Chapter 5.09
MODEL STUDIOS AND BODY
PAINTING ESTABLISHMENTS

Sections:

5.09.010    Definitions.

5.09.020    Model studio license required – Application.

5.09.030    Issuance of a model studio license.

5.09.040    Manager or model license required – Application.

5.09.050    Denial or revocation of licenses.

5.09.060    Appeals.

5.09.070    Unlawful conduct.

5.09.080    Inspection.

5.09.090    Rules and regulations.

5.09.010 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Manager means a person other than a licensee who directly supervises and manages the activities of employees of a model studio.

Model means any person furnished for the purpose of being observed, viewed, depicted, painting or being painted in the course of business of a model studio.

Model studio means any premises on which there is conducted primarily the business of furnishing persons as models who pose for the purpose of being depicted by sketching, painting, drawing sculpturing, photographing or being otherwise depicted or being painted on or upon by any other person, or painting on or upon any other person for persons who pay a fee, gratuity or other consideration for the right to observe, view, depict, paint or be painted, or for the right to be admitted to, permitted to remain upon, or as a condition of remaining upon, the premises. Such definition shall expressly exclude any studio which functions as a part of and under the direct supervision of an institution, the curriculum for which is approved by the office of the state superintendent of public instruction.

Premises means the entire area utilized by the business licensed in this chapter and the public areas while utilizing the services.

Substantial connection means:

1. In sole proprietorship, the individual who owns, operates, manages or conducts, directly or indirectly, the establishment;

2. In a partnership, the individual shares in any potential profits of the establishment;

3. In a corporation, the individual is an officer, director or a holder (directly or beneficially) of more than ten (10) percent of any class of stock; or

4. The individual furnishes more than ten (10) percent of the capital of such establishment, whether in cash, goods or services.

(Ord. No. 1837, § 1. Formerly Code 1986, § 5.26.010)

Cross reference(s) – Definitions and rules of construction generally, § 1.01.030.

5.09.020 Model studio license required – Application.

A. It shall be unlawful to conduct, operate or manage a model studio unless such establishment is licensed as provided in this section. The fee for a model studio license and renewal shall be one thousand dollars ($1,000) per calendar year or portion thereof.

B. No license or renewal of a license to conduct, operate or manage a model studio shall be issued or renewed except upon written application to the finance director signed and sworn to by the person who intends to conduct, operate or manage a model studio. Such application shall contain the following information:

1. The business name, business address and telephone number of the establishment or proposed establishment;

2. In relation to each natural person having a substantial connection with such establishment or proposed establishment:

a. True name and any other name by which commonly known;

b. Residence address and telephone number;

c. Date and place of birth;

d. Length of residence in King County, and if less than one (1) year, prior address outside King County;

e. Nature of relationship to establishment or proposed establishment;

f. Whether within ten (10) years of date of application, has pleaded guilty to or been convicted of violating any ordinance, resolution or law of any jurisdiction which involves conducting, operating or managing the business. If so, full circumstances thereof including, but not limited to date, court and case disposition.

3. In relation to each corporation or partnership having a substantial connection with such establishment or proposed establishment:

a. Name of the corporation or partnership;

b. Name of registered agent and address of registered office;

c. Primary office address, if different from above;

d. Date and place of incorporation or organization;

e. Date and place of filing of articles of incorporation;

f. Nature of relationship to establishment or proposed establishment;

g. Names and residence addresses of all officers, directors, limited or general partners, and holders (directly or beneficially) of more than ten (10) percent of any class of stock;

4. Such other and further information as the city may reasonably require to determine the advisability of license issuance.

Incomplete or false information on such application shall be cause for immediate denial or revocation of a license.

(Ord. No. 1837, § 2. Formerly Code 1986, § 5.26.020)

5.09.030 Issuance of a model studio license.

A. Upon the filing of any application for issuance or renewal of a model studio license, the finance director shall refer the application to the police department with a request to investigate the statements contained in the application and to furnish a written report containing the results of investigation, together with other information concerning the background and character of all persons having a substantial connection with such establishment, as may aid the finance director in determining whether such license should be issued. The application shall also be referred to the Seattle-King County health department with a request to inspect the premises or proposed premises as to its sanitary and physical conditions and to submit a written report thereon. Inspections by the director of the Seattle-King County health department or his duly authorized representative shall be made in accordance with rules and regulations, not inconsistent with the provisions of this chapter and as may be adopted by such director. The application shall be referred to the planning department for coordination of housing, zoning and fire inspection of the premises with a request to submit a written report thereon.

B. If, from the reports and other information concerning the applicant, the premises and persons having a substantial connection with such establishment or proposed establishment, the city deems the applicant to comply with all of the conditions required for licensing hereunder, a license shall be issued or renewed.

C. A license shall not be issued or renewed under this chapter if the information received indicates that:

1. Any knowingly false statement was made in the license application;

2. Any person having a substantial connection with such establishment or proposed establishment, within ten (10) years of the date of application, has pleaded guilty to or been convicted of violating any ordinance, resolution or law of any jurisdiction which would influence the conducting, operating or managing of the business in a lawful manner;

3. Any premises on which such establishment or proposed establishment is located or sought to be located fails to meet health, safety, fire, zoning or other valid standards established by regulations governing health and safety; provided, however, denial under this subsection shall be without prejudice to future application; or

4. Another business establishment has filed for or been granted a license under the provisions of this chapter, the premises of which is within a radius of one (1) mile of the proposed establishment.

D. The finance director shall not issue a temporary license or permit until thirty (30) days have elapsed from the filing of the application and only if the license or permit application is still being investigated by the finance director. Such temporary license or permit shall be issued for one (1) month and is not renewable.

(Ord. No. 1837, § 3. Formerly Code 1986, § 5.26.030)

5.09.040 Manager or model license required – Application.

A. It shall be unlawful for any person to be employed as a manager or model without a valid license. The fee for such license shall be five hundred dollars ($500) per calendar year or portion thereof. Application for such license or renewal shall be made to the finance director.

B. All applications for issuance or renewal of a manager’s or model’s license shall be made to and filed with the finance director on forms furnished for such purpose, and be accompanied by both a certified copy of the applicant’s birth certificate and a color photograph of the applicant approximately one (1) inch square. Such photograph, if the license applied for is issued, shall be affixed thereto in a manner designed to discourage alteration or substitution of photographs. This application shall state the true name of the applicant together with such other information concerning the background and character as may aid the finance director in determining if such license should be issued, but not less than that required under this chapter. Applicants shall not be less than eighteen (18) years of age.

C. If the finance director finds that such application for license or renewal is in proper form, the applicant shall be:

1. Referred to the police department with a request to fingerprint the applicant, and to investigate the statements contained in the application, and to furnish a written report containing the results of the investigation, together with such other information as may aid the finance director in determining whether such license should be issued; and

2. Referred to the Seattle-King County health department with a request for a physical examination to ascertain if such applicant is free from contagious or infectious disease and to make a written report.

D. The finance director shall examine the reports and recommendations and if from the reports and other information concerning the background and character of the applicant, the applicant has complied with all of the conditions required for licensing under this chapter, the license shall be issued or renewed for the establishment for which the applicant works or desires to work.

E. A license shall not be issued or renewed under this section if the information received indicates that:

1. Any false statement was knowingly made in the application;

2. The applicant has within ten (10) years of date of application pleaded guilty to or been convicted of violating any ordinance, resolution or law of any jurisdiction relating to prostitution, grand larceny, or violating any section of this chapter or Chapter 9.79 RCW regarding sex crimes;

3. The applicant fails to meet valid health standards.

F. The finance director may issue a temporary license for thirty (30) days pending conclusion of any investigation. Such temporary license shall not be renewable.

(Ord. No. 1837, § 5. Formerly Code 1986, § 5.26.050)

5.09.050 Denial or revocation of licenses.

A. Any application for issuance or renewal of a license pursuant to this chapter shall not be accepted by the finance director unless accompanied by the appropriate license fee. If an application for a license is denied, the entire amount tendered as the license fee shall not be returned to the applicant, but a portion thereof, not to exceed one hundred dollars ($100) shall be retained by the city to defray the cost of examination and investigation.

B. Every license issued or renewed pursuant to this chapter shall expire at midnight on December 31 of the year of issuance.

C. In addition to other penalties provided in this chapter or by law, the finance director shall have the right to suspend or revoke any license issued pursuant to this chapter upon showing that any establishment, premises or person licensed under the provisions of this chapter has operated in violation of the provisions of this chapter or has permitted or engaged in unlawful conduct on the premises.

(Ord. No. 1837, § 6. Formerly Code 1986, § 5.26.060)

5.09.060 Appeals.

A. The city council shall have jurisdiction to hear appeals from the denial of a license or suspension or revocation of licenses issued under provisions of this chapter. The aggrieved party shall have the right to appeal to the city council by giving a written notice within seven (7) days after the entry of the order being appealed. The notice of appeal shall specify an address at which the appellant may be given notice of the hearing on the appeal.

B. After the filing of such appeal, the city council shall set a time and place, not more than thirty (30) days from such notice of appeal for a hearing. At the hearing the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action. Upon filing of notice of such appeal, the finance director shall immediately submit to the city council, such records, dates, reports and information as he may have in his possession.

(Ord. No. 1837, § 9. Formerly Code 1986, § 5.26.090)

5.09.070 Unlawful conduct.

A. In conducting, operating or managing a licensed model studio, the model studio is required to:

1. Make the business premises available at all times for inspection as to conditions relating to licensing and conduct regulated hereunder by the Seattle-King County health department, city building department and the city police department;

2. Display during business hours all licenses required hereunder;

3. Have the manager, licensed hereunder, or the model studio applicant on the premises at all times during which the model studio is open.

B. In conducting, operating or managing a licensed model studio, it shall be unlawful to:

1. Employ an unlicensed manager or model;

2. Permit to remain in such establishment any person who is not eighteen (18) years of age or older;

3. Conduct or operate a model studio between the hours of 2:00 a.m. and 8:00 a.m.

(Ord. No. 1837, § 4. Formerly Code 1986, § 5.26.040)

5.09.080 Inspection.

Any model studio licensed under the provisions of this chapter shall be open to inspection by the chief of police or his authorized deputy, the director of Seattle-King County department of health or his authorized representative and the building official of the city or his authorized representative.

(Ord. No. 1837, § 7. Formerly Code 1986, § 5.26.070)

5.09.090 Rules and regulations.

The finance director is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this chapter. It shall be unlawful to violate or fail to comply with any such rules and regulations. All such rules and regulations shall be mailed to each licensee for information and for distribution to employees.

(Ord. No. 1837, § 8. Formerly Code 1986, § 5.26.080)