Chapter 5.10
CABARET LICENSE
Sections:
5.10.020 Exemptions from license.
5.10.040 License – Application – Requirements – Information.
5.10.050 License – Application review and procedure.
5.10.060 License – Term – Renewal.
5.10.070 Performance standards.
5.10.080 Enforcement – Civil penalties – Violation of license requirements.
5.10.010 Definitions.
(1) “Cabaret” means any room, place or space whatsoever in the town of La Conner in which any music, singing, dancing or other similar entertainment is permitted in connection with any hotel, dance hall, restaurant, cafe, disco, 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 in this chapter shall not apply to radios.
(2) “Private dance” means any dance that is not open to the public. [Ord. 573 § 1, 1989.]
5.10.020 Exemptions from license.
Exempt from obtaining a cabaret license, but not the performance standards, shall be weddings, school functions, and private dances and special events under a town issued permit. [Ord. 573 § 2, 1989.]
5.10.030 License – Required.
It is unlawful for any person to conduct, manage, or operate a cabaret unless such person is the holder of a valid license from the town to do so, obtained in the manner provided in this chapter. The license required by this chapter is separate from and in addition to the business license issued under Chapter 5.05 LCMC, which may also be required when applicable. [Ord. 1202 § 16, 2021; Ord. 573 § 3, 1989.]
5.10.040 License – Application – Requirements – Information.
Any person desiring to procure a cabaret license shall make application therefor in writing to the town council, which application shall state: Name, address, telephone number, date of birth, Social Security number and driver’s license number of applicant, nature of entertainment or exhibition to be produced. [Ord. 573 § 4, 1989.]
5.10.050 License – Application review and procedure.
(1) Submittal. Application for such license shall be submitted to the town clerk with the fee amount paid at that time.
(2) Council Action/Approval. After due consideration of such information, if the town council deems that the licensee and the premises comply with the provisions of this chapter, they shall so advise the town clerk who shall issue the license.
(3) Denial/Public Hearing. If it is determined by the town council that the license should not be granted, then the town council shall, upon at least seven days’ notice to the applicant, hold a public hearing on the application, at which time the applicant shall be given an opportunity to prove that they are fully qualified for that license.
(4) Council Action/Final. If after such hearing, the town council finds that the license should not be granted, the application shall be denied. The action of the town council shall be final.
(5) Revocation. The town council reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time where the following applies:
(a) Three violations, as determined by an officer of the La Conner police department, within a month result in a warning that if there are five violations in the following 12 months, that will be cause for revocation.
(6) Notice of Revocation. At least seven days before the revocation hearing, the town council shall cause a notice to be mailed by certified mail to the holder of the license, at the address at which the cabaret is being conducted. Such notice shall state the time and place of the revocation hearing. The licensee shall be entitled to be heard and introduce testimony of witnesses. The action of the town council after such hearing shall be final. [Ord. 573 § 5, 1989.]
5.10.060 License – Term – Renewal.
The fee for such cabaret license shall be $25.00. This fee shall be in addition to other license fees that may be imposed by the town of La Conner.
Terms, renewal, transferability, and penalty shall be the same as for business licenses. [Ord. 573 § 6, 1989.]
5.10.070 Performance standards.
(1) Closing Hours. It is unlawful to allow music or dancing in any cabaret beyond the hour of 1:30 a.m. of any given day, except New Years’ morning, January 1st.
(2) Maximum Noise Levels. All uses shall meet the requirements of the Maximum Environmental Noise Levels, Chapter 173-60 WAC and LCMC Title 15 and all other applicable federal and state regulatory agencies and shall not be loud enough to disturb a reasonable person in a properly zoned residence. The owner of the cabaret shall be strictly liable for all noise produced within the cabaret. Wherever possible, noise measurement for the purpose of enforcement shall be measured in dBa with a sound level meter with the point of measurement being at any point within the receiving property. [Ord. 573 § 7, 1989.]
5.10.080 Enforcement – Civil penalties – Violation of license requirements.
(1) Powers of Law Enforcement. The mayor or his or her designee shall have the power and duty to cite the individual or licensee, or cause any cabaret music or excessive noise to be abated.
(2) Free Access by Law Enforcement. It is unlawful for the owner, proprietor, manager or person in charge licensed under the provisions of this chapter to refuse admission to any town employee or any law enforcement officer of the state or any officer of the United States Government charged with the duty of enforcing the police laws of the United States. The officers shall have free access at all times to cabarets licensed under provisions of this chapter.
(3) Civil Penalties. The civil penalties for violation of any section or subsection of this chapter shall be:
(a) For the first violation, a warning letter shall be sent.
(b) For second violation within a 12-month period, the penalty shall be $25.00.
(c) For the third or subsequent violation within a 12-month period, the penalty shall be $250.00.
(4) Procedure. A certified letter to the owner shall constitute conclusive evidence that the violation occurred unless the owner appeals the determination as provided subsection (5) of this section.
(5) Appeals. Appeals must be made in writing by the owner of the cabaret within 10 days of the receipt of notice of violation by filing the appeal with the town clerk. All appeals shall be heard by the town council at a public hearing. Any decision of the town council, under this chapter, shall be final unless the owner of the cabaret files an appeal by writ of certiorari to the Skagit County superior court, within 10 days after the rendering of the decision by the town council. [Ord. 812 § 4, 2001; Ord. 573 § 8, 1989.]