Chapter 5.18
ADULT DANCES AND REGULATED TEEN DANCING

Sections:

5.18.001    Purpose of chapter.

5.18.002    Construction of chapter.

5.18.003    Conflict – Applicable chapter.

5.18.010    Definitions.

5.18.020    Adult dance or dance hall and regulated teen dancing – License required.

5.18.030    License application – Requirements.

5.18.040    License – Denial of license.

5.18.050    License – Suspension or revocation – Grounds.

5.18.070    Appeal.

5.18.080    Hours of operation.

5.18.090    Access – Police officers, firefighters and city clerk.

5.18.100    Licensee fees.

5.18.110    License limited to licensee and location.

5.18.120    License renewal.

5.18.130    Indemnification.

5.18.140    Authority of the city clerk.

5.18.150    Operating without a license – Penalty.

5.18.001 Purpose of chapter.

This chapter is an exercise of the police power for the protection of the public health, safety and welfare of those persons who attend and patronize premises where adult dances are conducted or operated or regulated teen dancing occurs as well as for those persons who own or occupy property in the vicinity of such premises. (Ord. A-77 § 1, 1989).

5.18.002 Construction of chapter.

The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal or modify any of the provisions of any other law of the city pertaining to dancing, dance halls or licensing. (Ord. A-77 § 1, 1989).

5.18.003 Conflict – Applicable chapter.

This chapter is subject to the general provisions of the business licensing code, Chapter 5.01 MICC. In the event of a conflict between this chapter and Chapter 5.01 MICC the provisions of this chapter shall apply. (Ord. A-77 § 1, 1989).

5.18.010 Definitions.

For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Adult dance” means any dance that is readily accessible to the public and is held and conducted directly or indirectly for a profit, or requires a monetary payment or contribution from any of the persons admitted, and which permits the entry of persons over the age of 20 years. “Adult dance” does not include a noncommercial dance sponsored by an accredited educational institution, nor does it include dances sponsored by churches or other religious institutions, community organizations or other nonprofit tax-exempt organizations.

B. “Adult dance hall” means any premises where an adult dance is conducted, operated or maintained, including but not limited to all parking areas, hallways, bathrooms and all adjoining areas to the premises accessible to the public during the dance.

C. “Regulated teen dancing” means dancing by persons under the age of 20 years in a premises that is readily accessible to the public and is held and conducted directly or indirectly for a profit, or requires a monetary payment or contribution from any of the persons attending, where dancing is not the predominant use of the premises and where dancing is limited to 30 or fewer persons. Regulated teen dancing does not include a noncommercial dance sponsored by an accredited educational institution, nor does it include dances sponsored by churches or other religious institutions, community organizations or other nonprofit tax exempt organizations. (Ord. A-77 § 1, 1989).

5.18.020 Adult dance or dance hall and regulated teen dancing – License required.

No person shall conduct or operate an adult dance or dance hall or have regulated teen dancing on the premises unless the person who is conducting or operating such adult dance or dancehall or having regulated teen dancing on the premises has obtained a license in accordance with the provisions of this chapter. (Ord. A-77 § 1, 1989).

5.18.030 License application – Requirements.

The person desiring to conduct and/or operate an adult dance shall be responsible for obtaining an adult dancehall license. The person desiring to have regulated teen dancing on the premises shall be responsible for obtaining a regulated teen dancing license.

A. Each applicant shall complete an application which shall include the following information:

1. The name, address and date of birth of the applicant;

2. The names, addresses and dates of birth of the operator, manager and employees of the premises where the adult dance or regulated teen dancing is to occur;

3. If different than subdivision 2 of this subsection, the name, address and date of birth of the owner of the premises where the adult dance or regulated teen dancing is to occur;

4. An oath or affirmation that the information provided in subdivisions 1 through 3 of this subsection is true under penalty of perjury.

B. If the answers to subsections A1 to A3 of this section involve a corporation or a partnership or an unincorporated association, the name of the corporation or partnership or unincorporated association, and the names, addresses and dates of birth of the officers, directors, partners or limited partners thereof.

C. A statement of any and all measures to be used to ensure that adequate traffic control and crowd protection, both within and without the premises, will be maintained and proof of indemnification and insurance coverage as required in this chapter.

D. A statement from the applicant that the premises is in compliance with all city laws including, but not limited to, building, zoning, planning and fire codes and a statement that the applicant will, in the conduct and operation of the adult dance or regulated teen dancing, comply with all city laws.

E. Such other information as the city clerk requires for the health, safety and welfare of persons attending the premises. (Ord. A-77 § 1, 1989).

5.18.040 License – Denial of license.

The city clerk shall deny a license to an applicant if:

A. The applicant has failed to comply with any state, county and city law including, but not limited to, building, zoning, planning and fire codes; or

B. The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the adult dance or regulated teen dancing have:

1. Committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a license, or been convicted of:

a. A felony; or

b. Contributing to the dependency or delinquency of a minor;

c. A crime involving prostitution, lewd conduct or assault; or

C. The applicant has been refused a license or had a license revoked under the provisions of this chapter; provided, however, that any applicant who is denied a license may reapply if the basis for such denial no longer exists. (Ord. A-77 § 1, 1989).

5.18.050 License – Suspension or revocation – Grounds.

A license issued pursuant to this chapter may be suspended or revoked upon a finding by the city clerk that any one or more of the following conditions exist:

A. The license was procured by fraud or false representation or omission of material fact in the license application;

B. The applicant or licensee, or any officer, director or agent thereof knowingly has made any false statement or given any false information in connection with an application for a license or renewal of a license;

C. The licensee or any employee, agent, partner, director, officer or manager thereof has knowingly allowed or permitted:

1. A felony to occur in or upon the premises where the adult dance or regulated teen dancing occurs;

2. A crime involving prostitution, lewd conduct or assault to occur in or upon the premises where the adult dance or regulated teen dancing occurs;

3. Any act of or solicitation for sexual intercourse, sodomy or copulation, or masturbation to be committed in or upon the premises where the adult dance or regulated teen dancing occurs; or

4. Possession of any weapon, or the possession and/or consumption of marijuana, cocaine or any other controlled substance (as defined in RCW 69.50.101 as it now exists or as herein amended), or in the case of regulated teen dancing the possession and/or consumption of alcohol, in or upon the premises where the regulated teen dancing occurs;

D. The licensee, or any employee, agent, partner, director, officer or manager fails to remove from the premises any person who appears to be under the influence of or affected by the use of alcohol or any controlled substance or whose conduct poses a physical danger to the safety of others present after having received notice of the existence of such a person upon the premises;

E. The licensee or any employee, agent, partner, director, officer or manager thereof has violated any of the provisions of this chapter or committed any act which is a grounds for denial of a license issued pursuant to this chapter; or

F. The building, structure, equipment or location of the business or dance for which the license was issued does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building or fire safety laws of the state and the city, or any of the other requirements of this chapter. (Ord. A-77 § 1, 1989).

5.18.070 Appeal.

A. A person whose application for a license, whether initial or renewal, is denied, or whose existing license is suspended or revoked, shall be notified by the city clerk by registered or certified mail, return receipt requested, of the city clerk’s decision. Notice mailed to the residence address on file of the person signing the application shall be deemed received three days after the mailing date. The notice shall specify the grounds for the denial, failure to renew, suspension or revocation. The denial, failure to renew, suspension or revocation shall become effective 10 days from the date the notice is delivered or deemed received unless during that 10-day period the person notified files a written appeal with the city clerk requesting a hearing before the city council.

B. Such notice or appeal filed with the city clerk shall, within five days thereof, be transmitted by the city clerk to the city manager along with the pertinent records and a report describing the reasons for such administrative action.

C. The city manager shall then, within an additional 10 days following receipt of such material, transmit such information to the city council which shall set the matter for hearing not less than 14 days or more than 28 days following the date of receipt of such information by the city manager.

D. Upon the setting of such matter for hearing, the city clerk shall notify the appellant by registered or certified mail, return receipt requested, of the hearing date.

E. The appellant may appear and be heard before the city council and present such facts and arguments as may tend to support the appellant’s position, subject to reasonable rules and regulations established by the city council.

F. At the conclusion of the hearing the city council shall affirm, reverse or modify the administrative ruling and its decision shall be final. Such decision and the grounds therefor shall be made in writing.

G. If the city clerk’s action involved a denial of an initial license application, no establishment required to be licensed shall be operated in the interim period between the city clerk’s action and the time the city council affirms, reverses or modifies the city clerk’s action.

H. If the city clerk’s action involved either a nonrenewal, suspension or revocation of a license, the filing of the appeal shall stay the action of the clerk pending the final decision of the city council.

I. In the event the applicant affected by the city clerk’s action does not appeal within the aforementioned period, the license of said applicant shall be denied, nonrenewed, suspended or revoked as provided in the initial notice. (Ord. A-77 § 1, 1989).

5.18.080 Hours of operation.

No adult dance or regulated teen dancing shall be conducted, operated or otherwise open to the public between the hours of 2 am and 10 am. (Ord. A-77 § 1, 1989).

5.18.090 Access – Police officers, firefighters and city clerk.

All public safety officers of the city, including firefighters and police officers, and the city clerk, shall have free access to the premises where adult dances or regulated teen dancing occurs for the purpose of inspection and to enforce compliance with the provisions of this chapter. (Ord. 06C-06 § 2; Ord. A-77 § 1, 1989).

5.18.100 Licensee fees.

The fee for an adult dancehall license and for a regulated teen dancing license shall be $125. (Ord. A-77 § 1, 1989).

5.18.110 License limited to licensee and location.

Any license issued under the provisions of this chapter shall apply to a single licensee and to a single location only and shall not be transferable to other locations and/or other persons. (Ord. A-77 § 1, 1989).

5.18.120 License renewal.

Each license issued by the city clerk shall be valid for a period of one year. (Ord. A-77 § 1, 1989).

5.18.130 Indemnification.

A. The licensee shall indemnify and hold the city harmless from any and all losses, claims, actions or damages suffered by any person(s) by reason of or resulting from or on account of any act or omission of the licensee or its agents, employees or patrons in the exercise of its license or use or occupancy of the premises. In the event any suit or action is brought against the city, the licensee shall upon notice of the commencement thereof, defend the same at no cost and expense to the city, and promptly satisfy any final judgment adverse to the city or to the city and licensee jointly; provided, that in the event the city determines that one or more principles of government or public law are involved, the city retains the right to participate in such action. The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost or expense may have been, or may have been alleged to have been, contributed to by the negligence of the city or its officers, employees or agents; provided, however, that nothing contained in this section shall be construed as requiring the licensee to indemnify the city against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the city or its officers, employees or agents.

B. As a condition precedent to obtaining a license, the licensee shall, at no expense to the city, secure and maintain during the full term of the license, general comprehensive liability insurance issued by one or more companies authorized to do business in the state which insurance shall be subject to the approval of the city attorney as to company, form and coverage, and which insurance must fully protect the city from any and all claims and risks in connection with any activity performed by the licensee by virtue of the license and shall provide the following minimum coverages:

1. One million dollars ($1,000,000) per person, per occurrence;

2. One million dollars ($1,000,000) annual aggregate – said policy must specifically name the city as an additional insured thereunder in the following manner:

The City of Mercer Island is an additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected by this policy and for any claims, suits, injury, death, damage or loss of any source sustained by any person, organization or corporation in connection with any activity upon or use or occupancy of premises regulated by Chapter 5.18 Mercer Island City Code.

Coverages provided by this policy to the City or any other named insured shall not be terminated, reduced or otherwise changed in any respect without providing at least thirty (30) days prior written notice to the City Clerk.

C. The licensee shall deliver to the city clerk a copy of all policies required under this provision and all endorsements thereto or other evidence to the reasonable satisfaction of the city clerk that the licensee has secured or renewed and is maintaining insurance as required by this section. The “ACORD” form of certification of insurance shall not be submitted as such evidence, and shall not be deemed to be satisfactory evidence unless the following changes are made on such form:

1. The wording on top of the form: “This certificate is issued as a matter of information only and confers no rights upon the certificate holder” shall be deleted in its entirety and the wording at the bottom of the form pertaining to notification of change of insurance shall be changed to read:

Should any of the above described policies be canceled, reduced as to coverage, or otherwise changed before the expiration date thereof, the issuing company shall provide written notice of such action to the City Clerk.

D. The procuring of the insurance required by this section shall not be construed to limit the licensee’s liability hereunder.

E. The licensee shall provide for the prompt and efficient handling of all claims for injury, death, damage or loss arising out of the acts or omissions of the licensee. The licensee shall agree that all such claims, whether processed by the licensee or its insurer, either directly or through an agent, will be handled by a person with a permanent office in Seattle, Mercer Island or Bellevue. (Ord. A-77 § 1, 1989).

5.18.140 Authority of the city clerk.

The city clerk is authorized to:

A. Make rules for the interpretation and implementation of this chapter;

B. Grant, review, deny, suspend or revoke licenses according to the terms of this chapter; and

C. Collect fees for the license application. (Ord. A-77 § 1, 1989).

5.18.150 Operating without a license – Penalty.

Any person who shall conduct or operate an adult dance or have regulated teen dancing on the premises without a valid license issued pursuant to this chapter shall be guilty of a gross misdemeanor and shall be subject to a maximum punishment of a $500 fine and/or six months in jail. Each day that an offense is committed or permitted to continue shall be considered to be a separate offense for the purposes of this chapter. (Ord. A-77 § 1, 1989).