Chapter 5.26
ADULT ENTERTAINMENT
ENTERPRISE LICENSES
Sections:
5.26.020 License applications – When and where to apply.
5.26.030 License applications – Contents.
5.26.040 License applications – Fees.
5.26.050 License applications – Signatures and affirmations.
5.26.060 Adult establishment license approval criteria.
5.26.070 License – Term and renewal – Transferability.
5.26.080 License – Validity – Posting requirements.
5.26.100 Enforcement of provisions.
5.26.120 Unlawful practices – Minors.
5.26.130 Unlawful practices – Licenses.
5.26.140 Control and inspection of premises – General requirements.
5.26.150 Adult encounter centers and motels – Control and inspection of premises.
5.26.010 License required.
No person shall engage in or conduct any business constituting an adult entertainment enterprise, as defined by WMC 18.46.230, without having a current and approved adult entertainment license issued pursuant to this chapter. (Ord. 1259 § 1, 1997)
5.26.020 License applications – When and where to apply.
Applications for a license, whether original, transfer or renewal, must be made to the city clerk by the intended operator of the adult entertainment enterprise. Applications shall be made by hand delivery to the city finance department. Applications for licenses shall be made on a form to be furnished by the city clerk. (Ord. 1259 § 1, 1997)
5.26.030 License applications – Contents.
The applicant shall provide the following information:
(1) Type of Enterprise. The applicant shall identify the type or types of adult enterprises to be operated by the prospective licensee (e.g., arcade, bookstore, lounge, encounter center, lotion or massage parlor, modeling studio, motel, movie theater, video store) and shall specify whether the enterprise will involve live, on-premises display or on-premises display.
(2) Owners and Operators. The applicant shall furnish the following information regarding owners and/or operators of the enterprise:
(a) Date of birth, street and mailing address of the intended operator, together with any and all aliases used by the intended operator;
(b) The name, date of birth, street and mailing addresses of any owner, as defined in this chapter, together with any and all aliases used by any such owner;
(c) The name under which the enterprise is to be operated and the form of business under which the enterprise will operate; and
(d) Certified copies of assumed business name certificates, articles of incorporation with current amendments, certificates of authority, certificates of limited partnerships and qualification documents shall, as applicable, be furnished with the application.
(3) Employee Information. The applicant shall furnish the names, dates of birth, street and mailing addresses of all present or intended employees.
(4) Location and Related Information. The applicant shall furnish the address and legal description of the parcel of land on which the enterprise is to be located, together with the identification of the estate which the enterprise holds in the land, and shall furnish the planned hours during which the enterprise will conduct any business.
(5) Land Use Approval. The applicant shall furnish with their license application evidence of land use approval from the community development director. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1259 § 1, 1997)
5.26.040 License applications – Fees.
The application shall be accompanied by payment in full of fees in accordance with the following schedule:
(1) If the enterprise, or a segment thereof, is to be a bookstore, video store, or the like, without on-premises display of adult material, as defined in this chapter: $350.00 for an original application, $200.00 for a transfer application, or $100.00 for a renewal application;
(2) If the enterprise, or a segment thereof, will involve the on-premises display of adult material, other than live displays: $550.00 for an original application, $350.00 for a transfer application, or $200.00 for a renewal application;
(3) If any segment of the enterprise will involve the live, on-premises display of adult material: $800.00 for an original application, $550.00 for a transfer application, or $300.00 for a renewal application;
(4) If the enterprise will involve any combination of activities under subsections (1), (2) or (3) of this section: $1,000 for an original application, $700.00 for a transfer application, or $500.00 for a renewal application. (Ord. 1259 § 1, 1997)
5.26.050 License applications – Signatures and affirmations.
No application will be accepted for filing unless signed by each owner and/or operator, as defined in this chapter, and unless accompanied by a statement under oath by the intended operator that he or she has personal knowledge of the information contained in the application, that the information furnished therein is true and correct, and that the intended operator has read the provisions of this chapter. (Ord. 1259 § 1, 1997)
5.26.060 Adult establishment license approval criteria.
The city clerk shall issue an adult entertainment license unless:
(1) The applicant failed to obtain approval for such use from the community development director pursuant to WMC 18.46.230;
(2) The applicant failed to supply all the information required on the application;
(3) The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
(4) The applicant, operator, or any owner has, within one year of the date of filing of application, had an adult entertainment license revoked under this chapter or a substantially similar ordinance or law. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1259 § 1, 1997)
5.26.070 License – Term and renewal – Transferability.
(1) Term and Renewal. Each adult entertainment license shall be valid for a period of one year and shall expire on the anniversary of the date of issuance of the license, unless sooner revoked, or surrendered. Each adult entertainment license shall be subject to renewal as of its expiration date by the filing of a permit and license renewal application with the community development director and city clerk. Renewal applications must be filed at least 20 days prior to the expiration date of the permit that is to be renewed, and shall be subject to the criteria contained in WMC 18.46.230.
(2) Transferability. An adult entertainment license is personal to the operator and owner or owners designated in the application, but may be transferred pursuant to this section. A transfer application must be filed within 20 days prior to any change in owners or operators designated in the application. A transfer application shall be made by hand delivery to the city clerk during regular business hours. Applications for transfers shall be made on a form or forms to be furnished by the finance department.
(a) The form of application for transfer shall include a statement under oath that the original application remains correct as previously submitted in all respects except those that are amended by an application. The transfer application shall contain a statement under oath that the individual signing the transfer application has personal knowledge of the information contained therein, that the information is true and correct, and that the person signing the application has read this chapter.
(b) No transfer application shall be accepted for filing unless accompanied by payment of one-half the fee prescribed in WMC 5.26.040.
(c) Transfer approval shall be valid for the remaining term of the original license.
(d) In the event that a transfer application is not timely filed, then the license shall be invalid for any purpose relating to the operation of the adult entertainment enterprise and any transfer shall thereafter be treated as an original application. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1259 § 1, 1997)
5.26.080 License – Validity – Posting requirements.
Any adult entertainment license furnished pursuant to this chapter shall be valid only at the location for which it is issued. Each such license must be prominently posted at or near the entrance of the adult entertainment enterprise at a location where the same is clearly visible to customers and law enforcement personnel. Any such license shall be posted in a manner to prevent damage or alteration. (Ord. 1259 § 1, 1997)
5.26.090 License revocation.
(1) The community development director shall initiate revocation of any adult entertainment license issued pursuant to this chapter for any one or more of the following reasons:
(a) The owner or operator of the adult entertainment enterprise has knowingly allowed a person under 18 years of age to enter the premises;
(b) The adult entertainment enterprise no longer conforms to the requirements of WMC 18.46.230 or 18.60.080;
(c) Two or more separate violations of the provisions of WMC 5.26.130, 5.26.140 or 5.26.150 have occurred within a consecutive 12-month period; provided, that convictions shall not be deemed separate if they arise from a single inspection;
(d) The operator of the adult entertainment enterprise knowingly gave materially false, fraudulent or untruthful information on the original application, transfer application or renewal application;
(e) The adult entertainment enterprise has been closed for business for a period of 30 consecutive days unless such closure is due to a casualty beyond the control of the owner and the owner is proceeding with due diligence to reopen the establishment;
(f) The adult entertainment enterprise has undergone a change of ownership or operator for which a transfer application was required, but not timely filed pursuant to this chapter;
(g) The operator or any owner of the adult entertainment enterprise is convicted, or knowingly retains the services of an employee who has been convicted, without regard to appellate review, of any offense set forth in WMC 18.46.230(6)(a).
(2) Prior to the revocation of any adult entertainment license, the city police chief shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, the community development director shall notify the operator or owner in writing of the reasons for the proposed revocation and shall grant such operator or owner the opportunity to appear before the city council at a time and place specified within such notice. Such hearing shall be in conformity with Chapter 18.94 WMC. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1259 § 1, 1997)
5.26.100 Enforcement of provisions.
(1) Applicability of Zoning Code. To the extent not inconsistent with the provisions of this chapter, the provisions of the zoning code of the city shall be applicable hereto.
(2) Additional Powers of Community Development Director and City Clerk. In addition to the duties set forth in this chapter, the community development director and/or city clerk shall have such powers as are necessary to determine the noncompliance of any business, whether or not duly licensed, with any provision of this chapter.
(3) Decisions of the Community Development Director. Any determination by the community development director authorized by this chapter shall constitute an administrative decision, subject to the provisions of Chapter 18.94 WMC.
(4) Authority of City Attorney. The city attorney shall have the duty to seek judicial enforcement of the provisions of this chapter and to seek restraint of any unauthorized uses by any business, whether or not licensed, which is subject to the terms hereof. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1259 § 1, 1997)
5.26.110 Appeals.
(1) Any person who is aggrieved by the approval, denial or revocation of an original, transfer or renewal of an adult entertainment license shall have the right to appeal from such approval, denial or revocation. Any appeal shall be in writing accompanied by a fee of $100.00, shall be filed and processed in accordance with the provisions of Chapter 18.94 WMC.
(2) In the case of denial of an adult entertainment license, any appeals shall be processed as a Type II land use action in accordance with Chapter 18.94 WMC. In the case of a revocation of a license, such revocation shall not be effective until the completion of administrative or trial court review upon timely notice of appeal. (Ord. 1259 § 1, 1997)
5.26.120 Unlawful practices – Minors.
(1) It is unlawful for any commercial establishment to knowingly display to, or to knowingly permit or allow any inspection, observation or handling of, adult material to or by any person under the age of 18 years.
(2) It is unlawful for any adult entertainment enterprise to knowingly permit or allow any person under the age of 18 years to enter or remain upon its premises.
(3) It is unlawful for any adult entertainment enterprise to employ any person under the age of 18 years. (Ord. 1259 § 1, 1997)
5.26.130 Unlawful practices – Licenses.
(1) No person or commercial establishment shall:
(a) Engage in or conduct any business as an adult entertainment enterprise without first acquiring an adult entertainment license in accordance with this chapter;
(b) Forge, alter or counterfeit, or possess a forged, altered, counterfeit or expired adult entertainment license as defined by this chapter.
(2) No adult entertainment enterprise shall:
(a) Engage in or conduct any business except as classified in or where authorized by a current and valid adult entertainment license;
(b) Fail to comply with or maintain compliance with any express terms or conditions of an adult entertainment license issued pursuant to this chapter or with any of the interior or exterior requirements set forth in this chapter;
(c) Fail to report a change in operators or owners or to conduct any business after such change without filing an application for transfer as required by this chapter;
(d) Fail to post any current and valid adult entertainment license as required by this chapter;
(e) Fail to surrender any adult entertainment license within 30 days of the cessation of business, transfer, expiration, suspension or revocation thereof. (Ord. 1259 § 1, 1997)
5.26.140 Control and inspection of premises – General requirements.
It is unlawful for any adult entertainment enterprise or any employee, operator or owner thereof:
(1) To refuse to permit inspection of the premises of an adult entertainment enterprise, other than adult motels, at any time during business hours by representatives of any state, health district, or city fire, building, planning or law enforcement agencies;
(2) To fail to occupy any manager station or stations while any customer is upon the premises;
(3) To permit or allow the obstruction of view of any customer at any location on the premises, other than restrooms;
(4) To display adult materials in restrooms on the premises;
(5) To provide for, or to permit or allow, the locking of any restrooms on the premises available to customers;
(6) To knowingly fail to comply with any exterior, interior or signage requirements of this chapter;
(7) To permit or allow the live, on-premises display of adult material in any portion of the premises other than the area or areas designated and approved for such display by the permit of occupancy;
(8) To permit or allow customers to enter or occupy the area designated and approved as “setback” in the permit of occupancy;
(9) Except for adult encounter centers and adult motels, no adult entertainment enterprise nor any employee, operator or owner thereof shall provide, permit or allow any sleeping quarters nor the placement of any bed, mattress or similar object in any portion of the premises to which customers are permitted or allowed access. (Ord. 1259 § 1, 1997)
5.26.150 Adult encounter centers and motels – Control and inspection of premises.
It shall be unlawful for any adult encounter center or adult motel, or any employee operator thereof:
(1) To rent, let or sublet any portion of the premises without acquiring and maintaining current and accurate records of customer registration, including name, address and age, as verified by current photographic identification;
(2) To permit or allow the physical occupancy of any portion of the premises by an unregistered person;
(3) To knowingly permit or allow the subrenting or subletting of any portion of the premises by any registered customer to any other person;
(4) To pay to, or receive from, any person other than a customer a fee or consideration of any kind which in any way relates to the presence of the customer on the premises;
(5) To refuse to permit inspection of the unoccupied portions of the premises, observation of patrons from the manager’s station or stations, or the inspection of registration and identification materials required to be maintained by WMC 5.26.130 and 5.26.140. (Ord. 1259 § 1, 1997)