 09-599, § 42, 1-6-09. Code 2001 § 9-110.3.)

12.10.194 Adult entertainment license issuance.

(1) The clerk shall notify city departments of a complete application for an adult entertainment establishment license pursuant to FWRC 12.05.050. Each department notified of the application shall, within 25 days of the date of the application, inspect the application and premises and make a written report to the clerk whether such application and premises complies with the laws administered by such department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises’ compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to the premises’ construction shall contain a condition that the premises may not be open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

(2) The clerk shall issue a license under this chapter within 30 days of the date of filing a license application and fee for an adult entertainment establishment license or within 14 days of the date of filing a license application and fee for a manager or entertainer license, unless the clerk determines that the application is incomplete; the applicant has failed to meet any of the requirements of this chapter; the applicant has failed to provide any required information; or that the applicant has made a false, misleading, or fraudulent statement of material fact on the application. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of the license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law.

(3) If the clerk fails to find an application for an adult entertainment establishment license incomplete, issue the license, or deny the license within 30 days of the date of filing of the application, the applicant shall be permitted, subject to any other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days. The adult entertainment establishment license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed establishment.

(4) An applicant for a manager or entertainer license shall be issued a temporary license upon receipt of a license application and fee. The temporary license automatically expires on the 14th day following the filing of the application and fee, unless the clerk fails to find the application incomplete, issue the license, or deny the license; in which case the temporary license shall be valid until the clerk approves or denies the application. In no event may the clerk extend the application review time for more than an additional 20 days.

(Ord. No. 09-599, § 43, 1-6-09. Code 2001 § 9-110.3.)

12.10.196 Display of entertainer’s license.

Every adult entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall keep the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult entertainment establishment.

(Ord. No. 09-599, § 44, 1-6-09. Code 2001 § 9-110.7.)

12.10.200 Manager on premises.

A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 8, 5-1-90. Code 2001 § 9-112.)

Article III. Regulations

12.10.210 Exception from article.

This article does not apply to taverns and premises maintaining liquor licenses and which are subject to the rules and regulations of the Washington State Liquor Control Board.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(G), 5-1-90. Code 2001 § 9-127.)

12.10.220 Standards of conduct and operation.

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

(1) No employee or entertainer shall be unclothed or in such 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 18 inches above the immediate floor level and removed at least eight feet from the nearest patron.

(2) No employee or entertainer mingling with patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (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 patrons shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus or buttocks.

(4) No employee or entertainer shall caress, fondle or erotically touch any patron. No employer or entertainer shall encourage or permit any patron to caress, fondle or erotically touch any employee or entertainer. No employee or entertainer shall sit on a patron’s lap or separate a patron’s legs.

(5) No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this title, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute.

(6) No employee or entertainer mingling with patrons shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than four feet from the patron or patrons for whom dance, performance or exhibition is performed.

(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 patron. 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 entertainment establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment establishment shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(A)(1) – (6), 5-1-90. Code 2001 § 9-128.)

12.10.230 List of entertainments, fees.

There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(A)(7), 5-1-90. Code 2001 § 9-129.)

12.10.240 Physical layout of premises – Sight obstructions.

Every place offering adult entertainment shall be physically arranged in such a manner that:

(1) Performance area. The performance area where adult entertainment as described in FWRC 12.10.010 is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which patrons have access. A continuous railing three to five feet in height above the floor 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 cubicles, rooms or stalls 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, drapes or any other obstruction whatsoever.

(2) No activity or entertainment occurring on the premises shall be visible at any time from any other public place.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(A)(8), 5-1-90. Code 2001 § 9-130.)

12.10.250 Notice to customers.

A sign shall be conspicuously displayed in a common area of the premises which shall read as follows:

This adult entertainment establishment is regulated by the city. Entertainers are:

(1) Not Permitted to Engage in Any Type of Sexual Conduct.

(2) Not Permitted to Appear Semi-Nude or Nude, Except on Stage.

(3) Not Permitted to Accept Tips or Gratuities in Advance of Their Performance.

(4) Not Permitted to Accept Tips or Gratuities Directly from Patrons while Performing upon Any Stage Area.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(A)(10), 5-1-90. Code 2001 § 9-132.)

12.10.260 Additional requirements for peepshows.

The following additional requirements must be adhered to at any panoram or peepshow:

(1) The interior of the panoram or peepshow premises shall be arranged in such a manner as to ensure that customers are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the entrance to such premises.

(2) The licensee shall not permit any doors to public areas on the premises to be locked during business hours.

(3) Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector.

(4) Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(B), 5-1-90. Code 2001 § 9-133.)

12.10.270 Additional requirements for adult entertainment establishments.

At any adult entertainment establishment the following are required:

(1) Admission must be restricted to persons of the age of 18 years or more.

(2) No adult entertainment shall be visible outside of the adult entertainment establishment, nor any photograph, drawing, sketch or other pictorial or graphic representation which includes lewd matter as defined in Chapter 7.48A RCW or display of sexually explicit material in violation of RCW 9.68.130.

(3) Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away.

(Ord. No. 95-241, § 1, 8-15-95; Ord. No. 90-55, § 9(C), 5-1-90. Code 2001 § 9-134.)

Cross reference: Crimes relating to public morals, Chapter 6.45 FWRC.

State law references: Labeling on material, RCW 9.68.060; obscenity and pornography, RCW 9.68.015 et seq.