Chapter 5.95
ADULT RETAIL BUSINESSES
Sections:
5.95.030 License prohibited to certain classes.
5.95.040 Adult retail business license.
5.95.080 License suspension and revocation.
5.95.090 Standards of conduct for adult retail businesses.
5.95.110 Hours of operation for adult retail businesses.
5.95.120 Violation a misdemeanor.
5.95.140 Additional enforcement.
5.95.010 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
A. “Adult retail business” means an enclosed building, or any portion thereof, which, for money or any other form of consideration, devotes a significant or substantial portion of its stock in trade to the sale, exchange, rental, loan, trade, transfer, or viewing of adult-oriented merchandise.
B. “Adult-oriented merchandise” means any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMS, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties which depict, describe or simulate specified anatomical areas or specified sexual activities.
C. “Applicant” means the individual or entity seeking an adult retail business license in the City.
D. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult retail business, based on responsibility for management of the adult retail business.
E. “Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of any adult retail business.
F. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
G. “Specified anatomical areas” means the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
H. “Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal; or
2. Acts of human masturbation, sexual intercourse or sodomy; or
a. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
b. Any act which is set forth in RCW 7.48A.010(2)(b), the Washington Moral Nuisances Act. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(A).]
5.95.020 License required.
A. It is unlawful for any person to conduct, manage or operate an adult retail business unless such person is the holder of a valid and subsisting license from the City to do so, obtained in the manner provided in this chapter.
B. It is unlawful for any employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of, an unlicensed adult retail business. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(B).]
5.95.030 License prohibited to certain classes.
No license shall be issued to:
A. A natural person who has not attained the age of 21 years, except that licenses may be issued to persons who have attained the age of 18 years with respect to adult retail businesses where no intoxicating liquors are served or provided.
B. 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.
C. A copartnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof.
D. A corporation, unless all 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. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(C).]
5.95.040 Adult retail business license.
A. Any person desiring an adult retail business license required under the provisions of this chapter shall file written application with the city manager, on forms provided by the city manager for that purpose, in the name of the person or entity proposing to conduct an adult retail business on the business premises. A failure to provide all information required on the form will constitute an incomplete application and will not be processed. All applications shall be submitted on a form supplied by the City, which shall require the following information:
1. For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver’s license number (if any), Social Security number (if any), and business, mailing, and residential address, and business telephone number.
2. If a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.
3. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including adult cabarets, adult panorams or adult retail businesses, from the City or another city, county or state, and if so, the names and addresses of each other licensed business.
4. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.
5. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions, including the dates of conviction, nature of the crime, name and location of court and disposition.
6. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.
7. Authorization for the City, its agents and employees to seek information to confirm any statements set forth in the application.
8. The location and doing-business-as name of the proposed adult retail business, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.
9. Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.
10. A complete set of fingerprints for the applicant or each applicant control person, by city police department employees.
11. A scale drawing or diagram showing the configuration of the premises for the proposed adult retail business, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Public sales areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult retail business shall include building plans which demonstrate conformance with this chapter.
B. An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The city manager may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.
C. A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.
D. All applications shall be signed by the applicant and notarized or certified as true under penalty of perjury.
E. If any person or entity acquires, subsequent to the issuance of an adult retail business license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city manager, no later than 21 days following such acquisition. The notice required shall include the information required for the original adult retail business license application.
F. The adult retail business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult retail business. The permit shall be posted in a conspicuous place at or near the entrance to the adult retail business so that it can be easily read at any time the business is open.
G. No person granted an adult retail business license pursuant to this chapter shall operate the adult retail business under a name not specified on the license, nor shall any person operate an adult retail business under any designation or at any location not specified on the license.
H. Upon receipt of the complete application and fee, the city manager shall provide copies to the appropriate city departments for their investigation and review to determine compliance of the proposed adult retail business with the laws and regulations which each department administers. Each department shall, within 20 days of the date of such application, inspect the application and premises and shall make a written report to the city manager whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws, unless the 20-day period has lapsed. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult retail business license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult retail business is not in conformance with the requirements of this chapter or other law in effect in the City. A recommendation for denial shall cite the specific reason therefor, including applicable laws.
I. An adult retail business license shall be issued by the city manager within 30 days of the date of filing a complete license application and fee, unless the city manager determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The city manager shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the city manager finds that the applicant has failed to meet any of the requirements for issuance of an adult retail business license, the city manager shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the city manager fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the city manager that the license has been denied, but in no event may the city manager extend the application review time for more than an additional 20 days. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(D).]
5.95.050 Adult retail business license fees.
Repealed by Ord. 15-0402. [Ord. 06-0240 § 3(F).]
5.95.060 Appeal.
A. Any person aggrieved by the action of the city manager in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the hearing examiner, by filing a notice of appeal with the city manager within 21 days of notice of the refusal to issue or renew. The decision of the city manager shall be stayed pending the final outcome of any such timely appeal. The appeal shall be processed under KMC 5.05.150 and Chapter 19.30 KMC.
B. Any person aggrieved by the decision of the hearing examiner may appeal to the superior court for a writ of certiorari, prohibition or mandamus. The decision of the hearing examiner shall be stayed pending the final outcome of any such timely appeal. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(G).]
5.95.070 License term, assignment and renewals.
Repealed by Ord. 15-0402. [Ord. 06-0240 § 3(H).]
5.95.080 License suspension and revocation.
A. The city manager may, upon the recommendation of the city chief of police or his designee and as provided in subsection B of this section, suspend or 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, or failure to comply with, the provisions of this chapter or any of the provisions of this code or any other similar local or State law by the licensee or by any of his servants, agents or employees when the licensee knew or should have known of the violations committed by his servants, agents or employees; or for the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises, or the conviction of any of his servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) committed on the premises in which the licensee’s adult retail business is conducted when the licensee knew or should have known of the violations committed by his servants, agents or employees.
B. A license procured by fraud or misrepresentation shall be revoked. Where other violations of this chapter or other applicable ordinances, statutes or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.
C. The city manager shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension. Such appeals shall be processed under KMC 5.05.150 and Chapter 19.30 KMC. The decision of the city manager shall be stayed during the pendency of any appeal except as provided in subsection D of this section.
D. Where the city building official or fire marshal or their designees or the King County health department find that any condition exists upon the premises of an adult retail business which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection C of this section. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection C of this section; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(I).]
5.95.090 Standards of conduct for adult retail businesses.
At any adult retail business, the following are required:
A. Admission must be restricted to persons of the age of 18 years or more. It is unlawful for any owner, operator, manager, employee or other person in charge of an adult retail business to knowingly permit or allow any person under the minimum age specified to be in or upon such premises.
B. No photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the adult retail business.
C. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult retail business, which shall include but are not limited to: dressing rooms, booths, or other rooms provided for the benefit of employees, and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(J).]
5.95.100 Levels of lighting.
Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, is hereby established for all areas of the adult retail business where members of the public are admitted. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(K).]
5.95.110 Hours of operation for adult retail businesses.
It is unlawful for any adult retail business to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(L).]
5.95.120 Violation a misdemeanor.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall upon conviction thereof be guilty of a gross misdemeanor and shall be punished by a fine of not more than $5,000, or by imprisonment of a period of not more than one year, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day, or part of day, during which any violation of this chapter is committed, continued, or permitted. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(M).]
5.95.130 Nuisance declared.
A. Any adult retail business operated, conducted, or maintained in violation of this chapter or any law of the City or the State of Washington shall be, and the same is declared to be, unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult retail business contrary to the provisions of this chapter. All costs expended by the City in any such nuisance abatement or other action, including police investigation costs and attorney fees, shall be recoverable as part of any judgment in the City’s favor.
B. Any adult retail business operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(N).]
5.95.140 Additional enforcement.
The remedies found in this chapter are not exclusive, and the City may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of this title or other regulations herein adopted. [Ord. 15-0402 § 1 (Att. A); Ord. 06-0240 § 3(O).]
5.95.150 Severability.
Repealed by Ord. 15-0402. [Ord. 06-0240 § 3(P).]