Chapter 5.15
AMUSEMENT PLACES
Sections:
5.15.030 License investigation.
5.15.050 Due date for license fees.
5.15.060 License applications – Public amusement/entertainment license.
5.15.090 Outdoor sports exempt from code.
5.15.110 Standards for public amusement/entertainment license suspension or revocation.
5.15.130 Penalty for violation.
5.15.150 Additional enforcement.
5.15.160 Limitation of liability.
5.15.010 Definitions.
For the purpose of this chapter, “public place of amusement,” “public amusement/entertainment,” and “public entertainment” mean an amusement, diversion, entertainment, show, performance, exhibition, display or like activities for the use or benefit of a member or members of the public, or advertised for the use or benefit of a member of the public, held, conducted, operated or maintained for a profit, direct or indirect, but not including adult entertainment businesses. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.010).]
5.15.020 License required.
A public place of amusement shall not be operated or maintained in the City unless the owner or lessee thereof has obtained a license from the city manager, for the following types of entertainment:
A. Live entertainment;
B. Music (other than mechanical);
C. Boxing or wrestling;
D. Pool halls; and
E. Bowling alleys. [Ord. 15-0402 § 1 (Att. A); Ord. 02-0139 § 1; Ord. 98-0017 §§ 1, 2 (KCC 6.08.020).]
5.15.030 License investigation.
The city manager shall refer an application for a license to the department for a report on compliance with all applicable fire, building and zoning codes of the City. The department shall respond to the city manager within 20 days. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.021).]
5.15.040 Standards for denial of license.
Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.08.022).]
5.15.050 Due date for license fees.
All license fees are due and payable to the City at least 20 days before the opening of entertainment. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.030).]
5.15.060 License applications – Public amusement/entertainment license.
An application for a public amusement/entertainment license must be submitted in the name of the person or entity proposing to provide such public amusement/entertainment on the business premises and shall be signed by such person or agent and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city manager, which shall require the following information:
A. The name, current residential and mailing addresses, and date and place of birth of the applicant if the applicant is an individual, the partners if the applicant is a partnership and the officers and directors if the applicant is a corporation;
B. The business name, address and telephone number of the establishment;
C. If the applicant is a corporation, limited liability company or partnership, the legal name of the entity, the date and place of incorporation or formation, and the name and address of any registered agent for service of process;
D. Whether the applicant proposes to serve any alcoholic beverages on the premises and the status of the business’s liquor license or application for a liquor license issued by the Washington State Liquor and Cannabis Board; and
E. The nature of the business conducted on the premises and the proposed public amusement/entertainment. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.042).]
5.15.070 License display.
The public entertainment/amusement license issued under this chapter shall be prominently displayed on the licensed premises. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.043).]
5.15.080 Business hours.
No public entertainment shall be conducted between the hours of 2:30 a.m. and 10:00 a.m.; provided, that public dancing and those activities related to public dancing licensed by the City, such as live musical entertainment, shall be permitted until 4:00 a.m. in establishments which have a Class “H” liquor license. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.070).]
5.15.090 Outdoor sports exempt from code.
No license shall be required for any recognized outdoor sports. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.080).]
5.15.100 Race tracks and dragstrips.
Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.08.090).]
5.15.110 Standards for public amusement/entertainment license suspension or revocation.
The city manager shall revoke or suspend, for not more than one year, any public amusement/entertainment license if he or she determines that the licensee or applicant has:
A. Obtained or renewed the license through a false, misleading or fraudulent omission or representation of material fact on the application; or
B. Violated or permitted or authorized any violation of any provisions of this chapter by any person. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.100).]
5.15.120 Severability.
Repealed by Ord. 15-0402. [Ord. 98-0017 §§ 1, 2 (KCC 6.08.110).]
5.15.130 Penalty for violation.
Any person violating any of the terms of this chapter shall, upon conviction thereof, be fined in the sum of not less than $10.00 nor more than $300.00 or by imprisonment for not more than 90 days, or both. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.120).]
5.15.140 Civil penalty.
In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of this chapter shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the city manager. The city manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed, and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.130).]
5.15.150 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the city manager may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.140).]
5.15.160 Limitation of liability.
This chapter is not intended to create a cause of action or provide the basis for a claim against the City, its officials or its employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. A duty or obligation created under this chapter is intended to be a general duty or obligation running in favor of the general public. [Ord. 15-0402 § 1 (Att. A); Ord. 98-0017 §§ 1, 2 (KCC 6.08.150).]