Chapter 5.18
CABARET DANCES
Sections:
5.18.020 License – Required – Fee.
5.18.030 License – Waiver of payment.
5.18.040 License – Application.
5.18.050 License – Refusal to grant.
5.18.070 License – Revocation.
Legislative history: Ords. 85-76 and 93-300.
5.18.010 Definitions.
The following definitions shall be applied in construing the provisions of this chapter:
A. “Alcoholic beverage” means all beverages included within the definition of “liquor” established by Chapter 66.04 RCW, as now or hereafter amended.
B. “Cabaret dance” means any dance or ball to which the public generally, or to which the guests of members of any public or private fraternal, civic, cultural or social group, may gain admission with or without the payment of an admission fee, and at which any alcoholic beverage is sold or furnished.
C. “Liquor license” means any liquor license issued by the state of Washington on an annual or permanent basis, regardless of the class designation of the licensed premises, but does not include any liquor license sanctioning a single event or limited series of events such as a banquet or nonrecurring private party.
D. “Person” means one or more natural persons of either sex, firms, partnerships, corporations and other legal entities, whether acting by themselves or through an agent or employee.
5.18.020 License – Required – Fee.
A. It is unlawful for any person, firm or corporation to conduct a cabaret dance within the city of Mill Creek without first having obtained and being the holder of a valid and subsisting license for such activity, to be known as a cabaret dance license. The fee for a cabaret dance license shall be as provided in Chapter 3.42 MCMC.
B. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year; provided, however, for calendar year 1985, licenses shall be obtained and paid in full on or before February 28, 1985.
C. Regardless of the number of dances anticipated, an annual dance license must be obtained if a liquor license, as defined in MCMC 5.18.010, has been issued and is in effect for the premises upon which the dance is to be conducted. Otherwise, a single dance license may be obtained; provided, that no more than 10 single dance licenses are issued during any 12-month period to the same applicant, or licensing a dance at the same premises.
5.18.030 License – Waiver of payment.
The city council reserves the right to waive the requirement of payment of the cabaret dance license fee in the case of any cabaret dance open to the public which, in the opinion of the city council, is conducted for a charitable purpose or will otherwise result in substantial benefit to the community and which merits waiver of the fee. Application for a fee waiver shall be made no less than 30 days prior to the date of the cabaret dance for which a license is sought.
5.18.040 License – Application.
A. Applications for any cabaret dance license shall be submitted in writing to the city clerk upon such forms as the clerk may prescribe. In addition to other information requested, application forms shall contain the name and place of residence of the applicant, the address and description of the premises to be licensed and the time and date of the dance or dances to be held. All applications shall be reviewed by the city manager and approved or denied by the city manager.
B. The city manager may impose such conditions as he finds necessary to adequately protect the public health, safety and general welfare, including the condition that the licensee employ an off-duty police officer having a Snohomish County commission to enforce the laws of the state of Washington and city ordinances during any cabaret dance.
5.18.050 License – Refusal to grant.
A. The city manager may, in his discretion, refuse to grant an annual or single cabaret dance license for any dance or dances to be conducted at such a time or place as he finds will significantly interfere with the public peace or safety, and may refuse to issue any such license to any applicant who, through past conduct, has demonstrated a failure to comply with laws or regulations governing the sale, dispensing or furnishing of liquor or preserving the public peace and/or the ordinances of the city.
B. When the city manager refuses to grant a license, or grants a license with conditions, he shall notify the applicant in writing of the same and shall inform the applicant of his right to appeal to the examiner using the procedures of Chapter 14.11 MCMC. The city manager’s decision shall be entitled to substantial weight. (Ord. 2010-718 § 6 (Exh. F))
5.18.060 Appeals.
Repealed by Ord. 2010-718.
5.18.070 License – Revocation.
A. The city manager reserves the power to revoke or suspend any license or impose any conditions on any license issued under the provisions of this chapter at any time if the same was procured by fraud or false representation of fact, or for the violation 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 committed on the premises in which the cabaret is conducted, or in the event that it is determined that further operation of the cabaret would be detrimental to the public peace, health, safety or general welfare of the city.
B. Before any license is revoked or suspended, the city manager shall notify the licensee in writing of the intent to suspend, revoke or impose conditions. The notice shall inform the licensee of his right to appeal to the examiner using the procedures of Chapter 14.11 MCMC. The city manager’s decision shall be entitled to substantial weight. (Ord. 2010-718 § 6 (Exh. F))
5.18.080 Rules.
The city manager shall promulgate such rules as are necessary for the proper administration of this chapter.
5.18.090 Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $5,000 and/or imprisonment of not more than one year in jail.