Chapter 5.06 SEXUALLY ORIENTED BUSINESS LICENSES AND REGULATIONS

A. Purpose. The purpose of requiring standards for sexually oriented businesses is to mitigate the adverse secondary effects caused by such businesses, to maintain compatibility with other land uses and services permitted within the city, and to promote the public health, safety and welfare of the citizens of the city.

B. Findings.

1. There is convincing evidence in the form of studies, court cases, and police records as included in the studies that sexually oriented businesses have secondary effects that are deleterious to both existing businesses around them and surrounding residential areas or other nearby sensitive uses, including increased crime, harm to minors, urban blight, diminishment in the quality of residential life, and reduction of property values;

2. Many of the Washington cities represented in the studies reviewed by the city of Shelton have similar community characteristics as the city of Shelton, including the city of Des Moines’ downtown area, the city of Olympia’s downtown area, and the city of Centralia generally;

3. Negative secondary effects are associated with (a) physical and/or erotic contact between patrons and employees or entertainers, (b) gratuitous offerings to entertainers prior to performances; (c) lack of management oversight; poor lighting inside or outside of sexually oriented businesses; areas within said businesses that are secured and private;

4. Negative secondary effects of sexually oriented businesses can be minimized by (a) providing minimum separation between patrons and entertainers of sexually oriented businesses; (b) avoiding erotic touching between patrons and employees or entertainers of sexually oriented businesses; (c) by controlling the means by which gratuity is offered to entertainers in sexually oriented businesses; (d) by ensuring that managers are on duty at all times in sexually oriented businesses to monitor activities of patrons, employees and entertainers of said businesses; (e) by maintaining adequate lighting both inside and outside of the sexually oriented business; and (f) by ensuring that there are no unmonitored or secured areas within a sexually oriented business where sexual activities may be facilitated;

5. Regulation of the sexually oriented business industry is necessary because in the absence of such regulation, significant criminal activity has historically and regularly occurred in and around such businesses. This history of criminal activity in the sexually oriented business industry has included prostitution, illegal employment of minors, narcotics trafficking and use, alcoholic beverage law violations, breaches of the peace, tax evasion, and the presence within the industry of individuals with hidden ownership interests, outstanding arrest warrants, and past criminal behavior related to the sexually oriented business industry which may be indicative of intended future conduct;

6. The secondary effects resulting from activities related to sexually oriented businesses are detrimental to the public health, safety, morals, and general welfare of the citizens of the city, and, therefore, such activities must be regulated;

7. Close physical proximity between entertainers and patrons during sexually oriented performances facilitates sexual contact, prostitution, and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city, which require reasonable regulation of sexually oriented business establishments in order to protect the public health, safety, and general welfare of its citizens;

8. In the absence of regulation, the criminal activities described in subsections (B)(5) and (7) of this section occur whether or not the sale of alcoholic beverages takes place in conjunction with sexually oriented business activities;

9. It is necessary to license sexually oriented business premises to identify the location and nature of activities to take place on such premises, to identify the operators of each such business, and to provide for the regulation of such premises;

10. It is necessary to license managers in the sexually oriented business industry, and to have a licensed manager on the premises of sexually oriented business premises, so there will at all necessary times be an identifiable individual responsible for the overall operation of the sexually oriented business establishment, including responsibility for the actions of entertainers, other employees, and patrons; and

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

12. License fees are necessary to partially defray the substantial expenses incurred by the city in regulating the sexually oriented business industry; and

13. Consultations with the city of Shelton police department confirm that existing staffing patterns in that department limit the city’s ability to effectively monitor the activities associated with sexually oriented businesses during late night and early morning times, resulting in a need to limit the hours of operation of such businesses.

C. Intent.

1. The city council desires to minimize and control these adverse secondary effects of sexually oriented businesses and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; protect minors from exposure to inappropriate conduct; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight;

2. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the secondary effects of sexually oriented businesses through time, place, and manner regulations; and

3. It is not the intent of the city council to condone or legitimize the distribution of obscene material, and the city council recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce obscenity statues against such illegal activities in the city.

D. Scope. The standards established in this chapter apply to all sexually oriented businesses as defined in Section 5.06.040. (Ord. 1921-0518 (part), 2018; Ord. 1648-0805 § 2 (part), 2005)

5.06.020 Consistency with this title—Exceptions—Each business separate.

A. Any sexually oriented business shall be consistent with all applicable requirements of Title 20, Zoning Regulations and any other applicable law, rule or regulation governing the specific proposal.

B. This chapter shall not be construed to prohibit:

1. Plays, operas, musicals, or other dramatic works that are not obscene, as defined in subsection D of this section.

2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene.

3. Exhibitions, performances, expressions or dances that are not obscene.

4. Massage businesses operating pursuant to the regulations set forth in Chapter 18.108 RCW.

C. The exceptions in subsection B of this section shall not apply to the sexual conduct defined in Section 5.06.040, or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).

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

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

2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW7.48A.010(2)(b); and

3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.

E. For the licensing provisions of this chapter only, each type of sexually oriented business defined in this chapter which may include, but not be limited to, an adult cabaret, adult panoram, adult theater or adult retail establishment shall constitute a separate sexually oriented business even if operated in conjunction with another sexually oriented business at the same establishment. (Ord. 1648-0805 § 2 (part), 2005)

5.06.030 Proximity requirements.

Permitted locations for sexually oriented business are defined in Chapter 20.35. (Ord. 1648-0805 § 2 (part), 2005)

5.06.040 Definitions.

For purposes of this chapter, the following words and phrases are defined as set forth below:

1. “Adult cabaret” means any commercial premises, including any adult cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live sexually oriented entertainment to any member of the public.

2. “Adult motion picture theater” means a commercial establishment that shows films, motion pictures, video cassettes, slides, computer generated images, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities, and that are not rated G, PG, PG-13, NC-13, NC-17 or R by the Motion Picture Association of America.

3. “Adult panoram” means any commercial establishment which contains one or more devices which, for payment of a fee, membership fee, or any other direct or indirect charge, is used to view, exhibit or display a film or videotape which is distinguished or characterized by an emphasis on “specified anatomical areas” or “specified sexual activities.” All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The terms “panoram” and “panoram device” do not include games or gambling devices regulated by the state.

4. “Adult panoram premises” means any panoram premises or portion of any premises on which any panoram device is located, and to where members of the public are admitted, and which videotapes, films or similar pictures are displayed which are distinguished or characterized by an emphasis on the depiction, description, simulation or relation to “specified sexual activities” or “specified anatomical areas.” The term “panoram premises” does not include movie or motion picture theaters.

5. “Adult retail establishment” means a retail establishment which has as one of its principle business purposes the sale, exchange, rental, loan, trade, transfer, and/or viewing of merchandise distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to “specified sexual activities” or “specified anatomical areas.” The term “merchandise” as used above includes but is not limited to the following: books, magazines, posters, cards, pictures, periodicals, or other printed matter; prerecorded video tapes, discs, film or other such media and instruments, devices, equipment, paraphernalia or other such products which are designed for use in connection with “specified sexual activities.” Such a principle business purpose exists when at least twenty-five percent of the inventory or stock in trade, whether by volume or wholesale value, consists of merchandise distinguished or characterized by an emphasis on the depiction, description, simulation or relation to “specified sexual activities” or “specified anatomical areas,” or where twenty-five percent or more of retail transactions involve such merchandise. An adult retail establishment includes, without limitation, an adult video store, adult bookstore, or adult novelty store, but excludes adult motion picture theaters.

6. “Applicant” means the individual or entity seeking a sexually oriented business premises license, or sexually oriented manager or entertainer license in the city of Shelton.

7. “Applicant control persons” means all owners, officers and managers of the applicant’s business who manage the day to day operations of that business.

8. “Designee” means such city employees or agents as the city manager shall designate to administer this chapter.

9. “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.

10. “Entertainer” means any person who provides sexually oriented entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for entertainment.

11. “Liquor” means all beverages defined in RCW 66.04.010.

12. “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 sexually oriented entertainment occurring at any adult cabaret or adult panoram premises, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

13. “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a sexually oriented business premises.

14. “Operator” means any person operating, conducting or maintaining a sexually oriented business.

15. “Panoram station” means the portion of any adult panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device, and is sometimes referred to as a booth or panoram booth.

16. “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.

17. “Sexual conduct” means acts of:

a. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or

b. Any penetration of the vagina or anus, however slight, by an object; or

c. Any contact between persons involving the sex organs of one person and the mouth or anus or another; or

d. Masturbation, manual or instrumental, of oneself or of one person by another; or

e. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another; or

f. Excretory functions as part of, or in connection with any of the activities set forth in this section; or

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

h. Human genitals in a state of sexual stimulation or arousal.

18. “Sexually oriented business” means an adult panoram, adult cabaret, adult retail establishment, adult motion picture theater, or any similar business activity providing sexually oriented entertainment.

19. “Sexually oriented entertainment” means:

a. Any exhibition, film, video, image, performance or dance of any type shown or conducted in a premises where such exhibition, film, video, image, performance, or dance involves a person or image of a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

b. Any exhibition, film, video, image, performance or dance of any type shown or conducted in a premises where such exhibition, film, video, image, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

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

ii. Acts of human masturbation, sexual intercourse or sodomy; or

iii. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast;

c. Any exhibition, performance or dance, shown or performed which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public at one time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

20. “Specified sexual activities” means:

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

b. Acts of human masturbation, sexual intercourse or sodomy; or

c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.

21. “Specified anatomical areas” means any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1921-0518 (part), 2018; Ord. 1648-0805 § 2 (part), 2005)

5.06.050 License required—Sexually oriented business, sexually oriented entertainer, sexually oriented business manager.

A. Sexually Oriented Business—License Required.

1. It is unlawful for any person to operate or maintain a sexually oriented business in the city unless the owner, operator or lessee thereof has obtained from the finance director or his/her designee a license to do so, to be designated a “sexually oriented business license.” This license is in addition to a business license that may be required under Chapter 5.04.

2. 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 sexually oriented business.

B. Sexually Oriented Entertainers or Sexually Oriented Business Managers—License Required. It is unlawful for any person to work as an entertainer or manager at a sexually oriented business premises without having first obtained from the finance director or his/her designee a license to do so, to be designated as a “sexually oriented entertainer’s license,” or a “sexually oriented business manager’s license.” Such licenses are in addition to a business license that may be required under Chapter 5.04. (Ord. 1926-0818 § 1 (part), 2018: Ord. 1648-0805 § 2 (part), 2005)

5.06.060 License—Application.

An application for any license required by this chapter shall be made on a form provided by the city. A separate license shall be obtained for each category and location of sexually oriented business defined in this chapter, and for each category of entertainer, manager or other type of employment for which a license is required.

A. Sexually Oriented Business License. Any applicant desiring to operate a sexually oriented business shall file with the finance director or his/her designee the original and two copies of a completed and sworn license application together with the following information:

1. Name, any aliases or previous names, driver’s license number, date of birth, federal tax identification number (unless a natural person), and mailing address for each applicant and applicant control person. The city may use this information to conduct a background investigation and/or a criminal history records check.

2. Proof that each applicant and applicant control persons have attained the age of eighteen years.

3. If the applicant is a corporation or partnership, whether general or limited, the date and place of incorporation or registration with the state of Washington, evidence that it is in good standing under the laws of the state of incorporation, and the name and address of any registered agent for service of process within the state of Washington.

4. The location of the proposed sexually oriented business, including the mailing and street address.

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

6. A scale drawing or diagram showing the configuration of the premises for the proposed sexually oriented business, 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, adult panoram device locations, manager’s offices and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans that demonstrate conformance with the requirements of this chapter and the building and zoning codes as prescribed in the Shelton Municipal Code.

7. The number of and description of each adult panoram device to be located on the premises including make, model, and serial number of all adult panoram devices.

8. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.

B. Sexually Oriented Manager’s or Entertainer’s License. Any person desiring to manage a sexually oriented business, or to be an entertainer at a sexually oriented business, shall file with the finance director or his/her designee the original and two copies of a completed and sworn license application together with the following information:

1. The applicant’s name, any aliases or previous names, home address, home telephone number, date of birth, and any stage names or nicknames used in entertaining. The city may use this information to conduct a background investigation and/or a criminal history records check;

2. The name and address of each business at which the applicant intends to work as a manager or entertainer; (Ord. 1648-0805 § 2 (part), 2005)

5.06.070 Processing of application.

Upon receipt of a complete application and application fee the finance director or his/her designee shall provide copies of the application to the city manager, police, community and economic development, and fire departments for their investigation and review. (Ord. 1921-0518 (part), 2018; Ord. 1648-0805 § 2 (part), 2005)

5.06.080 Issuance of license—Approval or denial.

A. The finance director or his/her designee shall grant or deny a sexually oriented business license or sexually oriented entertainer’s or manager’s license within thirty days from the date the complete application and fee are received.

B. The license 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 licensed sexually oriented business. One photograph of the licensee shall be affixed to the license. The permit and the affixed photograph 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 the business is open.

C. The manager for any sexually oriented business shall have a current and valid copy of the license for every entertainer employed by the business. The manager shall make these licenses available for inspection by city authorities immediately upon request.

D. If the finance director or his/her designee fails to approve or deny a sexually oriented business license or sexually oriented entertainer’s or manager’s license within thirty days of receipt of a completed application along with the required fee, the license shall be automatically deemed approved.

E. A license may be denied for noncompliance with this chapter, noncompliance with the location requirements for such businesses or for the following reasons:

1. The license was procured by fraud, false representation, or omission of a material fact; or

2. The licensee or any of its employees, officers, agents or volunteers, while acting within the scope of their employment, violates or fails to comply with any of the provisions of this chapter; or

3. The licensee’s continued conduct of the business for which the license was issued has or will result in a danger to the public health, safety or welfare, or the violation of any federal or state law or any ordinance or regulation of the city; or

4. The licensee has been convicted in any court of violating a law which conviction prohibits the licensee from operating the type of business for which they have been licensed or are applying for a license to operate; or

5. The licensee continues to employ a person or allows a person to volunteer who has been convicted of violating any law that prohibits such person from employment at the type of business the licensee operates; or

6. The place of business does not conform to city ordinance; or

7. The license is being used for a purpose different from that for which it was issued. (Ord. 1648-0805 § 2 (part), 2005)

5.06.090 License fee and expiration.

The fee for a sexually oriented business license shall be established by resolution of the Shelton city council and be payable on an annual basis. The license year shall be from January 1st to December 31st of each year and the fee shall not be prorated. (Ord. 1921-0518 (part), 2018; Ord. 1648-0805 § 2 (part), 2005)

5.06.100 License nontransferable.

No license issued pursuant to this chapter shall be transferable or assignable. (Ord. 1648-0805 § 2 (part), 2005)

5.06.110 License term—Assignment—Renewals.

A. A license issued under this chapter is valid until December 31st of the year for which it is issued and shall be renewed annually.

B. Application for renewal of licenses issued hereunder shall be made to the finance director or his/her designee no sooner than sixty days prior to license expiration. The renewal license shall be issued in the same manner, under the same limitations, and upon payment of the same fees as for an original application under this chapter. (Ord. 1648-0805 § 2 (part), 2005)

5.06.120 Suspension or revocation of licenses.

A. Revocation. After an investigation and upon the written recommendation of the chief of police, city manager, director of the department of community and economic development, or the fire chief or their designees, the city may seek revocation of any license issued pursuant to this chapter when the license was procured by fraud or false representation of material fact in the application.

B. Suspension. After an investigation and upon the written recommendation of the chief of police, director of the department of community and economic development, or the fire chief or their designees, the city may seek suspension of any license issued pursuant to this chapter when one or more of the following conditions exist:

1. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter, and such violation constitutes a threat of immediate serious injury or damage to persons or property; or

2. The failure of the licensee or any of his or her servants, agents or employees to comply with the provisions of this chapter after the licensee has been duly notified of the violation(s) committed by the licensee or his or her servants, agents or employees; or

3. The conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as the term is defined in Chapter 69.50 RCW) committed on the premises; or

4. The conviction of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as the term is defined in Chapter 69.50 RCW) committed on the premises when the licensee knew or should have known of the violations committed by his or her servants, agents or employees.

C. Penalty—Action for Suspension or Revocation. The city may seek suspension or revocation of a license issued pursuant to the provisions of this chapter through an action in the Shelton municipal court. The penalty for violation of the licensing provisions of this chapter shall be suspension or revocation of the license or licenses to which the violation applies as provided in this section. (Ord. 1921-0518 (part), 2018; Ord. 1648-0805 § 2 (part), 2005)

5.06.130 Appeal and hearing.

A. Any person aggrieved by the action of the city in issuing, refusing to issue or renew any license under this chapter or in suspending or revoking any license issued under this chapter shall have the right to appeal such action to the Shelton municipal court, by filing a notice of appeal with the city manager within ten calendar days after receiving notice of the action from which appeal is taken. The notice of appeal shall be accompanied by a fee, as established by resolution of the city council.

B. The municipal court, upon receipt of a timely notice of appeal, shall set a date for a hearing of such appeal within twenty calendar days from receipt. The court shall hear testimony, take evidence, and may hear oral argument and receive written briefs. The filing of such appeal shall stay the action of the city to refuse to issue or renew any license under this chapter, or to suspend or revoke any license issued under this chapter, pending the decision of municipal court.

C. The decision of the court on an appeal from a decision of the city shall be based upon a preponderance of the evidence. The burden of proof shall be on the city.

D. The decision of the municipal court shall be final unless appealed, by the filing of an appropriate action to the superior court within twenty days of the date the decision is entered. Appellant shall pay the cost of reproduction of the record transcript. (Ord. 1921-0518 (part), 2018; Ord. 1648-0805 § 2 (part), 2005)

5.06.140 Standards of conduct and operation—Adult cabarets.

A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present:

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 the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least six feet from the nearest member of the public.

2. No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.

3. No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.

4. 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.

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

6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret. Any dance, performance or exhibition shall be performed on a stage as described in subsection (D)(1) of this section.

7. No payment, tip or gratuity may be paid directly to any entertainer or other employee of an adult cabaret as compensation for any sexually oriented entertainment, regardless of where the entertainer or other employee of an adult cabaret is located. Payments made to cashiers, waitpersons or other employees of an adult cabaret for admission fees or for food, beverage or other product sales do not constitute compensation for any sexually oriented entertainment. Any payments, tips or gratuities that any patron or other person intends or desires to pay to any entertainer or other employee of an adult cabaret as compensation for any sexually oriented entertainment shall be deposited in a box or receptacle clearly identified as the box or receptacle into which payments, tips or gratuities shall be received by or deposited for the intended entertainer or other employee of an adult cabaret. The location of such box(es) or receptacle(s) shall be in the vicinity of the cash register or counter where payments are made for services provided in the establishment, and shall be clearly visible to the manager of the adult cabaret and to the public. No payment, tip or gratuity may be offered to, or accepted by, an entertainer in advance of or prior to any performance, exhibition, dance or conduct provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of payment, tip or gratuity offered directly to the entertainer by any member of the public, or indirectly to the entertainer by an employee or manager of the establishment.

B. At any adult cabaret, the following are required:

1. Admission must be restricted to persons of the age of eighteen years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult cabaret to permit or allow any person under the minimum age specified to be in or upon such premises. An employee shall be stationed at each entrance and shall require proof of age prior to allowing any member of the public admittance upon such premises.

2. 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 adult cabaret.

3. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult cabaret, which shall include but are not limited to: the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.

C. The responsibilities of the manager of an adult cabaret shall include but are not limited to:

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

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

3. The manager or an assistant manager licensed under this chapter shall maintain visual observation of every patron at all times any entertainer is present in the public or performance areas of the adult cabaret. Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manager is unable to visually observe, at all times, every patron, a manager or assistant manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult cabaret.

4. The manager shall be responsible for and shall assure that the actions of patrons, the adult entertainers and all other employees shall comply with all requirements of this chapter.

D. Premises—Specifications.

1. Performance Area. The performance area of the adult cabaret where sexually oriented entertainment as described in Section 5.06.040 is provided shall be a stage or platform at least eighteen inches in elevation above the level of the patron seating area, and shall be separated by a distance of at least six feet from all area of the premises to which members of the public have access. A continuous floor-mounted railing at least three feet in height and located at least six feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of the premises wherein sexually oriented entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, draped, walls or any other obstruction whatsoever.

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

3. Signs. Signs, in both English and Spanish, at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the premises stating the following:

THIS ADULT CABARET IS REGULATED BY THE CODES AND REGULATIONS OF THE CITY OF SHELTON. ENTERTAINERS ARE:

A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT;

B. NOT PERMITTED TO APPEAR SEMI-NUDE, EXCEPT ON STAGE;

C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE;

D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA. TIPPING ONLY PERMITTED IN TIPPING BOXES DESIGNATED FOR TIPS.

4. Cleanliness. All public areas of the adult cabaret shall be maintained in a clean and sanitary condition.

E. Record Keeping Requirements.

1. All papers, records, and other documents required to be kept pursuant to this chapter shall be open to inspection by the finance director or his/her designee during the hours when the licensed premises are open for business, upon two days’ written notice from the city. The purpose of such inspections shall be to determine whether the papers, records, and other documents meet the requirements of this chapter.

2. Each sexually oriented business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. This information shall be open to inspection by the finance director or his/her designee during hours of operation of the business upon twenty-four hours’ notice to the licensee.

F. Inspections. In order to ensure compliance with this chapter all areas of licensed adult cabarets that are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are 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. 1648-0805 § 2 (part), 2005)

5.06.150 Premises regulations—Sexually oriented businesses.

The following standards of conduct must be adhered to by any sexually oriented business establishment:

A. No advertisement, representation, or display of merchandise or equipment depicting or representing any specified anatomical areas and/or specified sexual activities shall be visible from any public street, alley, sidewalk, or any other public way. No sexually oriented entertainment shall be visible from any public way; and

B. Parking lots shall be illuminated and shall maintain a lighting level equal to, or brighter than, the exit illumination requirements for the occupancy.

C. Admission is restricted to persons of the age of eighteen years or older. An employee shall be stationed at each entrance and shall require proof of age prior to allowing any member of the public admittance upon such premises. (Ord. 1648-0805 § 2 (part), 2005)

5.06.160 Premises regulations—Adult panoram premises.

All adult panoram premises shall conform to the following requirements:

A. Each adult panoram premises shall be designed, constructed, and maintained so that each adult panoram station is fully and completely visible by direct line of sight from a manager’s or cashier’s station which is staffed by a person who is licensed as provided in this chapter at all times when any adult panoram station is in use.

B. Panoram station or booth entries shall not have any doors, curtains or other coverings over the entryway. Panoram stations or booths shall be designed so that the person occupying the station or booth is visible from the adjacent room at all times.

C. 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 thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers is hereby established for all areas of the adult panoram premises where members of the public are permitted.

D. All papers, records, and other documents required to be kept pursuant to this chapter shall be open to inspection by the finance director or his/her designee during the hours when the licensed premises is open for business. The purpose of such inspections shall be to determine whether the papers, records, and other documents meet the requirements of this chapter.

E. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable city ordinances, the laws of the state of Washington and the United States. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the International Building Code as adopted by the city of Shelton. All premises and devices must be inspected prior to issuance of a license.

F. In order to ensure compliance with this chapter all areas of an adult panoram premises that are open to members of the public must be open to inspection by agents and employees of the city during the hours when the premises are open for business. The purpose of such inspections must 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 of adult panoram premises are necessary to ensure compliance with this chapter. (Ord. 1648-0805 § 2 (part), 2005)

5.06.170 Standards of conduct and operation of adult panoram premises and personnel.

A. All employees of an adult panoram premises must adhere to the following standards of conduct:

1. An employee shall not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisance Statute, or any provision regulating offenses against public morals.

2. An employee shall not knowingly permit actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of Chapter 7.48A RCW, the Washington Moral Nuisance Statute, or any provision regulating offenses against public morals by any other employee or member of the public.

B. At an adult panoram premises the following are required:

1. Admission must be restricted to persons of the age of eighteen years or older. An owner, operator, manager or other person in charge of the adult panoram premises shall not permit or allow any person under the age of eighteen years to be in or upon the premises whether an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. An employee shall be stationed at each entrance and shall require proof of age prior to allowing any member of the public admittance upon such premises.

2. A member of the public shall not be permitted at any time to enter into any of the nonpublic portions of the adult panoram premises that include but are not limited to rooms provided for the benefit of employees, or storage areas. However, a person delivering goods, merchandise, or materials, or performing maintenance or repairs to the premises or equipment on the premises, may be permitted into nonpublic areas to the extent required to perform the person’s job duties.

3. Restrooms shall not contain video reproduction equipment and/or panoram devices.

4. All ventilation devices or openings between panoram stations or booths must be covered by a permanently affixed louver or screen. No portion of a ventilation opening cover may be located more than one foot below the top of the station or booth walls or one foot from the bottom of station or booth walls. There may not be any other holes or openings between the stations or booths.

5. No panoram booth or station may be occupied by more than one person.

6. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult retail premises containing adult panorams a sign stating substantially the following:

OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON.

THERE SHALL BE NO CRIMINAL ACTIVITY IN THE STATIONS, BOOTHS, OR ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT.

VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.

Each sign must be conspicuously posted in English and Spanish, not screened, and in full view of the patron in each booth. The letters and numerals must be on a contrasting background and be no smaller than one inch in height.

7. Doors to areas of the adult panoram premises which are available for use by persons other than the owner, manager, operator, or their agents or employees shall not be locked during business hours. There shall be no doors, curtains or other coverings on individual panoram booth entrances.

8. No person shall operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the sexually oriented business establishment that police officers or city code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises.

C. The responsibilities of the manager of an adult panoram premises shall include:

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

2. The manager licensed under this chapter shall at all times maintain visual observation from a manager’s station of all patrons. All adult panoram stations or booths must open to the public room so that the doorway areas of the booths are fully and completely visible by direct line of sight to the manager located at the manager’s station which shall be located at the main entranceway to the public room containing the panoram stations or booths. No curtain, door, wall, merchandise, display rack, or other enclosure, material, or application may obscure in any way the manager’s view of any portion of the patron’s activities in the adult panoram premises.

3. The manager shall be responsible for and shall ensure that the actions of members of the public and all employees shall comply with all requirements of this chapter. (Ord. 1648-0805 § 2 (part), 2005)

5.06.175 Hours of operation.

It is unlawful for any sexually oriented business to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 1648-0805 § 2 (part), 2005)

5.06.180 Liquor regulations.

Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor, regardless of whether the liquor is provided pursuant to a liquor license or banquet permits. No liquor shall be allowed in any sexually oriented business establishment without either a valid liquor license or banquet permit issued by or under the authority of Washington State Liquor Control Board. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington State Liquor Control Board shall control. No person under the age of twenty-one is permitted in those establishments where intoxicating liquor is served or provided, other than persons permitted in liquor serving establishments under the regulations of the Liquor Control Board. (Ord. 1648-0805 § 2 (part), 2005)

5.06.190 Violation a misdemeanor.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. (Ord. 1648-0805 § 2 (part), 2005)

5.06.200 Nuisance declared.

A. Public Nuisance. Any sexually oriented business operated, conducted, or maintained in violation of this chapter or any law of the city of Shelton or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult cabaret or adult panoram premises contrary to the provisions of this chapter.

B. Moral Nuisance. Any adult cabaret or adult panoram premises operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. (Ord. 1648-0805 § 2 (part), 2005)

5.06.210 Additional enforcement.

The remedies found in this chapter are not exclusive, and, the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices that constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. (Ord. 1648-0805 § 2 (part), 2005)

5.06.220 Code violations and enforcement.

The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. (Ord. 1648-0805 § 2 (part), 2005)

5.06.230 Conflicting sections or provisions.

In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter and those set forth elsewhere in the city code, the sections and provisions of this chapter govern and supersede those set forth elsewhere. (Ord. 1648-0805 § 2 (part), 2005)

5.06.240 Chapter not intended towards any particular group or class.

A. It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

B. Nothing contained in this chapter is intended or shall be construed to create or form the basis for any liability on the part of the city or its officers, employees, or agents for any injury or damage:

1. Resulting from the failure of any owner, operator, manager, or other person in the sexually oriented business premises to comply with the provisions of this chapter;

2. By reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter; or

3. By reason of any action or inaction on the part of the city related in any manner to the implementation or enforcement of this chapter by its officers, employees, or agents. (Ord. 1648-0805 § 2 (part), 2005)

5.06.250 Existing sexually oriented businesses.

Existing sexually oriented businesses shall have ninety days after the effective date of this chapter to be brought into conformance with the requirements of this chapter with the exception of business location and proximity of sexually oriented business types as provided in Section 5.06.030. (Ord. 1648-0805 § 2 (part), 2005)