Chapter 5.21 ADULT USE ESTABLISHMENT LICENSE AND REGULATION

“Adult use establishment” means any commercial adult retail establishment, adult panoram theater, adult motion picture theater or live adult entertainment establishment, more specifically defined as follows:

A. “Adult retail establishment” means any retail establishment which, for money or any other form of consideration either:

1. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise, as defined in this section; or

2. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or for viewing or use, off the premises, any adult-oriented merchandise, as defined in this section.

B. “Adult panoram theater” means any commercial establishment where one or more motion picture projectors, slide projectors, computers or similar devices are used to show films, video cassettes, slides, or other forms of photographic reproductions depicting specified sexual activities or specified anatomical areas to patrons for payment of a fee, membership fee, or other charge.

C. “Adult motion picture theater” means any commercial establishment where films, motion pictures, video cassettes, computer images or other similar photographic reproductions depicting specified sexual activities or specified anatomical areas are shown to patrons for payment of a fee, membership fee, or other charge.

D. “Live adult entertainment establishment” means any commercial establishment featuring go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers that emphasize specified anatomical areas and/or whose performances or other activities include or mimic specified sexual activities.

“Adult-oriented merchandise” means any goods, products, commodities, or other wares, including but not limited to videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate specified anatomical areas or specified sexual activities.

“Applicant” means the individual or entity seeking an adult use establishment business license, manager license or entertainer license.

“Applicant control person” means all partners, corporate officers and directors and owners that have a significant responsibility in the management of the business.

“City” means the city of Richland.

“Clerk” means the business licensing clerk.

“Employee” means any and all persons, including managers, entertainers, and independent contractors, who work in or at or render any services directly related to the operation of the adult use establishment.

“Entertainer” means any person who provides adult entertainment within a live adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for the entertainment.

“Licensee” means any holder of a valid business, manager or entertainer license from the city of Richland.

“Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving an adult use establishment, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

“Specified anatomical areas” means:

A. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means any of the following:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality;

C. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts of oneself or of one person by another;

D. Excretory functions as part of or in connection with any of the activities set forth in this chapter. [Ord. 62-99].

5.21.020 License required.

A. It is unlawful for any person to conduct, manage or operate an adult use establishment in the city unless such person is the holder of a valid adult use establishment business license issued by the city.

B. It is unlawful for any entertainer, employee or manager to knowingly work in or about or to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult use establishment.

C. It is unlawful for any entertainer to perform in an adult use establishment unless such person is the holder of a valid entertainer license issued by the city.

D. It is unlawful for any manager to work in an adult use establishment unless such person is the holder of a valid manager license issued by the city. [Ord. 62-99].

5.21.030 Application for business license.

A. All applications for an adult use establishment business license shall be submitted to the clerk in the name of the person or entity proposing to operate an adult use establishment on the premises and shall be signed by such person and certified as true under penalty of perjury. All applications must be made on forms provided by the clerk which require the following information:

1. For the applicant and for each applicant control person, provide: name, any aliases or previous names, driver’s license number, if any, Social Security number, if any, and business, mailing and residential addresses, and business telephone number.

2. For a partnership, provide: whether general or limited; and if a corporation, provide: date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.

3. Whether the applicant, or any partner, corporate officer, or director of the applicant, holds any other licenses under this chapter or any license for similar adult use establishments, including motion picture theaters and panorams, from the city of Richland or another city, county or state, and if so, the names and addresses of each licensed business.

4. A summary of the business history of the applicant and applicant control persons in owning or operating an adult use establishment, providing names, addresses and dates of operation for such businesses, and whether any adult use establishment business license has been revoked or suspended, and the reason therefor.

5. For the applicant and each applicant control person, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition.

6. For the applicant and each applicant control person, a description of business, occupation or employment history for the three years immediately preceding the date of the application.

7. Authorization for the city, its agents and employees to seek information to confirm any requirements set forth in the application.

8. The location and doing-business-as name of the proposed adult use establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.

9. Two two-inch by two-inch color photographs of the applicant and each applicant control person, taken within six months of the date of application showing only the full face.

10. A complete set of fingerprints for the applicant and each applicant control person, taken by Richland police department employees.

11. A scale drawing or diagram showing the configuration of the premises for the proposed adult use establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service shall be clearly marked on the drawing. An application for a license for a live adult entertainment establishment shall include building plans which demonstrate conformance with this chapter.

B. Application shall be deemed complete upon the applicant providing the following information to the clerk:

1. Completed application and information as provided in this section; and

2. A nonrefundable licensing fee as specified in RMC 5.21.160. [Ord. 62-99].

5.21.040 Business license investigation.

A. Upon receipt of the completed application and fee, the clerk shall provide copies to the police, fire, and community and development services group for their investigation and review to determine compliance of the proposed adult use establishment with the laws and regulations which each department administers. Each department or group shall, within 30 calendar days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises comply with the laws administered by each department. No license shall be issued until each department or group reports that the application and premises are in compliance with the relevant laws.

B. In the event the premises are not yet constructed, the departments or group shall base their recommendation as to the premises’ compliance on their review of the drawings submitted in the application. Any adult use establishment business license approved prior to the premises’ construction shall contain a condition that the premises may not open for business until the premises has been inspected and determined to be in substantial conformance with the drawings submitted with the application.

C. Each department or group shall recommend denial of a business license if it finds that the proposed adult use establishment is not in conformance with the requirements of this chapter or other laws in effect in the city. A recommendation for denial shall be in writing and cite the specific reason(s) therefor, including applicable laws. [Ord. 62-99; Ord. 31-03].

5.21.050 Issuance of business license.

A. An adult use establishment business license shall be issued by the clerk within 30 calendar days from the date of filing a completed application unless the clerk properly denies the license under RMC 5.21.060.

B. If the clerk fails to issue or deny the license within 30 calendar days from the date of filing a completed application and fee, the applicant shall be issued a temporary license, subject to all other applicable laws, to operate the business for which the license was sought until notification by the clerk that the license has been denied or approved.

C. An adult use establishment business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult use establishment. The permit shall be posted in a conspicuous place at or near the entrance to the adult use establishment so that it can be easily read at any time the business is open to the public.

D. The person granted an adult use establishment business license pursuant to this chapter shall operate such establishment under the name specified on the license.

E. If any person or entity acquires, subsequent to the issuance of an adult use establishment business license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the clerk, no later than 21 working days following such acquisition. The notice required shall include the information required for the original adult use establishment business license application. [Ord. 62-99].

5.21.060 Denial of business license.

A. The clerk may deny the adult use establishment business license for any of the following reasons:

1. The applicant is under 18 years of age.

2. The applicant failed to provide information required by this chapter.

3. The applicant made a materially false statement in the application, which the applicant knows to be false. “Materially false statement” means any false statement, oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the license application.

4. The applicant is currently serving a sentence for a criminal conviction, bail forfeiture or adverse finding under federal, state or local law for acts which are sexual crimes against children, sexual abuse, rape, distribution of obscenity, distribution of erotic material to minors, prostitution, promoting prostitution, transporting persons for purposes of prostitution or enticing or coercing persons to travel for purposes of prostitution, permitting prostitution, patronizing a prostitute, pandering, racketeering, or violations of the Uniform Controlled Substances Act.

5. The applicant is currently under suspension or revocation of a license related to adult entertainment issued by this city or any other jurisdiction.

6. The applicant is overdue on his/her payment to the city for fees, fines, or penalties assessed against him/her in relation to an adult use establishment.

7. The applicant failed to comply with all applicable requirements of fire, building, zoning and/or health codes or laws of the city, county and/or state.

8. The applicant has failed to comply with any provision or requirement of this chapter.

B. Denial of an adult use establishment business license shall be in writing. The clerk shall send the applicant, via certified mail, its decision of denial stating the specific reason(s) for the denial. [Ord. 62-99].

5.21.070 Application for manager and entertainer license.

A. All applications for an adult use establishment manager or entertainer license shall be submitted to the clerk in the name of the person proposing to be employed in an adult use establishment and shall be signed by such person and certified as true under penalty of perjury. All applications for a manager or entertainer license must be made on forms provided by the clerk which require the following information:

1. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Richland police department employees, Social Security number, and any stage names or nicknames used in entertaining.

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

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

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

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

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

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

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

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

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

6. Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application showing only the full face.

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

B. Application shall be deemed complete upon the applicant providing the following information to the clerk:

1. Complete application and information as provided in this section.

2. A nonrefundable licensing fee as specified in RMC 5.21.160. [Ord. 62-99].

5.21.080 Issuance of temporary manager and entertainer license.

A. The clerk shall issue a temporary manager or entertainer license upon receipt of a completed license application and fee. Said temporary license will automatically expire on the tenth working day following the filing of the completed application or until the final determination of any appeal from a denial of license.

B. If the applicant filed a notice of appeal to the clerk decision denying an annual license, the temporary license shall be valid pending the decision of any appeal. [Ord. 62-99].

5.21.090 Issuance of annual manager and entertainer license.

The clerk shall issue an annual manager or entertainer license within 10 working days from the date the completed application and fee are received unless the clerk properly denies the license under RMC 5.21.100. [Ord. 62-99].

5.21.100 Denial of annual manager and entertainer license.

A. The clerk may deny the application for an annual manager or entertainer license for any of the following reasons:

1. The applicant is under 18 years of age;

2. The applicant failed to provide information required by this chapter;

B. Denial of a manager or entertainer license shall be in writing stating the specific reason for the denial. The clerk shall send to the applicant, via certified mail, its decision of denial within 10 working days following the filing of the completed application and fee. [Ord. 62-99].

5.21.110 Suspension or revocation of license.

A. The clerk may suspend a license for a period not to exceed 30 working days if he or she determines one or more of the following exist:

1. Licensee violated or is not in compliance with any section of this chapter.

2. Licensee engaged in use of alcoholic beverages while on the adult use establishment premises.

3. Licensee refused to allow an inspection of the adult use establishment as authorized by this chapter.

4. Licensee knowingly permitted gambling or the consumption of alcoholic beverages by any persons on the premises of the adult use establishment.

B. The clerk may revoke a license for a period not to exceed 12 months if he or she determines one or more of the following exist:

1. License was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the clerk.

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

3. Licensee violated or permitted violation of any of the provisions of this chapter.

4. Licensee knowingly allowed possession, use, or sale of controlled substances as defined in RCW Title 69 on the premises.

5. Licensee knowingly allowed prostitution on the premises.

6. Licensee knowingly operated the adult use establishment during a period of time when the licensee’s license was suspended.

7. Licensee knowingly allowed any sexual conduct to occur in or on the licensed premises.

8. Licensee is delinquent in payment to the city or state for any taxes or fees past due.

9. Licensee knowingly allowed a person under the age of 18 on the premises. Proof of age shall be demonstrated in the form of a state-issued driver’s license or photo identification card or other official proof of birth date.

C. Revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became effective.

D. The clerk shall provide at least 10 working days’ written notice to the licensee of the decision to suspend or revoke the license. Such written notice shall be sent, via certified mail, and shall set forth the following information:

1. Grounds for suspension or revocation;

2. Inform the licensee of the right to appeal the decision to an administrative hearings examiner;

3. The effective date of such revocation or suspension; and

4. The duration of such revocation or suspension. [Ord. 62-99].

5.21.120 Expiration and renewal of license.

A. Each license shall expire one year from the date of issuance and may be renewed only by making a new application as provided in this chapter. Application and fee for renewal should be made at least 30 working days before the expiration date. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter. The clerk shall deny renewal of any license where either the application or renewal fee is not made before the expiration date of the license.

B. When the clerk denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the clerk finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 working days have elapsed since the date denial became final.

C. The clerk shall send, via certified mail, its decision of denial stating the specific reason(s) for the denial. [Ord. 62-99].

5.21.130 Administrative appeal for denial, suspension or revocation of license.

Any person aggrieved by the decision of the clerk to deny, revoke or suspend a business, manager or entertainer license may appeal to an administrative hearings examiner. A notice of appeal must be filed with the clerk within 10 working days after receiving notice of the decision. A timely filed notice of appeal shall stay the decision of the clerk and a temporary license shall be issued pending the resolution of the matter except as provided in RMC 5.21.150. The administrative hearings examiner shall set a date for hearing within 30 working days from the date the clerk receives the notice of appeal. The hearing procedure shall be governed by the Washington Administrative Procedure Act, Chapter 34.05 RCW. The administrative hearings examiner shall render and send, via certified mail, its decision within 10 working days following the close of the appeal hearing. [Ord. 62-99].

5.21.140 Judicial appeal for denial, suspension or revocation of license.

Any person aggrieved by the decision of the administrative hearings examiner may appeal to superior court for a writ of certiorari, prohibition or mandamus within 10 working days from the date the decision was rendered by the administrative hearings examiner. A timely filed notice of appeal shall stay the decision of the administrative hearings examiner and any temporary license issued in accordance with RMC 5.21.130 shall remain valid pending the resolution of the matter except as provided in RMC 5.21.150. [Ord. 62-99].

5.21.150 Immediate suspension of license.

Where the Richland building official, fire chief, or Benton County health department find that any condition exists upon the premises of the adult use establishment which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending appeal. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and inform the licensee of the right to appeal the suspension to the administrative hearings examiner or other designated hearing body under the same appeal provision set forth in this section; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pending of the appeal. [Ord. 62-99].

5.21.160 Licensing fees.

Any person desiring to obtain an adult use establishment business license shall first pay a license fee of $700.00. Any person desiring to obtain an adult use establishment manager or entertainer license shall first pay a license fee of $100.00. [Ord. 62-99].

5.21.170 Transfer of license.

A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult use establishment under the authority of a license at any place other than the address designated in the application. [Ord. 62-99].

5.21.180 General regulation of adult use establishment.

All adult use establishments located within the city shall comply with the following general requirements:

A. No employee or entertainer shall 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 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public.

B. No employee or entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer.

C. No employee or entertainer shall perform actual or simulated acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisances Statute.

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

E. No adult use establishment shall employ any person under the age of 18 as a manager, entertainer or employee or allow entertainers on its premises for the purpose of providing live adult entertainment if that person is under the age of 18.

F. Admission must be restricted to persons of the age of 18 years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult use establishment to knowingly permit or allow any person under the minimum age of 18 to be in or upon such premises.

G. No alcohol or drugs shall be sold, served, allowed or consumed by any person on the adult use establishment premises.

H. No patron who is under the influence of drugs or alcohol shall be allowed entry onto the premises of an adult use establishment.

I. No specified sexual activities as defined in RMC 5.21.010 shall be allowed on the premises of an adult use establishment.

J. A licensed manager shall be on duty at all times members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours.

K. Every entertainer shall provide his or her license to the adult use establishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the adult use establishment entertainers readily available for inspection by the city at any time during business hours of the adult use establishment.

L. An adult use establishment may not be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

M. The premises of an adult use establishment shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. [Ord. 62-99].

5.21.190 Regulation of live adult entertainment establishment.

In addition to the general requirements of RMC 5.21.180, every live adult entertainment establishment shall meet the following requirements:

A. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers is hereby established for all areas of the live adult entertainment establishment where members of the public are admitted.

B. No employee or entertainer shall 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 18 inches above the immediate floor level and removed at least 10 feet from the nearest member of the public.

C. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area.

D. No employee or entertainer shall touch, fondle or caress any patron for the purpose of arousing or exciting the patron’s sexual desire, sit on a patron’s lap or separate a patron’s legs.

E. No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the live adult entertainment establishment or provided through a manager on duty on the premises.

F. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the live adult entertainment establishment.

G. A licensed manager shall be on duty at all times any entertainer can be visually observed by members of the public. There shall be sufficient number of managers on duty to maintain visual observation of all entertainers and members of the public in the establishment. [Ord. 62-99].

5.21.200 Regulation of adult panoram theaters.

In addition to the general requirements of RMC 5.21.180 every adult panaram theater shall meet the following requirements:

A. At least one licensed manager shall be on duty and situated in the public room adjacent (manager’s station) to the panoram stations or booths at all times that any member of the public is present inside the premises.

B. The interior of the premises shall be configured in such a manner that the manager’s station has an unobstructed view of all panoram stations or booths. The view required in this subsection must be by direct line-of-sight from the manager’s station.

C. All panoram stations or booths must be unobstructed by any doors, walls, merchandise, display racks, curtains or other materials in such a manner as to ensure that patrons are fully visible from the manager’s station at all times.

D. The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which members of the public are permitted access. Each panoram station or booth must have sufficient intensity to fully illuminate any patron occupying the station or booth from the manager’s station. Such illumination shall not be less than 10 footcandles as measured at the floor level at the times members of the public are permitted within the premises.

E. No panoram station or booth may be occupied by more than one person at any time. [Ord. 62-99].

5.21.210 Regulation of adult motion picture theaters.

In addition to the general requirements of RMC 5.21.180 every adult motion picture theater shall meet the following requirements:

A. All seating arrangements open to the public must be equipped with immovable armrests between the seats. Bench-type seating which allows for more than one person is not permitted.

B. A manager or employee must walk through the theater portion of the building at 10-minute intervals during the time period in which the film is showing and the lighting is down.

C. No sexual activity is allowed in the theater.

D. It is the responsibility of the owner, manager, and employees to ensure that no sexual activity takes place in the theater.

E. Full house lighting must meet the requirement of RMC 5.21.180(M), and must come on for at least 10 minutes at the end of each feature. [Ord. 62-99; amended during 2011 recodification].

5.21.220 Penalty.

Any person convicted of any provision of this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment. For any violation of continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. In addition, any violation of any of the provisions of this chapter is declared to be a public nuisance, per se, which may be abated by the city by way of civil abatement procedures. [Ord. 62-99].

5.21.230 Severability.

The invalidity of any chapter, section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 62-99].