Chapter 5.13
ADULT BUSINESSES AND EMPLOYEES
Sections:
5.13.015 Adult businesses – License required.
5.13.020 License fees and term.
5.13.025 Investigation required.
5.13.045 Unlawful to employ unlicensed person.
5.13.050 Manager license required.
5.13.055 Employee license required.
5.13.070 Standards of conduct.
5.13.080 Prima facie evidence of adult sales practice.
5.13.100 Additional enforcement.
5.13.105 Relation to other laws.
5.13.005 General provisions.
In the event of any conflict or inconsistency between this chapter and the general provisions contained in Chapter 5.04 MVMC, this chapter shall govern as applied to the licenses required under this chapter unless specified otherwise in this chapter. (Ord. 3714 § 5, 2017).
5.13.010 Definitions.
The words and phrases in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “Adult entertainment” means:
1. Any exhibition, performance or medium which is distinguished or characterized by displays of less than completely and opaquely covered human genitals, pubic hair, pubic area, perineum, anus, buttocks, or female breast below the top of the areola; or
2. Any exhibition, performance or dance conducted in a premises where such exhibition, performance or dance is performed within the view of one or more members of the public and is intended or is likely to sexually stimulate any member of the public.
B. “Adult entertainment bookstore” means any business from which minors are excluded and in which the purchase, rental, viewing or use of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions distinguished or characterized by their emphasis on matter depicting, describing, or relating to adult entertainment or adult entertainment material make up 25 percent or more of the stock in trade.
C. “Adult entertainment business/use” means any establishment or premises other than a business subject to Chapter 5.06 or 5.56 MVMC, which:
1. Engages in adult sales practice; or
2. Has at least 25 percent of its trade in the display, barter, rental, or sale of a medium which meets the criteria of adult entertainment as defined by this chapter including but not limited to: adult entertainment bookstores, adult entertainment movie theaters, adult tanning salons, escort businesses and nude house cleaning businesses.
D. “Adult hotel” means a hotel, motel, or similar commercial establishment which offers a sleeping room for rent for a period of time less than 10 hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
E. “Adult entertainment movie theater” means any establishment, from which minors are excluded and where the principal use of the premises consists of the showing of motion pictures, slides, or photographic or other visual reproductions, where the subject matter meets the criteria of adult entertainment as defined in this chapter and where fees of any kind are charged. This definition shall include establishments wherein the above mentioned medium is the major attraction on a regular basis and establishments wherein the above mentioned medium is shown at least 25 percent of the showing time of the theater.
F. “Adult sales practice” means any activity which is distinguished or characterized by a person being in a state of partial nudity while conducting or otherwise engaged in retail sales of goods or services under circumstances where such conduct is likely to be viewed by a member of the public.
G. “Adult tanning salon” means any establishment which offers tanning services to a member of the public and in which adult entertainment takes place.
H. “Customer” means a person patronizing a business for which an adult business license is required by this chapter.
I. “Employee” means any and all persons who work in or at or render any services directly related to the operation of an adult entertainment business regardless of whether that person meets the criteria of a statutory employee, common law employee or independent contractor.
J. “Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
K. “Escort business” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts.
L. “Manager” means any person who manages, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any place offering adult entertainment.
M. “Member of the public” means any person other than a manager or employee as defined in this section.
N. “Nude or state of nudity” means a state of dress or undress such that any of the body parts described in MVMC 9.19.040, Lewd conduct, is exposed to view or covered with anything other than a full and opaque covering within the meaning of that section.
O. “Nude house cleaning business” means a person or business which offers house cleaning services in which the house cleaner is in a state of nudity.
P. “State of partial nudity” means a state of dress or undress not constituting a state of nudity in which any of the following body parts or portions thereof is exposed to view or covered with anything other than a full and opaque covering:
1. Any part of the buttocks or anal cleft; or
2. Any part of the female breast located below the top of the areola.
3. Items commonly known as pasties, G-strings, T-backs, dental floss, and thongs; body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface; any substance that can be washed off the skin; or any substance designed to simulate or which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this subsection.
Q. “Stock in trade” means the greater of: (1) the retail dollar value of all prerecorded video tapes, discs, books, magazines or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, including paper or electronic form, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or (2) the total number of titles of all prerecorded videotapes, discs, books, magazines, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, including paper or electronic form, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. (Ord. 3714 § 5, 2017).
5.13.015 Adult businesses – License required.
No person shall operate within the city of Mount Vernon an adult entertainment business, an adult hotel, an adult tanning salon, an escort business, or a nude house cleaning business without a valid adult business license issued by the licensing authority. No escort business or nude house cleaning business shall provide services within the city of Mount Vernon without a valid license issued by the licensing authority. (Ord. 3714 § 5, 2017).
5.13.020 License fees and term.
The fees for the licenses required by this chapter are as follows:
A. Adult business location: $265.00;
B. Adult business employees: $115.00;
C. Adult business manager: $115.00.
The terms for these licenses is one year from date of issuance. (Ord. 3714 § 5, 2017).
5.13.025 Investigation required.
Applicants seeking a license under this chapter shall be investigated according to the provisions outlined in MVMC 5.04.047 and comply with the application procedures outlined in MVMC 5.04.042. (Ord. 3714 § 5, 2017).
5.13.035 Photograph required.
Applicants seeking an employee or manager license as required by this chapter shall submit photographs as specified in MVMC 5.04.045(J). (Ord. 3714 § 5, 2017).
5.13.040 Underage employees.
It shall be unlawful for any owner, proprietor, manager, or person in charge of any facility regulated by this chapter, to have an employee in such establishment under the age of 18 years. (Ord. 3714 § 5, 2017).
5.13.045 Unlawful to employ unlicensed person.
It shall be unlawful for any owner, proprietor, manager, or person in charge of any escort business, nude house cleaning business, adult tanning salon, or business using an adult sales practice, as regulated by this chapter, to employ in such establishment any person who does not have a valid employee license as required by MVMC 5.13.055. (Ord. 3714 § 5, 2017).
5.13.050 Manager license required.
No person shall work as a manager in nude house cleaning business, escort business, adult tanning salon, or business using an adult sales practice, as regulated by this chapter, without a valid license issued by the licensing authority. (Ord. 3714 § 5, 2017).
5.13.055 Employee license required.
A. It shall be unlawful for any person to work in the following adult entertainment businesses, in the capacities outlined below, without a license as provided for in this chapter:
1. Nude house cleaning: any person actually performing or assisting in the performance of nude house cleaning, as defined in this chapter;
2. Escort business: any person acting as an escort as defined by this chapter;
3. Adult tanning salons: any person performing any services in a closed room while the patron is present; or
4. Business using an “adult sales practice”: any person who is in a state of partial nudity while conducting or otherwise engaged in retail sales of goods or services.
B. All licenses required shall be invalid as to any adult entertainment business during any period in which the employer is not engaged in business whether by reason of choice or failure of the employer to operate a business or by reason of lapse, suspension or revocation of employer’s license.
C. An employee license shall entitle the employee to work only at the adult entertainment business indicated on the employee’s license. If an employee changes his or her employment during the license term, the license certificate must be returned to the licensing authority or reissuance, upon payment of the fee set out in MVMC 5.13.020, indicating the new place of employment. (Ord. 3714 § 5, 2017).
5.13.060 Exclusions.
A. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals, dramatic works, or other exhibitions or performances that constitute protected speech under the federal or state constitution and which are not obscene;
2. Classes, seminars and lectures held for serious scientific or educational purposes;
3. Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to Chapter 5.06 MVMC; or
4. The act of breastfeeding or expressing breast milk.
B. For this chapter, any exhibition, performance, dance or other medium is obscene:
1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
2. Which explicitly depicts or describes patently offensive representations or descriptions of:
a. Ultimate sexual acts, normal or perverted, actual or simulated; or
b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibition of the genitals or genital area; or
c. Violent or destructive sexual acts including but not limited to human or animal mutilation, dismemberment, rape or torture; and
3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value. (Ord. 3714 § 5, 2017).
5.13.070 Standards of conduct.
The following standards of conduct shall be adhered to by any adult business for which a license is required by this chapter:
A. No person under the age of 18 years shall enter or remain in any establishment or premises in which an employee is in a state of nudity or partial nudity.
B. No employee shall be in a state of partial nudity under circumstances where such conduct is likely to be observed by a member of the public other than a customer.
C. No employee shall be in a state of nudity under circumstances where such conduct is likely to be observed by a member of the public, except that an employee who is employed as an escort or nude house cleaner may be in a state of nudity when observed by a customer.
D. No employee who is employed as an escort or nude house cleaner shall be in a state of nudity when observed by a customer unless the employee is removed at least six feet from the nearest customer.
E. No male employee shall be visible to a member of the public with his genitals in a discernibly turgid state, even if completely and opaquely covered.
F. No employee shall caress, fondle or erotically touch any employee or member of the public.
G. No employee shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or member of the public. (Ord. 3714 § 5, 2017).
5.13.075 Notice to public.
Any business for which an adult business license is required by this chapter shall by signage and other reasonable means put potential customers on notice that the business is an adult business from which persons under the age of 18 years are excluded. Such notice for a business establishment or premises shall include at least one sign conspicuously displayed at each entrance which shall have horizontal and vertical dimensions of least two feet by two feet and state “ADULTS ONLY” in bold letters at least six inches in height. (Ord. 3714 § 5, 2017).
5.13.080 Prima facie evidence of adult sales practice.
It shall be prima facie evidence of an adult sales practice when a person other than an adult entertainer as defined in MVMC 5.06.020 engages in the retail sale of goods or services while in a state of partial nudity under circumstances where such conduct is likely to be viewed by a member of the public. (Ord. 3714 § 5, 2017).
5.13.085 Signs.
In addition to any restriction on signs imposed, it shall be unlawful for an adult business for which a license is required by this chapter to display a sign as defined in MVMC 17.87.020 which is obscene, deceptive, misleading, or false, or which proposes a transaction which is illegal. (Ord. 3714 § 5, 2017).
5.13.090 Enforcement.
The licensing authority, development services director and/or police chief or designated representatives are authorized and directed to enforce the terms and provisions of this chapter. (Ord. 3714 § 5, 2017).
5.13.095 Nuisance declared.
A. Any adult entertainment business operated, conducted or maintained in violation of this chapter shall be, and the same is declared to be, unlawful and a public nuisance. The city may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law, and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult business contrary to the provisions of this chapter.
B. Any adult entertainment business operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action or actions to enjoin, remove or abate such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. (Ord. 3714 § 5, 2017).
5.13.100 Additional enforcement.
The remedies provided for in this chapter are not exclusive, and the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of this chapter. In addition to or as an alternative to any other penalty provided herein or by law, any person who engages in any activity for which a license or permit is required pursuant to the provisions of this chapter while his or her license is suspended or revoked, or in violation of any condition of a license or this chapter, or who fails to obtain a license or permit prior to engaging in the activity for which a license or permit is required, or who otherwise violates any license or permit law shall pay civil penalties as set forth in MVMC 19.35.010. The civil penalty may be assessed and collected by use of all appropriate legal remedies, including the procedures set out in MVMC Title 19. (Ord. 3714 § 5, 2017).
5.13.105 Relation to other laws.
A. This chapter shall not limit application of Chapter 9.19 MVMC and any other laws prohibiting public nudity except as expressly provided therein. Pursuant to MVMC 9.19.040, any public exposure of a person constituting a lewd act, other than employees working as escorts or nude house cleaners in adult businesses operating pursuant to this chapter, must be conducted within an adult entertainment dance studio operating pursuant to Chapter 5.06 MVMC.
B. This chapter shall not be construed to limit application of other federal, state, and local laws that may apply to adult businesses or employees subject to this chapter, including but not limited to laws relating to public health and workplace safety. (Ord. 3714 § 5, 2017).
5.13.110 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 3714 § 5, 2017).