Chapter 5.14 ADULT ENTERTAINMENT INDUSTRY LICENSING AND REGULATION

Chapter 5.14
ADULT ENTERTAINMENT INDUSTRY LICENSING AND REGULATION

Sections:

5.14.010 Definitions.

5.14.020 Prima facie evidence of erotic dance studio.

5.14.030 Studio license – Application to town clerk.

5.14.040 Studio license – Information required.

5.14.050 Studio license – Fee.

5.14.060 Studio license – Transmittal of application.

5.14.070 Studio license – Issuance.

5.14.080 Studio license – Expiration.

5.14.090 Studio license – Renewal.

5.14.100 Dancer’s license – Required.

5.14.110 Manager’s license – Required.

5.14.120 Dancer’s/manager’s license – Application to town clerk.

5.14.130 Dancer’s/manager’s license – Information required.

5.14.140 Dancer’s/manager’s license – Fee.

5.14.150 Dancer’s/manager’s license – Issuance.

5.14.160 Dancer’s/manager’s license – Expiration.

5.14.170 Dancer’s/manager’s license – Renewal.

5.14.180 Manager on premises.

5.14.190 Operation restrictions – Unlawful acts designated.

5.14.200 Public display prohibited.

5.14.210 Inspection of records and premises authorized.

5.14.220 Standards for denial of license.

5.14.230 Standards for revocation – Suspension of license.

5.14.240 Appeal and hearing.

5.14.250 Violation – Penalty.

5.14.260 Severability.

5.14.010 Definitions.

In this chapter, the following definitions shall apply unless the context clearly requires otherwise:

(1) "Town clerk" means the clerk-treasurer of the town of Cathlamet and/or his/her employee or agent.

(2) "Dancer" means a person who dances or otherwise performs for or at an erotic dance studio and seeks to arouse or excite the patrons’ sexual desires.

(3) "Employee" means any and all persons, including dancers, lessees and independent contractors, who work in or at or render any services to the operation of an erotic dance studio.

(4) "Erotic dance studio" means a fixed place of business which emphasizes and seeks, through one or more dancers, to arouse or excite the patrons’ sexual desires.

(5) "Manager" means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity at an erotic dance studio.

(6) "Sheriff" means the Wahkiakum County sheriff and his/her agents.

(7) "Verified" means:

(a) Attested to by the applicant or licensee in writing; and

(b) Notarized. (Ord. 414 § 2, 2000)

5.14.020 Prima facie evidence of erotic dance studio.

It shall be prima facie evidence that a business is an erotic dance studio when one or more dancers display or expose with less than a full opaque covering that portion of the female breast lower than the upper edge of the areola and/or any portion of the human genitals. (Ord. 414 § 2, 2000)

5.14.030 Studio license – Application to town clerk.

Application for erotic dance studio license shall be made to the town clerk. (Ord. 414 § 2, 2000)

5.14.040 Studio license – Information required.

An application for erotic dance studio license shall be verified and shall contain or set forth the following information:

(1) The name, address, telephone number, principal occupation, and age of the applicant;

(2) The name, address, and principal occupation of the managing agent or agents of the business;

(3) The business name, business address, and business telephone number of the establishment or proposed establishment together with a description of the nature of the business and magnitude thereof;

(4) Whether the business or proposed business is the undertaking of a sole proprietorship, partnership, or corporation:

(a) If a sole proprietorship, the application shall set forth the name, address, telephone number, and principal occupation of the sole proprietor;

(b) If a partnership, the application shall set forth the names, addresses, telephone numbers, principal occupations, and respective ownership shares of each partner, whether general, limited, or silent;

(c) If a corporation, the application shall set forth the corporate name, a copy of the articles of incorporation, and the names, addresses, telephone numbers, and principal occupations of every officer, director, and shareholder (having more than five percent of the outstanding shares) and the number of shares held by each;

(5) The names, addresses, telephone numbers, and principal occupations of every person, partnership, or corporation having any interest in the real or personal property utilized or to be utilized by the business or proposed business. (Ord. 414 § 2, 2000)

5.14.050 Studio license – Fee.

Applications shall be accompanied by a non-refundable fee of $500.00. (Ord. 414 § 2, 2000)

5.14.060 Studio license – Transmittal of application.

Within seven days of receipt of an application for an erotic dance studio license, the clerk shall transmit copies of such application to the sheriff for review and recommendation, and to the town’s building inspector and public works director for review and report as to the applicant’s compliance with all applicable fire, building, and zoning requirements of the town of Cathlamet. (Ord. 414 § 2, 2000)

5.14.070 Studio license – Issuance.

The clerk shall issue an erotic dance studio license within 30 days of receipt of both a properly completed application and application fee, and upon finding that the business complies with all applicable fire, building and zoning codes. (Ord. 414 § 2, 2000)

5.14.080 Studio license – Expiration.

An erotic dance studio license shall expire on December 31st of the year in which it is issued. (Ord. 414 § 2, 2000)

5.14.090 Studio license – Renewal.

An erotic dance studio license may be renewed or reinstated after a period of revocation by following the application procedures set forth in CMC 5.14.030 through 5.14.080. (Ord. 414 § 2, 2000)

5.14.100 Dancer’s license – Required.

No person, whether employee or nonemployee shall dance at an erotic dance studio without a valid dancer’s license issued by the clerk. (Ord. 414 § 2, 2000)

5.14.110 Manager’s license – Required.

No person shall work as a manager at an erotic dance studio without having first obtained a manager’s license from the clerk. (Ord. 414 § 2, 2000)

5.14.120 Dancer’s/manager’s license – Application to town clerk.

Application for dancer’s/manager’s license shall be made to the town clerk. (Ord. 414 § 2, 2000)

5.14.130 Dancer’s/manager’s license – Information required.

Application for dancer’s/manager’s license shall contain or set forth 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, and aliases (past or present), photograph, fingerprints, and social security number.

(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;

(b) An identification card bearing the applicant’s photograph and date of birth issued by a federal or state government agency;

(d) A certificate of birth.

(4) The business name and address where the applicant intends to dance/work. (Ord. 414 § 2, 2000)

5.14.140 Dancer’s/manager’s license – Fee.

Applications shall be accompanied by a non-refundable fee of $50.00. If a license is lost, one duplicate license may be issued by the clerk for a fee of $25.00. (Ord. 414 § 2, 2000)

5.14.150 Dancer’s/manager’s license – Issuance.

The clerk shall issue the license promptly upon receipt of both a properly completed application form and the license fee. (Ord. 414 § 2, 2000)

5.14.160 Dancer’s/manager’s license – Expiration.

A dancer’s/manager’s license shall expire one year after the date of issuance. (Ord. 414 § 2, 2000)

5.14.170 Dancer’s/manager’s license – Renewal.

A dancer’s/manager’s license may be renewed or reinstated after a period of revocation by following the application procedures set forth in CMC 5.14.120 through 5.14.150. (Ord. 414 § 2, 2000)

5.14.180 Manager on premises.

(1) A licensed manager shall be present on the premises of an erotic dance studio at all times when open for business.

(2) It shall be the responsibility of the manager to verify that any dancer within the premises possesses a current and valid dancer’s license.

(3) The manager shall, upon request by any law enforcement officer or business license inspector, make available for inspection the dancers’ licenses required to be on the premises as described herein. (Ord. 414 § 2, 2000)

5.14.190 Operation restrictions – Unlawful acts designated.

Violation of any of the following subsections shall be a separate and distinct offense.

(1) No person, firm, partnership, corporation, or other entity shall advertise, or cause to be advertised, an erotic dance studio without a valid erotic dance studio license issued pursuant to this chapter.

(2) No later than March 1st of each year, an erotic dance studio licensee shall file a verified report with the clerk showing the licensee’s gross receipts and amounts paid to dancers for the preceding calendar year.

(3) An erotic dance studio licensee shall maintain and retain for a period of two years the names, addresses, and ages of all persons employed as dancers by the licensee.

(4) No erotic dance studio licensee shall employ as a dancer a person under the age of 18 years of age or a person not licensed pursuant to this chapter.

(5) No person under the age of 18 years shall be admitted into an erotic dance studio.

(6) No erotic dance studio licensee shall serve, sell, distribute, consume, or possess any intoxicating liquor or controlled substance upon the premises of the licensee.

(7) An erotic dance studio licensee shall conspicuously display the studio licenses required by this chapter.

(8) All dancing shall occur on a platform intended for that purpose which is raised at least 18 inches from the level of the floor and no closer than 10 feet to any patron.

(9) No dancer or employee shall fondle, caress, or touch any patron in a manner which seeks to arouse or excite the patrons’ sexual desires.

(10) No patron shall fondle, caress, or touch any dancer or employee in a manner which seeks to arouse or excite the patrons’s sexual desire.

(11) No patron shall pay or give any gratuity directly to any dancer.

(12) No dancer shall solicit any pay or gratuity directly from any patron.

(13) No dancer or employee shall expose their breasts below the top of the areola or expose any portion of the pubic hair, vulva or genitals, anus and/or buttocks, except upon a stage at least 18 inches above the immediate floor level and removed at least 10 feet from the nearest patron.

(14) The stage or the entire interior portion of cubicles, rooms, or stalls wherein adult entertainment is provided must be visible from the common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

(15) No activity or dancing occurring on the premises shall be visible at any time from the public place.

(16) No dancer shall be visible from any public place during the hours of their employment, or apparent hours of their employment on the premises.

(17) A 36-inch by 24-inch sign shall be conspicuously displayed in the common are of the premises, and shall read as follows:

THIS EROTIC DANCE STUDIO IS REGULATED BY THE TOWN OF CATHLAMET.

1. ALL DANCING MUST OCCUR ON STAGE AND NO CLOSER THAN TEN FEET TO ANY PATRON.

2. DANCERS AND EMPLOYEES ARE NOT PERMITTED TO TOUCH, CARESS OR FONDLE ANY PATRON IN A MANNER WHICH SEEKS TO AROUSE OR EXCITE THE PATRONS’ SEXUAL DESIRES.

3. PATRONS ARE NOT PERMITTED TO TOUCH, CARESS, OR FONDLE ANY DANCER OR EMPLOYEE IN A MANNER WHICH SEEKS TO AROUSE OR EXCITE THE PATRONS’ SEXUAL DESIRES.

4. NO MONEY OR GRATUITY MAY BE ACCEPTED OR SOLICITED BY ANY DANCER FROM A PATRON.

(18) Dances/performances/exhibits that are obscene are not permitted. "Obscene" is defined as:

(a) Whether the average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; and

(b) Whether applying those same contemporary community standards, the average person would find that the work depicts or describes in a patently offensive way, the following sexual conduct:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibitions of the genitals or genital area; or

(iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

(19) This chapter shall not be construed to prohibit:

(a) Plays, operas, musicals, or other dramatic works which are not obscene;

(b) Classes, seminars, and lectures held for serious scientific or educational purposes; or

5.14.200 Public display prohibited.

No person, firm, partnership, corporation or other entity shall publicly display or expose or cause public display or exposure, with less than a full opaque covering of any portion of a persons’ genitals, pubic area, or buttocks in an obscene fashion. (Ord. 414 § 2, 2000)

5.14.210 Inspection of records and premises authorized.

All books and records required to be kept pursuant to this chapter shall be open to inspection by the clerk, sheriff, town attorney, or agents thereof, during the hours when the erotic dance studio is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter. (Ord. 414 § 2, 2000)

5.14.220 Standards for denial of license.

The clerk shall deny any erotic dance studio/ dancer/manager license applied for under provisions of this chapter if he/she determines that the applicant has:

(1) Made a materially false statement in the application for a license which the applicant knows to be false. "Materially false statement" means any false statement, oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the license application;

(2) Proposed a place of business or establishment to be licensed which does not comply with all applicable requirements of the fire, building, and zoning codes of Wahkiakum County. (Ord. 414 § 2, 2000)

5.14.230 Standards for revocation – Suspension of license.

(1) The clerk shall revoke or suspend, for a specified period of not more than one year, any erotic dance studio license if he/she determines that the licensee or applicant has: made a materially false statement in the application for a license which the applicant knows to be false; or violated or permitted violation of any provisions of this chapter.

(2) The clerk shall revoke or suspend, for a specified period of not more than one year, any dancer/manager license if he/she determines that the licensee or applicant has: made a materially false statement in the application for a license which the applicant knows to be false; or violated or permitted violation of any provisions of this chapter. (Ord. 414 § 2, 2000)

5.14.240 Appeal and hearing.

(1) Any applicant/licensee that has had a license denied, revoked or suspended by the clerk shall have the right to appeal such action to the council of the town of Cathlamet by filing a notice of appeal with the clerk within 10 working days after receiving notice of the action. The matter shall be heard within 90 days by the council, unless the parties agree otherwise.

(2) The filing of an appeal by an applicant/licensee shall stay the action of the clerk, pending a resolution of the matter.

(3) The decision of the council shall be based upon a preponderance of the evidence.

(4) The burden of proof shall be on the clerk.

(5) The decision of the council shall be final unless appealed to superior court within 10 working days from the date the decision is entered by filing an appropriate action and serving all necessary parties. (Ord. 414 § 2, 2000)

5.14.250 Violation – Penalty.

In addition to or as an alternative to any other penalty provided herein or by law, any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor, and each such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued, or permitted, and upon conviction of any such violation such person, firm, or corporation shall be punished by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the sheriff or town attorney or duly appointed agent thereof. (Ord. 414 § 2, 2000)

5.14.260 Severability.

If any section, sentence, clause, or phrase of this chapter shall be held invalid or unconstitutional, the validity or constitutionality thereof shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this chapter. (Ord. 414 § 2, 2000)