Chapter 6.16
CABARETS
Sections:
6.16.030 Persons prohibited from obtaining license.
6.16.040 Application – Investigation.
6.16.080 License term – Assignment.
6.16.090 License revocation – Hearing.
6.16.100 Exclusiveness of chapter.
6.16.110 State regulations applicable.
6.16.120 Penalty for violations.
6.16.010 Definitions.
“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.
“Music and entertainment,” as used herein, shall not apply to radios or mechanical devices.
“Liquor” means all beverages defined in RCW 66.04.010.
“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. 731 § 1, 1967).
6.16.020 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 provided in this chapter. (Ord. 731 § 2, 1967).
6.16.030 Persons prohibited from obtaining license.
No license shall be issued to:
(1) A natural person who has not attained the age of 21 years, or who is not of good moral character;
(2) A natural person who has been convicted of a felony within five years prior to filing his application;
(3) 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;
(4) A copartnership, unless all the members thereof shall be qualified to obtain a license as provided in this chapter;
(5) A corporation, unless all of the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent thereof. (Ord. 731 § 3, 1967).
6.16.040 Application – Investigation.
Any person desiring such a license shall file written application with the city council on forms provided by the city clerk for that purpose. The city council, upon presentation of such application and before acting upon the same, shall refer such application to the police department for a full investigation as to the truth of the statements contained therein, and as to any or all other matters which might tend to aid the city council in determining whether or not such application should be granted. After the police department shall have reported back to the council the result of such investigation, if the council is satisfied that the statements contained in such application are true, the council shall direct the city clerk to issue the license applied for; provided, however, that if the council is not satisfied that the application should be granted, then the council shall, upon at least 10 days’ notice to the applicant, hold a hearing upon such application, at which time the applicant shall be given an opportunity to prove by competent evidence that the applicant and all persons having an interest in the proposed cabaret are of good moral character, and that none of them have ever been convicted of any of the offenses mentioned in BMC 6.16.030. If after such hearing the council finds from a preponderance of the evidence that the foregoing facts have been established, it shall direct the city clerk to issue the license applied for. If after such hearing the council finds that the foregoing facts have not been established by the evidence, the application shall be denied. The action of the city council upon such hearing shall be final. (Ord. 06-15 § 11, 2015; Ord. 731 § 4, 1967).
6.16.050 Music license.
Any person desiring to have music in a cabaret without dancing shall first procure a cabaret music license at a cost of $25.00 per year. (Ord. 731 § 5, 1967).
6.16.060 Dance license.
Any person desiring to have music in a cabaret with dancing or dancing by radio or mechanical device shall first procure a cabaret dance license at a cost of $25.00 per year. (Ord. 731 § 6, 1967).
6.16.070 Dance period.
Dancing shall be allowed herein only during authorized open hours under county and/or Washington laws. (Ord. 731 § 7, 1967).
6.16.080 License term – Assignment.
There shall be no prorating of the aforementioned fees, and such licenses shall expire on the thirty-first day of December 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 said year. Said licenses shall not be assignable. (Ord. 731 § 8, 1967).
6.16.090 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 where the same 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; or the conviction of the person holding such license of any crime or offense involving moral turpitude or the conviction of any of his servants, agents, or employees of any crime or offense involving moral turpitude committed on the premises in which his 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. 731 § 9, 1967).
6.16.100 Exclusiveness of chapter.
This chapter shall be exclusive as to matters herein set forth. (Ord. 731 § 10, 1967).
6.16.110 State regulations applicable.
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. (Ord. 731 § 11, 1967).
6.16.120 Penalty for violations.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in BMC 1.04.010. (Ord. 731 § 12, 1967).