Chapter 5.14
LICENSING AND OPERATION OF ADULT ENTERTAINMENT FACILITIES

Sections:

Part A. Generally

5.14.010    Purpose.

5.14.020    Scope.

5.14.030    Definitions.

5.14.040    Penalties.

5.14.050    Nuisance.

5.14.060    Activities not prohibited.

Part B. Licensing Requirements

5.14.070    License required.

5.14.080    Application for adult entertainment business license.

5.14.090    Application for manager’s or entertainer’s license.

5.14.100    Initial investigation.

5.14.110    Issuance and denial of licenses.

5.14.120    Renewal of licenses.

5.14.130    Nontransferability of licenses.

5.14.140    Suspension and revocation of licenses.

5.14.150    Appeal of denial, suspension, or revocation of license.

5.14.160    Inspections.

5.14.170    Recordkeeping requirements and monthly reports.

5.14.180    License requirement for existing adult entertainment facilities.

Part C. Operational Requirements

5.14.190    Regulations applicable to all adult entertainment facilities.

5.14.200    Regulations specifically applicable to adult cabarets.

5.14.210    Regulations specifically applicable to adult arcades.

Part A. Generally

5.14.010 Purpose.

It is the intended purpose of this chapter to recognize the importance and benefits of freedom of expression to a democratic society. Experience has shown, however, that adult entertainment facilities, as defined herein, are detrimental to the public health, safety and welfare. Adult entertainment facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activity. These activities often lead to the development of public nuisances, including moral nuisances. Therefore, the licensing and operation of adult entertainment facilities should be regulated and monitored through the system of licensing and operating regulations contained in this chapter. (Ord. 1698 § 3, 1997).

5.14.020 Scope.

This chapter governs the licensing and operation of all adult entertainment facilities within the city. The location and siting of adult entertainment facilities is governed by the zoning regulations contained in BMC Title 12. All adult entertainment facilities shall satisfy the requirements of both this chapter and BMC Title 12. (Ord. 1698 § 3, 1997).

5.14.030 Definitions.

For the purposes of this chapter, certain terms and words are defined as follows:

A.    “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, DVDs, 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.

B.    “Adult cabaret” means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.

C.    “Adult entertainment” means:

1.    Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or

2.    Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

D.    “Adult entertainment business license” means a license issued by the city clerk under this chapter to the owner or operator of an adult entertainment facility.

E.    “Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail establishment, or other adult entertainment facility.

F.    “Adult motel” means a hotel, motel, or similar commercial establishment which:

1.    Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, 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, and that has a sign visible from a public right-of-way that advertises the availability of this type of sexually-oriented materials; or

2.    Offers a sleeping room for rent for a period of time that is less than 10 hours; or

3.    Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

G.    “Adult motion picture theater” means a commercial establishment or drive-in theater, where, for any form of consideration, motion pictures, films, video cassettes, DVDs, 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.

H.    “Adult retail establishment” means a commercial establishment such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 25 percent of the establishment’s stock-in-trade, for sale or rent, for any form of consideration:

1.    Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, DVDs, video games, computer games or software, 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

2.    Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

I.    “Applicant” means a person or persons applying for a license under this chapter.

J.    “City” means the city of Bothell, Washington.

K.    “Employee” means any person, including a manager, assistant manager and entertainer, who works in or renders any services directly related to the operation of any adult entertainment facility, whether or not such person is paid compensation by the owner or operator of the adult entertainment facility. “Employee” includes independent contractors.

L.    “Entertainer” means any person who provides live adult entertainment in an adult entertainment facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the adult entertainment facility, and whether or not a fee is charged or accepted for such entertainment.

M.    “Entertainer’s license” means a license issued by the city clerk under this chapter to an entertainer in an adult entertainment facility.

N.    “Licensee” means a person or persons in whose name a license to operate an adult entertainment facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, assistant manager or entertainer, a person in whose name a license has been issued authorizing employment or entertainment in an adult entertainment facility.

O.    “Manager” means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within an adult entertainment facility, including assistant managers working with or under the direction of a manager to carry out such purposes.

P.    “Manager’s license” means a license issued by the city clerk under this chapter to a manager or assistant manager of an adult entertainment facility.

Q.    “Nude” means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering.

R.    “Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually-oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represents more than 25 percent of the businesses’ stock-in-trade; provided, however, that a public library and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered an adult entertainment facility unless the access is provided for the primary purpose of displaying or presenting materials or visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.

S.    “Owner or operator” means any person who owns, operates, or has a significant interest in an adult entertainment facility.

T.    “Person” means an individual, association, corporation, estate, firm, joint venture, partnership, proprietorship, trust, or other legal entity.

U.    “Semi-nude” means a state of dress in which the clothing completely and opaquely covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

V.    “Sexually-oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, DVDs, video games, computer games or software, 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 “sexually-oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.

W.    “Significant interest” means principal responsibility for management or operation of an adult entertainment facility.

X.    “Specified anatomical areas” means and includes any of the following:

1.    The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

2.    Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.

Y.    “Specified criminal offense” means a criminal violation of this chapter or similar ordinance from another city or county or an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which:

1.    Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or

2.    Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or

3.    Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24-month period.

Z.    “Specified sexual activities” means and includes any of the following:

1.    Acts of human masturbation, actual or simulated;

2.    Sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation, or sodomy;

3.    Caressing, fondling, or other erotic touching of human genitals, pubic region, anus, buttocks, or female breasts;

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

5.    Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition. (Ord. 1979 § 2, 2007; Ord. 1698 § 3, 1997).

5.14.040 Penalties.

A.    Criminal Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to a criminal penalty pursuant to RCW 9A.20.021(3), and as hereafter amended.

B.    Civil Penalty. In addition to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be subject to a civil penalty pursuant to Chapter 11.20 BMC.

C.    Separate Offense. Each day during any portion of which a violation of any provision of this chapter is committed or is permitted is a separate offense. (Ord. 1698 § 3, 1997).

5.14.050 Nuisance.

A.    Public Nuisance. Any adult entertainment facility operated, conducted, or maintained in violation of this chapter or any law of the city of Bothell shall be deemed a public nuisance, and all remedies given by law for the prevention and abatement of public nuisances shall apply regardless of any other remedy.

B.    Moral Nuisance. Any adult entertainment facility operated, conducted, or maintained contrary to the provisions of Chapter 7.48A RCW shall be deemed a moral nuisance, and all remedies given by law for the prevention and abatement of moral nuisances shall apply regardless of any other remedy. (Ord. 1698 § 3, 1997).

5.14.060 Activities not prohibited.

A.    This chapter shall not be construed to restrict or prohibit the following activities or products: (a) plays, operas, musicals or other dramatic works that are not obscene; (b) classes, seminars, or lectures conducted for a serious scientific or educational purpose that are not obscene; and (c) exhibitions, performances, expressions or dances that are not obscene.

B.    These exemptions shall not apply to the specified sexual activities defined in BMC 5.14.030(Z), or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).

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

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

2.    Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and

3.    Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 1698 § 3, 1997).

Part B. Licensing Requirements

5.14.070 License required.

A.    It is unlawful for a person to own, operate, or act as the agent for one who owns or operates an adult entertainment facility within the city of Bothell unless that person has obtained an adult entertainment business license issued by the city clerk under this chapter.

B.    It is unlawful for a person to manage or act as the agent for one who manages an adult entertainment facility within the city of Bothell unless that person has obtained a manager’s license issued by the city clerk under this chapter.

C.    It is unlawful for an entertainer to appear nude or semi-nude in an adult entertainment facility within the city of Bothell unless that entertainer has obtained an entertainer’s license issued by the city clerk under this chapter.

D.    It is unlawful for a person who owns or operates an adult entertainment facility within the city of Bothell to employ a person to work as a manager or assistant manager at the adult entertainment facility who is not licensed as a manager under this chapter.

E.    It is unlawful for a person who owns or operates an adult entertainment facility within the city of Bothell to employ a person to work as an entertainer at the adult entertainment facility who is not licensed as an entertainer under this chapter. (Ord. 1698 § 3, 1997).

5.14.080 Application for adult entertainment business license.

A.     No person shall operate an adult entertainment facility within the city of Bothell without an adult entertainment business license issued by the city clerk.

B.     If a person wishes to own or operate an adult entertainment facility as an individual, then that person shall sign the adult entertainment business license application as the applicant. If a person wishes to own or operate an adult entertainment facility as other than an individual, each individual who has a significant interest in the proposed adult entertainment facility shall provide all the information required by this section and sign the adult entertainment business license application as an applicant. If the proposed adult entertainment facility is to be owned or operated by a partnership, then each partner shall provide all the information required by this section and sign the application as an applicant. If the proposed adult entertainment facility is to be owned or operated by a corporation, including a limited liability organization, then each officer, director, and principal stockholder shall provide all the information required by this section and sign the application as an applicant. For the purposes of this chapter, a “principal stockholder” shall mean those persons who own 20 percent or greater interest in the proposed adult entertainment facility. Each applicant shall be separately qualified under this chapter.

C.    Each application shall be on a form provided and adopted by the city clerk. A completed application shall be submitted to the city clerk and shall contain or be accompanied by all of the following information and documents:

1.    The date of the application.

2.    The applicant shall state his or her legal name, previous names, aliases, date of birth, and submit proof that he or she is at least 18 years of age.

3.    If the applicant is a partner in a partnership, the applicant shall state the complete name of the partnership, state whether the partnership is general or limited, and state the legal names of all partners.

4.    If the applicant is an officer, director, or principal stockholder of a corporation, including a limited liability organization, the applicant shall state the complete name of the corporation, state the date of its incorporation, state the name of the registered corporate agent, state the address of the registered office for service of process, provide evidence that the corporation is in good standing under the laws of the state of Washington, and state the legal names and legal capacity of all officers, directors, and principal stockholders of the corporation.

5.    A description of the principal activities and services to be offered by the proposed adult entertainment facility, including a summary of the types of adult entertainment and sexually-oriented materials to be offered for sale or rent by the proposed adult entertainment facility.

6.    A description of the principal activities and services to be rendered by the applicant with respect to the proposed adult entertainment facility.

7.    A statement whether the applicant has been convicted of a criminal offense within five years immediately preceding the date of the application, and if so, the nature of the crime, the disposition, the date, place, state, and jurisdiction of each criminal offense.

8.    A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.

9.    A statement whether the applicant has had a previous license issued under this chapter, or under a similar ordinance from another city or county in any state, denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

10.    A statement whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation, including a limited liability organization, that has had a previous license under this chapter, or under a similar ordinance from another city or county in any state, denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

11.    The proposed location of the adult entertainment facility, including a legal description of the property, street address, and telephone numbers, if any.

12.    The present mailing and residential address of the applicant.

13.    Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.

14.    A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city of Bothell police department.

15.    A sketch or diagram showing the configuration of the premises, including a statement of total floor space to be occupied by the adult entertainment facility. The sketch or diagram shall be drawn to a designated scale to an accuracy of plus or minus six inches.

16.    Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application.

D.    Each applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.

E.    If any person or entity acquires, subsequent to the issuance of an adult entertainment business license, a significant interest in the licensed adult entertainment facility, 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 submit a complete application to the city clerk pursuant to this section within 45 calendar days of acquiring such interest.

F.    Each original adult entertainment business license application shall be accompanied by a non-refundable application fee in an amount set forth by resolution of the city council. (Ord. 1979 § 3, 2007; Ord. 1698 § 3, 1997).

5.14.090 Application for manager’s or entertainer’s license.

A.    No person shall work or perform as a manager or entertainer at an adult entertainment facility without a manager’s or entertainer’s license issued by the city clerk.

B.    Each application shall be on a form provided and adopted by the city clerk. A completed application shall be submitted to the city clerk and shall contain or be accompanied by all of the following information and documents:

1.    The date of the application.

2.    The applicant shall state his or her legal name, previous names, aliases, date of birth, and submit proof that he or she is at least 18 years of age.

3.    The height, weight, hair and eye color of the applicant.

4.    The present mailing and residential address of the applicant.

5.    The name and address of the adult entertainment facility at which the applicant will work or perform.

6.    A description of the principal activities or services to be rendered by the applicant at the adult entertainment facility.

7.    Two two-inch by two-inch color photographs of the applicant, taken within six months of the date of the application, showing the full face of the applicant. The photographs shall be provided at the expense of the applicant.

8.    A complete set of fingerprints of the applicant, taken by a designated city official, on a form adopted and approved by the city of Bothell police department.

9.    A statement whether the applicant has been convicted of a specified criminal offense, and if so, the date, place, and jurisdiction of each specified criminal offense.

10.    A statement whether the applicant holds any license issued under this chapter or under a similar ordinance from another city or county, and if so, the operating names and locations of the other licensed businesses.

11.    A statement whether the applicant has had a previous license issued under this chapter denied, suspended, or revoked, and if so, the name and location of the adult entertainment facility for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation.

12.    Authorization for the city, its agents, and employees to seek information to confirm any statements or other information set forth in the application.

C.    The applicant shall verify under penalty of perjury that the information contained in the application is true to the best of his or her knowledge.

D.    Each manager’s and entertainer’s license application shall be accompanied by a nonrefundable application fee in an amount set forth by resolution of the city council. (Ord. 1698 § 3, 1997).

5.14.100 Initial investigation.

A.    Upon the filing of an original or renewal application for an adult entertainment business license, the city clerk shall stamp the application as received and shall send photocopies of the application to the departments or agencies responsible for the enforcement of public safety, health, fire, and building codes and laws. Each interested department or agency shall conduct an investigation of the application and the proposed adult entertainment facility within 20 calendar days of receipt of the application by the city clerk, unless circumstances support extending the investigation. If the investigation is extended, the city clerk shall inform the applicant of the extension and the reasons therefor. The extension shall not exceed 10 additional calendar days from the original expiration of the 20-day time period stated above. At the conclusion of its investigation, each interested department or agency shall recommend approval or disapproval of the application by so indicating on the photocopy of the application. After indicating its approval or disapproval, each interested department or agency shall immediately return the photocopy of the application to the city clerk. In the event the proposed adult entertainment facility is in a state of construction at the time of the inspection, then each interested department or agency shall make a preliminary determination of approval or disapproval based on the drawings submitted in the application. Any adult entertainment business license approved prior to final construction of the adult entertainment facility shall contain a condition that the adult entertainment business license shall be suspended or revoked in the event future inspections reveal the adult entertainment facility is not in compliance with applicable laws or regulations.

B.    In the event an interested department or agency recommends disapproval, the department or agency recommending disapproval shall state the basis for the disapproval in writing. A department or agency shall recommend disapproval of an application if it finds that the proposed adult entertainment facility will violate any provision of any statute, code, ordinance, regulation, or other law in effect in the city. (Ord. 1698 § 3, 1997).

5.14.110 Issuance and denial of licenses.

A.    Issuance of Adult Entertainment Business License.

1.    The city clerk shall grant or deny an original or renewal application for an adult entertainment business license within 30 calendar days from the date a complete application is filed unless a 10-day extension is granted as provided in BMC 5.14.100(A) in which case the city clerk shall grant or deny an application for an adult entertainment business license within 40 calendar days from the date a complete application is filed.

2.    The city clerk shall issue an original adult entertainment business license unless one or more of the criteria set forth in subsection (C)(1) of this section is present. The city clerk shall issue a renewal adult entertainment business license unless one or more of the criteria set forth in subsection (C)(1) or (C)(2) of this section is present. In the event the city clerk denies the application, the city clerk shall do so in writing, and shall state the specific reasons therefor, including applicable law.

3.    An adult entertainment business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the name and address of the adult entertainment facility. An adult entertainment business license shall be posted in a conspicuous place, at or near the entrance to the adult entertainment facility.

4.    An adult entertainment business license shall be valid for one year from the date of issuance.

B.    Issuance of Manager’s or Entertainer’s License.

1.    The city clerk shall grant or deny an original or renewal application for a manager’s or entertainer’s license within 15 calendar days from the date of its proper filing.

2.    An applicant for a manager’s or entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license shall automatically expire on the fifteenth day following the filing of the complete application and fee, unless the city clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the city clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the city clerk extend the application review time for more than an additional 20 days.

3.    The city clerk shall issue an original manager’s or entertainer’s license unless one or more of the criteria set forth in subsection (C)(1) of this section is present. The city clerk shall issue a renewal manager’s or entertainer’s license unless one or more of the criteria set forth in subsection (C)(1) or (C)(2) of this section is present. In the event the city clerk denies the application, the city clerk shall do so in writing, and shall state the specific reasons therefor, including applicable law.

4.    A manager’s or entertainer’s license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the name and address of the adult entertainment facility at which the manager or entertainer will work or perform. Each manager and entertainer shall ensure that his or her license is posted in a conspicuous place, at or near the entrance to the adult entertainment facility, at all times the manager or entertainer is working or performing in the adult entertainment facility.

5.    A manager’s or entertainer’s license shall be valid for one year from the date of issuance.

C.    Denial of License Application.

1.    The city clerk shall deny an original or renewal license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true:

a.    The premises to be used for the proposed adult entertainment facility are not in compliance with applicable laws and ordinances.

b.    An applicant is under 18 years of age.

c.    An applicant has failed to provide information required by this section or has falsely answered a question or request for information on the application form.

d.    An applicant has failed to comply with any provision or requirement of this chapter.

e.    An application fee required by this chapter has not been paid.

f.    An applicant has been convicted of any specified criminal offense within the time periods provided in BMC 5.14.030(Y).

2.    Denial of an original or renewal license application is subject to appeal as set forth in BMC 5.14.150. (Ord. 1979 § 4, 2007; Ord. 1698 § 3, 1997).

5.14.120 Renewal of licenses.

A.    A licensee may apply for renewal of an adult entertainment business license issued under this chapter. An application for renewal shall contain the information and documents required in BMC 5.14.080 and shall be accompanied by a nonrefundable application fee in an amount set forth by resolution of the city council.

B.    A licensee may apply for renewal of a manager’s or entertainer’s license issued under this chapter. An application for renewal shall contain the information and documents required in BMC 5.14.090 and shall be accompanied by a nonrefundable application fee in an amount set forth by resolution of the city council.

C.    Application for renewal of an adult entertainment business license shall be made within 40 calendar days before the expiration date of the currently valid license.

D.    Application for renewal of a manager’s or entertainer’s license shall be made within 15 calendar days before the expiration date of the currently valid license.

E.    A renewal license shall be issued or denied according to the requirements of BMC 5.14.110.

F.    In the event the city clerk denies an application for a renewal license, the applicant may not be issued a license for one year from the date of denial. If, after denial, the city clerk finds that the basis for the denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of denial.

G.    Denial of a renewal license is subject to appeal as set forth in BMC 5.14.150. (Ord. 1698 § 3, 1997).

5.14.130 Nontransferability of licenses.

A.    Adult Entertainment Business License. The holder of an adult entertainment business license issued pursuant to this chapter shall not assign or transfer the license to another person, except that a transfer may be made to the surviving spouse of a deceased licensee if the transferor and transferee were maintaining a marital community and the license was issued in the name of one or both of them.

B.    Manager’s or Entertainer’s License. The holder of a manager’s or entertainer’s license issued pursuant to this chapter shall not assign or transfer the license to another person. (Ord. 1698 § 3, 1997).

5.14.140 Suspension and revocation of licenses.

A.    The city clerk may, subject to this chapter, suspend or revoke any license issued pursuant to this chapter. In the event a license is suspended or revoked, all rights of the licensee under this chapter are then suspended or terminated, as the case may be.

B.    Upon receipt of notice of the suspension or revocation of an adult entertainment business license or manager’s license or entertainer’s license, the licensee shall without delay deliver such license to the city clerk. In the case of a suspension, the city clerk shall return the license to the licensee at the expiration of the suspension period.

C.    Suspension of License. The city clerk shall suspend a license for a period not to exceed 30 calendar days if the city clerk determines that:

1.    A licensee has refused to allow an inspection of the adult entertainment facility as required by BMC 5.14.160; or

2.    A licensee has not submitted a timely monthly report as required by BMC 5.14.170(B); or

3.    A licensee has violated any applicable requirement of this chapter.

D.    Revocation of License.

1.    The city clerk shall revoke a license if the city clerk determines that:

a.    A licensee has given false information in the material submitted during the application process; or

b.    A licensee has knowingly operated an adult entertainment facility during a period of time when the adult entertainment business license of the adult entertainment facility was suspended; or

c.    A licensee has knowingly acted as a manager of an adult entertainment facility during a period of time when the licensee’s manager’s license was suspended; or

d.    A licensee has knowingly acted as an entertainer at an adult entertainment facility during a period of time when the licensee’s entertainer’s license was suspended; or

e.    A cause of suspension in BMC 5.14.140(C) occurs and the license has been suspended within the preceding 12 months.

2.    In the event the city clerk revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult entertainment business license, manager’s license, or entertainer’s license for one year from the date the revocation becomes effective. If, after revocation, the city clerk finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 calendar days have elapsed since the date of revocation became effective. (Ord. 1698 § 3, 1997).

5.14.150 Appeal of denial, suspension, or revocation of license.

A.    In the event the city clerk denies an original or renewal application for a license under this chapter, suspends a license issued under this chapter, or revokes a license issued under this chapter, the city clerk shall notify the applicant or licensee in writing of the decision at least 10 calendar days prior to the effective date of any such denial, suspension, or revocation. The notice shall describe the grounds for such denial, suspension or revocation and shall inform the applicant or licensee of his or her right to appeal to the city hearing examiner within 10 calendar days of the date of the written decision by filing a written notice of appeal with the city clerk containing a statement of the specific reasons for the appeal and a statement of the relief requested. The notice shall be served either in person or by mailing a copy of the notice by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address.

B.    If a licensee timely appeals a decision of the city clerk, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the city hearing examiner, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety.

C.    Within 10 calendar days of receiving a timely appeal, the city clerk shall forward the administrative record of the licensing decision to the city hearing examiner.

D.    In the event an applicant or licensee timely appeals the denial, suspension, or revocation of a license issued under this chapter, the city hearing examiner shall hold a hearing on the appeal within 20 calendar days from receipt of the appeal. Written notice of the date, time, and place of the scheduled hearing shall be given to the applicant by the city clerk at least five calendar days prior to the hearing.

E.    The city hearing examiner shall uphold the decision of the city clerk unless it finds the decision is not supported by substantial evidence in the administrative record.

F.    The city hearing examiner shall issue a written decision within 10 calendar days of hearing the appeal. The decision shall be served either in person or by mailing a copy of the decision by certified mail, postage prepaid, return receipt requested, to the applicant or licensee at his or her last known address. The decision of the city hearing examiner shall constitute the final administrative decision of the city and may be appealed to superior court within 10 calendar days. The applicant or licensee shall be responsible for the costs of preparing the administrative record for judicial review. If a licensee timely appeals a decision of the city hearing examiner, then the licensee may continue to engage in the activity for which the license was issued pending the decision of the court, unless the license was suspended or revoked based on a threat of immediate serious injury to public health or safety. (Ord. 1698 § 3, 1997).

5.14.160 Inspections.

An applicant or licensee shall permit representatives of the police department, health department, and other state and local government agencies to inspect the premises of the adult entertainment facility, at any time the adult entertainment facility is open for business, for the purpose of insuring compliance with all applicable statutes, codes, ordinances, regulations, and laws. (Ord. 1698 § 3, 1997).

5.14.170 Recordkeeping requirements and monthly reports.

A.    Each adult entertainment facility licensed under this chapter shall maintain and retain for a period of two years from the date of termination of employment, the names, addresses, and ages of all persons employed or otherwise retained as managers and entertainers.

B.    Each adult entertainment facility licensed under this chapter shall file a monthly report with the city clerk including the names, addresses, and ages of all persons employed or otherwise retained as managers and entertainers. (Ord. 1698 § 3, 1997).

5.14.180 License requirement for existing adult entertainment facilities.

The owner or operator of an adult entertainment facility that locates within the city in accordance with the Bothell Municipal Code prior to the effective date of the ordinance codified in this chapter shall submit a complete adult entertainment business license application pursuant to BMC 5.14.080 to the city clerk within 45 calendar days of the effective date of the ordinance codified in this chapter. The adult entertainment business license application shall be issued or denied in accordance with the requirements of this chapter. The adult entertainment facility shall be permitted to continue to engage in the activities specified in the adult entertainment business license application pursuant to BMC 5.14.080(C)(6) pending the decision of the city clerk. (Ord. 1698 § 3, 1997).

Part C. Operational Requirements

5.14.190 Regulations applicable to all adult entertainment facilities.

All adult entertainment facilities shall comply with the following regulations:

A.    Manager on Premises. A licensed manager shall be on duty at an adult entertainment facility at all times the adult entertainment facility is open for business. The manager shall be stationed at a location within the adult entertainment facility where he or she shall have an unobstructed view of all public portions of the adult entertainment facility.

B.    Hours of Operation. It is unlawful for an adult entertainment facility, except adult motels, to be conducted, operated, or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.

C.    Admission to Minors Prohibited. Admission shall be restricted to persons of the age of 18 years or more. The age of all patrons shall be verified at the time of entry by an employee of the adult entertainment facility.

D.    Warning Devices. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning the employees, managers, entertainers, or patrons of an adult entertainment facility that police officers or other government agents are approaching or have entered the adult entertainment facility.

E.    Rental or Sale of Obscene Material Prohibited. The rental or sale of obscene material, as defined in BMC 5.14.060(C), shall be deemed a moral nuisance and shall be subject to abatement pursuant to this chapter and Chapter 7.48 RCW. (Ord. 1698 § 3, 1997).

5.14.200 Regulations specifically applicable to adult cabarets.

A.    General. An adult cabaret shall satisfy the zoning requirements contained in BMC Title 12, the general requirements in Part A of this chapter, the licensing requirements in Part B of this chapter, the general operational requirements in BMC 5.14.190, and the specific operational requirements applicable to adult cabarets contained in this section.

B.    Separation of Nude Entertainers from Patrons. No entertainer shall appear nude except on a stage or platform at least 24 inches in elevation above the level of the patron seating areas. The stage shall be separated by a distance of at least 10 feet from all areas of the premises to which patrons have access. A continuous fixed-barrier railing, of sufficient construction to prevent encroachment by patrons onto the stage, at least three feet in height and located at least 10 feet from all points of the stage, shall separate the stage from all patron areas.

C.    Visibility. All adult entertainment must be provided in a single common room and shall be fully visible from the front entrance of the premises.

D.    Separation of Semi-Nude Entertainers from Patrons. No semi-nude entertainer shall conduct any dance, performance, or exhibition in or about the adult cabaret unless that dance, performance, or exhibition is performed at a torso-to-torso distance of no less than 10 feet from the patron for whom the dance, performance, or exhibition is intended.

E.    Managers. The licensed manager on duty shall not be an entertainer. There shall be one manager on duty for every stage operating on the premises. No manager shall knowingly permit an employee or entertainer to violate any provision of this section.

F.    Tips. No tip or gratuity offered to or accepted by an adult entertainer shall be offered or accepted prior to any performance, dance or exhibition provided by the entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. Any tip or gratuity offered to any entertainer performing upon any stage area shall be placed into a receptacle provided for the receipt of gratuities or shall be given to the manager on duty on the premises. Any tip or gratuity offered to an adult entertainer conducting any performance, dance, or exhibition in or about the non-stage area of the adult cabaret shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer.

G.    Maintenance. All public areas shall be maintained in a clean and sanitary condition.

H.    Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the adult cabaret, including the patron seating areas, so that all objects are plainly visible at all times.

I.    Visibility from Outside the Adult Cabaret. No activity or entertainment occurring at or in an adult cabaret shall be visible at any time from outside the adult cabaret.

J.    Prohibited Activities.

1.    No employee or entertainer shall perform or simulate any sexual activities specified in BMC 5.14.030(Z) or RCW 7.48A.010(2)(b).

2.    When not performing, entertainers are prohibited from being present in areas of the adult cabaret that are open to the public. This prohibition shall only apply during the business hours of the adult cabaret.

K.    Signs. At least two signs shall be conspicuously and permanently posted on the premises, printed in English and readable from 10 feet away by a person with 20/20 vision, stating the following:

THIS ADULT CABARET IS REGULATED BY THE CITY OF BOTHELL. ENTERTAINERS ARE NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONTACT AND ARE NOT PERMITTED TO APPEAR NUDE EXCEPT ON STAGE. SEMI-NUDE DANCERS ARE NOT ALLOWED TO DANCE WITHIN TEN FEET OF ANY CUSTOMER.

(Ord. 1979 § 5, 2007; Ord. 1698 § 3, 1997).

5.14.210 Regulations specifically applicable to adult arcades.

A.    General. An adult arcade shall satisfy the zoning requirements contained in BMC Title 12, the general requirements in Part A of this chapter, the licensing requirements in Part B of this chapter, the general operational requirements in BMC 5.14.190, and the specific operational requirements applicable to adult arcades contained in this section.

B.    Physical Layout.

1.    Each viewing booth shall be visible from a manager’s station and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing booth” means the area where a patron or customer would be positioned while watching a film, video or other photographic reproduction.

2.    No steps or risers shall be allowed in any viewing booth.

3.    No viewing booth shall have more than one stool or seat. In order to prevent obscuring the occupant of a viewing booth from view, no stool for seating within a viewing booth shall have any seat back or sides.

4.    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.

C.    Maintenance. All viewing booths shall be maintained in a clean and sanitary condition.

D.    Lighting. A minimum lighting level of 30 lux semi-cylindrical measured at 30 inches from the floor or 10-foot centers shall be provided and equally distributed in and about the public portions of the adult arcade, including the viewing booths, so that all objects are plainly visible at all times.

E.    Limit on Number of Persons Within a Viewing Booth. No licensee or employee shall knowingly permit more than one person to occupy a viewing booth at any given time.

F.    Prohibited Activities. No licensee, manager, or employee shall knowingly permit a patron to perform any sexual activity specified in BMC 5.14.030(Z) or RCW 7.48A.010(2)(b) within a viewing booth.

G.    Signs. At least two signs shall be conspicuously and permanently posted on the premises, printed in English and readable from 10 feet away by a person with 20/20 vision, stating the following:

THIS ADULT ARCADE IS REGULATED BY THE CITY OF BOTHELL. IT IS UNLAWFUL TO PERFORM SEXUAL ACTS WITHIN A VIEWING BOOTH. IT IS UNLAWFUL FOR MORE THAN ONE PERSON TO OCCUPY A VIEWING BOOTH AT ANY GIVEN TIME. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION.

(Ord. 1698 § 3, 1997).