Chapter 5.26
LICENSING FOR ADULT ENTERTAINMENT ESTABLISHMENTS1
Sections:
5.26.040 License application--Fee.
5.26.080 Standards of conduct and operation.
5.26.090 Additional requirements for adult entertainment establishments.
5.26.100 List of entertainments--Fee.
5.26.120 Activities not prohibited.
5.26.130 Suspension or revocation.
5.26.010 Intent.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of the city of Goldendale through the regulation of the operations of adult entertainment establishments. The regulations set forth in this chapter are intended to prevent health and safety problems in and around entertainment establishments and to prevent dangerous and unlawful conduct in and around adult entertainment establishments. (Ord. 1376 §1(part), 2008)
5.26.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
A. “Adult entertainment” shall mean any of the following:
1. Any exhibition, performance, or dance by an entertainer of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed 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.
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;
c. Fondling or other erotic touching of human genitals, pubic area, buttocks, or female breast.
B. “Adult entertainment establishment” shall mean any commercial premises or club to which any patron is invited or admitted and where adult entertainment is provided.
C. “Adult motel” shall mean a hotel, motel, or similar establishment that offers a sleeping room for rent for a period of time less than ten hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
D. “Applicant” shall mean the individual, business, or entity seeking an adult entertainment business.
E. “Applicant control person” shall mean 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 and/or establishment.
F. “Employee” shall mean 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.
G. “Entertainer” shall mean any person who provides live adult entertainment in any public place, whether or not a fee is charged or accepted for such entertainment.
H. “Finance department” shall mean the city of Goldendale clerk-treasurer.
I. “Manager” shall mean 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 entertainment establishment.
J. “Operator” shall mean any person operating, conducting, or maintaining an adult entertainment establishment.
K. “Picture machine” shall mean any machine, instrument, or device showing moving pictures, slides, plain, colored or three-dimensional pictures, or any picture device of a similar nature depicting sexual conduct or specified anatomical areas, the operation of which is made possible by the insertion or placing of any coin, plate, disc, or slug into the slot or other receptacle, or by the payment of any consideration to another for such purpose.
L. “Sexual conduct” shall mean acts of (1) sexual intercourse within its ordinary meaning; (2) any contact between persons involving the sex organs of one person and the mouth or anus of another; (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.
M. “Specified anatomical areas” shall mean and include any of the following:
1. Human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
N. “Substantial connection” shall mean and include any of the following:
1. In a sole proprietorship, an individual who owns, operates or conducts, directly or indirectly, the adult entertainment establishment; or
2. In a partnership, an individual who shares in any potential profits of the adult entertainment establishment; or
3. In a corporation, an individual who is an officer, director, or a holder (directly or beneficially) of more than ten percent of any class of stock; or
4. An individual who furnishes more than ten percent of the capital financing of such adult entertainment establishment, whether in cash, goods or services. (Ord. 1376 §1(part), 2008)
5.26.030 Findings of fact.
Based on the request of the public and in the best interest of the city of Goldendale, the council makes the following findings of fact:
A. The secondary effects of the activities defined and regulated in this chapter are deemed detrimental to the public health, safety, morals, and general welfare of the citizenry of Goldendale, and therefore such activities must be regulated.
B. Regulation of adult entertainment in the city of Goldendale is necessary because, in the absence of such regulation, significant criminal activity associated with adult entertainment has been identified elsewhere within the state of Washington to support our desire to establish this chapter.
C. 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 of Goldendale which demand reasonable regulation of adult entertainment in order to protect the public health, safety and general welfare of its citizens.
D. The activities described in subsections B and C 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.
E. It is necessary to license entertainers engaged in adult entertainment 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 if not impossible.
F. It is necessary to have a licensed manager on the premises where adult entertainment is offered so there will at all times be an individual responsible for the overall operation of the adult entertainment, including the actions of patrons, entertainers, and other employees.
G. The license fee required in this chapter is necessary as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expense incurred by the city in regulating adult entertainment.
H. 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 I, Section 5 of the Washington State Constitution, but rather to enact an ordinance that establishes the time, place, and manner regulations which address the compelling interests of the city in mitigating the secondary effects of adult entertainment on our community. (Ord. 1376 §1(part), 2008)
5.26.040 License application--Fee.
A. Establishments seeking to facilitate adult entertainment in the city must first obtain a license from the city finance department 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 adult entertainment in an unlicensed establishment.
B. The fees established for an adult entertainment establishment license in the city as required in this chapter are two thousand five hundred dollars for the first year of the application, of which one thousand two hundred fifty dollars shall not be refundable, and a one-thousand-dollar annual renewal fee thereafter to defray the costs of processing the application. The license shall expire on the last day of the year it is purchased.
|
Adult Entertainment Establishment |
$2,500 |
Initial Fee |
|
Adult Entertainment Establishment |
$1,000 |
Annual Renewal Fee |
C. All managers and entertainers at an adult entertainment establishment are required to obtain a manager’s or entertainer’s license. The initial fee for the first year of the application is five hundred dollars, of which two hundred fifty dollars shall not be refundable, and a two-hundred-fifty-dollar annual renewal fee thereafter to defray the costs of processing the application. The license shall expire on the last day of the year it is purchased.
D. The application shall also include the following information, furnished by the adult entertainment establishment:
1. The business name, address, and phone number of the adult entertainment establishment.
2. Identify each person having a substantial connection with the adult entertainment establishment for which a license or renewal is sought:
a. True name and any other name by which commonly known;
b. Residence address and telephone number;
c. Date and place of birth;
d. Length of residence in Klickitat County, if less than one year, prior address outside of Klickitat County;
e. Nature of relationship to the adult entertainment establishment for which a license or renewal is sought;
f. Within ten years of date of application, whether each person has pleaded guilty to or forfeited bail, or has pending against that person, or been convicted of violating any other law other than traffic offenses, of any jurisdiction; if so, full circumstances thereof, including, but not limited to, date, court and case disposition.
3. Provide relation to each corporation or partnership having a substantial connection with the adult entertainment establishment for which a license or renewal is sought:
a. Name of the registered agent and address of registered office;
b. Primary office address, if different from above;
c. Date and place of incorporation;
d. Date and place of filing of articles;
e. Nature of relationship to the adult entertainment establishment for which license or renewal is sought.
4. Such other and further information as the code administration manager may deem necessary or desirable for the purpose of enforcing or otherwise administering the provisions of this chapter. (Ord. 1376 §1(part), 2008)
5.26.050 License--Issuance.
A. Upon the filing of any application for issuance or renewal of an adult entertainment establishment manager or entertainer license, the clerk-treasurer shall refer the application to the chief of police who shall cause an investigation to be made of the applicant(s), including the statements in the application form, and who shall furnish a written report to the code administration manager of the results of such recommendation as to whether a license should be issued.
The building inspector, where applicable, shall investigate the premises and report compliance with applicable city codes for which the building inspector is responsible for enforcement.
If the reports mentioned in the preceding paragraphs and other information concerning the applicant(s), the premises and person having substantial connection with the establishment or proposed establishment, the code required for licensing hereunder, the code administration manager shall issue or renew the license for which application was made.
B. Each adult entertainment establishment manager or entertainer license shall be issued for a specific premises, the location of which shall be designated by street address on the license document. Adult entertainment establishment manager or entertainer licenses shall not be transferable from one location to any other location, nor from one licensee to another to operate the adult entertainment establishment at the same location.
C. The clerk-treasurer shall not issue or renew any license under this chapter if the information received by the clerk-treasurer indicates that:
1. Any knowingly false statement was made in the license application;
2. Any person having a substantial connection with such establishment or proposed establishment within ten years of the date of application has pleaded guilty to or has currently pending against that person, or forfeited bail, or been convicted of violation of any law of any jurisdiction for prostitution; pandering, pimping; lewd conduct; sexual misconduct; indecent exposure; rape in the first, second or third degree; indecent liberties; rape of a child in the first, second or third degree; child molestation in the first, second or third degree; sexual misconduct with a minor in the first or second degree; any violation of this chapter; or other substantially similar crimes; or
3. Any premises on which an adult entertainment establishment is sought to be located fails to meet health, safety, fire, zoning or other valid standards established by regulations and ordinances governing health and safety; provided, however, denial under this subsection shall be without prejudice to future application. (Ord. 1457 §2(part), 2015; Ord. 1376 §1(part), 2008: Ord. 1372 §1(part), 2008)
5.26.060 Business hours.
No adult entertainment shall be conducted between the hours of two a.m. and ten a.m. in an adult business establishment. (Ord. 1376 §1(part), 2008)
5.26.070 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. 1376 §1(part), 2008)
5.26.080 Standards of conduct and operation.
The following standards of conduct shall be adhered to by employees of any adult entertainment establishment:
A. No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola, or any portion of the pubic region, buttocks, anus, vulva or genitals, except on a stage at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest patron.
B. No employee or entertainer mingling with patrons shall be unclothed or in less than opaque and complete attire, costume, or clothing described herein, 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.
C. 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, buttocks or anus.
D. 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.
E. 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.
F. 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 the dance, performance, or exhibition is performed.
G. 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 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 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. 1376 §1(part), 2008)
5.26.090 Additional requirements for adult entertainment establishments.
At any adult entertainment establishment, the following are required:
A. Admission must be restricted to persons of the age of twenty-one years or older.
B. No adult entertainment shall be visible outside 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 sexually explicit material in violation of RCW 9.68.130.
C. 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. A minimum lighting level of thirty lux horizontal measured at thirty inches from the floor on ten-foot centers is hereby established for all areas of the adult entertainment establishment where members of the public are permitted. (Ord. 1376 §1(part), 2008)
5.26.100 List of entertainments--Fee.
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. 1376 §1(part), 2008)
5.26.110 Notice to customers.
A sign conspicuously displayed in a common area of the premises which shall read as follows:
This adult entertainment establishment is regulated by the City of Goldendale. 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; and
4. Not permitted to accept tips or gratuities directly from patrons while performing upon any stage area.
(Ord. 1376 §1(part), 2008)
5.26.120 Activities not prohibited.
This chapter shall not be construed to prohibit:
A. Plays, operas, musicals, or other dramatic works which are not obscene as identified in the Goldendale Municipal Code;
B. Classes, seminars, and lectures held for serious scientific or educational purposes; or
C. Exhibitions or dances which are not obscene.
Whether or not activity is obscene shall be judged by consideration of the following factors:
1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient (unwholesome) interest in sex;
2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described RCW 7.48A.010(2)(b);
3. Whether the activity taken as a whole lacks serious literary, artistic, political, or scientific value. (Ord. 1376 §1(part), 2008)
5.26.130 Suspension or revocation.
A. In addition to the grounds for suspension or revocation set out in this section, the city may suspend or revoke any license issued under this chapter if the licensee is convicted of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the licensed premises when the licensee knew or should have known of the violations committed by the licensee’s servants, agents, or employees.
B. Where the department of public works, chief of police, or the Klickitat County health department finds that any condition exists upon the premises of an adult entertainment establishment which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter, pending a hearing. The official shall issue notice setting forth the basis for the action, and the facts that constitute a threat of immediate serious injury of damage to persons or property, and informing the licensee and the finance department of the right to appeal the suspension to the hearing examiner under the same appeal provisions set forth in the Goldendale Municipal Code; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 1457 §2(part), 2015; Ord. 1376 §1(part), 2008: Ord. 1372 §1(part), 2008)
5.26.140 Penalties.
Any person who knowingly violates any of the provisions of this chapter is a disorderly person and is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the city jail facility for not more than ninety days or both such fine and imprisonment. 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. 1376 §1(part), 2008)
5.26.150 Severability.
Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 1376 §1(part), 2008)
Code reviser’s note: Ordinance 1376 added this chapter as Chapter 5.24. It has been editorially renumbered to prevent duplication of numbering.