Chapter 5.92 LICENSING AND OPERATION OF ADULT ENTERTAINMENT FACILITIES

It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown, however, that adult entertainment facilities, as defined herein, are detrimental to the public health, safety and welfare. Adult entertainment facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activity. These activities often lead to the development of public nuisances, including moral nuisances. Therefore, the licensing and operation of adult entertainment facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. (Ord. 2917 § 2, 2006).

5.92.020 Scope.

This chapter governs the licensing and operation of all adult entertainment facilities within the city. The location and siting of adult entertainment facilities is governed by the zoning regulations contained in PTMC Title 17. All adult entertainment facilities shall satisfy the requirements of both this chapter and PTMC Title 17. (Ord. 2917 § 2, 2006).

5.92.030 Definitions.

For the purposes of this chapter, certain terms and words are defined as follows:

A. “Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

B. “Adult business license” means a license issued by the city clerk under this chapter to the owner or operator of an adult entertainment facility.

C. “Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features:

1. Persons who appear nude or semi-nude; or

2. Live performances which are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified anatomical areas or any specified sexual activities.

D. “Adult entertainment” means:

1. Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2. Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

E. “Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motion picture theater, adult retail store, or other establishment where adult entertainment is offered, including but not limited to private membership clubs.

F. “Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual media are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

G. “Adult retail store” means an enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan, trade, transfer or viewing of sexually oriented materials. For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to sexually oriented materials if the sale, exchange, rental, loan, trade, transfer or viewing of such sexually oriented materials is clearly material to the economic viability of the business. It is rebuttably presumed that such sexually oriented materials are clearly material to the viability of the business if sexually oriented materials accounts for:

1. Twenty-five percent or more of the retail dollar value of gross sales over any quarterly period;

2. Twenty-five percent or more of the floor area of the store open to the public;

3. Twenty-five percent or more of the retail dollar value of all merchandise displayed in the store;

4. Twenty-five percent or more of the store’s inventory (whether measured by retail dollar value or number of items); or

5. Twenty-five percent or more of the store’s stock in trade.

In no event shall a retailer whose transactions only incidentally or marginally relate to sexually oriented materials be considered an adult retail store.

H. “Applicant” means a person or persons applying for a license under this chapter.

I. “City” means the city of Port Townsend, Washington.

J. “City clerk” means the city of Port Townsend, Washington, city clerk, staff member, or designee assigned to carry out a particular city clerk assignment or job function, as appropriate.

K. “Employee” means any person, including a manager, entertainer, escort, or nude model, who works in or renders any services directly related to the operation of any adult entertainment facility, whether or not such person is paid compensation by the owner or operator of the adult entertainment facility.

L. “Entertainer” means any person who provides live adult entertainment in an adult entertainment facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the adult entertainment facility and whether or not a fee is charged or accepted for such entertainment.

M. “Entertainer’s license” means a license issued by the city clerk under this chapter to an entertainer, escort, or nude or semi-nude model.

N. “Escort” means a person employed by an escort agency, and who, for any form of 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.

O. “Escort agency” means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose for a fee, tip, or other consideration. The term “escort agency” shall not include any escort service offered by a charity or nonprofit organization for medical assistance or assistance to the elderly or infirm.

P. “Licensee” means a person or persons in whose name a license to operate an adult entertainment facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, entertainer, escort, or nude or semi-nude model, a person in whose name a license has been issued authorizing employment or entertainment in an adult entertainment facility.

Q. “Manager” means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within an adult entertainment facility, including assistant managers working with or under the direction of a manager to carry out such purposes.

R. “Manager’s license” means a license issued by the city clerk under this chapter to a manager or assistant manager of an adult entertainment facility.

S. “Nude” means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering.

T. “Nude or semi-nude model” means a person who, for any form of consideration, agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio.

U. “Nude or semi-nude model studio” means any place where a person appears nude or semi-nude for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person. The following uses are exceptions to the definition of a “nude or semi-nude model studio”:

1. A proprietary school licensed by the state of Washington;

2. A junior college, college, or university supported partly or entirely by public funds;

3. A private college or university that maintains and operates educational programs in which credits are transferable to a junior college, college, or university supported partly or entirely by public funds; and

4. A place housed in a structure (a) that has no advertising visible from the exterior of the structure that indicates a nude or semi-nude model is available for viewing; and (b) where, in order to participate in a class, a student must enroll at least three days in advance of the class.

V. “Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration; provided, however, that a public library, and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

W. “Owner or operator” means any person who owns, operates, or has a significant interest in an adult entertainment facility, with significant interest being based on responsibility for management of the business. Where an adult entertainment facility is owned or operated by a partnership, then each partner shall be deemed an owner or operator of the business. Where an adult entertainment facility is owned or operated by a corporation, including a limited liability organization, then each officer, director and principal stockholder shall be deemed an owner or operator of the business. For the purposes of this chapter, a principal stockholder is a person who owns or controls 20 percent or greater interest in an adult entertainment facility.

X. “Person” means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity.

Y. “Semi-nude” means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Z. “Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations, that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

AA. “Specified anatomical areas” means and includes any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or

2. The human male genitals in a discernibly turgid state, even if completely and opaquely covered.

BB. “Specified criminal offense” means an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which:

1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or

2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or

3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24 month period.

CC. “Specified sexual activities” means and includes any of the following:

1. The caressing, fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or

2. Sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

4. Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition;

5. Violent or destructive sexual behavior, including but not limited to human or animal mutilation, dismemberment, rape or torture. (Ord. 2917 § 2, 2006).

5.92.040 Penalties.

A. Criminal Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. Any person convicted of such a violation shall be punished by a fine of not more than $1,000 or by a jail term of not more than 90 days, or by both such fine and imprisonment.

B. Separate Offense. Any person who violates any provision of this chapter or failing to comply with any of the mandatory requirements of this chapter is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued, or permitted by any such person. (Ord. 2917 § 2, 2006).

5.92.050 Nuisance.

A. Public Nuisance. Any adult entertainment facility operated, conducted, or maintained in violation of this chapter or any law of the city of Port Townsend shall be deemed a public nuisance, and all remedies given by law for the prevention and abatement of public nuisances shall apply regardless of any other remedy.

B. Moral Nuisance. Any adult entertainment facility operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW shall be deemed a moral nuisance, and all remedies given by law for the prevention and abatement of moral nuisances shall apply in addition to any other remedy. (Ord. 2917 § 2, 2006).

5.92.060 Activities not prohibited.

A. This chapter shall not be construed to restrict or prohibit the following activities or products: (1) plays, operas, musicals or other dramatic works that are not obscene; (2) classes, seminars, or lectures which are held for a serious scientific or educational purpose and that are not obscene; and (3) exhibitions, performances, expressions or dances that are not obscene.

B. The provisions of this chapter are not intended to and do not prohibit the simulation of sex acts which are part of nonobscene expression.

C. Whether or not activity is obscene shall be judged by consideration of the following factors:

1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to the prurient interest in sex; and

2. Whether the activity depicts or describes sexual conduct in a patently offensive way, as measured against community standards, and as described in RCW 7.48A.010; and

3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 2917 § 2, 2006).

Article II. Licensing Requirements

5.92.070 License required.

A. It is unlawful for any person to operate an adult entertainment facility unless that person is the holder of a valid adult business license issued by the city clerk under this chapter.

B. It is unlawful for any person to work as a manager in an adult entertainment facility unless that person is the holder of a valid manager’s license issued by the city clerk under this chapter.

C. It is unlawful for any person to work or perform as an entertainer in an adult entertainment facility unless that person is the holder of a valid entertainer’s license issued by the city clerk under this chapter.

D. It is unlawful for any person to work or perform as an escort unless that person is the holder of a valid entertainer’s license issued by the city clerk under this chapter.

E. It is unlawful for any person to work or perform as a nude or semi-nude model in an adult entertainment facility unless that person is the holder of a valid entertainer’s license issued by the city clerk under this chapter.

F. It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work as a manager at the adult entertainment facility unless that person is licensed as a manager under this chapter.

G. It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as an entertainer at the adult entertainment facility unless that person is licensed as an entertainer under this chapter.

H. It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as an escort unless that person is licensed as an escort under this chapter.

I. It is unlawful for the owner or operator of an adult entertainment facility to employ a person to work or perform as a nude or semi-nude model unless that person is licensed as a nude or semi-nude model under this chapter. (Ord. 2917 § 2, 2006).

5.92.075 Fees.

All fees are payable in advance at the time of submittal of the application and are not refundable. The license year for all fees required under this chapter shall be January 1st to December 31st. All license fees shall be payable on an annual basis without proration, which fees shall be as follows:

A. Adult entertainment premises license: $2,500 per year;

B. Adult entertainer’s license: $250.00 per year;

C. Adult entertainment manager’s license: $1,000 per year;

D. Other licenses (escort, model): $250.00 per year. (Ord. 2917 § 2, 2006).

5.92.080 Application for adult business license.

A. No person shall own or operate an adult entertainment facility within the city of Port Townsend without a valid adult business license issued by the city clerk. A city of Port Townsend business license is required in addition to the adult business license.

B. Each person qualifying as an owner or operator of the proposed adult entertainment facility shall submit a separate application. Each applicant shall be separately qualified under this chapter.

C. All applications shall be submitted to the city clerk on a form supplied by the city and shall contain or be accompanied by all of the following information and documents:

1. The date of the application.

2. The legal name, any previous names, any aliases, any driver’s license number, any Social Security number, and the date of birth of the applicant.

3. If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners.

4. If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, and provide evidence that the corporation is in good standing under the laws of the state of Washington.

5. A description of the principal activities and services to be offered by the proposed adult entertainment facility, including a summary of the types of adult entertainment and sexually oriented materials to be offered for sale or rent by the proposed adult entertainment facility.

6. A description of the principal activities and services to be rendered by the applicant with respect to the proposed adult entertainment facility.

7. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.

8. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.

9. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

10. A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that has had a previous license under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

11. The proposed location of the adult entertainment facility, including a legal description of the property, street address, and telephone numbers, if any.

12. The present mailing and residential address of the applicant.

13. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.

14. A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city of Port Townsend police department.

15. A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the adult entertainment facility. The sketch or diagram shall be drawn to a designated scale to an accuracy of plus or minus six inches.

16. Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application.

D. An application shall be deemed complete upon receipt of all the information and documents requested by this section. Where necessary to determine compliance with this chapter, the city clerk may request information or clarification in addition to that provided in a complete application.

E. If any person or entity acquires, subsequent to the issuance of an adult business license, a significant interest in the licensed adult entertainment facility, notice of such acquisition shall be provided in writing to the city clerk within 21 calendar days following such acquisition and the person acquiring the interest shall submit a complete application to the city clerk pursuant to this section within 45 calendar days of acquiring such interest. For the purpose of this section, “significant interest” means principal responsibility for management or operation of an adult entertainment facility.

F. Each adult business license application shall be accompanied by a nonrefundable application fee.

G. In addition to the requirements of this chapter, an applicant for an adult business license must also obtain any other permits or licenses required by state or local laws or regulations.

H. In addition, an applicant must provide an affirmation attesting to the truth of what is stated in the application, that the statements are made pursuant to instruction on an official form, and recite that the statements are made under oath, that the declarant was aware at the time of making the statements of such recitation, and intended the statements should be represented as a sworn statement made under penalty of perjury, and with a signed jurat of an officer authorized to administer oaths. (Ord. 2917 § 2, 2006).

5.92.090 Application for manager’s or entertainer’s license.

A. No person shall work or perform as a manager, entertainer, escort, or nude or semi-nude model at an adult entertainment facility without a valid manager’s or entertainer’s license issued by the city clerk.

B. All applications shall be submitted to the city clerk on a form supplied by the city and shall contain or be accompanied by all of the following information and documents:

1. The date of the application.

2. The legal name, any previous names, any aliases, any driver’s license number, any Social Security number, and the date of birth of the applicant.

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 valid driver’s license issued by any state bearing the applicant’s photograph and date of birth;

b. A valid identification card issued by any state 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; or

e. Any other form of identification that the city clerk determines to be acceptable.

4. The height, weight, hair and eye color of the applicant.

5. The present mailing and residential address of the applicant.

6. The name and address of the adult entertainment facility at which the applicant will work or perform.

7. A description of the principal activities or services to be rendered by the applicant at the adult entertainment facility.

8. Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.

9. A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city of Port Townsend police department.

10. A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.

11. A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.

12. A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

13. Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application.

C. The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.

E. Each manager’s and entertainer’s license application shall be accompanied by a nonrefundable application fee.

F. In addition to the requirements of this chapter, an applicant for a manager’s or entertainer’s license must also obtain any other permits or licenses required by state or local laws or regulations. (Ord. 2917 § 2, 2006).

5.92.100 Initial investigation.

A. Upon receipt of a complete adult business license application, the city clerk shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, police, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed adult entertainment facility within 20 calendar days of receipt of the application by the city clerk, unless circumstances support extending the investigation. If the investigation is extended, the city clerk shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed 10 additional calendar days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the city clerk. In the event the proposed adult entertainment facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any adult business license approved prior to final construction of the adult entertainment facility shall contain a condition that the adult entertainment facility shall not open for business until the facility has been inspected and determined to be in compliance with applicable laws and regulations and substantially conforms with the drawings submitted with the application.

B. In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will violate any provision of any statute, code, ordinance, regulation, or other law in effect in the city. (Ord. 2917 § 2, 2006).

5.92.110 Issuance and denial of licenses.

A. Issuance of Adult Business License.

1. The city clerk shall grant or deny an application for an adult business license within 35 calendar days from the date a complete application is filed unless a 10-day extension is granted as provided in PTMC 5.92.100(A), in which case the city clerk shall grant or deny an application for an adult business license within 45 calendar days from the date a complete application is filed.

2. The city clerk shall issue an adult business license unless one or more of the criteria set forth in subsection (C)(1) of this section is present.

3. An adult business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the name and address of the adult entertainment facility. An adult business license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility.

4. Each adult business license shall expire annually on December 31st.

B. Issuance of Manager’s or Entertainer’s License.

1. The city clerk shall grant or deny an application for a manager’s or entertainer’s license within 35 calendar days from the date a complete application is filed.

2. An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license shall automatically expire on the fifteenth day following the filing of a complete application and fee, unless the city clerk has failed to approve or deny the license application, in which case the temporary license shall be valid until the city clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the city clerk extend the application review time for more than an additional 20 days.

3. The city clerk shall issue a manager’s or entertainer’s license unless one or more of the criteria set forth in subsection (C)(1) of this section is present.

4. A manager’s or entertainer’s license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the adult entertainment facility at which the manager, entertainer, escort or nude or semi-nude model will work or perform. Each manager, entertainer, and nude or semi-nude model shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the adult entertainment facility, at all times he or she is working or performing in the adult entertainment facility. Each escort shall carry his or her license at all times he or she is working within the city of Port Townsend as an escort.

5. Each manager’s or entertainer’s license shall expire annually on December 31st.

C. Denial of License Application.

1. The city clerk shall deny a license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true:

a. The premises to be used for the proposed adult entertainment facility are not in compliance with applicable laws and ordinances.

b. An applicant is under 18 years of age.

c. An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form.

d. An applicant has failed to comply with any provision or requirement of this chapter.

e. An application fee required by this chapter has not been paid.

f. An applicant has been convicted of a specified criminal offense committed on the premises of the adult entertainment facility for which he or she is licensed within the time periods provided in PTMC 5.92.030(BB).

2. In the event the city clerk denies an application, the city clerk shall do so in writing and shall state the specific reasons therefor, including applicable laws.

3. Denial of a license application is subject to appeal as set forth in PTMC 5.92.150. (Ord. 2917 § 2, 2006).

5.92.120 Renewal of licenses.

A. A licensee may apply for renewal of an adult business license issued under this chapter. An application for renewal shall contain the information and documents required in PTMC 5.92.080 and shall be accompanied by a nonrefundable application fee.

B. A licensee may apply for renewal of a manager’s or entertainer’s license issued under this chapter. An application for renewal shall contain the information and documents required in PTMC 5.92.090 and shall be accompanied by a nonrefundable application fee.

C. Application for renewal of an adult business license shall be made within 40 calendar days before the expiration date of the currently valid license.

D. Application for renewal of a manager’s or entertainer’s license shall be made within 15 calendar days before the expiration date of the currently valid license.

E. An application for an adult business, manager’s or entertainer’s license renewal shall be issued or denied according to the requirements of PTMC 5.92.110.

F. Denial of an adult business, manager’s or entertainer’s license renewal application is subject to appeal as set forth in PTMC 5.92.150.

G. In the event that the city clerk denies an application for an adult business, manager’s or entertainer’s license renewal, the applicant may not be issued a license for one year from the date of denial. Provided, that if, after a denial, the city clerk finds that the basis for the denial has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of denial. (Ord. 2917 § 2, 2006).

5.92.130 Nontransferability of licenses.

A. Adult Business License. The holder of an adult business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the license was issued in the name of one or both of them.

B. Manager’s or Entertainer’s License. The holder of a manager’s or entertainer’s license issued pursuant to this chapter shall not assign or transfer the license to another person. (Ord. 2917 § 2, 2006).

5.92.140 Suspension and revocation of licenses.

A. The city clerk may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be.

B. Upon receipt of notice of the suspension or revocation of an adult business license or manager’s license or entertainer’s license, the licensee shall without delay deliver such license to the city clerk. In the case of a suspension, the city clerk shall return the license to the licensee at the expiration of the suspension period.

C. Suspension of License. The city clerk shall suspend a license for a period not to exceed 30 calendar days if the city clerk determines that:

1. The licensee has refused to allow an inspection of the adult entertainment facility as required by PTMC 5.92.160; or

2. The licensee has not submitted a timely monthly report as required by PTMC 5.92.170(B); or

3. The licensee has been convicted of a specified criminal offense committed on the premises of the adult entertainment facility for which he or she is licensed within the time periods provided in PTMC 5.92.030(BB); or

4. The licensee has violated any applicable requirement of this chapter.

D. Revocation of License.

1. The city clerk shall revoke a license if the city clerk determines that:

a. The licensee has given false information in the material submitted during the application process; or

b. The licensee has knowingly operated an adult entertainment facility during a period of time when the adult business license of the adult entertainment facility was suspended; or

c. The licensee has knowingly acted as a manager of an adult entertainment facility during a period of time when the licensee’s manager’s license was suspended; or

d. The licensee has knowingly acted as an entertainer at an adult entertainment facility during a period of time when the licensee’s entertainer’s license was suspended; or

e. The licensee has knowingly acted as an escort within the city of Port Townsend during a period of time when the licensee’s entertainer’s license was suspended; or

f. The licensee has knowingly acted as a nude or semi-nude model at an adult entertainment facility during a period of time when the licensee’s entertainer’s license was suspended; or

g. A cause of suspension in subsection (C) of this section occurs and the license has been suspended within the preceding 12 months.

2. In the event the city clerk revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult business license, manager’s license, or entertainer’s license for one year from the date the revocation becomes effective. If, after revocation, the city clerk finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of revocation became effective. (Ord. 2917 § 2, 2006).

5.92.150 Appeal of denial, suspension, or revocation of license.

A. In the event the city clerk denies, suspends or revokes a license issued under this chapter, the city clerk shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension, or revocation and shall inform the applicant or licensee of his or her right to appeal to the city hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address.

B. If a licensee timely appeals a decision of the city clerk, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the city hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety pursuant to PTMC 5.92.160(B).

C. Within 10 calendar days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the city hearing examiner.

D. In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the city hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the city clerk at least five calendar days prior to the hearing.

E. The city hearing examiner shall uphold the decision of the city clerk unless it finds the decision is not supported by evidence in the administrative record.

F. The city hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the city hearing examiner shall constitute the final administrative decision of the city and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review.

G. If a licensee timely appeals a decision of the city hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. (Ord. 2917 § 2, 2006).

5.92.160 Inspections and public health and safety suspensions.

A. An applicant or licensee shall permit representatives of the police department, health department, and other state and local government agencies to inspect the premises of an adult entertainment facility, at any time the adult entertainment facility is open for business, for the purpose of ensuring compliance with all applicable statutes, codes, ordinances, regulations, and laws.

B. Where a condition exists upon the premises of an adult entertainment facility that constitutes a threat of immediate serious injury to public health or safety, the city clerk or any other city official may immediately suspend any license issued under this chapter by issuing a notice setting forth the facts that constitute a threat of immediate serious injury to public health or safety, and informing the licensee of the right to appeal the suspension to the city hearing examiner under the appeal provisions set forth in this chapter. (Ord. 2917 § 2, 2006).

5.92.170 Recordkeeping requirements and monthly reports.

A. Each adult entertainment facility licensed under this chapter shall maintain and retain, for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, escorts, and nude and semi-nude models.

B. Each adult entertainment facility licensed under this chapter shall file a monthly report with the city clerk including the names, addresses, and ages of all persons employed or otherwise retained as managers, entertainers, escorts, and nude or semi-nude models. (Ord. 2917 § 2, 2006).

5.92.180 License requirement for existing adult entertainment facilities.

Any adult entertainment facility in existence prior to the effective date of the ordinance codified in this chapter shall be deemed to be operating under a temporary adult business license. Within 45 calendar days of the effective date of the ordinance codified in this chapter, each owner and operator of the adult entertainment facility shall submit a complete adult business license application pursuant to PTMC 5.92.080 to the city clerk. The license application shall be issued or denied in accordance with the requirements of this chapter. The adult entertainment facility shall be permitted to continue to engage in the activities specified in the adult business license application pursuant to PTMC 5.92.080(C)(6) pending the decision of the city clerk. (Ord. 2917 § 2, 2006).

Article III. Operational Requirements

5.92.190 Regulations applicable to all adult entertainment facilities.

All adult entertainment facilities shall comply with the following regulations:

A. Manager on Premises. A licensed manager shall be on duty at the adult entertainment facility at all times the adult entertainment facility is open for business. The manager shall be stationed at a location within the adult entertainment facility where he or she shall have an unobstructed view of all public portions of the adult entertainment facility.

B. Hours of Operation. It is unlawful for an adult entertainment facility, except adult motel, to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

C. Admission to Minors Prohibited. Admission to adult entertainment facilities, except adult motels, shall be restricted to persons of the age of 18 years or more. The age of all patrons shall be verified at the time of entry by an employee of the adult entertainment facility.

D. Warning Devices. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning the employees, managers, entertainers, or patrons of an adult entertainment facility that police officers or other government agents are approaching or have entered the adult entertainment facility.

E. Rental or Sale of Obscene Material Prohibited. The rental or sale of obscene material, as defined in RCW 7.48.050, shall be considered a moral nuisance and may, in addition to any other legal remedy, be subject to abatement pursuant to this chapter and Chapter 7.48 RCW. (Ord. 2917 § 2, 2006).

5.92.200 Regulations specifically applicable to adult cabarets.

A. General. An adult cabaret shall satisfy the zoning requirements contained in the PTMC Title 17, the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in PTMC 5.92.190, and the specific operational requirements applicable to adult cabarets contained in this section.

B. Separation of Entertainers From Patrons. No entertainer shall appear nude or semi-nude except on a stage or platform at least 24 inches in elevation above the level of the patron seating areas. The stage shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous fixed-barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three feet in height and located at least six feet from all points of the stage, shall separate the stage from all patron areas.

C. Managers. The licensed manager on duty shall not be an entertainer. There shall be one manager on duty for every stage operating on the premises. No manager shall knowingly permit an employee or entertainer to violate any provision of this section.

D. Tips. No entertainer shall solicit, accept, or receive a tip or gratuity offered by any patron. This prohibition shall apply at all times that a licensed entertainer is employed by the adult entertainment facility at which he or she provides adult entertainment, regardless of whether the entertainer is currently providing adult entertainment.

E. Maintenance. All public areas shall be maintained in a clean and sanitary condition.

F. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the adult cabaret, including the patron seating areas, so that all objects and patrons are plainly visible at all times.

G. Physical Layout. The entire stage and the interior portion of any cubicles, booths and stalls accessible to patrons, with the exception of restrooms, shall be visible at all times from the patron seating area of the adult cabaret. Such visibility shall not be blocked or otherwise obscured by doors, curtains, drapes or any other device.

H. Visibility From Outside the Adult Cabaret. No activity or entertainment occurring at or in an adult cabaret, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the adult cabaret.

I. Prohibited Activities.

1. No manager, entertainer or employee shall be permitted to caress, fondle, or erotically touch any patron. No manager, entertainer or employee shall encourage or permit any patron to caress, fondle, or erotically touch any employee or entertainer.

2. No manager, entertainer or employee shall perform or simulate any specified sexual activities, nor perform or simulate any act that constitutes a moral nuisance as defined in RCW 7.48.050 and 7.48A.010.

3. No manager, entertainer or employee shall expose to view any specified anatomical areas except upon a stage or platform as set forth in subsection (B) of this section.

J. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the adult cabaret which states the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF PORT TOWNSEND. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE EXCEPT ON STAGE. ENTERTAINERS ARE NOT ALLOWED TO SOLICIT, ACCEPT, OR RECEIVE ANY TIP OR GRATUITY. PATRONS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL ACTIVITY AND ARE NOT PERMITTED TO APPEAR NUDE OR SEMI-NUDE.

(Ord. 2917 § 2, 2006).

5.92.210 Regulations specifically applicable to adult arcades.

A. General. An adult arcade shall satisfy the zoning requirements contained in PTMC Title 17, the general requirements in Article I of this chapter, the licensing requirements in Article II of this chapter, the general operational requirements in PTMC 5.92.190, and the specific operational requirements applicable to adult arcades contained in this section.

B. Physical Layout.

1. Each viewing booth shall be visible from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing booth” means the area where a patron or customer would be positioned while watching a film, video or other photographic reproduction.

2. No steps or risers shall be allowed in any viewing booth.

3. No viewing booth shall have more than one stool or seat. In order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a viewing booth shall have any seat back or sides.

4. No viewing booth shall have any holes or openings in its walls other than ventilation holes. All ventilation holes shall be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. All ventilation holes shall be covered with a permanently affixed ventilation cover.

C. Maintenance. All viewing booths shall be maintained in a clean and sanitary condition.

D. Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the adult arcade, including the viewing booths, so that all objects are plainly visible at all times.

E. Limit on Number of Persons Within a Viewing Booth. No licensee, manager or employee shall knowingly permit more than one person to occupy a viewing booth at any given time.

F. Prohibited Activities. No licensee, manager, or employee shall knowingly permit a patron to perform any specified sexual activities within a viewing booth.

G. Sign. A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously and permanently posted at or near the entrance to the adult arcade which states the following:

THIS ADULT ARCADE IS REGULATED BY THE CITY OF PORT TOWNSEND. IT IS UNLAWFUL TO PERFORM SEXUAL ACTS WITHIN A VIEWING BOOTH, AND IT IS UNLAWFUL FOR MORE THAN ONE PERSON TO OCCUPY A VIEWING BOOTH AT ANY GIVEN TIME. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.

H. Visibility From Outside the Adult Arcade. No activity or entertainment occurring at or in an adult arcade, nor any photograph, drawing, sketch or other pictorial or graphic representation of any specified sexual activities or specified anatomical areas, shall be visible at any time from outside the adult arcade. (Ord. 2917 § 2, 2006).