Chapter 5.12
CABARET1
Sections:
5.12.020 License – Required – Fee.
5.12.030 License – Expiration – Regulations.
5.12.040 License – Application – Issuance.
5.12.050 License – Renewal – Application form.
5.12.060 List of directors, officers and shareholders of corporation applicant.
5.12.070 License – Refusal, cancellation, revocation.
5.12.080 Employees not permitted to dance or take refreshments with guests or patrons.
5.12.090 Soliciting dances or purchase of refreshments prohibited.
5.12.100 Boxes and booths to be open.
5.12.120 Illumination required.
5.12.130 Certain entertainment prohibited.
5.12.010 Definition.
For the purpose of this chapter, “cabaret” means any room, place or space in the city open for service to the public in which the guests, patrons, entertainers or other persons are permitted to dance in connection with the restaurant business or the business of directly or indirectly selling food or refreshments, including alcoholic beverages. (Ord. 287 § 1, 1966).
5.12.020 License – Required – Fee.
No person shall open up, conduct, manage, operate, or maintain a cabaret without having a license to do so issued by the city clerk, the annual license fee for which shall be as established by the taxes, rates and fees schedule adopted by ordinance. Such license is in addition to the business license required under NBMC 5.04.015. (Ord. 1498 § 1 (Exh. A (part)), 2013: Ord. 1237 § 3 (part), 2005: Ord. 287 § 2 (part), 1966).
5.12.030 License – Expiration – Regulations.
Each license under this chapter shall expire at midnight on the thirty-first day of December next following issuance and shall not be transferable or assignable. Closing hours, health restrictions, conduct of patrons, lighting of rooms and all general regulations of this chapter, and special regulations relating to dances and dancing, and as regards morality and decency, shall be effective as to and govern dancing in cabarets. (Ord. 287 § 2 (part), 1966).
5.12.040 License – Application – Issuance.
The application for a cabaret license shall be filed with the city clerk, who shall refer the application to the chief law enforcement officer for the city, the building official, and the city fire marshall who shall report back to the city clerk with their findings. The city council shall review the application and the reports from the responsible city officials and shall deny or approve said license subject to conditions necessary to protect the public health, safety and welfare. The city clerk may annually renew the license unless the chief law enforcement officer, building official, or fire marshall recommend that the license not be renewed. In that case the matter shall be referred to the city council to deny the renewal, or grant the renewal subject to such additional conditions as are necessary to address the concerns of the appropriate city official. (Ord. 939 § 1, 1994; Ord. 287 § 3 (part), 1966).
5.12.050 License – Renewal – Application form.
The application for a cabaret license or renewal thereof shall be made annually in writing on forms to be provided by the city clerk. Such application shall state the name or names of the applicant, the resident address thereof, the address of the cabaret, other licenses held by the applicant for such cabaret, whether applicant has ever been convicted of a crime and, if so, the nature thereof, and a description of the plan for allowing dancing in the cabaret including the location of the dance floor and whether the music will be “live” or mechanically reproduced. If the applicant is a partnership or a partner in a partnership having an interest in the cabaret, the names of all partners must be given on the application. (Ord. 287 § 3 (part), 1966).
5.12.060 List of directors, officers and shareholders of corporation applicant.
Each application for a cabaret license or for renewal of the same made by or on behalf of a corporation shall include a list of the names and addresses of all directors, officers and shareholders of such corporation, and if at any time changes of directors, officers or shareholders shall occur said list shall forthwith be amended by notice in writing filed with the city clerk, and failure to comply with this section shall be an additional ground for suspension or revocation of such license. (Ord. 287 § 4, 1966).
5.12.070 License – Refusal, cancellation, revocation.
The city clerk may refuse to issue a cabaret license, or he may cancel or revoke any such license after it has been issued, if he learns that the same was procured by fraud or false representation of facts, or that the applicant or permittee has failed to comply with the provisions and requirements of this chapter, or has violated any provision hereof, or for any other reason which, in the opinion of the chief of police, will be detrimental to the public peace, health or welfare. Any person may appeal to the council from the refusal to issue, or cancellation or revocation of a cabaret license. In the event of such appeal, the council shall afford such appellant and other persons having an interest in such appeal, a reasonable opportunity to be heard and shall base its decision on the considerations stated in this section. The decision of the council shall be final. (Ord. 287 § 5, 1966).
5.12.080 Employees not permitted to dance or take refreshments with guests or patrons.
It is unlawful for any person owning, managing, operating or conducting a cabaret to allow or permit any person employed by him in the capacity of an entertainer, servant, or otherwise, to approach or accost any guest or patron to dance or have refreshments with such employee during the hours of their employment, nor shall any person in the premises of a cabaret approach any person who is an employee of the owner, manager or operator in the capacity of an entertainer, servant or otherwise, during the hours of such employee’s employment, for the purpose of inducing any such employee to have refreshments or dance with any guest or patron of such cabaret. (Ord. 287 § 6, 1966).
5.12.090 Soliciting dances or purchase of refreshments prohibited.
It is unlawful for any person in or about any public dance hall, or other place in which public dancing is conducted to solicit dancing partners on commission basis, direct or indirect, or to solicit the purchase of refreshments on a commission basis, direct or indirect, and it is unlawful for the owner, manager or other person connected with the operation of any dance hall, or any other place in which dancing is conducted, to permit or allow any such solicitation therein. (Ord. 287 § 7, 1966).
5.12.100 Boxes and booths to be open.
It is unlawful for any person owning, operating or managing a cabaret to have, permit or maintain any boxes or booths closed by any door, screen, curtain or other device, or to have, permit or maintain any box or booth on the premises of any cabaret with entrance thereto on any side other than that side which faces the center of the main room. (Ord. 287 § 8, 1966).
5.12.110 Minors prohibited.
A. It is unlawful for the owner, proprietor or manager in charge of the cabaret, or for any employee at the place to harbor, admit, receive or permit to be or remain in and about such cabaret, a minor person under the age of 18 years, or in the case of a cabaret serving alcoholic beverages under the age of 21; or for any person under the age of 18 years, or in the case of a cabaret serving alcoholic beverages under the age of 21 years, to be in or about any cabaret after being notified by the management or a peace officer to leave the premises, or to make any misrepresentation as to his own age or that of any other person, for the purpose of obtaining admission to any cabaret or to remain therein;
B. It is unlawful for the owner, proprietor or person in charge of any cabaret to employ as an entertainer in such place any person who is not at least 21 years of age and of good moral character. (Ord. 287 § 9, 1966).
5.12.120 Illumination required.
After sunset, every cabaret licensed under the provisions of this chapter shall be so lighted or illuminated by electricity or other means, that the intensity of such illumination shall be at no time less than three foot candles at a plane three feet above the floor, at all parts of the cabaret, and it is unlawful for any person in charge of a cabaret to admit any person therein after sunset until that place is illuminated as provided in this section. Such lighting or illumination shall be maintained thereafter throughout the entire time during which such cabaret shall be open or entertaining guests or patrons and until such be cleared and closed. (Ord. 287 § 10, 1966).
5.12.130 Certain entertainment prohibited.
A. It is unlawful in any cabaret to give, or permit any entertainment or exhibition of a lewd, suggestive, vulgar or immoral type, or to use therein any indecent or obscene language;
B. It is unlawful for any cabaret owner, manager or operator knowingly to permit or cause any female entertainer, waitress or female employee to appear in any cabaret with her breasts exposed to public view. (Ord. 287 § 11, 1966).
5.12.140 Penalties.
In addition to the cancellation or revocation of the cabaret license, if applicable, any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor and shall be sentenced to not more than six months in jail or a fine of not more than $500.00, or by both such fine and imprisonment. (Ord. 287 § 13, 1966).
For statutory provisions authorizing cities to license and regulate dancing, music and entertainment upon licensed premises, see RCW 66.28.080.