Chapter 5.10
ADULT ENTERTAINMENT ESTABLISHMENTS
Sections:
5.10.030 License prohibited to certain classes.
5.10.050 Adult entertainment establishment manager and entertainer licenses.
5.10.080 Standards of conduct, personnel, and operation of adult entertainment establishments.
5.10.090 Premises – Specifications.
5.10.100 License fees, term, expiration, assignment, and renewals.
5.10.110 Suspension or revocation of licenses.
5.10.150 Compliance by existing adult entertainment establishments.
5.10.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
“Adult arcade device,” sometimes also known as “panoram,” “preview,” “picture arcade,” “adult arcade,” or “peep show,” means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activities or sexual conduct. All such devices are denominated under this chapter by the term “adult arcade device.” The term “adult arcade device” as used in this chapter does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment.
“Adult arcade establishment” means a commercial premises, or portion of any premises, to which a member of the public is invited or admitted and where adult arcade stations or adult arcade devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activities or sexual conduct to a member of the public on a regular basis or as a substantial part of the premises activity.
“Adult arcade station” means any enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device. “Adult arcade station” refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, or digital display of specified sexual activities or sexual conduct is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending to the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device, and not open to any person other than employees.
“Adult entertainment establishment” collectively refers to adult arcade establishments and live adult entertainment establishments, as defined herein.
“Applicant” means the individual or entity seeking an adult entertainment establishment license.
“Applicant control person” means all partners, corporate officers and directors and other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment establishment.
“Employee” means a person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment.
“Entertainer” means any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment.
“Hearing examiner” means the individual designated by the city council who has the powers and duties as set forth in SVMC 18.20.030 or his/her designee.
“Licensing administrator” means the city manager and his/her designee(s) and is the person designated to administer this chapter. In the event of any appeal to the hearing examiner under this chapter, the licensing administrator shall prepare and/or ensure the submittal of the department reports required under SVMC 17.90.060(A) and Appendix B, Section C.
“Liquor” means all beverages defined in RCW 64.04.010.
“Live adult entertainment” means:
1. An exhibition, performance or dance conducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. Adult entertainment shall include but is not limited to performances commonly known as “strip tease”;
2. An exhibition, performance or dance conducted in a commercial premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, or simulation of or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality;
c. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or
3. An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed directly or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
“Live adult entertainment establishment” means a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not involve adult arcade stations or devices, to a member of the public on a regular basis or as a substantial part of the premises activity.
“Manager” means a person who manages, directs, administers or is in charge of the affairs or conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult entertainment establishment.
“Member of the public” means a customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment.
“Nude” or “seminude” means a state of complete or partial undress in such costume, attire or clothing so 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 human male genitals in a discernibly turgid state, even if completely and opaquely covered.
The words “open to the public room so that the area inside is fully and completely visible to the manager” mean that there may be no door, curtain, partition, or other device extending from the top and/or any side of the door frame of an arcade station, so that all portions of every arcade station and all of the activity and all occupants inside every arcade station are fully and completely visible at all times by direct line of sight to persons in the adjacent public room, including the manager.
“Operator” means a person operating, conducting or maintaining an adult entertainment establishment.
“Person” means an individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
“Premises” means the land, structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment.
“Sexual conduct” means acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
2. A penetration of the vagina or anus, however slight, by an object; or
3. A contact between persons involving the sex organs of one person and the mouth or anus of another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another.
“Specified sexual activities” refers to the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
“Transfer of ownership or control” of an adult entertainment establishment means any of the following:
1. The sale, lease or sublease of the business;
2. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means;
3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or
4. Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 17-004 § 3, 2017; Ord. 12-004 § 1, 2012; Ord. 10-006 § 3, 2010).
5.10.020 License required.
A. A person may not conduct, manage or operate an adult entertainment establishment unless the person is the holder of a valid license obtained from the City.
B. An entertainer, employee, or manager may not knowingly work in or about, or knowingly perform a service or entertainment directly related to the operation of, an unlicensed adult entertainment establishment.
C. An entertainer may not perform in an adult entertainment establishment unless the person is the holder of a valid license obtained from the City.
D. A manager may not work in an adult entertainment establishment unless the person is a holder of a valid license obtained from the City. (Ord. 10-006 § 4, 2010).
5.10.030 License prohibited to certain classes.
No license shall be issued to:
A. A natural person who has not attained the age of 21 years, except that a license may be issued to a person who has attained the age of 18 years with respect to adult entertainment establishments where no intoxicating liquors are served or provided;
B. A person whose place of business is conducted by a manager or agent, unless the manager or agent has obtained a manager’s license;
C. A partnership, unless all the members of the partnership are qualified to obtain a license. The license shall be issued to the manager or agent of the partnership;
D. A corporation, unless all the officers and directors of the corporation are qualified to obtain a license. The license shall be issued to the manager or agent of the corporation. (Ord. 10-006 § 5, 2010).
5.10.040 Applications.
A. Adult Entertainment Establishment License.
1. An application for an adult entertainment establishment license must be submitted to the licensing administrator in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and must be signed by the person and certified as true under the penalty of perjury. An application must be submitted on a form supplied by the licensing administrator, which must require the following information:
a. For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver’s license number, if any, Social Security number, if any, and business, mailing, and residential addresses, and business telephone number;
b. If a partnership, whether general or limited; and if a corporation, date and place of incorporation; evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the registered agent for service of process;
c. Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter, or a license for similar adult entertainment or sexually oriented business from another city, 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 adult entertainment or other sexually oriented business, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment 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 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 City of Spokane Valley, and its agents and employees to seek information to confirm any statements set forth in the application;
h. The location and doing-business-as name of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property;
i. Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face;
j. A complete set of fingerprints for the applicant and each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency;
k. A scale drawing or diagram showing the configuration of the premises for the proposed 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, adult arcade stations and adult arcade devices, overhead lighting fixtures, walls and doorways, and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment must include building plans that demonstrate conformance with all applicable building code requirements.
Upon request, a prelicensing conference will be scheduled with the licensing administrator, or his/her designee, and pertinent government departments to assist the applicant in meeting the regulations and provisions of this chapter, as well as the other City code provisions. No alteration of the configuration of the interior of the adult entertainment establishment or enlargement of the floor space occupied by the premises may be made after obtaining a license, without the prior approval of the licensing administrator or his/her designee. Approval for such enlargement may only be granted if the premises and proposed enlargement first meet the qualifications and requirements of this chapter, all other City code provisions, and all other applicable statutes or laws.
2. An application will be deemed complete upon the applicant’s submission of all information requested in subsection (A)(1) of this section, including the identification of “none” where that is the correct response. The licensing administrator may request other information or clarification in addition to that provided in a complete application if necessary to determine compliance with this chapter.
3. A nonrefundable license fee must be paid at the time of filing an application in order to defray the costs of processing the application.
4. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
5. If, subsequent to the issuance of an adult entertainment establishment license for a business, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of such acquisition shall be provided in writing to the licensing administrator, no later than 21 calendar days following the acquisition. The notice required must include the information required for the original adult entertainment establishment license application.
6. The adult entertainment establishment license, if granted, must state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult entertainment establishment. The license must be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read when the business is open.
7. A person granted an adult entertainment establishment license under this chapter may not operate the adult entertainment establishment under a name not specified on the license, nor may a person operate an adult entertainment establishment or any adult arcade device under a designation or at a location not specified on the license.
8. Upon receipt of the complete application and fee, the licensing administrator shall provide copies to the police, fire and planning departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 15 days of the date of such application, inspect the application and premises and shall make a written report to the licensing administrator whether such application and premises comply with the laws administered by each department. A license may not be issued unless each department reports that the applicant and premises comply with the relevant laws.
If the premises are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. An adult entertainment establishment license approved before the premises construction is undertaken must contain a condition that the premises may not open for business until the premises have been inspected and determined to be in conformance with the drawings submitted with the application. The police, fire, and planning departments shall recommend denial of a license under this subsection if any of them find that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other applicable law. The department shall cite in a recommendation for denial the specific reason for the recommendation, including applicable laws.
9. No adult entertainment establishment license may be issued to operate an adult entertainment establishment in a location which does not meet the requirements set forth in Chapter 19.80 SVMC unless otherwise exempt.
10. The exterior design and/or signs of the adult entertainment establishment must meet the requirements set forth in Chapter 22.110 SVMC.
11. The licensing administrator shall issue and mail to the applicant an adult entertainment establishment license within 30 calendar days of the date of filing a complete license application and fee, unless the licensing administrator determines that the applicant has failed to meet any of the requirements of this chapter, or failed to provide any information required under this section, or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The licensing administrator shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant.
12. If the licensing administrator finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the licensing administrator shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the licensing administrator fails to issue or deny the license within 30 calendar days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notification by the licensing administrator that the license has been denied, but in no event may the licensing administrator extend the applicant review time for more than an additional 20 days.
B. Adult Arcade Device License. In addition to the provisions set forth in subsection A of this section, the following conditions apply to adult arcade establishments:
1. It is unlawful to exhibit or display to the public any adult arcade device, or to operate any adult arcade station within any adult arcade establishment without first obtaining a license for each such device for a specified location or premises from the City, to be designated an “adult arcade device license.”
2. The adult arcade device license shall be securely attached to each such device, or the arcade station, in a conspicuous place. (Ord. 11-010 § 2 (Exh. A), 2011; Ord. 10-006 § 6, 2010).
5.10.050 Adult entertainment establishment manager and entertainer licenses.
A. A person may not work as a manager, assistant manager or entertainer at an adult entertainment establishment without a manager’s or an entertainer’s license from the licensing administrator. An applicant for a manager’s or entertainer’s license must complete an application on forms provided by the licensing administrator containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The licensing administrator shall provide a copy of the application to the police department for its review, investigation and recommendation. An application for a manager’s 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, home address, home telephone number, date and place of birth, fingerprints taken by the police department (or such other entity as authorized by the police department or licensing administrator), Social Security number, and any stage names or nicknames used in entertaining;
2. The name and address of each 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 any state bearing the applicant’s photograph and date of birth;
b. A state-issued identification card bearing the applicant’s photograph and date of birth;
c. An official passport issued by the United States of America;
d. An immigration card issued by the United States of America; or
e. Any other identification that the licensing administrator determines to be acceptable and reliable;
4. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the jurisdiction or any other city, county or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions;
5. A description of the applicant’s principal activities or services to be rendered at the adult entertainment establishment;
6. Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application showing only the full face;
7. Authorization for the City, its agents and employees to investigate and confirm any statements in the application.
B. Every entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by the City, its agents, and employees, at any time during business hours of the adult entertainment establishment.
C. The licensing administrator may request additional information or clarification when necessary to determine compliance with this chapter.
D. The contents of an application for an entertainer’s license and any additional information submitted by an applicant for an entertainer’s license are confidential and will remain confidential to the extent authorized by Chapter 42.56 RCW and other applicable law. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes.
E. The licensing administrator shall issue and mail to the applicant an adult entertainment establishment manager’s or entertainer’s license within 14 calendar days from the date the complete application and fee are received unless the licensing administrator determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the licensing administrator determines that the applicant does not qualify for the license applied for, the licensing administrator shall deny the application in writing and shall cite the specific reasons therefor, including applicable law.
F. An applicant for an adult entertainment establishment manager’s or entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Such temporary license shall automatically expire on the fourteenth calendar day following the filing of the complete license application and fee unless the licensing administrator has failed to approve or deny the license application, in which case the temporary license shall be valid until the licensing administrator approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the licensing administrator extend the application review time for more than an additional 20 calendar days. (Ord. 10-006 § 7, 2010).
5.10.080 Standards of conduct, personnel, and operation of adult entertainment establishments.
A. All employees of an adult entertainment establishment must adhere to the following standards of conduct while in any area in which a member of the public is allowed to be present:
1. An employee may not be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public.
2. An employee mingling with a member of 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, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering that simulates the same.
3. An employee mingling with a member of the public may not wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the pubic region, or buttocks.
4. An employee 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.
5. An employee may 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.
6. An employee mingling with a member of the public may not conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public.
7. A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before any performance, dance or exhibition provided by the entertainer. An entertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the management of the adult entertainment establishment or provided through a manager on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or about the nonstage area of the live adult entertainment establishment must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer.
B. This chapter does not prohibit:
1. Plays, operas, musicals, or other dramatic works that are not obscene;
2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not obscene.
The exemptions in this subsection B do not apply to sexual conduct defined in this chapter or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii). Whether or not activity is obscene shall be judged by consideration of the standards set forth in RCW 7.48A.010(2).
C. At an adult entertainment establishment the following are required:
1. Admission must be restricted to persons of the age of 18 years or older. An owner, operator, manager or other person in charge of the adult entertainment establishment may not knowingly permit or allow any person under the age of 18 years to be in or upon the premises whether as an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This section is not intended to be used in a prosecution of a minor on or within an adult entertainment establishment.
2. Neither the performance of any live adult entertainment, nor any display of specified sexual activities or sexual conduct, nor any photograph, drawing, sketch or other pictorial or graphic representation of any such performance, activities and/or conduct may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment establishment.
3. A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the adult entertainment establishment, which includes but is not limited to: the dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. However, a person 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 the person’s job duties.
4. Restrooms may not contain video reproduction equipment and/or adult arcade devices and each restroom may not be occupied by more than one person at any time.
5. All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located more than one foot below the top of the adult arcade station walls or one foot from the bottom of adult arcade station walls. There may not be any other holes or openings between the adult arcade stations.
6. No adult arcade station may be occupied by more than one person at any time. Any chair or other seating surface within an adult arcade station shall not provide a seating surface of greater than 18 inches in either length or width. Only one such chair or other seating surface shall be placed in any adult arcade station. No person may stand or kneel on any such chair or other seating surface.
7. There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade establishments a sign stating substantially the following:
OCCUPANCY OF ANY STATION (VIEWING ROOM) IS AT ALL TIMES LIMITED TO ONE PERSON.
THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, OR ANYWHERE ELSE ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF LEWDNESS, INDECENT EXPOSURE, PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT, AS DEFINED HEREIN.
VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.
Each sign must be conspicuously posted and not screened from the patron’s view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height.
8. When doors are permitted in areas of the adult entertainment establishment that are available for use by persons other than the owner, manager, operator, or their agents or employees, those doors may not be locked during business hours.
9. No person may engage in any conduct, or 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 adult entertainment establishment, that police officers or county health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises.
10. No person in an adult entertainment establishment may masturbate, or expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, penis, vulva or genitals.
D. The responsibilities of the manager of an adult entertainment establishment shall include:
1. A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present on the premises. The full 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 adult 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 licensed under this chapter shall maintain visual observation from a manager’s station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult entertainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is unable to visually observe, at all times, each entertainer, each employee and each member of the public, a 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 entertainment establishment. All adult arcade stations must open to the public room so that the area inside is fully and completely visible to the manager. 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 activity or occupants of the adult entertainment establishment.
4. The manager shall be responsible for and shall ensure that the actions of members of the public, the adult entertainers, and all other employees shall comply with all requirements of this chapter. (Ord. 10-006 § 8, 2010).
5.10.090 Premises – Specifications.
A. Live Adult Entertainment Establishment Premises. The performance area of the live adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the performance area must be installed on the floor of the premises to separate the performance area and the public seating areas. The stage and the entire interior portion of all rooms or other enclosures wherein the live adult entertainment is provided must be visible from the common areas of the premises and from at least one manager’s station. Visibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other obstructions.
B. Adult Arcade Entertainment Establishment Premises. All adult arcade stations must open to the public room so that the area inside is fully and completely visible by direct line of sight to the manager. All adult arcade stations shall be maintained in a clean and sanitary condition at all times. All floors, walls and ceilings shall consist only of hard, cleanable surfaces. All adult arcade stations shall be thoroughly cleaned with a diluted bleach solution whenever necessary for the removal of any potentially infectious materials (including, without limitation, semen, blood and vaginal secretions), but at least once daily. A record of such cleaning, listing the date and time, shall be posted in each adult arcade station. Any such potentially infectious materials, together with any cleaning rags, cloths or other implements, and any condoms, needles, or other items that may contain such potentially infectious materials, shall be placed in a properly labeled medical waste bag and disposed of pursuant to applicable laws or regulations.
C. Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the entertainment establishment so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, is required for all areas of the adult entertainment establishment where members of the public are permitted.
D. Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment establishment stating the following:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE LAWS OF THE CITY OF SPOKANE VALLEY. 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.
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 OR IN ANY ARCADE STATION OR BOOTH.
E. Recordkeeping Requirements. All papers, records and documents required to be kept pursuant to this chapter must be open to inspection by the licensing administrator during the hours when the licensed premises are open for business, upon two days’ written notice to the licensee. An adult entertainment establishment 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. The purpose of the inspection shall be to determine whether the papers, records and documents meet the requirements of this chapter.
F. Inspections. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable City ordinances and the laws of the United States and of the state of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the International Building Code and the City’s zoning code. All premises and devices must be inspected prior to issuance of a license.
Upon request, the licensing administrator will schedule a prelicensing conference with all pertinent City departments to assist the applicant in meeting the regulations and provisions of this chapter.
In order to ensure compliance with this chapter, all areas of a licensed adult entertainment establishment that are open to members of the public must be open to inspection by agents and employees of the jurisdiction during the hours when the premises are open for business. The purpose of such inspections must be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is expressly declared that unannounced inspections of adult entertainment establishments are necessary to ensure compliance with this chapter.
G. Hours of Operation. An adult entertainment establishment may not be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 10-006 § 9, 2010).
5.10.100 License fees, term, expiration, assignment, and renewals.
A. A license issued under this chapter expires on the thirty-first day of December of each year. A license fee may not be prorated, except that if the original application is made subsequent to June 30th, then one-half of the annual fee may be accepted for the remainder of such year.
B. Application for renewal of a license issued under this chapter must be made to the licensing administrator no later than 30 calendar days before the expiration for an adult entertainment establishment license, and no later than 14 calendar days before the expiration for an adult entertainment establishment manager’s and entertainer’s license. The licensing administrator shall issue the renewal license in the same manner and on payment of the same fees as for an original application under this chapter. The licensing administrator shall assess and collect an additional fee, computed as a percentage of the license fee, on an application not made on or before such date, as follows:
|
Calendar Days Past Due |
Percent of License Fee |
|---|---|
|
7 – 30 |
25% |
|
31 – 60 |
50% |
|
61 and over |
75% |
C. The licensing administrator shall renew a license upon application unless the licensing administrator is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal; and further provided, that the application complies with all the provisions of this chapter as now enacted or as the same may hereafter be amended.
D. License fees shall be adopted by the city council through a separate resolution.
E. Adult entertainment establishments which offer both live adult entertainment and adult arcade devices or stations shall be required to pay the fees associated with both live adult entertainment establishments and adult arcade establishments.
F. Licenses issued under this chapter may not be assigned or transferred to other owners, operators, managers, entertainers, premises, devices, persons or businesses.
G. A reinspection fee equal to the amount in effect for original application for any license shall be charged if the applicant requests approval for a proposed enlargement or alteration of the interior of the adult entertainment establishment, or if the applicant requests the licensing administrator make an inspection of the premises in addition to the usual prelicensing inspection. (Ord. 10-006 § 10, 2010).
5.10.110 Suspension or revocation of licenses.
The license administrator may, upon 14 calendar days’ written notice delivered to the license holder, temporarily suspend or permanently revoke any license issued pursuant to this chapter where one or more of the following conditions exist:
A. The license application, or any report or record required to be filed with the City, includes one or more false, misleading, or fraudulent statements of material fact; or
B. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or standards of the chapter, the applicable building or zoning codes, or other applicable law; or
C. The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted, in or upon the premises of any adult entertainment establishment, any violations of this chapter or acts made unlawful under this chapter. (Ord. 10-006 § 11, 2010).
5.10.120 Appeal and hearing.
Any person aggrieved by the action of the license administrator in refusing to issue or renew any license under this chapter, or in temporarily suspending or permanently revoking any license under this chapter, shall have the right to appeal such action to the City’s hearing examiner under SVMC 17.90.040 through 17.90.060, except to the extent that such sections relate only to land use matters under this code. Notwithstanding the provisions of SVMC 17.90.060(A) and Appendix B, Section E, all testimony at any hearing affecting a license under this chapter shall be taken under oath. The filing of such appeal shall stay the action of the license administrator.
Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the decision to the Spokane County superior court by writ of certiorari filed and served upon the City within 14 calendar days after the date of the hearing examiner’s decision. The filing of such appeal shall stay the action of the hearing examiner. (Ord. 10-006 § 12, 2010).
5.10.150 Compliance by existing adult entertainment establishments.
Any adult entertainment establishment lawfully operating on the effective date of the ordinance codified in this chapter that is in violation of the specifications for the premises of adult entertainment establishments set forth in SVMC 5.10.090 must correct any configuration and bring the adult entertainment establishment into full compliance with those premises specifications not later than 90 calendar days after the effective date of the ordinance codified in this chapter. All other provisions of this chapter are operative and enforceable on the effective date. (Ord. 10-006 § 13, 2010).
5.10.160 Penalties.
A person violating this chapter is guilty of a misdemeanor. Any person violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, authorized, or permitted; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of law enforcement. All violations of this chapter are hereby determined to be detrimental to the public health, safety and general welfare and are hereby declared public nuisances. (Ord. 10-006 § 14, 2010).
5.10.170 Additional remedies.
Any license issued under this chapter shall be subject to the rules of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. If there is a conflict between this chapter and the applicable rules of the Washington State Liquor Control Board, the rules of the Washington State Liquor Control Board shall govern.
The remedies provided herein for violations of the provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not exclusive, and the City may seek any other legal or equitable relief. An adult entertainment establishment operated or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, is unlawful and a public and moral nuisance, and the City may in addition to any other remedies commence an action to enjoin, abate or remove any such nuisance. (Ord. 10-006 § 15, 2010).