Chapter 5.20 ADULT ENTERTAINMENT

A. Certain conduct occurring on premises offering sexually oriented adult entertainment is detrimental to the public health, safety, and general welfare of the citizens of the City and, therefore, such conduct must be regulated as provided herein.

B. Regulation of the sexually oriented adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred.

C. It is necessary to license entertainers in the sexually oriented adult entertainment industry to prevent the exploitation of minors to ensure that each such entertainer is an adult, and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.

D. It is necessary to have a licensed manager on the premises of establishments offering sexually oriented adult entertainment at such times as such establishments are offering sexually oriented adult entertainment so that at all necessary times, there will be an individual responsible for the overall operation of the establishments, including the actions of patrons, entertainers and other employees.

E. The license fees required herein are reasonable fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the City in regulating the sexually oriented adult entertainment industry.

F. Businesses providing sexually oriented adult entertainment are increasingly associated with ongoing prostitution, illegal drug transactions, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public peace, health and safety.

G. Concern over sexually transmitted diseases is a legitimate health concern of the City which requires regulation of sexually oriented adult entertainment businesses in order to protect the health and well being of the public. (Ord. 2023 § 1, 1993).

5.20.020 Definitions.

A. “Employee” means any and all persons, including entertainers and independent contractors, who work in or at or render any services directly related to the operation of a public place of amusement, which offers, conducts, or maintains adult entertainment.

B. “Entertainer” means any person who provides adult entertainment within a public place of amusement as defined in this section whether or not a fee is charged or accepted for such entertainment.

C. “Entertainment” means any exhibition or dance of any type, pantomime, modeling, or any other performance.

D. “Manager” means any person appointed by the operation who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity involving sexually oriented adult entertainment occurring at any place offering sexually oriented adult entertainment.

E. “Member of the public” is defined as any customer, patron or person, other than an employee, who is invited or admitted to a sexually oriented adult entertainment premises.

F. “Obscenity”. For purposes of this chapter, obscenity is defined as set forth in the Washington Moral Nuisance Statute, Chapter 7.48A RCW, to-wit: any matter,

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 areas; 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.

G. “Public place of amusement”, “public amusement/entertainment”, and “public entertainment” mean an amusement, diversion, entertainment, show, performance, exhibition, display or like activity, 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, either direct or indirect.

H. “Operator” means any person operating, conducting, or maintaining a sexually oriented adult entertainment business.

I. “Sexually oriented adult entertainment” means any entertainment conducted in a public place of amusement where such entertainment involves a person appearing or performing in a state involving the exposure to view of any portion of the breast below the top of the areola, or any portion of the pubic area, anus, vulva or genitals.

J. “Sexually oriented adult entertainment premises” means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides sexually oriented adult entertainment on a regular basis and as a substantial part of the business operation.

K. “Specified sexual activities” means:

1. Acts of human masturbation, sexual intercourse or sodomy; or

2. Fondling or other erotic touching of human genitals, pubic area, anus or female breast; or

3. Human genitals in a state of sexual stimulation or arousal. (Ord. 2023 § 2, 1993).

5.20.030 Standards of conduct and operation for sexually oriented adult entertainment – Standards for employees.

The following standards of conduct must be adhered to by managers and employees, as defined herein, of any public place of amusement which offers, conducts, or maintains sexually oriented adult entertainment:

A. No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola or any portion of the pubic area, anus, vulva or genitals except as provided for in subsection F of this section.

B. No employee or entertainer mingling with the patrons shall be unclothed or in such attire, costume, or clothing as described in subsection A of this section.

C. No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person.

D. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breasts below the top of the areola, vulva, genitals, anus, or any portion of the pubic area.

E. No employee or entertainer shall perform acts of or acts which simulate:

1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law;

2. The touching, caressing, or fondling of the breasts, buttocks, or genitals.

F. No employee shall have their breasts below the top of the areola, or any portion of the pubic area, vulva, genitals, anus exposed to view except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.

G. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.

H. No employee or entertainer shall remain in or upon the public place of amusement who exposes to public view any portion of his or her genitals or anus except as expressly provided in subsection F of this subsection.

I. There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such lists shall further indicate the specific fixed fee or a specific fixed charge in dollar amounts for each entertainment listed.

J. The stage and the entire interior portion of cubicles, rooms, or stalls wherein adult entertainment is provided must be visible from the common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

K. No activity or entertainment occurring on the premises shall be visible at any time from any public place outside the premises.

L. No entertainer or any place offering adult entertainment shall be visible from any public place outside the premises.

M. No entertainer employed upon a sexually oriented adult entertainment premises shall solicit, demand, accept or receive any gratuity or other payment from a patron, customer or member of the public.

N. A 24-inch by 18-inch sign shall be conspicuously displayed in the common area of the premises, and shall read as follows:

THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF MOUNTLAKE TERRACE. ENTERTAINERS ARE:

1. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT;

2. NOT PERMITTED TO EXPOSE THEIR BREASTS BELOW THE TOP OF THE AREOLA, ANY PORTION OF THE PUBIC AREA, GENITALS OR VULVA AND/OR ANUS EXCEPT UPON A STAGE AT LEAST 18 INCHES FROM THE IMMEDIATE FLOOR LEVEL AND REMOVED AT LEAST 6 FEET FROM THE NEAREST PATRON; AND

3. NOT PERMITTED TO SOLICIT, DEMAND, ACCEPT OR RECEIVE ANY GRATUITY OR OTHER PAYMENT FROM A PATRON.

O. Exceptions. This chapter shall not be construed to prohibit:

1. Plays, operas, musicals, or other dramatic works which are not obscene;

2. Classes, seminars, and lectures held for serious scientific or educational purposes; or

3. Exhibitions or dances which are not obscene. (Ord. 2023 § 3, 1993).

5.20.040 Standards for owner or operator.

At any public place of amusement which offers, conducts, or maintains sexually oriented adult entertainment as those terms are defined in MTMC 5.20.020, the following are required:

A. Admission must be restricted to persons of the age of 18 years or more; and

B. Sufficient lighting shall be provided in or about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times. (Ord. 2023 § 4, 1993).

5.20.050 License for business required – Fee.

A. No public place of amusement, including but not limited to places which offer sexually oriented adult entertainment, shall be operated or maintained in the City of Mountlake Terrace unless the owner or lessee thereof has obtained a license from the City Clerk. For places offering sexually oriented adult entertainment, the required license shall be the adult entertainment premises license as set forth in MTMC 5.20.080(A). It is unlawful for any entertainer, employee, or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operation of an unlicensed public place of amusement/entertainment. The licenses required under this chapter are separate from and in addition to the business license that may be required under Chapter 5.05 MTMC when applicable.

B. The annual fee for such a license shall be $500.00.

C. This license expires annually on December 31st and must be renewed by January 1st.

D. There will be no prorating of the fee.

E. The applicant must be 18 years of age or older. (Ord. 2764 § 8, 2019; Ord. 2023 § 5, 1993).

5.20.060 License for managers and entertainers required – Fee.

A. No person shall work as a manager or entertainer at a public place of amusement offering sexually oriented adult entertainment without having first obtained a manager’s or entertainer’s license from the City Clerk pursuant to MTMC 5.20.080(B).

B. The annual fee for such a license shall be $100.00.

C. This license expires annually on December 31st and must be renewed by January 1st.

D. There will be no prorating of the fee.

E. The applicant must be 18 years of age or older. (Ord. 2023 § 6, 1993).

5.20.070 Due date for license fees.

All licenses required by MTMC 5.20.050 and 5.20.060, must be issued and the applicable fees paid to the City Clerk at least 14 calendar days before the opening of the sexually oriented adult entertainment business. (Ord. 2023 § 7, 1993).

5.20.080 License applications.

A. Sexually Oriented Adult Entertainment Premises License. All applications for a sexually oriented adult entertainment premises license shall be submitted in the name of the person or entity proposing to conduct such public amusement/entertainment on the business premises and shall be signed by such person and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the City Clerk, which shall require the following information:

1. The name, home address, home telephone number, date and place of birth, driver’s license number, if any, and social security number of the applicant if the applicant is an individual.

2. The business name, address and telephone number of the establishment.

3. The names, addresses, telephone numbers, and social security numbers of all owners, leaseholders, and other persons holding a significant interest based on responsibility for management of the business, including corporate officers, specifying the interest or management responsibility of each.

4. Terms of any loans, leases, secured transactions and repayments therefore relating to the business.

5. Addresses of the applicant for the five-year period immediately preceding to the date of application.

6. A description of the sexually oriented adult entertainment or similar business history of the applicant whether such person or entity, in previously operating in this or another city, county, or state, has had a business license or adult entertainment-related license revoked or suspended, the reason therefore, and the activity or occupation subsequent to such action, suspension, or revocation.

7. Any and all criminal convictions or forfeitures other than parking offenses or minor traffic violations including dates of conviction, nature of the crime, name and location of court and disposition for each owner, partner, or corporation.

8. A description of the business, occupation, or employment of the applicant for the three-year period immediately preceding the date of the application.

9. Authorization for the City, its agents and employees to seek information to confirm any statements set forth in the application.

10. Supplemental identification and/or information necessary to confirm matters set forth in the application.

B. Manager or Entertainer License. All applications for a manager’s or entertainer’s license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the City Clerk, which shall require the following information:

1. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by the Mountlake Terrace Police Department employees, social security number, and any stage names or nicknames used in entertaining.

2. The name and address of each business at which the applicant intends to work.

3. Documentation that the applicant has attained the age of 18 years. Any of the following shall be accepted as documentation of age:

a. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

b. A state issued identification card bearing the applicant’s photograph and date of birth;

c. An official passport issued by the United States of America;

d. An immigration card issued by the United States of America;

e. Any other picture identification issued by a governmental entity, or

f. Such other form of identification as the City determines to be acceptable.

4. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state except parking violations or minor traffic infractions.

5. A description of the applicant’s principal activities or services to be rendered.

6. Resident addresses and telephone numbers for the five-year period immediately preceding the date of application specifying the period of residence at each address.

7. The name and address of employers or individuals or businesses for whom the applicant was an employee or independent contractor for the three-year period immediately preceding the date of application, including the period of employment.

8. Supplemental information and/or identification deemed necessary by the Clerk, or his/her designee to confirm any statements set forth in the application.

9. Authorization for the City, its agents and employees to investigate and confirm any statements set forth in the application.

C. If any person or entity acquires, subsequent to the issuance of a public amusement/entertainment license for places offering sexually oriented adult entertainment, an interest in the licensed premise involving responsibility for management of the business, immediate notice of such acquisition shall be provided in writing to the City Clerk, and in no event, no later than 21 days following such acquisition. The information required to be provided pursuant to this subsection shall be that information required for original license applications.

D. Copies of an application shall, within five calendar days of receipt thereof, be referred by the City Clerk to the Planning, Building, Fire, or other appropriate departments. The departments shall, within 30 business days, inspect the application, the premises proposed to be operated as a sexually oriented adult entertainment establishment, and shall make written verification to the City Clerk that such premises complies with the codes of the City. No license may be issued without such verification. The application shall also be referred to the Mountlake Terrace Police Department for a criminal records check and verification of the information provided by the applicant on the application for a license.

E. Upon completion of the investigation and review by the departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct and that this chapter has been complied with, the City Clerk shall issue such license applied for in accordance with the provisions with this chapter; provided, however, that the applicable license fee, together with any delinquent fees that may then be due shall first be paid to the City. (Ord. 2023 § 8, 1993).

5.20.090 Issuance of licenses.

A. Within 30 days of the date of filing of any application for an adult entertainment premises license, or within five working days for a manager’s license or entertainer’s license, the Clerk shall issue the license or licenses applied for or renewal thereof, or notice of nonissuance and the reasons therefor. In the event that the Clerk is unable to verify the information provided for a manager’s or entertainer’s license, the Clerk shall issue a temporary license within five days, subject to revocation.

B. The clerk shall issue the license or licenses applied for if and only if, after an investigation, the clerk finds:

1. That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and standards of this chapter and the Mountlake Terrace zoning code; and

2. That the applicant, his or her agent, partner, director, officer or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or records required to be filed with the clerk.

C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicants from holding the licenses for which they seek renewal; and further provided, that the application is consistent with all provisions of this chapter as now enacted or as the same may hereafter be amended. (Ord. 2023 § 9, 1993).

5.20.100 Suspension or revocation of licenses – Notices – Emergency suspension.

A. After an investigation and upon the recommendation of the Chief of Police, Director of Planning, Fire Chief or the Snohomish County Health Officer, the clerk may, upon 30 days’ notice, temporarily or permanently suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist:

1. The license was procured by fraud or misrepresentation of a material fact in the application or in any report or record required to be filed with the clerk; or

2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or the standards of this chapter.

3. The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted in or upon the premises, any violations of this chapter or acts made unlawful under this chapter. (“Employee” shall be construed to include independent contractors, as provided under MTMC 5.20.020(A).)

B. If the Clerk finds that any condition set forth in subsection A of this section exists, and that such condition constitutes a threat of immediate serious injury or damage to persons or property, the Clerk may immediately suspend any license issued under this chapter pending a hearing in accordance with MTMC 5.20.110. The Clerk shall issue a notice setting forth the basis for the Clerk’s action and the facts that constitutes a threat of immediate serious injury or damage to person or property. (Ord. 2023 § 10, 1993).

5.20.110 Appeal and hearing.

A. Any person aggrieved by the action of the Clerk in refusing to issue or renew any license under this chapter or in temporarily or permanently suspending or revoking any license under this chapter shall have the right to appeal such action to the City Hearing Examiner, or to such other hearing body as may hereafter be established by the City Council for the hearing of such appeals, by filing a notice of appeal with the City Clerk within 10 days of receiving notice of the action from which appeal is taken.

B. The Hearing Examiner, or such other hearing body as may hereafter be established by the City Council for the hearing of such appeals, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within 20 days from the date of such receipt, except as specified in subsection C of this section. The hearing shall be de novo. The hearing body shall hear testimony, take evidence and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the Clerk, pending the decision of the hearing body.

C. In cases of summary suspension of licenses because of the threat of immediate serious injury or damage to persons or property pursuant to MTMC 5.20.100(B), the hearing body, upon receipt of a timely notice of appeal, shall set a date for a hearing within five days of the date of such receipt. The hearing body shall render a decision within five days of the conclusion of the hearing. The filing of such appeal shall not stay the action of the clerk.

D. The decision of the hearing body on an appeal from a decision of the clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the clerk.

E. The decision of the hearing body shall be final unless appealed to the Superior Court within 20 days of the date the decision is entered. (Ord. 2481 § 5, 2008; Ord. 2023 § 11, 1993).

5.20.120 Manager on premises.

A. A licensed manager shall be on duty at an sexually oriented adult entertainment premises at all times sexually oriented adult entertainment is being provided. The name of the manager on duty shall be prominently posted during business hours.

B. The licensed manager on duty shall not be an entertainer. It shall be the responsibility of the manager to verify that any person who provides sexually oriented adult entertainment within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter. (Ord. 2023 § 12, 1993).

5.20.130 License nontransferable.

No license or permit shall be transferable. (Ord. 2023 § 13, 1993).

5.20.140 License – Posting and display.

A. Every adult entertainer shall post his or her permit in his or her work area so that it is readily available for public inspection.

B. Every person, corporation, partnership, or association licensed under this chapter shall display such license in a prominent place. The name of the manager on duty shall be prominently posted during business hours. (Ord. 2023 § 14, 1993).

5.20.150 License – Name and place of business.

No person granted a license pursuant to this chapter shall operate the sexually oriented adult entertainment business under a name not specified in his/her license, nor shall he/she conduct business under any designation or location not specified in his/her license. (Ord. 2023 § 15, 1993).

5.20.160 Inspections.

A. All books and records required to be kept pursuant to this chapter shall be open to inspection by the Police Chief of the City of Mountlake Terrace during the hours when the licensed premises is open for business, upon two days’ written notice to the licensee. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.

B. The licensed premises shall be (as an implied condition of receiving a sexually oriented adult entertainment license) open to inspection by the Police Chief or his designee during the hours when the sexually oriented adult entertainment premises is open for business. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this chapter. (Ord. 2023 § 16, 1993).

5.20.170 Alcoholic beverages and controlled substances prohibited.

No sexually oriented adult entertainment premises shall serve, sell, distribute or allow the consumption or use of any alcoholic beverage or controlled substance upon the premises, including the premises parking areas. (Ord. 2023 § 17, 1993).

5.20.180 Hours of operation.

It is unlawful for any sexually oriented adult entertainment premises to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 2023 § 18, 1993).

5.20.190 Record keeping requirements.

A. No later than March 1st of each year, each sexually oriented adult entertainment premises licensee shall file with the Police Chief of the City of Mountlake Terrace a verified report showing the licensee’s gross receipts and amounts paid to entertainers for the preceding calendar year.

B. Each sexually oriented adult entertainment premises licensee shall maintain and retain for a period of two years the names, address and ages of all persons employed as entertainers by the licensee. (Ord. 2023 § 19, 1993).

5.20.200 Public nuisance.

Any sexually oriented adult entertainment business operated, conducted, or maintained contrary to the provisions of this chapter or any law of the City or state of Washington shall be, and the same is, declared to be unlawful and a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such reliefs as will abate or remove such sexually oriented adult entertainment business, and restrain and enjoin any person from operating, conducting, or maintaining a sexually oriented adult entertainment business contrary to the provisions of this chapter. (Ord. 2023 § 20, 1993).

5.20.210 Moral nuisance.

Any sexually oriented adult entertainment business operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW (Moral Nuisance) shall be, and the same is declared to be, unlawful and a moral nuisance and the City Attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, for the abatement, removal, and enjoinment therefor, or civil penalty, in the manner provided by the moral nuisance statute. (Ord. 2023 § 21, 1993).

5.20.220 Violation – Penalty.

Every person, including members of the public, (except those persons who are specifically exempted by this chapter), owners, operators, employees or agents, or independent contractors for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly who works in or operates a sexually oriented adult entertainment business, of any of the services defined in this chapter without first obtaining a license or permit, and paying a fee to do so, from the City, or violates any provisions of this chapter shall be guilty of a gross misdemeanor. Upon conviction such person shall be punished by a fine not to exceed $5,000, or by imprisonment for a period not to exceed one year or both such fine and imprisonment. (Ord. 2023 § 22, 1993).

5.20.230 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the City 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. 2023 § 23, 1993).