Chapter 5.08
LICENSING AND OPERATION OF ADULT ENTERTAINMENT FACILITIES
Sections:
Article I. Licensing
5.08.030 License application required.
5.08.040 Review of application – Issuance of license.
5.08.050 Application for manager’s or entertainer’s license.
5.08.070 License term and renewal.
5.08.080 Nontransferability of licenses.
Article II. Design and Operation
5.08.110 Design requirements of adult entertainment facility.
5.08.120 Regulations applicable to the operation of adult cabarets.
5.08.130 Adult cabaret manager’s responsibilities.
5.08.140 Regulations applicable to adult arcades and adult motion picture theaters.
5.08.160 Inspections and suspensions.
5.08.010 Definitions.
For the purposes of this chapter, certain terms and words are defined as follows:
(1) “Adult arcade” means a commercial establishment containing individual viewing areas or booths where, for any form of consideration including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image producing machines are used to show films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
(2) “Adult cabaret” means a nightclub, bar, restaurant, tavern, or other similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.
(3) “Adult entertainment” means any exhibition, performance or dance of any type conducted in premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the male or female pubic region, anus, buttocks, or genitals, any portion of the female breast below the top of the areola, vulva, or male genitals in the discernibly turgid state, even if completely and opaquely covered.
(4) “Adult entertainment business” is a general term that includes adult cabarets, adult arcades, adult motion picture theaters, and adult retail stores.
(5) “Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motion picture theater, or adult retail store.
(6) “Adult motion picture theater” means an enclosed commercial establishment where, for any form of consideration, motion pictures, films, video cassettes, slides, or other similar visual representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
(7) “Adult retail store” means a commercial establishment such as a bookstore, video store, or novelty shop which as its principal business purpose offers for sale or rent, for any form of consideration, any one or more of the following:
(A) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
(B) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities, or which depict any specified anatomical areas.
(C) For the purpose of this definition, the term “principal business purpose” shall mean a business purpose that constitutes 25 percent or more of the stock in trade of a particular business establishment. The stock in trade of a particular business establishment shall be its principal business purpose if either: (i) the retail dollar value of all sexually oriented materials compared to the total retail dollar value of all materials readily available for purchase, rental, view or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons, is 25 percent or more of the total; or (ii) the volume of shelf space or floor display area utilized for sexually oriented materials compared to the total volume of shelf space or floor display area utilized for nonsexually oriented materials is 25 percent or more of the total.
(8) “Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term also includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
(9) “Specified anatomical areas” means and includes any of the following:
(A) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(B) Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.
(10) “Specified sexual activities” means and includes any of the following:
(A) The caressing, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(B) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; or
(C) Masturbation, actual or simulated; or
(D) Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 1376 § 1, 2006)
5.08.020 Exceptions.
This chapter shall not be construed to prohibit:
(1) Plays, operas, musicals, and other dramatic works, exhibitions or dances which are not obscene under and as defined by RCW 7.48A.010 and 9.68.140; or
(2) Classes, seminars, and lectures held for serious scientific or educational purposes. (Ord. 1376 § 1, 2006)
Article I. Licensing
5.08.030 License application required.
In addition to the business registration required by Chapter 5.04 WMC, any person desiring to act as an on-site operator or manager of an adult entertainment business shall file with the city clerk the original and two copies of a completed and sworn license application together with the following information:
(1) Name and address of the business, and name, any aliases or previous names, driver’s license number, date of birth, and residential mailing address for each owner who will be an on-site operator or manager of the business.
(2) Satisfactory proof that each owner who will be an on-site operator or manager of the business has attained the age of 18 years.
(3) Authorization for the city, its agents, and employees to perform a criminal history investigation of the licensee.
(4) Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
If any person who will be an on-site operator or manager of the business acquires, subsequent to the issuance of an adult entertainment business license, a monetary interest in the licensed adult entertainment business, notice of such acquisition shall be provided in writing to the city clerk within 21 calendar days following such acquisition and the person acquiring the interest shall also submit a complete application to the city clerk pursuant to this section within 21 calendar days following such acquisition. (Ord. 1376 § 1, 2006)
5.08.040 Review of application – Issuance of license.
The city shall issue an adult entertainment license upon submittal of an application which provides the information required by WMC 5.08.030, and payment of the required fee. A copy of the application shall be provided to the police and other applicable departments for review and investigation. No business doing business within the city shall be issued a business license nor have a business license renewed unless such business is current in all its financial obligations to the city. (Ord. 1376 § 1, 2006)
5.08.050 Application for manager’s or entertainer’s license.
An application for a manager’s or entertainer’s license shall contain the following information:
(1) The applicant’s signature notarized or certified to be true under penalty of perjury.
(2) The applicant’s name, home addresses (current and former), home telephone number, date of birth, driver’s license number, aliases (past or present), two two-inch by two-inch photographs of only the full face, and fingerprints.
(3) Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:
(A) A valid motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth; or
(B) An identification card bearing the applicant’s photograph and date of birth issued by a federal or state government agency; or
(C) An official passport issued by the United States of America; or
(D) A certificate of birth.
(4) The business name and address where the applicant intends to dance/work.
(5) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county or state, except parking violations or minor traffic infractions.
(6) Authorization for the city, its agents and employees to perform a criminal history background investigation of the licensee.
(7) A description of the applicant’s principal activities or service to be rendered.
The license shall be issued when the applicant submits a complete application and pays the required fee.
A manager’s or entertainer’s license may be renewed by submitting a new application and following the application procedures set forth herein; provided, that a renewal application shall not be submitted prior to September 1st for the following calendar year. (Ord. 1376 § 1, 2006)
5.08.060 License fees.
A person applying for a license under this chapter shall pay the appropriate nonrefundable fee, as listed below, along with a license or license renewal application:
(1) Adult entertainment business license: $750.00.
(2) Adult entertainment business license renewal: $150.00.
(3) Manager’s license: $75.00.
(4) Entertainer’s license: $75.00. (Ord. 1376 § 1, 2006)
5.08.070 License term and renewal.
Licenses shall be issued for the calendar year. Failure to renew for a license shall be subject to the provisions of WMC 5.04.050. (Ord. 1376 § 1, 2006)
5.08.080 Nontransferability of licenses.
No license issued pursuant to this chapter shall be transferable. (Ord. 1376 § 1, 2006)
5.08.090 Appeal.
Any person aggrieved by the action of the city in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the hearing examiner or to such other hearing body as may hereafter be established by the city council for the hearing of license appeals, by filing a notice of appeal with the city clerk within 10 days of notice of the refusal to issue or renew. Such notice of appeal shall contain a concise statement of the action from which the appeal is taken, the grounds for the appeal, and the relief requested. The decision of the city shall be stayed pending the final outcome of any such appeal. The hearing examiner or other hearing body shall set a date for hearing such appeal to take place within 45 days of the date of receipt of the notice of appeal. The hearing examiner or other hearing body shall render its decision on the appeal within 15 days following the close of the appeal hearing. (Ord. 1376 § 1, 2006)
Article II. Design and Operation
5.08.100 Hours of operation.
An adult entertainment business shall be closed between the hours of 1:00 a.m. and 9:00 a.m. (Ord. 1376 § 1, 2006)
5.08.110 Design requirements of adult entertainment facility.
Plans submitted with an adult entertainment business application shall show that the premises will comply with the following standards necessary for safe operation of such a business:
(1) The manager’s station shall have a clear view of all parts of the premises; and
(2) All live performers shall be on a stage that measures at least 24 inches in elevation above the level of the customer area and at least 10 feet from all areas of the premises to which a customer has access. To separate the customer area from the stage, a continuous railing at least three feet in height must be attached to the floor and located at least 10 feet from all points of the live adult entertainment stage; and
(3) The premises shall be maintained in a clean, safe and sanitary condition at all times; and
(4) No activity or entertainment occurring within an adult entertainment facility shall be visible at any time from outside such facility; and
(5) Sufficient lighting shall be provided in and around an adult entertainment facility so that all objects are plainly visible at all times; and
(6) Entry to an adult entertainment facility shall be located such that an employee of the facility can quickly move to halt physically any attempted or accidental entry by a minor. (Ord. 1376 § 1, 2006)
5.08.120 Regulations applicable to the operation of adult cabarets.
An adult cabaret shall comply with the following regulations:
(1) Admission of persons under the age of 18 shall be prohibited in an adult entertainment facility. The age of all patrons shall be verified at the time of entry by an employee of the adult entertainment facility.
(2) A licensed manager of the adult entertainment facility shall be on duty at all times the facility is open for business. The manager shall be stationed in an area that has an unobstructed view of all public areas of the facility.
(3) A current adult entertainment facility license shall be posted in a conspicuous area of the facility.
(4) It shall be the duty of the operator to ensure that the operation of an adult entertainment facility is in compliance at all times with the standards and requirements provided in this chapter.
(5) No patron shall go into or upon the adult entertainment performance area described in WMC 5.08.110(2) while adult entertainment is being performed.
(6) No dances, performances, or exhibitions by an entertainer shall occur closer than 10 feet to any patron.
(7) No employee or entertainer shall allow, encourage, or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, pubic area, or genitals of any other person.
(8) No entertainer employed or otherwise working at an adult cabaret shall solicit or receive any gratuity, tip, or other payment directly from a patron or customer.
(9) A sign of at least two feet by two feet, with letters at least one inch high, shall be conspicuously displayed in the public area(s) of premises stating the following:
a. THIS ADULT CABARET IS REGULATED BY THE CITY OF WESTPORT.
b. ALL DANCING MUST OCCUR ON STAGE AND NOT CLOSER THAN TEN FEET TO ANY PERSON.
c. NO MONEY OR GRATUITY MAY BE ACCEPTED OR SOLICITED FROM ANY DANCER FROM A PATRON.
d. DANCERS AND EMPLOYEES ARE NOT PERMITTED TO TOUCH, CARESS, OR FONDLE ANY PATRON IN ANY MANNER.
e. PATRONS ARE NOT ALLOWED TO TOUCH, CARESS, OR FONDLE ANY DANCERS OR EMPLOYEES IN ANY MANNER.
(Ord. 1376 § 1, 2006)
5.08.130 Adult cabaret manager’s responsibilities.
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 adult 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; and
(2) Managers shall be required to verify and ensure that entertainers possess a current and valid entertainer license available for immediate inspection on the premises; and
(3) The licensed manager on duty shall not be an entertainer; and
(4) The manager licensed under this chapter shall maintain visual observation of each member of the public at all times. 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, each adult entertainer, each employee, and each member of the public, 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; and
(5) The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with the conduct set forth in WMC 5.08.120 and all other requirements of this chapter. (Ord. 1376 § 1, 2006)
5.08.140 Regulations applicable to adult arcades and adult motion picture theaters.
(1) Specifications.
(A) The licensee shall not permit any doors to public areas on the premises to be locked during business hours.
(B) Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector.
(C) At least one manager shall be on the business premises at all times the adult entertainment business is open.
(2) Additional Specifications Applicable to Adult Arcades.
(A) The interior of the show premises shall be arranged in such a manner as to ensure that patrons, including those inside viewing booths, cubicles, rooms or stalls, are fully visible from the waist down, and all persons viewing such pictures shall be visible from the entry of such premises, and shall not be obscured by any curtain, door, wall, or other enclosure. All viewing booths shall also be visible from the manager’s station either directly or by closed circuit TV.
(B) No more than one patron at a time shall be present in a booth, cubicle, room or stall where adult entertainment is provided, and no booth, cubicle, room or stall shall have more than one seat or stool, and in order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a seating area shall have any backs or sides. Further, no steps or risers shall be allowed in any viewing booth, cubicle, room or stall.
(C) The licensee shall provide and maintain sufficient lighting in and around an adult entertainment facility so that all objects are plainly visible at all times when the facility is open to the public.
(D) No viewing booth shall have any holes or openings in its walls other than ventilation holes. All ventilation holes shall be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. All ventilation holes shall be covered with a permanently affixed ventilation cover.
(E) All viewing booths shall be maintained in a clean and sanitary condition at all times.
(3) Standards of Conduct.
(A) Admission shall be restricted to persons of the age of 18 years or more and it shall be unlawful for any owner, operator, manager or employee of an adult arcade to knowingly permit or allow any person under the age of 18 years to be in or upon such premises.
(B) No patron or employee or manager shall be unclothed or in such attire, costume or clothing so as to be in a state of nudity or engage in any specified sexual activity and no owner, operator, manager or employee shall knowingly allow such conduct in or upon the premises.
(4) Additional Standards of Conduct and Specifications Applicable to Adult Motion Picture Theaters.
(A) At all times said adult motion picture theater is open and operating, there must be present at least one manager, at least one projectionist and at least one person responsible for selling tickets, none of which may be the same person. In addition, there must be employed and on duty at all hours a sufficient number of employees to monitor the theater to ensure compliance with subsection (3) of this section. (Ord. 1376 § 1, 2006)
5.08.150 Regulations applicable to bookstores, novelty stores, video stores and other businesses whether or not qualifying as adult entertainment businesses.
(1) Bookstores, novelty stores, video stores, and other businesses that sell or otherwise distribute books, magazines, films, motion pictures, video cassettes, slides, or other visual representations which are not rated or rated X and which are characterized by the depiction or description of nudity or specified sexual activities, whether or not such businesses qualify as an adult entertainment business under this chapter and whether or not less than 25 percent of their stock-in-trade or revenues comes from the rental or sale of such items shall be subject to the following regulations:
(A) All such items as are described above shall be physically segregated and closed off from other portions of the store so that these items are not visible and/or accessible from other portions of the store where nonadult entertainment material, if any, is displayed, sold or rented; and
(B) No advertising for such items shall be posted or otherwise visible, except where such items are authorized for display; and
(C) Signs readable at a distance of 20 feet shall be posted at the entrance to the business or the area where such items are displayed stating that persons under the age of 18 years are not allowed access to the area where such items are displayed; and
(D) The manager or attendant shall take responsible steps to monitor the area where such items are displayed to ensure that persons under 18 years of age do not access the age-restricted area; and
(E) Employees of such businesses shall check identification of persons appearing to be 18 years or under to ensure that such items are not rented or sold to persons under the age of 18 years.
(2) Rental or sale of obscene material (as defined by state law) or material harmful to minors (as defined by state law) to persons under 18 years of age is prohibited. (Ord. 1376 § 1, 2006)
5.08.160 Inspections and suspensions.
During business hours, law enforcement officials shall be allowed full access to an adult entertainment facility in order to assess compliance with the standards and requirements of this chapter. It shall not be necessary for a law enforcement official to obtain a search warrant to determine whether a licensee is in compliance with the provisions of this chapter. (Ord. 1376 § 1, 2006)
5.08.170 Violation – Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,500, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1376 § 1, 2006)
5.08.180 Severability.
If any portion of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 1376 § 1, 2006)