Chapter 5.10
ADULT USE BUSINESS
Sections:
5.10.060 Expiration of the adult use license.
5.10.070 Suspension – Revocation – Appeal.
5.10.010 Definitions.
The following terms and definitions shall be used in the administration of this chapter and Chapter 5.12 GMC:
A. “Adult bookstore” means a retail establishment in which 25 percent or more of the “stock in trade” consists of books, magazines, periodicals, pictures, posters, or other printed material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein.
B. “Adult mini-theater” means an enclosed building with a capacity of less than 50 persons, a portion of an enclosed building with a capacity of less than 50 persons, or outdoor theater with a capacity of less than 50 persons used for presenting cable television, motion picture films, video cassettes, or any other such visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, for observation by patrons therein.
C. “Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons, a portion of an enclosed building with a capacity of 50 or more persons, or outdoor theater with a capacity of 50 or more persons used for presenting cable television, motion picture films, video cassettes, or any other such visual media distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, for observation by patrons therein.
D. “Adult panoram establishment” means any building or portion of a building which contains devices which for payment of a fee, membership fee, or other charge, is used to exhibit or display a picture, view, or other graphic display distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein.
E. “Adult retail store” means a retail establishment in which 25 percent or more of the “stock in trade” consists of equipment, items, or products distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein.
F. “Adult use” means any “adult bookstore, adult mini-theater, adult motion picture theater, adult panoram establishment, adult retail store or live adult entertainment establishment,” as defined herein.
G. “Adult use business” means any “adult bookstore, adult mini-theater, adult motion picture theater, adult panoram establishment, adult retail store or live adult entertainment establishment,” as defined herein, or any establishment which provides one or more of the activities listed herein.
H. “Live adult entertainment establishment” means any building or portion of a building which contains any exhibition or dance wherein any employee or entertainer is unclothed or in such attire, clothing or costume as to expose to view any portion of the female or male genitals, vulva, penis, anus and/or buttocks, or any portion of the pubic hair and which exhibition or dance is for the benefit of a member or members of the adult public, or advertised for the use or benefit of a member of the adult public, held, conducted, operated, or maintained for profit, direct or indirect.
I. “Sexual conduct” means any act of sexual intercourse as defined in RCW 9A.44.010(1); any act of sexual contact as defined in RCW 9A.44.010(2); or any act of masturbation.
J. “Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
K. “Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual intercourse or sodomy, whether between persons of the same or opposite sex; and/or
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 2008-27 § 2).
5.10.020 License required.
A person may not operate an adult use business in the city of Grandview without a valid license to do so, issued by the city clerk. (Ord. 2008-27 § 2).
5.10.030 Application.
A. An application for a license must be made on the form provided by the city clerk. The application must be accompanied by a sketch or diagram showing the configuration of the premises.
B. The applicant must be qualified according to the provisions of this chapter and not have had an adult business license revoked in the previous 12 months and the premises must be inspected and found to be in compliance with the law by the health department, fire department and code enforcement officer.
C. 1. If a person who wishes to operate an adult use business is an individual, he or she must sign the application for a license as applicant.
2. If a person who wishes to operate an adult use business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for a license as applicant.
3. If a corporation is listed as owner of an adult use business or as the entity which wishes to operate such business, each individual having a 10 percent or greater interest in the corporation must sign the application of a license as applicant.
D. The fact that a person possesses other types of state or city permits or licenses does not exempt that person from the requirement of obtaining an adult use business license. (Ord. 2008-27 § 2).
5.10.040 Licensing fee.
The annual fee for a license to operate an adult use business is $1,000. (Ord. 2008-27 § 2).
5.10.050 Issuance of license.
A. The city clerk shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless the clerk finds one or more of the following to be true:
1. An applicant is under 18 years of age;
2. An applicant or any employee has been convicted of a felony;
3. An applicant or an applicant’s spouse is overdue in his or her payment of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to the operation of an adult use business;
4. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
5. An applicant has been denied a license to operate an adult use business within the preceding 12 months, or residing with a person whose license to operate an adult use business had been revoked within the preceding 12 months;
6. The premises to be used for the adult use business have been inspected and have not been approved by the health department, fire department, and the code enforcement officer as being in compliance with applicable laws and ordinances;
7. The license fee required by this chapter has not been paid;
8. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this code.
B. The license, if granted, 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 adult use business. The license shall be posted in a conspicuous place at or near the entrance to the adult use business so that it may be easily read at any time.
C. Inspection officials shall complete their certification that the premises are in compliance, or not in compliance, within 20 days of receipt of the application by the city clerk. (Ord. 2008-27 § 2).
5.10.060 Expiration of the adult use license.
A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B. When the city clerk denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the city clerk finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. (Ord. 2008-27 § 2).
5.10.070 Suspension – Revocation – Appeal.
A. The city clerk shall suspend a license for a period not to exceed 30 days if the city clerk determines that a licensee has:
1. Violated or is not in compliance with any section of this code;
2. Engaged in use of alcoholic beverages while on the adult use business premises;
3. Refused to allow an inspection of the adult use business premises as authorized by this chapter;
4. Knowingly permitted gambling or the consumption of alcoholic beverages by any persons on the premises of the adult use business;
5. Knowingly permitted an employee convicted of a felony to remain in employment.
B. The city clerk shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months. The city clerk shall also revoke a license if he or she determines that:
1. A licensee gave materially false or misleading information in the material submitted to the city clerk during the application process;
2. A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances as defined in RCW Title 69 on the premises;
3. A licensee or an employee has knowingly allowed prostitution on the premises;
4. A licensee or an employee knowingly operated the adult use business during a period of time when the licensee’s license was suspended;
5. A licensee or an employee has knowingly allowed any sexual conduct to occur in or on the licensed premises;
6. A licensee is delinquent in payment to the city or state for any taxes or fees past due;
7. A licensee or an employee knowingly allowed a person under the age of 18 on the premises. Proof of age shall be demonstrated in the form of a state-issued driver’s license or photo identification card or other official photo proof of birthdate; and
8. A licensee or an employee has been convicted of a felony.
C. When the city clerk revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult use license for one year from the date revocation became effective. If, subsequent to the revocation, the city clerk finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
D. The city clerk shall mail written notice of determination of suspension or revocation to the licensee at the address stated on the license application. The licensee may obtain an appeal of such suspension or revocation by filing an appeal in writing pursuant to the provisions of Chapter 2.50 GMC. (Ord. 2008-27 § 2).
5.10.080 Inspection.
A. An applicant or licensee shall permit representatives of the police department, health department, fire department, planning department, code enforcement department or other city departments or agencies to inspect the premises of an adult use business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
B. A person who operates an adult use business or his agent or employee commits a misdemeanor if he or she operates without a license as provided in this chapter. (Ord. 2008-27 § 2).
5.10.090 Transfer of license.
A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult use business under the authority of a license at any place other than the address designated on the application. (Ord. 2008-27 § 2).