Chapter 5.48
CABARETS
Sections:
5.48.030 Licensing restrictions.
5.48.040 License – Application – Issuance.
5.48.060 License – Expiration.
5.48.070 License – Revocation.
5.48.080 Authority of state board.
5.48.100 Penalty for violation.
5.48.010 Definitions.
“Cabaret” means any room, place or space whatsoever in the city in which music, singing, dancing, or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern or eating place, directly or indirectly selling, serving, or providing the public, with or without charge, food or liquor. The words “music and entertainment” as used herein shall not apply to radios or mechanical devices.
“Liquor” means all beverages defined in RCW 66.04.010.
“Person” means one or more natural persons of either sex, firms, copartnerships and corporations, whether acting by themselves or by servant, agent or employee. (Ord. 3164 § 1, 2018; Ord. 2577 § 1, 1998; Ord. 1469 § 1, 1965).
5.48.020 License – Required.
It is unlawful for any person to conduct, manage or operate a cabaret unless such person is the holder of a valid and subsisting license from the city, obtained in the manner herein provided, and which is in addition to a general business license as may be required under Chapter 5.04 PMC; provided, however, that a cabaret license is not required where a cabaret is conducted for a period of two days or less during any calendar year. (Ord. 3164 § 1, 2018; Ord. 2577 § 2, 1998; Ord. 1469 § 2, 1965).
5.48.030 Licensing restrictions.
No license shall be issued to:
(1) A person who has been convicted of a felony within five years prior to filing application, and which is reasonably related to his/her fitness or ability to conduct, manage or operate a cabaret;
(2) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;
(3) A copartnership, unless all the members thereof shall be qualified to obtain a license as provided herein;
(4) A person who has been convicted within the last five years of a violation of any federal or state law or city ordinance concerning the manufacture, possession, or sale of liquor subsequent to the passage of the Washington State Liquor Act, or has forfeited his bond to appear in court to answer charges of any such violation;
(5) A person who has been convicted within the last five years of a violation of any federal or state law or city ordinance concerning the manufacture, possession or sale of narcotics;
(6) A corporation, unless all of the officers, directors, and stockholders thereof shall be qualified to obtain a license as provided herein. Such license shall be issued to the manager or other directing head thereof;
(7) Any person, whose place of business has had 10 or more arrests with ensuing criminal charges resulting from activities within the establishment, within the one-year period immediately prior to the date of application for the cabaret license.
In addition to the foregoing, every applicant for a cabaret license shall be subject to the business license requirements of Chapter 5.04 PMC. (Ord. 3164 § 1, 2018; Ord. 2577 § 3, 1998; Ord. 1469 § 3, 1965).
5.48.040 License – Application – Issuance.
Application for such license shall be made to the city clerk, together with a receipt from the treasurer from the city for the amount of the license in full. Upon receipt of such application, the same shall be transmitted to the chief of police for a full investigation as to the truth of the statements contained therein and any other investigation permitted under this chapter. After the chief of police has conducted the investigation, he/she will report to the city clerk, either approving or denying the application. In the event the chief of police denies the application, he will state in writing the reasons for such denial. The city clerk shall either issue or deny the cabaret license depending on the determination of the chief of police. (Ord. 3164 § 1, 2018; Ord. 2577 § 4, 1998; Ord. 1469 § 4, 1965).
5.48.050 License – Fee.
Any person desiring to operate a cabaret shall first procure a cabaret license at a cost of $150.00 per year. (Ord. 3164 § 1, 2018; Ord. 1469 § 5, 1965).
5.48.060 License – Expiration.
There shall be no prorating of the fee mentioned in PMC 5.48.050, and such license shall expire on the thirty-first day of December of each year; except that in the event that the original application be made subsequent to June 30th, then one-half of the annual license fee may be accepted for the remainder of said year. The license shall not be assignable. (Ord. 3164 § 1, 2018; Ord. 1469 § 6, 1965).
5.48.070 License – Revocation.
The city clerk, upon direction from the chief of police, may revoke any license issued under the provisions of this chapter should one or more of the following conditions apply:
(1) It is determined that a cabaret license was procured by fraud or false representation of fact;
(2) The violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or by any of his managers or agents;
(3) For any convictions for offenses identified in PMC 5.48.030(1), (4) and (5), as committed upon the licensed premises by any person holding such license, or by any of his/her managers or agents, following issuance of the cabaret license;
(4) In the event that 10 or more arrests with ensuing criminal charges occur within a one-year period, from activities occurring within the cabaret establishment. (Ord. 3164 § 1, 2018; Ord. 2577 § 5, 1998; Ord. 1469 § 7, 1965).
5.48.075 Appeal.
Any person aggrieved by the action of the chief of police in denying the issuance or renewal of a cabaret license shall have the right to appeal such action to Pierce County superior court through petition for writ within 20 days of the decision. (Ord. 3164 § 1, 2018; Ord. 2577 § 6, 1998).
5.48.080 Authority of state board.
Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor and Cannabis Board relating to the sale of intoxicating liquor, and any violation of said rules and regulations shall be grounds for revocation of said license. (Ord. 3164 § 1, 2018; Ord. 1469 § 8, 1965).
5.48.090 Adult entertainment.
Any cabaret establishment which is also a commercial premises to which any member of the public is invited or admitted where the entertainer provides live adult entertainment to any member of the public must comply with the requirements of Chapter 5.50 PMC et seq. (Ord. 3164 § 1, 2018; Ord. 2577 § 7, 1998; Ord. 1469 § 9, 1965).
5.48.100 Penalty for violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000 and/or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each day of violation of the provisions of this chapter shall be deemed to be a separate offense. (Ord. 3164 § 1, 2018; Ord. 2577 § 8, 1998; Ord. 1469 § 10, 1965).
5.48.110 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of this chapter as a whole, or any portion thereof, and its application to other persons or circumstances shall not be affected. (Ord. 3164 § 1, 2018; Ord. 2577 § 9, 1998).