Chapter 5.16
CABARETS
Sections:
5.16.020 Public dance license—Required—Fee.
5.16.030 Application for licenses—Issuance—Posting.
5.16.040 Licensing restrictions.
5.16.060 License fees—Proration.
5.16.070 Adoption of rules and regulations.
5.16.140 Right of entry for inspection.
5.16.010 Cabaret defined.
“Cabaret” means any room, place or space whatsoever in the city in which any music, singing, dancing or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly or indirectly selling, serving or providing the public, with or without charge, food or liquor. The words “music and entertainment” as used herein shall not apply to radios or mechanical devices. “Adult cabarets” are further defined and regulated as provided in Chapter 5.42.
“Liquor” means all beverages defined in RCW 66.04.010. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3009 § 2, 1985; prior code § 5.20.010)
5.16.020 Public dance license—Required—Fee.
A. No person, firm or corporation shall conduct, manage, or operate a cabaret without a valid cabaret license from the city. A cabaret license is not required where a cabaret is conducted for a period of two days or less during any calendar year. The cabaret license is in addition to any city business registration or license that may be required under Chapter 5.02.
B. The license fee shall be in an amount set by resolution of the city council. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3820 § 5, 2014; Ord. 3009 § 3, 1985; prior code § 5.20.020)
5.16.030 Application for licenses—Issuance—Posting.
A. Application for licenses under this chapter shall be in writing on forms provided by the city and filed with the finance director or designee, accompanied by a receipt showing the payment of the license fee. The application shall provide the following information:
1. The name and address of the applicant;
2. The name and address of the operator of the cabaret;
3. The name and address of the owner of the premises upon which the cabaret is located;
4. A statement of any and all measures used to ensure that adequate traffic control and crowd protection, both within and without the premises, will be maintained;
5. A statement from the applicant that the premises are in compliance with all city laws including, but not limited to, building, zoning, planning and fire codes;
6. Such other information as the city may require and is relevant to the furtherance of the provisions contained in this chapter.
B. Upon receipt of such application, the same shall be transmitted to the chief of police for a full investigation as to the truth of the statements contained therein and any other investigation permitted under this chapter. After the chief of police has conducted the investigation, he/she will report to the finance director, recommending either approval or denial of the application. Any denial shall state the reasons therefor. The finance director or designee shall either issue or deny the cabaret license depending on the recommendation of the chief of police.
C. All licenses granted under this chapter shall be posted in a conspicuous place on the licensed premises. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.090)
5.16.040 Licensing restrictions.
No license shall be issued to:
A. A person who has been convicted of a felony within five years prior to filing application, and which is reasonably related to his/her fitness or ability to conduct, manage or operate a cabaret;
B. A person who has been convicted within the last five years of a violation of any federal or state law or city ordinance concerning the manufacture, possession, or sale of liquor subsequent to the passage of the Washington State Liquor Act, or has forfeited his bond to appear in court to answer charges of any such violation;
C. A person who has been convicted within the last five years of a violation of any federal or state law or city ordinance concerning the manufacture, possession or sale of narcotics;
D. A partnership or corporation, unless all of the partners or officers, directors, and stockholders thereof shall be qualified to obtain a license as provided herein. Such license shall be issued to the manager or other directing head thereof who shall also possess the same qualifications required of the licensee;
E. Any person whose place of business has had ten or more arrests with ensuing criminal charges resulting from activities within the establishment, within the one-year period immediately prior to the date of application for the cabaret license.
In addition to the foregoing, every applicant for a cabaret license shall be subject to the business license requirements of Chapter 5.02. (Ord. 3898 § 3 (Exh. A), 2017)
5.16.050 License revocation.
The city may revoke any license issued under the provisions of this chapter should one or more of the following conditions apply:
A. It is determined that the license was procured by fraud or false representation of fact;
B. The violation of any of, or failure to comply with, the provisions of this chapter or any rules or regulations of the Washington State Liquor and Cannabis Board by the person holding such license or by any of his managers or agents;
C. For any convictions for offenses identified in Section 5.16.040, as committed upon the licensed premises by any person holding such license, or by any of his/her managers or agents, following issuance of the cabaret license;
D. In the event that ten or more arrests with ensuing criminal charges occur within a one-year period, from activities occurring within the cabaret establishment. (Ord. 3898 § 3 (Exh. A), 2017)
5.16.060 License fees—Proration.
A. Any establishment commencing business at a time other than January 1st shall make payment from the first day of the calendar quarter last preceding the date upon which application is made. The license shall expire on the thirty-first day of December each year.
B. The licenses issued under this chapter are not transferable in the event of a change in the ownership of the business, location, or other similar circumstances. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3030 § 1, 1985; Ord. 3009 § 4, 1985; prior code §§ 5.20.030, 5.20.040)
5.16.070 Adoption of rules and regulations.
The city manager may make all proper and necessary administrative rules and regulations for the purpose of carrying into effect the provisions of this chapter with respect to the conduct of cabarets. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.070)
5.16.080 Hours of closing.
No cabaret shall be conducted or dance hall or cabaret be kept open between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.060)
5.16.090 Adult entertainment.
Any cabaret establishment which is also a commercial premises to which any member of the public is invited or admitted where an entertainer provides adult entertainment to any member of the public must comply with the requirements of Chapter 5.42. (Ord. 3898 § 3 (Exh. A), 2017)
5.16.120 Smoking prohibited.
It is unlawful for any person or persons to smoke or carry in his or her hand when dancing a lighted cigar, cigarette or pipe in any cabaret at any time a dance is in progress. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.150)
5.16.130 Licenses—Appeal.
Any person that is aggrieved by the denial of a cabaret license or renewal thereof, or by the revocation of a cabaret license, shall have the right to appeal such denial or revocation to the city’s hearing examiner. Such appeal shall be in writing filed with the finance director or designee within twenty days of the decision. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.100)
5.16.140 Right of entry for inspection.
All peace officers of the state, county and city shall have free access to all cabarets for the purpose of inspecting and enforcing compliance with the provisions of this chapter. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.080)
5.16.150 Violation—Penalty.
Any person or persons violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not exceeding one thousand dollars or imprisonment for a period not to exceed ninety days, or by both such fine and imprisonment. Each day of violation of the provisions of this chapter shall be deemed to be a separate offense. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; prior code § 5.20.170)