Chapter 9.20
ADULT ENTERTAINMENT BUSINESS
Sections:
9.20.010 Exemptions to chapter applicability.
9.20.020 Exemption from provisions.
9.20.040 Business licenses and inspections.
9.20.060 Adult entertainment parlor—Liquor prohibited.
9.20.070 Regulations relating to on-premises viewing.
9.20.080 Regulations applicable to video stores not qualifying as adult video stores.
9.20.090 Conduct of employees and operators.
9.20.100 Operation regulations.
9.20.110 Responsibilities of managers.
9.20.120 Premises—Specifications.
9.20.130 Violation deemed a public nuisance.
9.20.140 Violation deemed a misdemeanor.
9.20.010 Exemptions to chapter applicability.
The provisions of this chapter shall not apply to massages performed or baths provided in any hospital, clinic or at the athletic department of any public or private secondary school or college, or by any person who has been certified or licensed by the state of Washington to practice medicine, surgery, drugless therapy, physical therapy, massage, osteopathy, osteopathy and surgery, chiropractic, podiatry, or nursing. (Ord. 1038 § 1 (part), 2019)
9.20.020 Exemption from provisions.
A. This chapter does not apply to premises which are primarily devoted to theatrical performances where there are seats arranged so that the body of spectators has an unobstructed view of the stage for viewing performances of artistic expression and where such performances are not incidental to the promotion of the sale of food and/or drink, and where patrons are not permitted to touch, caress or fondle the actors or entertainers performing therein.
B. This chapter does not prohibit:
1. Plays, operas, musicals, or other dramatic works that are not obscene; or
2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not obscene.
4. The exemptions in this section do not apply to sexual conduct defined in Section 9.20.030, or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii). Whether or not activity is obscene shall be judged by consideration of the standards set forth in RCW 7.48A.010(2).
(Ord. 1038 § 1 (part), 2019)
9.20.030 Definitions.
Wherever the following words and terms appear in this chapter, they shall have the following meanings:
“Adult arcade” shall mean a business where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, video disks or other photographic reproductions which are characterized by the depiction or description of “specific sexual activities” or “specific anatomical areas.”
“Adult bookstore,” “adult novelty store,” or “adult video store” shall mean a commercial business which has as one of its principal business purposes the offering for sale or rental for some form of consideration books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas. Provided, however, that video stores that sell and/or rent only videotapes or other graphic reproductions and associated equipment shall only come within the definition set forth herein if twenty percent or more of its stock in trade or revenue comes from the rental or sale of videotapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of specific sexual activities or specific anatomical areas.
“Adult entertainment business” includes: adult entertainment parlor, adult live entertainment center, adult arcade, adult bookstore, adult novelty store, and/or adult video store.
“Adult entertainment parlor” means a place in the incorporated area of the city where sexually stimulating touching is performed upon the body of one person by another person; nude modeling studios or sauna baths, Turkish baths, Swedish baths where sexually stimulating touching is performed upon the body of one person by another person or the like is made available to members of the public.
“Adult entertainment parlor employee” means any person employed by an adult entertainment parlor, including any person who performs sexually stimulating actions in any way upon patrons of an adult entertainment parlor, or who supervises the work of such a person.
“Adult live entertainment center” means a business having, as parts of its trade, live dancers or entertainers who depict specific sexual activities or display specific anatomical areas as defined herein, including, but not limited to, topless dance centers, so-called exotic dance centers, limited apparel businesses, and body painting studios.
“Employee” and/or “independent contractor” means any and all persons, including entertainers, who work in or at or render any services directly related to the operation of any adult live entertainment center.
“Entertainer” means any person who provides entertainment within an adult live entertainment center as defined in this section whether or not a fee is charged or accepted for such entertainment.
“Entertainment” means any exhibition or dance of any type, removal of articles of clothing, pantomime, modeling or any other sexually stimulating performance.
“Limited apparel business” means:
1. Any establishment that does not provide adult entertainment, but in which a person provides retail services to the general public in a state of partial nudity, which 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: (a) any part of the genitals, buttocks, or anal cleft; or (b) any part of the female breast located below the top of the areola.
2. A “state of partial nudity” exists when the above are covered by 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; and 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.
“Operator” means any person operating, conducting or maintaining an adult live entertainment center.
“Specific anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specific sexual activities” means:
1. Human genitals in a state of sexual stimulation; and/or
2. Acts of human masturbation, sexual intercourse or sodomy; and/or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts.
(Ord. 1038 § 1 (part), 2019)
9.20.040 Business licenses and inspections.
A. No person, firm, partnership, corporation, or other entity shall operate an adult entertainment business without first obtaining a license issued pursuant to Chapter 5.52. Any of the licenses required under Chapter 5.52 are separate from and in addition to the business license issued under Chapter 5.02, which may also be required when applicable.
B. An applicant for an adult entertainment business license shall be considered to consent, as a condition of receiving such license, to inspection by the chief of police or the building official or their designees during hours when such businesses are open. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this code. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.
(Ord. 1065 § 1, 2020; Ord. 1038 § 1 (part), 2019)
9.20.050 Hours of operation.
All adult entertainment businesses shall be closed, and all services performed therein discontinued, between the hours of twelve-thirty a.m. and ten a.m. (Ord. 1038 § 1 (part), 2019)
9.20.060 Adult entertainment parlor—Liquor prohibited.
Liquor, as defined in the Washington State Alcoholic Beverage Control Act, shall not be distributed or consumed on the premises of any adult entertainment parlor. (Ord. 1038 § 1 (part), 2019)
9.20.070 Regulations relating to on-premises viewing.
Any adult arcade, adult bookstore, adult novelty store or adult video store having facilities for customers’ viewing of depictions of human nudity and/or sexual conduct of any nature, including depictions of specific sexual activities, shall comply with the following regulations:
A. Construction/Maintenance.
1. Adult Arcade Entertainment Business Premises. All adult arcade stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located in the main entranceway to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager’s view of any portion of the activity or occupant of the adult arcade station or booth, or the performance area.
2. All such areas shall be maintained in a clean and sanitary condition at all times.
3. All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located more than one foot below the top of the booth walls or one foot from the bottom of booth walls. There may not be any other holes or openings between the booths.
B. Signs.
1. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade premises a sign stating substantially the following:
a. No persons under the age of eighteen years shall be allowed to occupy a viewing booth at any time.
b. Occupancy of any station or booth is at all times limited to one person.
c. There may be no criminal activity in the stations, booths, or on the premises, including but not limited to: sexually explicit conduct (RCW 9.68A.011), 9.16, unlawful exposure (Chapter 9.04), prostitution, drug activity, or sexual conduct, as defined herein.
d. Violators are subject to criminal prosecution.
2. Each sign must be conspicuously posted and not screened from the patrons’ view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height.
C. Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the adult entertainment business so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers, is required for all areas of the adult entertainment business where members of the public are permitted.
D. Unlawful Conduct. The following conduct or activity is unlawful:
1. Masturbation in viewing booths.
2. Two or more customers in a viewing booth at the same time.
3. The use of such booths by any person under the age of eighteen years.
4. For the owner or manager to knowingly allow the above conduct.
(Ord. 1038 § 1 (part), 2019)
9.20.080 Regulations applicable to video stores not qualifying as adult video stores.
Video stores that sell or otherwise distribute films, motion pictures, video cassettes, slides, video disks or other visual representations which are characterized by the depiction or description of specific sexual activities or specific anatomical areas, and less than twenty percent of their stock-in-trade or revenues comes from the rental or sale of such items, shall be subject to the following regulations:
A. All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store.
B. No advertising for such items shall be posted or otherwise visible except where such items are authorized.
C. Signs readable at a distance of twenty feet in both English and Spanish shall be posted at the entrance to the area where such items are displayed stating that persons under the age of eighteen are not allowed access to the area where such items are displayed.
D. The manager or attendant shall take reasonable steps to monitor the area where such items are displayed to ensure that persons under eighteen years of age do not access the age-restricted area.
E. Rental or sale of obscene material, as defined by state law, or material harmful to minors, as defined by state law, to persons under eighteen years of age is prohibited.
F. Employees of such video stores shall check identification to ensure that such items are not rented or sold to persons under the age of eighteen.
(Ord. 1038 § 1 (part), 2019)
9.20.090 Conduct of employees and operators.
The following standards of conduct shall be adhered to by operators and employees of any adult live entertainment center:
A. All employees of an adult live entertainment center must adhere to the following standards of conduct while in any area in which a member of the public is allowed to be present:
1. An employee may not be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public.
2. An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering that simulates the same.
3. An employee mingling with a member of the public may not wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the pubic region or buttocks.
4. An employee may not caress, fondle or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle or erotically touch that employee.
5. An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington moral nuisance statute, unlawful exposure (Chapter 9.04), or any provision regulating offenses against public morals.
6. An employee mingling with a member of the public may not conduct any dance, performance or exhibition in or about the nonstage area of the adult live entertainment center unless that dance, performance or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public.
7. A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before any performance, dance or exhibition provided by the entertainer. An entertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the management of the adult live entertainment center or provided through a manager on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or about the nonstage area of the adult live entertainment center must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer.
8. No entertainer shall be permitted to solicit any pay or gratuity from any patron and/or solicit the purchase of any food or drink by any patron.
B. At an adult live entertainment center the following are required:
1. Admission must be restricted to persons of the age of eighteen years or older. An owner, operator, manager or other person in charge of the adult entertainment business may not knowingly permit or allow any person under the age of eighteen years to be in or upon the premises whether as an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This section is not intended to be used in a prosecution of a minor on or within an adult entertainment business.
2. Neither the performance, nor any photograph, drawing, sketch or other pictorial or graphic representation of the performance, displaying any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks, genitals, and/or anus, may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment business.
3. A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the adult entertainment business that include but are not limited to: the dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. However, a person delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform the person’s job duties.
4. Restrooms may not contain video reproduction equipment and/or adult arcade devices.
5. Doors to areas of the adult entertainment business that are available for use by persons other than the owner, manager, operator, or their agents or employees may not be locked during business hours.
6. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment business that police officers or county health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises.
(Ord. 1038 § 1 (part), 2019)
9.20.100 Operation regulations.
The following requirements shall be adhered to by any adult live entertainment center:
A. There shall be posted and conspicuously displayed in the common areas of each adult live entertainment center a list of any and all entertainment provided on the premises for a fee in addition to the admission fee. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed.
B. No activity or entertainment occurring within an adult live entertainment center shall be visible at any time from outside such hall.
C. At least one security person per one hundred patrons shall be on duty inside the premises at all times during hours of operation. Security persons shall also patrol the parking area adjacent to the premises at least once per each hour of operation. All security persons shall wear a uniform which will make such persons readily recognizable as security personnel.
D. Admission shall be restricted to persons of the age of eighteen years or over.
E. Sufficient lighting shall be provided in and about the parts of the premises which are open to patrons and/or members of the public so that all objects are plainly visible at all times.
F. No operator or employee of an adult live entertainment center shall serve, sell, distribute or permit the consumption or possession of any intoxicating liquor or controlled substance upon the premises of such business, including parking lots under the control of the operator.
G. An operator of an adult live entertainment center shall conspicuously display the license required by this chapter in an area open to patrons of such establishment.
H. No operator of an adult live entertainment center shall employ as an entertainer any person under the age of eighteen years or a person not licensed pursuant to this chapter.
I. An operator of an adult live entertainment center shall maintain and retain for a period of two years: names, addresses and ages of persons employed as entertainers by licensee.
(Ord. 1038 § 1 (part), 2019)
9.20.110 Responsibilities of managers.
The responsibilities of the manager of an adult live entertainment business shall include:
A. A licensed manager shall be on duty at an adult entertainment business at all times adult entertainment is being provided or members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer’s license;
B. The licensed manager on duty shall not be an entertainer;
C. The manager licensed under this chapter shall maintain visual observation from a manager’s station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult entertainment business. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is unable to visually observe, at all times, each entertainer, each employee, and each member of the public, a manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment business. All adult arcade stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located at the main entranceway to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager’s view of any portion of the activity or occupant of the adult entertainment business;
D. The manager shall be responsible for and shall ensure that the actions of members of the public, the adult entertainers, and all other employees shall comply with all requirements of this chapter.
(Ord. 1038 § 1 (part), 2019)
9.20.120 Premises—Specifications.
A. Adult Live Entertainment Center Premises. The performance area of the adult live entertainment center where adult entertainment is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the performance area must be installed on the floor of the premises to separate the performance area and the public seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein the adult live entertainment is provided must be visible from the common areas of the premises and from at least one manager’s station. Visibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other obstructions.
B. Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the adult entertainment business so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers, is required for all areas of the adult entertainment business where members of the public are permitted.
C. Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment business stating the following:
This adult entertainment business is regulated by the laws of the City of Ocean Shores, Grays Harbor County.
D. Entertainers are:
1. Not permitted to engage in any type of sexual conduct.
2. Not permitted to appear semi-nude or nude, except on stage.
3. Not permitted to accept tips or gratuities in advance of their performance.
4. Not permitted to accept tips or gratuities directly from patrons while performing upon any stage area or in any arcade station or booth.
(Ord. 1038 § 1 (part), 2019)
9.20.130 Violation deemed a public nuisance.
Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct may be enjoined by an action brought by the city attorney or other interested person. (Ord. 1038 § 1 (part), 2019)
9.20.140 Violation deemed a misdemeanor.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the police chief, city attorney or duly appointed agent of either. (Ord. 1038 § 1 (part), 2019)