Chapter 5.24
CABARETS*
Sections:
5.24.010 License – Required – Issuance – Fee – Term.
5.24.020 License – Application.
5.24.030 License – Conditions of issuance.
5.24.040 License – Revocation.
5.24.050 Responsibility for conduct of patrons.
5.24.060 Dancing and/or live music regulated by state laws.
5.24.070 Employees prohibited from drinking or dancing with customers.
5.24.080 Lighting requirement.
*For statutory provisions authorizing cities to license cabarets, see RCW 66.28.080; for provisions on licensing of public dances and dancehalls, see Chapter 5.20 KMC.
5.24.010 License – Required – Issuance – Fee – Term.
From and after the taking effect of the ordinance codified in this chapter, it is unlawful for any person, firm, or corporation to permit dancing and/or live music in an establishment operated by him or it in which intoxicating or other spirituous liquors are sold or offered for sale without first securing a license therefor from the city clerk-treasurer, the issuance of said license to be subject to the approval of the city council, and upon the payment of the sum of $25.00 per year or for any portion of a year. The annual license year shall be from January 1st to December 31st each year. The license required by this chapter is separate from and in addition to the general business license issued under Chapter 5.04 KMC, which may also be required when applicable. (Ord. 21-010 § 4; Ord. 139 § 1, 1968).
5.24.020 License – Application.
Application for any such license is to be made in writing to the city council. The application shall include a detailed plan of the proposed dance area and a description of the premises to be licensed and such other information as the council may require. (Ord. 139 § 2, 1968).
5.24.030 License – Conditions of issuance.
The license granted under this chapter shall be personal to the applicant and the same shall not be transferable. Such license shall not authorize the person to whom it is granted to conduct a cabaret at any place other than that specified therein. License fees paid under this chapter shall be refundable only by action of the city council. Each license shall at all times be conspicuously displayed. Upon the revocation of a license for a violation of this chapter, the unearned portion of the license fee shall be forfeited to the city. (Ord. 139 § 3, 1968).
5.24.040 License – Revocation.
The city council reserves unto itself the power to revoke, at any time, any license issued under this chapter, where the same was procured by fraud or false representation of the fact; or for the violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents, or employees; or the conviction of the person holding such license of any crime or offense involving moral turpitude or the conviction of any of his servants, agents, or employees of any crime or offense involving moral turpitude on the premises in which his cabaret is conducted; or in the event that it is determined that the further operation of the cabaret would be detrimental to the public peace, health, or welfare of the city. The chief of police shall be empowered to seize at his discretion any license issued under the provisions of this chapter. Before revoking any license, the city council shall, upon at least three days’ and not more than 10 days’ written notice to the licensee, conduct a hearing concerning such proposed revocation, at which time the licensee shall be entitled to be heard and introduce testimony of witnesses. The determination and action of the city council after such hearing shall be final. (Ord. 139 § 8, 1968).
5.24.050 Responsibility for conduct of patrons.
Each and every person, firm, or corporation conducting or operating a business where intoxicating or other spirituous liquors are sold and in which dancing and/or live music are permitted under this chapter shall be responsible and accountable for the conduct of the patrons thereof, and it is unlawful to permit any noisy or boisterous conduct or unseemly and indecent dancing or conduct in any such establishment. (Ord. 139 § 4, 1968).
5.24.060 Dancing and/or live music regulated by state laws.
No dancing and/or live music shall be permitted on the premises licensed under this chapter at any time when the sale of intoxicating or other spirituous liquors is prohibited from being sold by the laws of the state or any regulation of the Washington State Liquor Control Board. (Ord. 139 § 5, 1968).
5.24.070 Employees prohibited from drinking or dancing with customers.
No person, being the holder of a license or permit, nor any employee of said person, shall during the hours of employment dance with any patron or customer of such cabaret, nor consume any intoxicating or other spirituous liquors when such licensee or employee is engaged in actually serving liquor to customers, and no manager or operator thereof shall permit, suffer, or allow any such person so to do. No smoking shall be allowed on the dancing area. (Ord. 139 § 6, 1968).
5.24.080 Lighting requirement.
Every place licensed under the provisions of this chapter shall be well lighted throughout the entire time during which such cabaret shall be open for entertaining patrons, and until such time the cabaret shall be cleared and closed. (Ord. 139 § 7, 1968).
5.24.090 Violation – Penalty.
Any person or persons violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in the general penalty codified in Chapter 1.16 KMC. (Ord. 279 Att. A § 2, 1978; Ord. 139 § 9, 1968).