Chapter 5.16
CABARETS
Sections:
5.16.030 Licensing restrictions.
5.16.040 License – Application – Issuance.
5.16.060 License – Expiration.
5.16.070 License – Revocation – Hearing.
5.16.080 Authority of state board.
5.16.010 Definitions.
As used in this chapter:
A. “Cabaret” means any room, place, or space whatsoever in the city in which any music, singing, dancing, or other similar entertainment is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly or indirectly selling, serving, or providing the public, with or without charge, food or liquor. The words “music and entertainment” as used in this chapter shall not apply to radios or mechanical devices.
B. “Liquor” means all beverages defined in RCW 66.04.200.
C. “Person” means one or more natural persons of either sex, firms, copartnerships and corporations; whether acting by themselves or by servant, agent or employee. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.010)
5.16.020 License – Required.
It is unlawful for any person to conduct, manage or operate a cabaret unless such person is the holder of a valid and subsisting license from the city so to do, obtained in the manner herein provided. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.020)
5.16.030 Licensing restrictions.
No license shall be issued to:
A. A person who is not a citizen of the United States, except when in contravention of treaty;
B. A person who has not resided in the state for at least one month prior to making application;
C. A person who has been convicted of a felony within five years prior to filing application;
D. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;
E. A copartnership, unless all the members thereof shall be qualified to obtain a license as provided in this chapter;
F. A person who has been convicted of a violation of any federal or state law or city ordinance concerning the manufacture, possession, or sale of liquor subsequent to the passage of the Washington State Liquor Act, or has forfeited his bond to appear in court to answer charges of any such violation;
G. A person who has been convicted of a violation of any federal or state law or city ordinance concerning the manufacture, possession or sale of narcotics;
H. A corporation, unless all of the officers, directors and stockholders thereof shall be qualified to obtain a license as provided herein. Such license shall be issued to the manager or other directing head thereof. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.030)
5.16.040 License – Application – Issuance.
Application for such license shall be made to the clerk-treasurer, together with a receipt from the city for the amount of the license in full. Upon receipt of such application the facts relative thereto shall be transmitted to the chief of police, who shall immediately investigate such premises. The chief of police shall report to the city council the result of his investigation relative to the character of the proposed licensed premises and the conduct of patrons thereof. After due consideration of such information, if the city council deems that the issuance of license to such premises is for the best interest of the community, they shall so advise the clerk-treasurer, who shall thereupon issue such license. If, however, it is determined by the city council from such investigation by the chief of police that the issue of such license would be opposed to the best interest of the community, they shall so advise the clerk-treasurer who shall thereupon deny such license. The action of the city council shall be final. (Ord. 961 § 1 (part), 1973. Prior code § 4.36.040)
5.16.050 License – Fee.
Any person desiring to operate a cabaret shall first procure a cabaret license at a cost of $150.00 per year. (Ord. 961 § 2, 1973. Prior code § 4.36.050)
5.16.060 License – Expiration.
There shall be no prorating of the fee mentioned in SMC 5.16.050, and such license shall expire on December 31st of each year; except that in the event that the original application is made subsequent to June 30th, then one-half of the annual license fee may be accepted for the remainder of the year. The license shall not be assignable. (Ord. 961 § 3, 1973. Prior code § 4.36.060)
5.16.070 License – Revocation – Hearing.
The city council reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time which at any time was procured by fraud or false representation of fact; or for the violation of any of, or failure to comply with, the provisions of this chapter by the person holding such license or any of his servants, agents or employees of any crime or offense involving moral turpitude committed on the premises in which the cabaret is conducted; or in the event that it is determined that the further operation of said cabaret would be detrimental to the public peace, health or welfare of the city. Before revoking any such license the city council shall, upon at least 10 days’ notice to the licensee, hold a hearing concerning such revocation, at which time the licensee shall be entitled to be heard and introduce the testimony of witnesses. The action of the city council after such hearing, relative to such revocation shall be final. (Ord. 961 § 4, 1973. Prior code § 4.36.070)
5.16.080 Authority of state board.
Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor, and any violation of the rules and regulations shall be grounds for revocation of the license. (Ord. 961 § 5, 1973. Prior code § 4.36.080)
5.16.090 Nudity or exposure.
It is unlawful for any person to allow within a cabaret any person who is nude or seminude, or any person who is making any open or indecent or obscene exposure of himself or herself. (Ord. 961 § 6, 1973. Prior code § 4.36.090)
5.16.100 Violation – Penalty.
Any person, firm or corporation who violates any of the provisions of this chapter or fails to comply with any of the requirements thereof is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1367 § 1, 1986: Ord. 1075 § 17, 1978: Ord. 961 § 7, 1973. Prior code § 4.36.100)