Chapter 5.56
PANORAMS AND PANORAM DEVICES
Sections:
5.56.020 License – Requirements.
5.56.030 Operator’s license – Requirements.
5.56.040 Device license – Requirements.
5.56.050 License – Application requirements.
5.56.060 License – Fees and renewal.
5.56.070 Right of entry for inspection of premises.
5.56.080 License – Issuance conditions.
5.56.090 License – Suspension and revocation conditions.
5.56.110 Premises operation regulations.
5.56.120 Access or use by persons under 18 prohibited.
5.56.010 Definitions.
As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
A. “Panoram,” “preview,” “picture arcade” or “peep show” means any device for which payment of a fee, membership fee or other charge is used to exhibit or display a picture, view or graphic display, including a live performance. All such devices are denominated in this chapter by the terms “panoram” or “panoram device.” The words “panoram” or “panoram device” as used in this chapter do not include games which employ pictures, views or video displays or gambling devices regulated by the state.
B. “Panoram premises” means any premises or portion of any premises in which any panoram device is located and to which members of the public are admitted. The term “panoram premises” as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.
C. “Panoram station” means a portion of any panoram premises on which panoram devices are located and from which the panoram picture, view or graphic display is to be viewed. (Ord. 2192 § 1, 1985).
5.56.020 License – Requirements.
A. It is unlawful to display, exhibit, expose or maintain upon any premises to which members of the public are admitted any panoram device without a valid and current license for such premises to be designated a panoram premises license.
B. Separate licenses are required for each panoram premises and the same shall at all times be conspicuously posted and maintained therein.
C. The finance director shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder and the location of the licensed panoram premises. (Ord. 2192 § 2, 1985).
5.56.030 Operator’s license – Requirements.
It is unlawful to own, exhibit or display for the public or to place with another, by lease or otherwise, for public use, exhibit or display any panoram device without a valid and current license to be designated a panoram operator’s license. The finance director shall prescribe the form of such license and shall number the same. (Ord. 2192 § 3, 1985).
5.56.040 Device license – Requirements.
A. It is unlawful to exhibit or display for public use any panoram device upon any panoram premises without first having obtained a license for each such panoram device, to be designated a panoram device license.
B. Panoram device licenses shall be issued for specific panoram premises only and shall not be transferable.
C. The current panoram device license for each panoram device should be securely attached to such panoram device in a conspicuous place.
D. The finance director shall prescribe the form of such license and number the same. (Ord. 2192 § 4, 1985).
5.56.050 License – Application requirements.
Any person seeking a panoram premises, panoram operator’s or panoram device license shall file a written application with the finance director on a form provided by the finance director for that purpose. The finance director, upon presentation of such application and before acting on the same, shall refer such application to the police department, which shall make a full investigation as to the truth of the statements contained therein, and to the planning department and fire department which shall investigate and provide information to the finance director concerning compliance of the premises and devices sought to be licensed with this and other applicable city and state health, zoning, building, fire and safety ordinances and laws. (Ord. 2192 § 6, 1985).
5.56.060 License – Fees and renewal.
A. 1. The license year shall be from January 1st to December 31st of each year. All licenses shall expire on December 31st each year.
2. Except as hereinafter provided, all license fees shall be payable on an annual basis. Annual license fees shall be as follows:
a. Panoram premises license, $30.00 per year;
b. Panoram device license, $30.00 per each device;
c. Panoram operator license, $200.00 per year; provided, that as to panoram operator licenses, the annual fee may be paid quarterly within 15 days after the end of each quarter.
B. License fees shall not be prorated except that if the original application or license is made subsequent to June 30th of any year, the license fee for the remainder of that year shall be one-half the annual license fee. Licenses issued under this chapter may not be assigned or transferred to other operators, premises or devices.
C. The licenses required by the terms of this chapter shall be procured by the licensee prior to January 31st in the calendar year for which required or prior to the commencement of operation of business in the city, whichever date is later. For any license procured after the applicable date required herein there is assessed, and there shall be collected by the finance director, in addition to the annual license fee, a delinquency charge of 10 percent of the annual license fee for each month or part of a month accruing between the times such license is procured and the time when the same should have been procured (January 31st) under the terms of this chapter. (Ord. 2192 § 5, 1985).
5.56.070 Right of entry for inspection of premises.
A. Applicants for any license authorized to be issued under this chapter shall allow the premises and devices sought to be licensed to be inspected by authorized inspectors from the fire, police and planning departments.
B. Licensees operating premises and devices licensed under this chapter shall hold those areas upon the premises which are accessible to the public and devices therein open for routine regulatory inspection by the city and other regulatory agencies during normal business hours, and at all times during actual operation of the business. (Ord. 2192 § 7, 1985).
5.56.080 License – Issuance conditions.
A. After investigation, the finance director shall issue the applicable license or licenses authorized by this chapter if the finance director finds:
1. That the business for which a license is required by this chapter will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire and safety laws of the state and the ordinances of the city as well as the requirements of this chapter;
2. That the applicant, his or her employees, agents, partners, directors, officers, stockholders or managers have not knowingly made false, misleading or fraudulent statements of fact in the application for license or in any report or record required to be filed with the finance director;
3. That the applicant has not had a panoram premises, panoram operator’s or panoram device license revoked by the city within two years of the date of application;
4. That the applicant and all employees, agents, partners, directors, officers or managers have attained the age of 18 years.
B. The decision of the finance director regarding issuance of any license shall be rendered within 30 days of the date of filing of the application. (Ord. 2192 § 8, 1985).
5.56.090 License – Suspension and revocation conditions.
A. After an investigation and upon the recommendation of the chief of police, city planner or fire chief, the finance director may, upon 30 days’ notice, revoke any license issued pursuant to this chapter if one or more of the following conditions exist:
1. License was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the finance director;
2. The building structure, equipment or location of the business for which the license was issued does not comply with the requirements, or fails to meet the standards of the applicable health, zoning, building, fire and safety laws of the state and ordinances of the city and the requirements of this chapter;
3. The licensee, his or her employee, agent, partner, director, officer or manager has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation or masturbation to be committed in or upon the panoram premises, or has knowingly allowed the panoram premises to be used as a place in which solicitations for sexual intercourse, sodomy, oral copulation or masturbation occur; or
4. The licensee, his or her employee, agent, partner, director, officer or manager has been convicted of an offense under RCW 9.68.140 in connection with the licensed premises or a licensed panoram device.
B. If the finance director finds that any condition set forth in subsection A of this section exists and that such condition constitutes an immediate threat of serious injury or damage to person or property, the finance director may immediately revoke the license issued under this chapter without prior opportunity to be heard, in which event the licensee shall be entitled to a post-revocation hearing in accordance with MVMC 5.56.100 at the soonest available opportunity. The notice of immediate revocation of license given pursuant to this subsection shall include the finance director’s finding regarding the condition found to exist and that it constitutes an immediate threat of injury or damage to person or property and the reasons therefor. (Ord. 2192 § 9, 1985).
5.56.100 Appeal procedures.
A. Any person aggrieved by the action of the finance director in the refusing to issue or renew any license under this chapter or in revoking any license issued under this chapter shall have the right to appeal such action to the city council by filing a notice of appeal with the finance director within 10 days of receiving notice of the action from which the appeal is taken.
B. The city council upon receipt of a timely notice of appeal shall set a date for hearing such appeal. The city council shall hear testimony, take evidence and may hear oral arguments and receive written briefs. Except in cases of summary revocation of licenses because of immediate threat of serious injury or damage to persons or property pursuant to MVMC 5.56.090(B), the filing of such appeal shall stay the action of the finance director pending the decision of the council. (Ord. 2192 § 10, 1985).
5.56.110 Premises operation regulations.
The finance director shall not license any panoram premises which does not conform to the following requirements and shall revoke the license of any panoram premises and the license of any operator thereof which does not maintain conformity with the following requirements:
A. The entire interior of the panoram premises shall be arranged in such a manner that the interior of every panoram station is visible from the entrance to or a central corridor or other readily accessible part of the panoram premises and in such a manner that the entire back of any person viewing a panoram device is visible when observed from such location.
B. No booths or enclosures of any kind shall be maintained for any panoram device. Panoram devices may be shielded as necessary from light or as necessary to prevent the panoram picture, view or graphic display from being viewed by any person who has not paid to see it; provided, however, that no such shield shall extend above the level of the top or below the level of the bottom of the picture, view or graphic display, nor shall any shield extend more than 12 inches horizontally from the front of the panoram picture, view or graphic display.
C. The licensee shall not permit any doors to areas on the premises which are available for use of persons other than the licensee or employees of the licensee to be locked during business hours.
D. The licensee shall maintain illumination generally distributed in all parts of the premises available for the use by the public and at all times when the premises are open or when any member of the public is permitted to enter and to remain therein. (Ord. 2192 § 11, 1985).
5.56.120 Access or use by persons under 18 prohibited.
It is unlawful for anyone under the age of 18 years to be in or upon any panoram premises or to use any panoram device upon any panoram premises and it is unlawful for any operator or owner of a panoram device or for any manager or other person in charge of any panoram premises to permit or let anyone under 18 years of age to be in or upon such premises or to use any such device. (Ord. 2192 § 12, 1985).
5.56.130 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be punished in accordance with MVMC 1.20.010. (Ord. 2192 § 13, 1985).