Chapter 5.40 ADULT ENTERTAINMENT

It is the purpose of this chapter to regulate sexually-oriented businesses and related activities to promote health, safety, morals and general welfare of the citizens of the city of Sequim, and to establish reasonable and uniform regulations to prevent the deleterious location of sexually-oriented businesses within the city. It is not the intent of the city that it should be the purpose or effect of this chapter to impose a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is not the intent of the city that it should be the effect of this chapter to restrict or deny access by adults to sexually-oriented materials protected by the State or Federal Constitutions, or to deny access by the distributors and exhibitors of sexually-oriented material to their intended market. Neither is it the intent of the city that it should be the purpose or effect of this chapter to condone or legitimize the distribution of obscene materials. (Ord. 2001-023 § 1)

5.40.020 Findings.

Based upon a wide range of evidence presented to the Sequim city council and to other jurisdictions, including but not limited to the testimony of law enforcement officers and members of public, and on other evidence, information, publications, articles, studies, documents, case law and material submitted to and reviewed and considered by the city council and staff, the councils of other cities within the region and in other jurisdictions, nonprofit organizations and other legislative bodies, the city council makes the following findings:

A. Certain conduct occurring on premises offering sexually-oriented business creates secondary impacts that are detrimental to the public health, safety and general welfare of the citizens of the city, and therefore such conduct must be regulated as provided herein.

B. Regulation of the sexually-oriented business industry through permitting and/or licensing is necessary because, in the absence of such regulation, significant criminal activity has historically and regularly occurred.

C. Proximity between entertainers and patrons during adult entertainment performances can facilitate sexual contact, prostitution and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city, which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare.

D. It is necessary to license entertainers in the sexually-oriented industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult, and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.

E. The evidence supporting the need to protect minors and families from the criminal and other unlawful activities associated with the operation of sexually-oriented businesses is compelling. The provisions of this chapter are necessary to ensure that sexually-oriented uses in Sequim are conducted a reasonable distance away from places where minors regularly gather, often in large numbers.

F. It is necessary to have a licensed manager on the premises of sexually-oriented businesses at such times as such establishments are offering sexually-oriented business so there will, at all necessary times, be an individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees.

G. The license fees required herein are nominal fees imposed as necessary cost recoupment measures designed to help defray the substantial expenses incurred by the city in regulating the sexually-oriented businesses, and in increased police costs in enforcement.

H. Enterprises providing sexually-oriented businesses are increasingly associated with ongoing prostitution, disruptive conduct and other criminal activity. Such businesses are currently not subject to effective regulation and constitute an immediate threat to the public peace, health and safety. The hours of operation of such businesses have a significant impact on the occurrence of illegal drug transactions and other criminal activities.

I. Due to the information presented regarding the connection of prostitution with sexually-oriented businesses, there is concern over sexually-transmitted diseases, which is a legitimate health concern of the city and thus requires regulation of sexually-oriented businesses in order to protect the health, safety and well being of the public.

J. Many cities, including Seattle and Tacoma, have experienced negative secondary impacts from sexually-oriented business land uses. The skid row effect is one of these secondary impacts and is evident in certain parts of Seattle. Such an effect would be significantly magnified in Sequim due to the difference in size and characteristics of the city.

K. The city of Sequim may rely on the experiences and studies of other cities, counties and organizations in assessing the need for regulation of sexually-oriented business uses, operations and licensing.

L. The city takes notice of studies and experiences of other cities and counties in combating the specific adverse impacts of sexually-oriented businesses.

M. Regulation of sexually-oriented businesses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.

N. Increased levels of criminal activities occur in the vicinity of sexually-oriented businesses. Additionally, hidden ownership interests for the purpose of skimming profits, avoiding payment of taxes, and racketeering have historically occurred in sexually-oriented businesses, in the absence of regulations.

O. The city council therefore finds that the protection and the preservation of the public health, safety and welfare requires establishment of this chapter.

P. There are sufficient important and substantial government interests to provide a constitutional basis for reasonable regulation of time, place, and manner under which sexually-oriented businesses can operate.

Q. It is not the intent of this chapter to unconstitutionally suppress any speech activities protected by the First Amendment of the United States Constitution nor Article 1, Section 5 of the Washington State Constitution, but to enact content-neutral ordinances which address the secondary effects of sexually-oriented businesses, as well as the health problems associated with such businesses.

R. In a family community, sexually-oriented businesses are not uniformly compatible with community standards, as defined during the numerous public hearings.

S. The law enforcement resources available for responding to problems associated with or created by sexually-oriented businesses are limited and are best conserved by regulating and licensing sexually-oriented businesses and those associated with them.

T. In order to assure that all conditions, regulations, etc. are met, the city has established a reasonable time period for review of license applications. (Ord. 2001-023 § 1)

5.40.030 Definitions.

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

A. “Sexually-oriented business” shall mean those businesses defined as follows:

1. “Adult arcade” shall mean an establishment containing any individual viewing areas or booths, where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions of specified sexual activities or specified anatomical areas.

2. “Adult bookstore,” “adult novelty store,” or “adult video store” shall mean a commercial establishment which has 30 percent or more of its inventory or floor space used for the sale or rental, for any form of consideration, of any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations or sexually-oriented paraphernalia or novelty items, which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas.

b. An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting, describing or reproducing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as 30 percent or more of its inventory or floor space is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

c. Video stores that sell and/or rent video tapes or other photographic reproductions and associated equipment shall come within this definition if 30 percent or more of the inventory or floor space includes the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction, description or reproduction of specified sexual activities or specified anatomical areas.

3. “Adult cabaret” shall mean a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features sexually-oriented live entertainment.

4. “Adult motel” means a hotel, motel, or similar commercial establishment:

a. Which offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

b. Which offers a sleeping room for rent for a rental fee period of time that is less than 20 hours; or

c. Which allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.

5. “Adult motion picture theater” shall mean a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are shown for any form of consideration.

6. “Adult theater” shall mean a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, features persons who appear live in a semi-nude or nude state, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.

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

8. “Nude or semi-nude model studio” shall mean any place where a person who appears nude or semi-nude, or displays specified anatomical areas, is provided for money or any other form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

B. “Barker” shall mean any person who is located at the entrance of or outside of a sexually-oriented business, and attempts to solicit business for the same by using voice or gestures.

C. “City” means the city of Sequim, Washington.

D. “Director” means the city manager, or designee.

E. “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 any sexually-oriented business of live entertainment, adult theater, or adult use establishments, whether or not such person is paid compensation by the operator of said business.

F. “Entertainer” means any person who provides sexually-oriented live entertainment in an adult cabaret or adult theater, whether or not they are an employee of the business and whether or not a fee is charged or accepted for such entertainment, and whether or not nude, semi-nude or clothed.

G. “Manager” means any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of a sexually-oriented business.

H. “Escort” means a person who provides services for an escort service as defined herein, who, for 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.

I. “Establishment” shall mean and include any of the following:

1. The opening or commencement of any sexually-oriented business as a new business; or

2. The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented businesses defined herein; or

3. The addition of any of the sexually-oriented businesses defined herein to any other existing sexually-oriented business; or

4. The relocation of any such sexually-oriented business; or

5. An existing sexually-oriented business.

J. “Nude or state of nudity” shall mean the appearance or less than complete and opaque covering of the human anus, male genitals, female genitals, or the areola or nipple of the female breast.

K. “Operator” shall mean and include the owner, significant stockholder or significant owner of interest, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

L. “Permitted and/or licensed premises” shall mean any premises that require a license and/or permit and that is classified as a sexually-oriented business.

M. “Permittee and/or licensee” shall mean a person in whose name a permit and/or license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

N. “Person” shall mean any individual, firm, joint venture, co-partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.

O. “Semi-nude” shall mean a state of dress in which 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.

P. “Specified anatomical areas” shall mean and include any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, anus, or areola of the female breasts or any artificial depiction of the same; or

2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Q. “Specified criminal activities” shall mean any conviction for acts which are sexual crimes against children, sexual abuse, rape, or distribution of obscenity or erotic material to minors, prostitution, pandering, or racketeering.

R. “Specified sexual activity” shall mean and include any of the following:

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

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or

3. Masturbation, actual or simulated; or

4. Human genitals or artificial depictions of the same in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of or in connection with any of the activities set forth in subsections (R)(1) through (4) of this section.

S. “Sexually-oriented live entertainment” means:

1. Any performance or dance of any type conducted in a commercial premises for a member or members of the public where such exhibition, performance or dance involves a person who is nude or semi-nude; or

2. Any exhibition, performance, or dance of any type conducted in a commercial premises for a member or members of the public where such exhibition, performance or dance is distinguished or characterized by the performer’s exposure of specified anatomical areas or performance of specified sexual activities; or

3. Any exhibition, performance or dance intended to sexually stimulate a member of the public where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all members of the public on the premises at the time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance.

T. “Obscenity” shall mean the definition of lewd material provided by RCW 7.48.050, including any matter:

1. Which the average person applying contemporary community standards would find when considered as a whole, appeals to the prurient interests in sex; or

2. Which explicitly depicts or describes patently offensive representations or descriptions of:

a. Ultimate sexual acts, normal or perverted, actual or simulated; or

b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibitions of the genital or genital areas; or

c. Violent or destructive sexual acts, including, but not limited to, human and or animal mutilation, dismemberment, rape and/or torture; or

d. Has a dominant theme which appeals to the prurient interests of minors and sex; which is patently offensive because it affronts contemporary community standards relating the description or representation of sexual matters or sadomasochistic abuse; and

e. Which when considered as a whole lacks serious, literary, artistic, political or scientific value.

U. “Transfer of ownership or control of a sexually-oriented business” shall mean and include any of the following:

1. The sale, lease, or sublease of the business; or

2. The transfer of securities which constitutes a controlling interest in the business, whether by sale, exchange, or similar means; or

3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 2001-023 § 1)

5.40.040 Prohibition.

A. For the reasons stated in the recitals and in SMC 5.40.010 and 5.40.020, a person shall not use any property or premises for a sexually-oriented business within the city of Sequim, except as permitted in this chapter.

B. No person shall operate a sexually-oriented business, as defined in this chapter, in any zone district in the city except as specifically permitted or conditionally permitted by SMC Title 18, Zoning.

C. No person shall operate a sexually-oriented business without first being issued a city of Sequim business license as required by Chapter 5.04 SMC. (Ord. 2001-023 § 1)

5.40.050 Regulated uses.

All sexually-oriented businesses are subject to the provisions of SMC 5.40.040 and the regulations contained in this chapter. (Ord. 2001-023 § 1)

5.40.060 Sexually-oriented business permit required.

A. A person may not conduct or operate a sexually-oriented business without a permit issued by the city for the particular type of business.

B. The city manager, or designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually-oriented business permits and related licenses. The city manager, along with the building official and/or his/her/their designee(s) are responsible for ascertaining whether a proposed sexually-oriented business for which a permit and/or license is being applied for complies with all requirements enumerated herein and all other applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of the ordinance codified in this chapter.

C. An application for a sexually-oriented business permit shall be made on a form provided by the city. Each person desiring to operate a sexually-oriented business shall file with the city clerk or designee an application supplied by the city.

D. The completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is an individual/sole proprietor:

a. The individual/owner shall state his/her legal name and any aliases, stage names, or previous names, date of birth, positive identification and submit satisfactory proof that he/she is 18 years of age or older, business, mailing address and business telephone number.

2. If the applicant is a partnership:

a. The partnership shall state its complete name, and the legal names of all partners, including their dates of birth, and submit satisfactory proof that each is 18 years of age and whether the partnership is general or limited, and a copy of the partnership agreement, if any.

3. If the applicant is a corporation:

a. The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of Washington, the legal names, dates of birth, proof that each is 18 years of age or older and the capacity of all officers, directors and principal stockholders, the name of the registered corporate agent, and the address of the registered office for service of process.

b. As a part of the application process, each officer, director, or principal stockholder, as defined above, shall provide the city clerk or designee with an affidavit attesting to their identity and relationship to the corporation. Principal stockholders shall mean those persons who own 10 percent or greater interest in the sexually-oriented business.

c. Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter or a license for a similar live adult entertainment or sexually-oriented business, including a motion picture theater and a panorama, from the jurisdiction of another city or county or state, and, if so, the name and address of each other licensed business.

d. A summary of the business history of the applicant and applicant control persons in owning or operating the live adult entertainment or other sexually-oriented business, providing names, addresses, and dates of operation for the businesses and whether a business license or live adult entertainment establishment license has been revoked or suspended and the reason for the revocation or suspension.

e. For the applicant and all applicant control persons, 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 the court, and disposition.

f. For the applicant and all applicant control persons, a description of business, occupation, or employment history for the three years immediately preceding the date of the application.

g. Authorization for the jurisdiction and the jurisdiction’s agents and employees to seek information to confirm statements set forth in the application.

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

i. A complete set of fingerprints for the applicant or each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency.

j. A scale drawing or diagram showing the configuration of the premises for the proposed live adult entertainment 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 areas must be clearly marked on the drawing. An application for a license for a live adult entertainment establishment must include building plans that demonstrate conformance with the jurisdiction’s building code requirements.

k. Applicants for a permit and/or license under this chapter shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the city finance department shall be grounds for suspension of a permit and/or license.

l. In the event the city manager or designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually-oriented business permit or license, he/she shall promptly notify the applicant of such fact and allow the applicant 10 days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application).

m. The applicant must be qualified according to the provisions of this section, must have a current city business license, and the premises must be inspected and found to be in compliance with all health, fire, and building codes applicable in the city.

n. The applicant shall be required to pay a preliminary nonrefundable processing fee established by resolution at the time of filing an application under this section. Note: This is a processing fee. License fees shall also be required in the event the application is approved.

o. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually-oriented business permit.

p. The application form for licenses and permits issued under this chapter shall contain a provision providing that under penalty of perjury the applicant verifies that the information contained therein is true to the best of his/her knowledge.

q. Attached to the license shall be a one-and-one-half-inch by two-inch color photograph of the applicant, including corporate applicants, showing the full face of the same, taken by the city, at a charge of $2.00, to be paid by the applicant at the time of the application. The license, when issued, shall have affixed to it the photograph of the applicant. (Ord. 2001-023 § 1)

5.40.070 Investigation and application.

A. Upon receipt of an application properly filed with the city clerk or designee, and upon payment of the nonrefundable processing fee, the city manager or designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the various departments of the city or other agencies responsible for enforcement of health, fire, and building codes and laws. Each department or agency shall promptly conduct an investigation of the application and the proposed sexually-oriented business. Said investigation shall be completed within 20 working days of receipt of the application by the city clerk or designee, unless circumstances support extending the same. If so, the city shall inform the applicant of the same and why. At the conclusion of its investigation, an appropriate representative of each department or agency shall indicate on the photocopy of the application its recommendation as to approval or disapproval of the application, date it, sign it, forward it to the city clerk or designee, and in the event that the department or agency recommendation is for disapproval, the specific reasons for the recommendation shall be stated, citing applicable laws, regulations and reasons.

B. A department or agency shall recommend disapproval of an application if it finds that the proposed sexually-oriented business will be in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the city, or if the applicant does not meet the conditions as specified in this chapter. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city clerk or designee. (Ord. 2001-023 § 1)

5.40.080 Issuance of permit.

A. The city manager or designee shall grant or deny an application for a permit within 30 days from the date of its proper filing unless the city or applicant establishes a good reason for an extension.

B. Grant of Application for Permit.

1. The city manager or designee shall grant the application unless one or more of the criteria set forth in subsection (C) of this section, Denial of Application for Permit, is present.

2. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually-oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it can be easily read at any time. It shall be valid for the period of time provided in this chapter.

C. Denial of Application for Permit. The city manager or designee shall deny the application for any of the following reasons:

1. An applicant is under 18 years of age or will be employing a person under 18 years of age.

2. An applicant is overdue on his/her payment to the city of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually-oriented business.

3. An applicant has failed to provide information required by this chapter, SMC 5.40.060, or the application for the issuance of the permit, or has falsely answered a question or request for information on the application form.

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

5. The applicant has failed to comply with any city codes or other state or federal regulations or court order.

6. The applicant has been convicted, forfeited bail or otherwise had an adverse finding against him or her for a specified criminal activity within the four years prior to the application date. (Ord. 2001-023 § 1)

5.40.090 Licenses for managers and entertainers of sexually-oriented businesses required.

A. A person may not work as a manager, assistant manager, or entertainer at a live adult entertainment establishment without a manager’s or an entertainer’s license issued by the city. An applicant for a manager or entertainer’s license must complete an application on forms provided by the clerk or designee containing the information identified in this subsection. A nonrefundable application fee must accompany the application. The clerk or designee shall provide a copy of the application to the law enforcement agency of the jurisdiction for its review, investigation, and recommendation. An application for a manager or entertainer’s license must be signed by the applicant and certified to be true under penalty of perjury. The manager’s or entertainer’s license application must require the following information:

1. The applicant’s name, mailing address, home telephone number, date and place of birth, fingerprints taken by the law enforcement agency of the jurisdiction or such other entity as authorized by the local law enforcement agency, and any stage names or nicknames used in entertaining;

2. The name and address of each live adult entertainment establishment at which the applicant intends to work;

3. Documentation that the applicant has attained the age of 18 years. Any two of the following are acceptable as documentation of age:

a. A motor vehicle operator’s license issued by a 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. A passport issued by the United States of America;

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

e. Other identification that the jurisdiction determines to be acceptable and reliable;

f. A complete statement of all convictions of the applicant for misdemeanor or felony violations in the jurisdiction or another city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions;

g. A description of the applicant’s principal activities or services to be rendered;

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

i. Authorization for the city and its agents and employees to investigate and confirm statements in the application.

B. The clerk or designee may request additional information or clarification if necessary to determine compliance with this chapter.

C. The contents of an application for an entertainer’s license and any additional information submitted by an applicant for an entertainer’s license are subject to public disclosure under Chapter 42.17 RCW. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing purposes.

D. An entertainer shall provide the entertainer’s license to the live adult entertainment establishment manager on duty on the premises before the entertainer’s performance. The manager shall retain the license of the entertainer so as to be readily available for inspection by the jurisdiction during business hours of the live adult entertainment establishment.

E. The clerk or designee shall issue a live adult entertainment establishment manager’s or entertainer’s license within 14 days from the date the complete application and fee are received unless the clerk or designee determines that the applicant failed to provide information required to be supplied according to this chapter, made a false, misleading or fraudulent statement of material fact in the application, failed to meet a requirement for issuance of a license under this chapter, failed to comply with any city codes or other state regulations, or has been convicted, forfeited bail or otherwise had an adverse finding against him or her for a specified criminal activity within the four years prior to the application date. If the clerk or designee determines that the applicant does not qualify for the license, then he/she shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the clerk or designee fails to approve or deny an application for a live adult entertainment establishment manager’s license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as a live adult entertainment establishment until notified by the city designee that the license is denied, but the city designee may not extend the application review time for more than an additional 20 days.

F. An applicant for an entertainer or manager’s license must be issued a temporary license upon receipt of a complete license application and fee. The temporary license automatically expires on the fourteenth day following the filing of the complete license application and fee unless the clerk or designee fails to approve or deny the license application, in which case the temporary license is valid until approval or denial of the application or until the final determination of an appeal from a denial of the application. The city designee may not extend the application review time for more than an additional 20 days. (Ord. 2001-023 § 1)

5.40.100 Licenses required for sexually-oriented businesses – Fee.

A. No sexually-oriented business shall be operated or maintained in the city of Sequim unless the owner or operator has obtained a sexually-oriented business permit as set forth in this chapter, and the applicable licenses from the clerk or designee.

B. The annual fee for a sexually-oriented business license shall be established in resolution, in the amount provided as the annual fee for an adult entertainment business license. The amount shall be used for the cost of administration and enforcement of this chapter.

C. The above-referenced licenses expire on the thirty-first day of December each year. Application for renewal must be made no later than 30 days before expiration.

D. The clerk or designee shall renew a license upon application unless he/she is aware of a fact that would disqualify the applicant from being issued the license for which the applicant seeks renewal and if the application complies with this chapter. The clerk or designee shall provide written notice to the licensee of the decision not to renew the license. The notice must include the reason for the decision not to renew and inform the licensee of the right to appeal the decision to the designated hearing body.

E. The applicant must be 18 years of age or older. (Ord. 2001-023 § 1)

5.40.110 Licenses for managers and entertainers of sexually-oriented businesses required – Fee.

A. No person shall work as a manager or entertainer at any sexually-oriented business without having first obtained the appropriate entertainer or manager’s license from the city, as described above. A nonrefundable processing fee established by resolution shall accompany the application.

B. The annual fee for such a license shall be established by resolution, in the amount provided as the annual fee for an adult entertainer/manager license. The amount shall be used for the cost of administration and enforcement of this chapter.

C. The above-referenced licenses expire one year after the date of issuance or renewal, and must be renewed no later than 14 days prior to the expiration date.

5.40.120 Licenses for models and escorts.

No person shall work as a model at a nude or semi-nude model studio or as an escort as defined herein without having first obtained a model or escort license from the clerk or designee.

A. Each such applicant shall complete an application containing the information identified in SMC 5.40.090 and the same procedures shall be followed as set forth in SMC 5.40.110. A nonrefundable processing fee established by resolution shall accompany the application.

C. The above-referenced licenses expire one year after the date of issuance or renewal, and must be renewed no later than 14 days prior to the expiration date.

D. The applicant must be 18 years of age or older. (Ord. 2001-023 § 1)

5.40.130 Manager on premises.

A licensed manager shall be on duty at all sexually-oriented business premises at all times, whether the business provides live or other performances. The responsibilities of the manager include but are not limited to:

A. A licensed manager shall be on duty at a live adult entertainment establishment at all times adult entertainment is provided or members of the public are present on the premises. The name and license of the manager must be prominently posted during business hours. The manager is responsible for verifying that a person who provides adult entertainment within the premises possesses a current and valid entertainer’s license.

B. The licensed manager on duty shall not be an entertainer.

C. The manager or an assistant manager licensed under this chapter must maintain visual observation of each member of the public at all times an entertainer is present in the public or performance areas of the live adult entertainment establishment. If there is more than one performance area, or the performance area is of such a size or configuration that one manager or assistant manager is unable to visually observe, at all times, each entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this chapter must be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the live adult entertainment establishment.

D. The manager is responsible for and must ensure that the actions of members of the public, the entertainers, and all other employees comply with this chapter. (Ord. 2001-023 § 1)

5.40.140 License nontransferable.

No license or permit issued pursuant to this chapter shall be transferable. (Ord. 2001-023 § 1)

5.40.150 License – Posting and display.

A. Every entertainer, manager, escort or model shall post his/her license in his/her work area so that it is readily available for public inspection.

B. Every person, corporation, partnership, or association licensed under this chapter shall display its license in a prominent place within the establishment. In the case of adult cabarets, the name of the manager on duty shall be prominently posted during business hours. (Ord. 2001-023 § 1)

5.40.160 Specifications – Adult cabarets and adult theaters.

A. Separation of Sexually-Oriented Live Entertainment Performance Area. The portion of adult cabaret, adult theater or any other premises in which sexually-oriented live entertainment is performed shall be either:

1. A stage or platform, visible to all members of the public at the premises, at least 24 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least six feet from all areas of the premises to which patrons have access. A continuous railing at least three feet in height and located at least six feet from all points of the sexually-oriented live entertainment performance area shall separate the performance area and the patron areas; or

2. A private table stage comprised of seating, beverage tray, and entertainment surface. The beverage tray shall be no more than 38 inches from the floor and the performance surface shall be no less than 50 inches above the floor level. Additionally, the outermost edge of the entertainment surface shall be separated from the outermost edge of the beverage tray by no less than 24 inches measured horizontally. All private table stages shall be visible from the entrance of the establishment and from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure.

B. Lighting. Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons so that all objects are plainly visible at all times, and so that on any part of the premises which are open to and used by patrons a program, menu, or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away.

C. Submittal of Plans. Building plans and lighting calculations showing conformance with the requirements of this section shall be included with any application for an adult cabaret or adult theater business license. Building plans must be in compliance with all building, planning and other applicable state, local and federal regulations. (Ord. 2001-023 § 1)

5.40.170 Standards of conduct and operation applicable to adult cabarets.

A. Standards for Patrons, Employees and Entertainers. The following standards of conduct must be adhered to by patrons, entertainers and/or employees of adult cabarets at all times live performances are provided:

1. No employee or entertainer shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except in the performance areas described in SMC 5.40.160(A).

2. An employee or entertainer mingling with the public may not be unclothed or in less than opaque and complete attire, costume, or clothing as described in subsection (A)(1) of this section.

3. An employee or entertainer mingling with a member of the public may not conduct a dance, performance, or exhibition in or about the nonperformance area of the live adult entertainment establishment unless that dance, performance, or exhibition is performed at a distance of at least six feet from the member of the public for whom the dance, performance, or exhibition is performed. The distance of six feet is measured from the torso of the dancer to the torso of the member of the public.

4. No patron or customer shall go into or upon the sexually-oriented live performance areas described in SMC 5.40.160(A).

5. No member of the public, employee or entertainer or patron shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of themselves or another.

6. An employee or entertainer may not caress, fondle, or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle, or erotically touch that employee. A member of the public may not caress, fondle or erotically touch an employee or entertainer.

7. No employee or entertainer shall perform acts of or acts which simulate sexual intercourse, masturbation, bestiality, sodomy, oral copulation, flagellation, or any sexual acts the performance of which are prohibited by law.

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

9. No entertainer shall be visible from any public place outside the premises during the actual or apparent hours of his/her employment or performance on the premises.

10. No tip or gratuity or other payment 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 in the performance area shall be permitted to accept any form of gratuity or other payment offered directly to the entertainer by any patron. Any gratuity or other payment offered to any entertainer performing upon any stage area must be placed upon the stage or platform separation rail, or in the case of private table stages, placed directly upon the table stage surface. Any gratuity or tip or other payment offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment establishment shall be placed into a receptacle provided for receipt of gratuities by the adult entertainment establishment or provided through a manger on duty on the premises.

11. It is unlawful for any entertainer, employee, manager, or waitperson to perform more than one such function at an adult cabaret on the same business day.

12. Except as provided in subsection (A)(10) of this section, no customer or patron of an adult cabaret shall give to an entertainer, either directly or indirectly, or otherwise provide an entertainer with, a gratuity or other payment, except an initial entrance fee or similar fee set out by the premises.

13. Entertainers are required to use separate restroom facilities.

14. At least one sign on each private table stage in English, 12 point print or larger, shall be conspicuously displayed stating the following:

CITY OF SEQUIM ENTERTAINMENT REGULATIONS:

(a) Entertainers may not extend any portion of their body beyond the edge of the performance stage;

(b) Touching or any physical contact is prohibited and may lead to arrest of patron and/or entertainer;

(c) Entertainers are not permitted to accept tips or gratuities or other payments directly from patrons. All tips or gratuities or other payments must be placed upon the stage surface, railing, or placed in common receptacle.

15. At least two additional signs, readable from at least 20 feet distance, shall be posted in the premises. One shall be posted conspicuously at the entrance to the establishment, and the other shall be conspicuously placed within the entertainer’s dressing room. These signs shall state the following:

THE ADULT CABARET OR ADULT THEATER IS REGULATED BY THE CITY OF SEQUIM.

ENTERTAINERS ARE:

(a) Not permitted to engage in any type of sexual conduct.

(b) Not permitted to appear semi-nude or nude except on stage.

(d) Touching between patrons and entertainers is prohibited and may lead to arrest of patron and/or entertainer.

16. There must be at least one employee not an entertainer on duty and situated in any public area at all times that any patron, member or customer is present inside the premises.

17. Doors to areas on the premises which are available for use by persons other than the owner, manager, operator or their agents or employees may not be locked during business hours.

18. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers or any other persons that police officers or health, fire or building inspectors are approaching or have entered the premises.

B. Standards for Owner or Operator of Adult Cabarets or Adult Theaters. At any adult cabaret or adult theater where live performances are provided:

1. Admission must be restricted to persons of the age of 18 years or more pursuant to RCW 9.68A.150, and the identification of all patrons must be checked by the employees of the premises.

2. Sufficient lighting shall be provided in or about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times, and allows for the reading of a program, menu, or list printed in eight point type by the human eye with 20/20 vision from two feet away.

3. It is unlawful for any manager to perform more than one such function at an adult cabaret on the same business day, and it is unlawful for any manager to allow or permit any entertainer, employee, manager, or waitperson to perform more than one such function at an adult cabaret on the same business day.

4. All prices, costs, charges of any services, performances, products, function or items for which a charge or cost is to be paid shall be listed and identified, in English, on a chart, sign or similar board, of sufficient size to be readable at 20 feet, conspicuously displayed and visible from the entrance area of the establishment. (Ord. 2001-023 § 1)

5.40.180 Regulations of adult bookstores, novelty stores, arcades and video stores.

All adult bookstores, adult novelty stores, adult arcades, or adult video stores having facilities for customers’ viewing of depictions of human nudity and/or specified sexual activity of any nature, including depictions of specified sexual activities, shall comply with the following regulations:

A. Construction/Maintenance.

1. The viewing areas within the sexually-oriented adult arcade premises shall each be visible from the entrance of the establishment and from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing area” means the area where a patron or customer would be positioned while watching a film, video or other viewing device.

2. All areas shall be maintained in a clean and sanitary condition at all times with sufficient lighting so that all objects are plainly visible at all times or listed print in eight point type will be readable by the human eye with 20/20 vision from two feet away.

3. Restrooms may not contain video reproduction equipment.

4. No steps or risers are allowed in any adult arcade booth or station.

5. No adult arcade station or booth shall have more than one stool type seat. In order to prevent obscuring the occupant of an adult arcade station or booth from view, no stool for seating within an adult arcade station or booth shall have any seat back or sides.

6. All ventilation devices between the adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings (“glory holes,” etc.) in the booths.

7. No person may operate any kind of warning device or system for the purpose of warning or aiding or abetting the warning of any patron, employee or other persons that the police, health, fire or building inspector or other public officials are approaching or entering the premises.

8. The licensee shall not permit any doors to public areas on the premises to be locked during business hours, in violation of the applicable provisions of the Sequim Building Code, Uniform Fire Code, and National Fire Protection Association Code, or other applicable codes.

9. No person under 18 years of age shall be permitted in such premises. The employees shall check identification of all who enter.

B. Unlawful Conduct. The following conduct or activity is unlawful:

1. Masturbation or sexual activity of any kind in viewing booths.

2. Two or more customers in a viewing booth at the same time.

3. For the owner or manager to knowingly allow any of the disallowed conduct.

4. Noncompliance with any other regulations set forth in this chapter.

C. Signs. At least two signs shall be conspicuously and permanently posted on the premises in readable English type from 10 feet away, advising customers using viewing booths that:

1. Masturbation in such booths is prohibited and unlawful.

2. That it is unlawful for more than one customer to occupy a viewing booth at any time.

3. Violations are subject to criminal prosecution. (Ord. 2001-023 § 1)

5.40.190 Other video store regulations.

Video stores that do not fit the definition of a sexually-oriented business as provided above but that sell or otherwise distribute films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and less than 30 percent of their revenues inventory or floor space includes such items, shall be subject to state regulations, and the following:

A. All such items as are described above shall be physically segregated and closed off from other portions of the store such that these items are not visible and/or accessible from other portions of the store.

B. No advertising for such items shall be posted or otherwise visible, except where such items are authorized by law for display.

C. Signs, in English, readable at a distance of 20 feet shall be posted at the entrance to the area where such items are displayed stating that persons under the age of 18 are not allowed access to the area where “erotic” items as defined by state statute and/or court order are displayed.

D. The manager or attendant shall take reasonable steps to monitor the area where such “erotic” items are displayed to ensure that persons under 18 years of age do not access the age-restricted area.

E. Rental or sale of obscene material (as defined herein) shall be considered a moral nuisance, and subject to abatement pursuant to this chapter and RCW 7.48.058.

F. Employees of such video stores shall check identification for the age of all persons renting or purchasing such “erotic” items.

G. The store shall not employ anyone under 18 if the store sells or otherwise distributes films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 2001-023 § 1)

5.40.200 Exemptions.

This chapter shall not be construed to prohibit:

A. A person appearing in a state of nudity or semi-nudity, modeling in a class operated by: a proprietary school, licensed by the state of Washington; a college, junior college, or university supported entirely or partly by taxation; a private college university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or the modeling of clothing or lingerie in a full-service restaurant where no consideration is charged, whether directly or indirectly, specified anatomical areas are opaquely covered and not exposed by the model and the models are not within six feet of any patron of the restaurant;

B. Plays, operas, musicals, or other dramatic works that are not obscene;

C. Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene; or

D. Exhibitions, performances, expressions or dances that are not obscene. (Ord. 2001-023 § 1)

5.40.210 License – Name of business and place of business.

No person granted a permit and/or license pursuant to this chapter shall operate a sexually-oriented business under a name not specified in his/her license, nor shall he/she conduct business under any designation or at a location not specified in his/her permit and/or license. (Ord. 2001-023 § 1)

5.40.220 Inspections.

A. All books and records required to be kept pursuant to this chapter shall be open to inspection by the chief of police or designee of the city of Sequim during the hours when the licensed premises is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.

B. The licensed premises shall be (as an implied condition of receiving a sexually-oriented business permit and/or license) open to inspection by the city’s chief of police, fire or health officials, or their designees during the hours when the sexually-oriented business premises is open for business. The purpose of such inspection shall be to determine if the licensed premises is operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. (Ord. 2001-023 § 1)

5.40.230 Hours of operation.

It is unlawful for any sexually-oriented business premises, except adult motels, to be conducted, operated, or otherwise open to the public between the hours of 4:00 a.m. and 11:00 a.m. (Ord. 2001-023 § 1)

5.40.240 Alcohol prohibited.

Alcoholic beverages are prohibited from being served or present at any business subject to regulation under this chapter. (Ord. 2001-023 § 1)

5.40.250 Barkers prohibited.

The use of “barkers” as defined herein by any sexually-oriented business, or business offering sexually-oriented material, shall be prohibited. (Ord. 2001-023 § 1)

5.40.260 Recordkeeping requirements.

A. Within 30 days following each calendar quarter, each sexually-oriented business licensee shall file with the clerk or designee a verified report showing the licensee’s gross receipts and amounts paid to entertainers, models, or escorts, if applicable, by quarter for the preceding calendar year.

B. Each sexually-oriented business licensee shall maintain and retain for a period of two years from the date of termination of employment the names, addresses, Social Security numbers and ages of all persons employed or otherwise retained as entertainers, models, and escorts by the licensee. (Ord. 2001-023 § 1)

5.40.270 Denial, suspension or revocation of license or permit procedures – Appeal.

A. When the clerk or designee refuses to grant a license or permit, or revokes or suspends the same, the applicant must be notified in writing, describing the reasons for the revocation or suspension, and of applicant’s right to appeal to the city hearing examiner.

B. Whenever the clerk or designee has found or determined that any violation or change in circumstances of this chapter has occurred, the clerk or designee will issue a notice of violation and suspension or revocation (“notice”) to the licensee or permit holder.

The notice must include the following:

1. Name(s) of person(s) involved.

2. Description of the violation(s), including date and section of this chapter violated.

3. Description of the administrative action taken.

4. Rights of appeal as set forth in Chapter 2.10 SMC.

The notice must be served personally or by certified mail, postage prepaid, return receipt requested, to licensee’s last known address. Proof of personal service must be made at the time of service by a written declaration under penalty of perjury, executed by the person effecting the service, declaring the time, date, and the manner by which service was made. The decision may be appealed to the city hearing examiner in the manner described in Chapter 2.10 SMC.

C. The suspension or revocation of a license must be immediately effective unless a stay is specifically requested in the written request for an appeal.

D. Upon receiving a timely notice of appeal, the city clerk will forward the administrative record of the licensing decision to the city hearing examiner pursuant to Chapter 2.10 SMC.

E. Appeals under this title are handled pursuant to Chapter 2.10 SMC.

F. The hearing examiner’s decision constitutes the final administrative review.

G. Either party may seek judicial review of the hearing examiner’s final decision as provided by law. (Ord. 2019-004 (Exh. B); Ord. 2001-023 § 1)

5.40.275 Suspension or revocation of license/permit – Duration.

A. The city shall suspend any license as required by this chapter for a period of 30 days upon the licensee’s first violation of this chapter or other applicable ordinances, statutes, or regulations.

B. The city shall suspend any license required by this chapter for a period of 90 days upon the licensee’s second violation within a 24-month period of this chapter or other applicable ordinances, statutes or regulations.

C. The city shall revoke any license required by this chapter for a period of two years upon the licensee’s third, or any subsequent, violation of this chapter or other applicable ordinances, statutes or regulations.

D. Notwithstanding the other provisions of this chapter, the city shall revoke or deny the renewal of any license required by this chapter for two years if the licensee has made any false or misleading statements or misrepresentations to the city.

E. Application for a new license may be made following the expiration of the applicable revocation period. (Ord. 2001-023 § 1)

5.40.280 Applicability to currently operating businesses.

Any sexually-oriented business legally operating upon the effective date of this chapter shall be exempted from the permit and application requirements of SMC 5.40.060, 5.40.070 and 5.40.080 for the remainder of 2001. This section shall not be construed to exempt any legally operating adult bookstore from ceasing to operate portions of such business as an adult arcade pursuant to other regulations. (Ord. 2001-023 § 1)

5.40.290 Limitations of liability.

None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 2001-023 § 1)

5.40.300 Penalties for violation.

Any person violating any provision(s) 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 a jail term of not more than 90 days, or both. Each such person is guilty of a separate misdemeanor for each and every day which any violation of this chapter is committed, continued, or permitted by any such person and said person shall be punished accordingly. Any persons violating any of the provisions of this chapter shall also be subject to license suspension or revocation and nuisance abatement as set forth herein. (Ord. 2001-023 § 1)

5.40.310 Public nuisance/injunctions.

Any sexually-oriented businesses in violation of this chapter shall be deemed a public nuisance, which, in addition to all other remedies, may be abated by injunctive relief. (Ord. 2001-023 § 1)