CHAPTER 12
ADULT ENTERTAINMENT STANDARDS

SECTION:

5-12-1:    Definitions

5-12-2:    Prohibition

5-12-3:    Adult Entertainment Business License Required

5-12-4:    Adult Entertainment Business License Application

5-12-5:    Adult Entertainment Business License Investigation

5-12-6:    Issuance Of Adult Entertainment Business License

5-12-7:    Denial Of Adult Entertainment Business License

5-12-8:    License Required For Managers And Entertainers Of Adult Entertainment Businesses

5-12-9:    Manager And Entertainer License Application

5-12-10:    Issuance Of License For Manager And Entertainer

5-12-11:    License Renewal

5-12-12:    Fees

5-12-13:    Exemptions

5-12-14:    License Nontransferable

5-12-15:    License – Posting And Display

5-12-16:    Hours Of Operation

5-12-17:    Persons Under Eighteen Prohibited

5-12-18:    Alcohol Prohibited

5-12-19:    Record Keeping Requirements

5-12-20:    Inspections (Rep. by Ord. 5475)

5-12-21:    Facility Specifications For Adult Entertainment Businesses Providing Adult Live Entertainment

5-12-22:    Owner Duties

5-12-23:    Manager Duties

5-12-24:    Standards Of Conduct Applicable To Employees, Entertainers, Patrons And Customers In Adult Entertainment Businesses Providing Adult Live Entertainment

5-12-25:    Standards Of Conduct And Operation Applicable To Adult Entertainment Businesses That Are Adult Arcades

5-12-26:    Suspension Or Revocation Of License

5-12-27:    Denial, Suspension Or Revocation Of License – Appeal

5-12-28:    Limitations Of Liability

5-12-29:    Criminal Penalties

5-12-30:    Civil Penalty

5-12-31:    Nuisance

5-12-32:    Additional Enforcement

5-12-33:    Severability

5-12-34:    Intent

5-12-1 DEFINITIONS:

For the purposes of this Chapter, the following terms and words are defined as follows:

ADULT ENTERTAINMENT BUSINESS:

A.    Any enterprise which, for money or any other form of consideration, features “adult live entertainment” as defined herein;

B.    Any “adult motion picture theater” as defined in RMC 4-11-010;

C.    Any adult arcade containing individual viewing areas or stations or booths, where for money or any other form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of specified sexual activities or specified anatomical areas. (Amd. Ord. 4827, 1-24-2000)

ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized by specified sexual activities as defined in RMC 4-11-190. (Amd. Ord. 4827, 1-24-2000)

ADULT LIVE ENTERTAINMENT PERFORMANCE AREA: An area where adult live entertainment shall occur.

APPLICANT: Any person who applies for an adult entertainment business license or an adult entertainment manager or entertainer license.

CITY: The City of Renton, Washington.

CRIMINAL ACTIVITIES: Any conviction, bail forfeiture or adverse finding under Federal, State or local law for acts including, but not limited to, sexual crimes against children, sexual abuse, rape, distribution of obscenity, distribution of erotic material to minors, prostitution, promoting prostitution, transporting persons for purposes of prostitution or enticing or coercing persons to travel for purposes of prostitution, permitting prostitution, patronizing a prostitute, pandering, racketeering, or violations of the Uniform Controlled Substances Act. (Ord. 5475, 7-20-2009)

DIRECTOR: The Administrative Services Administrator or his or her designee. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)

EMPLOYEE: Any person, including an independent contractor, who works in or at or renders any service directly related to the operation of any adult entertainment business, whether or not such person is paid compensation by the operator of said business.

ENTERTAINER: Any person who provides adult live entertainment in an adult entertainment business, whether or not a fee is charged or accepted for such entertainment.

MANAGER: Any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of an adult entertainment business.

NUDE OR STATE OF NUDITY: The appearance or less than complete and opaque covering of the anus, genitals, pubic region, buttocks, areola or nipple of the female breast, or any artificial depiction of the same.

OBSCENE: An activity or material that, taken as a whole, lacks serious literary, artistic, political, or scientific value, and

A.    Taken as a whole by an average person applying contemporary community standards, appeals to a prurient interest in sex, or

B.    Taken as a whole by an average person applying contemporary community standards, depicts patently offensive representations of:

1.    Ultimate sexual acts, normal or perverted, actual or simulated; or

2.    Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or

3.    Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture.

OWNER: The sole proprietor, significant stockholder, general partner, or significant limited partner of any adult entertainment business.

PERSON: Any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit.

POLICE: The Police Department.

SATISFACTORY DOCUMENTATION:

A.    A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth; or

B.    An identification card bearing the applicant’s photograph and date of birth issued by a Federal or State government agency; or

C.    A valid passport issued by the United States of America or any other country.

SIGNIFICANT LIMITED PARTNER: Any person who owns twenty percent (20%) or greater interest in an adult entertainment business.

SIGNIFICANT STOCKHOLDER: Any person who owns twenty percent (20%) or greater stock interest in an adult entertainment business.

SPECIFIED SEXUAL ACTIVITY: As defined in RMC 4-11-190. (Ord. 4594, 4-8-1996; Amd. Ord. 4827, 1-24-2000)

5-12-2 PROHIBITION:

A person shall not use any property or premises for an adult entertainment business within the City, except as permitted by City ordinance. (Ord. 4594, 4-8-1996)

5-12-3 ADULT ENTERTAINMENT BUSINESS LICENSE REQUIRED:

A.    No person shall operate an adult entertainment business without a valid adult entertainment business license issued by the City. The fact that a person possesses other types of State or County permits and/or licenses does not exempt him/her from the requirement of obtaining an adult entertainment business license. Any person granted a license pursuant to this Chapter shall operate an adult entertainment business only under the name designated in the license and shall conduct business only for the specific type of adult entertainment business specified in the license and at the location specified in the license. It is unlawful for any person to operate or knowingly allow or cause to be operated an adult entertainment business without an adult entertainment business license.

B.    The Director is responsible for granting, denying, revoking, renewing, and suspending adult entertainment business licenses. (Ord. 4594, 4-8-1996)

5-12-4 ADULT ENTERTAINMENT BUSINESS LICENSE APPLICATION:

A.    An application for an adult entertainment business license shall be made on forms provided by the Director and shall be signed by the applicant and notarized or certified to be true under penalty of perjury. The completed application shall include the following information and documents:

1.    If the applicant is:

a.    A sole proprietor, he/she shall state his/her legal name, any aliases, stage names, previous names, date of birth, optional disclosure of Social Security number, mailing address, residential address and “satisfactory documentation,” as defined herein, that he/she is eighteen (18) years of age or older.

b.    A partnership, the partnership shall state:

(1)    Its complete name,

(2)    The legal names, dates of birth and optional disclosure of Social Security numbers of all general partners and significant limited partners, and “satisfactory documentation,” as defined herein, that each general partner and significant limited partner is eighteen (18) years of age or older,

(3)    Whether the partnership is general or limited and a copy of the partnership agreement, if any exists,

(4)    The mailing address for each general partner and significant limited partner or the address of the registered office for service of process, if any exists,

(5)    If any of the partners are corporations or limited liability companies, the information required in subsection A1c of this Section for each corporation or limited liability company. (Ord. 5475, 7-20-2009)

c.    A corporation or limited liability company, the corporation or limited liability company shall state:

(1)    Its complete name,

(2)    The date of its incorporation or formation,

(3)    Evidence that the corporation or limited liability company is in good standing under the laws of the State of Washington,

(4)    The legal names, dates of birth, optional disclosure of Social Security numbers, and capacity of all officers, directors, members and significant stockholders, and satisfactory documentation that each is eighteen (18) years of age or older,

(5)    The name of the registered agent for the corporation or limited liability company,

(6)    The address of the registered office for service of process, and

(7)    In an affidavit from each officer, director, member or significant stockholder the relationship of each to the corporation or limited liability company. (Ord. 5475, 7-20-2009)

2.    If the applicant has had any criminal activity or is currently serving a sentence for a criminal activity, defined herein, within a five (5) year period immediately preceding the date of the application, and, if so, the criminal act involved and the date and place of the criminal activity.

3.    If the applicant has, within the last two (2) years, had a previous permit or license under this Chapter or other similar ordinances from any other jurisdiction denied, suspended, or revoked, and, if so, the name and location of the adult entertainment business for which the permit or license was denied, suspended, or revoked, the entity denying the same, as well as the date of the denial, suspension, or revocation.

4.    If the applicant holds any other permits and/or licenses for an adult entertainment business in the City or any other jurisdiction, and, if so, the names and locations of such other adult entertainment businesses.

5.    The type of adult entertainment business license that is the subject of the license application.

6.    The location of the proposed adult entertainment business, including a legal description of the property, street address, and telephone number(s).

7.    Two (2) two inch by two inch (2" x 2") color photographs of the applicant taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant’s expense.

8.    A driver’s license number and State or federally issued tax identification number for the applicant.

9.    A complete set of fingerprints of the applicant utilizing fingerprint forms prescribed by the Director.

10.    A sketch or diagram showing the configuration of the adult entertainment business, including a statement of total floor space occupied by the business. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").

11.    Applicants for a license shall have a continuing duty to promptly supplement application information required in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change by supplementing the application on file with the Director shall be grounds for suspension of a license.

12.    The license fee as established in this Chapter. (Ord. 4594, 4-8-1996)

5-12-5 ADULT ENTERTAINMENT BUSINESS LICENSE INVESTIGATION:

The Director shall refer an application for an adult entertainment business license to the following:

A.    Fire and Emergency Services Department and the Community and Economic Development Department for reports on compliance with all applicable fire, building and zoning codes of the City,

B.    The Seattle-King County Department of Public Health for a report on all applicable health codes of King County, and

C.    The Police Department for investigation and verification of compliance with applicable provisions of this Chapter related to criminal activity.

Each department shall submit a written response as to its recommendation on the issuance of a license along with specific reasons and applicable laws if the recommendation is disapproval of the license. Such reports shall be submitted within thirty (30) days from the date of the complete application for an adult entertainment business license. The Director or designee may conduct an on-site inspection of the adult entertainment business prior to issuing a license to ensure compliance with the requirements of this Chapter. (Ord. 4594, 4-8-1996; Ord. 5450, 3-2-2009; Ord. 5475, 7-20-2009)

5-12-6 ISSUANCE OF ADULT ENTERTAINMENT BUSINESS LICENSE:

A.    The Director shall issue an adult entertainment business license within forty five (45) days from the date of the application unless one or more of the criteria set forth in Section 5-12-7 of this Chapter is present.

B.    The license, if issued, shall state on its face the name of the person or persons to whom it is issued, the specific type of adult entertainment business, the expiration date, and the address of the adult entertainment business. The license shall have affixed to it one photograph of the applicant. The license shall expire one year from the date the license was issued. (Ord. 4594, 4-8-1996)

5-12-7 DENIAL OF ADULT ENTERTAINMENT BUSINESS LICENSE:

The Director shall deny the adult entertainment business license and shall notify the applicant in writing of such denial for any of the following reasons:

A.    The applicant is under eighteen (18) years of age.

B.    The applicant has failed to provide information required by the license application or this Chapter.

C.    The applicant has 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.

D.    The applicant is currently serving a sentence for a criminal activity as defined herein.

E.    The applicant is currently under suspension or revocation of a license related to adult entertainment issued by this City or any other jurisdiction for a violation which would be a violation under the provisions of this Chapter.

F.    The applicant is overdue on his/her payment to the City of fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to an adult entertainment business.

G.    The applicant has failed to comply with all applicable requirements of fire, building, zoning and/or health codes or laws of the City, County and/or State.

H.    The applicant has failed to comply with any provision or requirement of this Chapter. (Ord. 4594, 4-8-1996)

5-12-8 LICENSE REQUIRED FOR MANAGERS AND ENTERTAINERS OF ADULT ENTERTAINMENT BUSINESSES:

No person shall act as a manager or entertainer at any adult entertainment business without having first obtained a manager’s or entertainer’s license from the Director. (Ord. 4594, 4-8-1996)

5-12-9 MANAGER AND ENTERTAINER LICENSE APPLICATION:

An application for an adult entertainment business manager’s or entertainer’s license shall be made on forms provided by the Director and shall be signed by the applicant and notarized or certified to be true under penalty of perjury. The completed application shall contain a color photograph of the applicant to be taken by the Director and shall contain the following:

A.    The applicant’s name, any aliases or previous names, any stage names or nicknames used in entertaining, home address, home telephone number, date and place of birth, and optional disclosure of Social Security number.

B.    Whether the applicant had any criminal activity, defined herein, within a five (5) year period immediately preceding the date of the application, and, if so, the criminal act involved and the date and place of the criminal activity.

C.    The names and addresses of all employers or individuals or businesses for whom the applicant was an employee or independent contractor for the period of two (2) years immediately prior to the application date, and the time period of such employment.

D.    The name and address of each adult entertainment business at which the applicant intends to work as an entertainer.

E.    “Satisfactory documentation,” as defined herein, that the applicant is eighteen (18) years of age or older.

F.    Evidence of the applicant having been fingerprinted from the Police Department.

G.    The license fee as established in this Chapter. (Ord. 4594, 4-8-1996)

5-12-10 ISSUANCE OF LICENSE FOR MANAGER AND ENTERTAINER:

A.    The Director shall issue an entertainer or manager license promptly upon receipt of the completed application, evidence of fingerprinting by the Police Department, “satisfactory documentation,” as defined herein, that the applicant is eighteen (18) years of age or older and the license fee.

B.    The license shall state on its face the name of the person to whom it is issued and the expiration date. The license shall expire one year from the date the license was issued.

C.    The Director shall revoke a manager or entertainer license, for not more than one year, if such manager or entertainer had a criminal activity, as defined herein, in association with adult entertainment, within the preceding two (2) years for a misdemeanor or five (5) years for a felony. (Ord. 4594, 4-8-1996)

5-12-11 LICENSE RENEWAL:

A.    An application for renewal of a license issued under this Chapter shall:

1.    Be made on forms provided by the Director, signed by the applicant and notarized or certified to be true under penalty of perjury, and submitted to the Director no later than thirty (30) days prior to the expiration of such license; and

2.    Include payment of the license fees as established in this Chapter.

B.    All applicants for a license renewal shall present their current license for verification of identity, and upon issuance of a renewed license, shall surrender the expiring license to the Director.

C.    The Director shall renew a license upon submittal of the renewal application and review of the renewal application and applicant’s file, unless the Director is aware of facts from this review that would disqualify the applicant from being issued the renewal license; and further provided, that the application complies with all provisions of this Chapter. (Ord. 4594, 4-8-1996)

5-12-12 FEES:

Every person applying for a license under this Chapter shall pay the following nonrefundable fees with the license application:

A. Adult entertainment business

$750.00

B. Entertainer

$75.00

C. Manager

$75.00

D. License replacement

$5.00

(Ord. 4594, 4-8-1996)

5-12-13 EXEMPTIONS:

This Chapter shall not be construed to prohibit:

A.    A person appearing in a state of nudity or semi-nudity, modeling in a class operated by: a proprietary school, licensed by the State of Washington; a college, junior college, or university supported entirely or partly by taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation;

B.    Plays, operas, musicals, or other dramatic works that are not obscene;

C.    Classes, seminars, and lectures held for serious scientific or educational purposes that are not obscene; or

D.    Exhibitions, performances, expression or dances that are not obscene. (Ord. 4594, 4-8-1996)

5-12-14 LICENSE NONTRANSFERABLE:

No license issued pursuant to this Chapter shall be transferable. (Ord. 4594, 4-8-1996)

5-12-15 LICENSE – POSTING AND DISPLAY:

A.    Every adult entertainment business license shall be displayed in a prominent place within the adult entertainment business.

B.    Every entertainer and manager shall have his/her license in his/her work area so that it is readily available for inspection by government licensing or law enforcement personnel. (Ord. 4594, 4-8-1996)

5-12-16 HOURS OF OPERATION:

It is unlawful for any adult entertainment business to be conducted, operated, or otherwise open to the public between the hours of two o’clock (2:00) A.M. and ten o’clock (10:00) A.M. (Ord. 4594, 4-8-1996)

5-12-17 PERSONS UNDER EIGHTEEN PROHIBITED:

A.    It is unlawful for any person under the age of eighteen (18) years to be in any adult entertainment business;

B.    It is unlawful for any owner, manager, or other person in charge of any adult entertainment business to knowingly permit or allow any person under the age of eighteen (18) years to be in or upon such premises. (Ord. 4594, 4-8-1996)

5-12-18 ALCOHOL PROHIBITED:

Alcoholic beverages are prohibited from being served or present at any adult entertainment business except if the adult entertainment business licensee possesses a valid Washington State liquor license. (Ord. 4594, 4-8-1996)

5-12-19 RECORD KEEPING REQUIREMENTS:

A.    Within thirty (30) days following each calendar quarter, each adult entertainment business licensee shall file with the Director a report signed under penalty of perjury verifying the licensee’s gross receipts and amounts paid to entertainers for the preceding calendar quarter.

B.    Each adult entertainment business licensee shall maintain and retain for a period of two (2) years from the date of termination of employment, the names, addresses, Social Security numbers and ages of all persons employed or otherwise retained as entertainers by the licensee.

C.    Each adult entertainment business licensee shall maintain and retain for a period of two (2) years a record of the name and license of each entertainer by shift and date.

D.    The information required under this Section shall be provided to the Director or his/her designee within thirty (30) days of a written request made by the Director or his/her designee. (Ord. 4594, 4-8-1996; Ord. 5475, 7-20-2009)

5-12-20 INSPECTIONS:

(Rep. by Ord. 5475, 7-20-2009)

5-12-21 FACILITY SPECIFICATIONS FOR ADULT ENTERTAINMENT BUSINESSES PROVIDING ADULT LIVE ENTERTAINMENT:

Adult entertainment businesses providing adult live entertainment must meet the following facility specifications:

A.    Any adult entertainment business performance area shall be at least twenty four inches (24") in elevation above the level of the patron seating areas, and shall be separated by a distance of at least six feet (6') from all areas of the premises to which patrons have access. A continuous railing at least three feet (3') in height, attached to the floor, and located at least six feet (6') from all points of the adult live entertainment performance area shall separate any performance area and patron areas. Should any court of competent jurisdiction find the six foot (6') separation to be unconstitutional, and there is any lesser distance of separation that has been found constitutional or which the court finds constitutional, then this Section shall be deemed amended to provide for that lesser constitutional separation.

B.    Any adult entertainment business performance area must be visible from any entrance into the patron areas. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.

C.    No activity or entertainment occurring on the premises shall be visible at any time from any public place.

D.    No entertainer shall be visible from any public place during the entertainer’s hours of employment, or apparent hours of employment, on the premises.

E.    Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by patrons and customers. The standard for sufficient lighting shall be that during all hours of operation all objects are plainly visible and a program, menu, or list printed in 8-point type is readable by the human eye with 20/20 vision from two feet (2') away.

F.    Doors to areas on the premises which are available for use by persons other than the owner and/or manager, or their agents or employees, may not be locked during business hours. (Ord. 4594, 4-8-1996)

5-12-22 OWNER DUTIES:

The owner of any adult entertainment business is responsible for the following:

A.    The owner shall be responsible for ensuring that a licensed manager is on duty during all hours of operation of the adult entertainment business.

B.    The owner shall not knowingly allow a violation of this Code to exist or to continue to exist at the adult entertainment business. (Ord. 4594, 4-8-1996)

5-12-23 MANAGER DUTIES:

The manager of any adult entertainment business is responsible for the following:

A.    A licensed manager shall be on duty at any adult entertainment business during all hours of operation and shall be present in or have a view of any adult live entertainment performance area and areas of the adult entertainment business, excluding bathrooms, that are open to patrons and/or customers.

B.    The manager shall verify that any entertainer who provides adult live entertainment within the adult entertainment business possesses a current and valid entertainer’s license.

C.    The manager shall ensure that within six (6) hours after an entertainer has provided adult live entertainment, such entertainer shall not serve in any other capacity, including but not limited to being a licensed manager or waitperson.

D.    The manager shall ensure that all patrons and customers are at least eighteen (18) years of age.

E.    The manager shall not knowingly allow a violation of this Code to exist or to continue to exist at the adult entertainment business. (Ord. 4594, 4-8-1996)

5-12-24 STANDARDS OF CONDUCT APPLICABLE TO EMPLOYEES, ENTERTAINERS, PATRONS AND CUSTOMERS IN ADULT ENTERTAINMENT BUSINESSES PROVIDING ADULT LIVE ENTERTAINMENT:

A.    The following standards of conduct must be adhered to at all times by employees, entertainers, patrons and customers in adult entertainment businesses providing adult live entertainment:

1.    No employee or entertainer may appear nude in any part of the premises open to view of patrons and/or customers, except in an adult live entertainment performance area. No entertainer may perform anywhere on the premises except in an adult live entertainment performance area.

2.    No patron or customer shall go into or upon an adult live entertainment performance area.

3.    No employee or entertainer mingling with patrons or customers shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same.

4.    No employee or entertainer mingling with patrons or customers shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment facility unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than four feet (4') from the patrons or customers for whom the dance, performance or exhibition is being performed.

5.    No patron, customer, employee or entertainer shall engage in sexual activity on the premises of an adult entertainment facility.

6.    No employee or entertainer shall use artificial devices or inanimate objects to depict sexual activity.

7.    No entertainer shall be visible from any public place outside the premises during the entertainer’s hours of employment or actual hours of employment.

8.    No entertainer shall use any name other than the name(s) stated in the entertainer’s application for his/her entertainer license.

9.    No patron or customer shall give to any entertainer any gratuity or other payment, except for a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet (6') away from the adult live entertainment performance area.

10.    No entertainer shall solicit, demand, accept, or receive any gratuity or other payment from a patron or customer except for a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet (6') away from the adult live entertainment performance area.

11.    At least two (2) signs, in English, readable in block print from twenty feet (20') away shall be conspicuously displayed in the public area of the adult cabaret or adult theater stating the following:

    THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF RENTON:

a.    Entertainers and/or patrons are not permitted to engage in any type of sexual activity on the premises;

b.    Entertainers are not permitted to appear nude except in an adult live entertainment performance area;

c.    Entertainers are not permitted to perform except in an adult live entertainment performance area;

d.    Entertainers are prohibited from conducting any dance, performance or exhibition outside of the performance stage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of no less than four feet (4') from the patrons or customers for whom the dance, performance or exhibition is performed;

e.    Entertainers are not permitted to solicit, demand, accept, or receive any gratuity or other payment from a patron except a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet away from the adult live entertainment performance area;

f.    Patrons shall not give to any entertainer any gratuity or other payment, except for a gratuity for a performance in an adult live entertainment performance area. Any gratuity for such performance shall be placed in a receptacle located at least six feet away from the adult live entertainment performance area;

g.    Violations are subject to criminal prosecution.

12.    No person may operate or maintain any kind of warning device or system for the purpose of warning or aiding and abetting the warning of any employee, patron, customer or any other person that the police, health, fire or building inspectors or other public officials are approaching or have entered the premises. (Ord. 4594, 4-8-1994; Ord. 5475, 7-20-2009)

5-12-25 STANDARDS OF CONDUCT AND OPERATION APPLICABLE TO ADULT ENTERTAINMENT BUSINESSES THAT ARE ADULT ARCADES:

All adult entertainment businesses that are adult arcades having facilities for customers’ viewing of depictions of human nudity and/or sexual conduct of any nature, including depictions of “sexual activities,” as defined herein, shall comply with the following:

A.    Construction/Maintenance:

1.    Each viewing area shall be visible from a manager’s station at all times and shall not be obscured by any curtain, door, wall, other enclosure, merchandise, display racks or other materials. As used in this Section, “viewing area” means the area where a patron or customer may watch a film, video or other viewing device, and includes any station or booth for individual viewing.

2.    The premises shall be maintained in a clean and sanitary condition at all times.

3.    Sufficient lighting shall be provided and equally distributed in or about the parts of the premises which are open to and used by patrons and customers. The standard for sufficient lighting shall be that during all hours of operation all objects are plainly visible and a program, menu or list printed in 8-point type is readable by the human eye with 20/20 vision from two feet (2') away.

4.    Restrooms may not contain video reproduction equipment.

5.    No steps or risers are allowed in any adult arcade booth or station.

6.    No adult arcade station or booth shall have more than one seat. No seat within an adult arcade station or booth shall have any seat back or side that obscures the occupant of an adult arcade station or booth from view.

7.    The floor coverings in adult arcade stations or booths shall be nonporous, easily cleaned surfaces and shall not consist of rugs or carpeting.

8.    The wall and ceiling surfaces of adult arcade stations or booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material, and shall not consist of wood, plywood, composition board or other porous material within forty eight inches (48") of the floor.

9.    All ventilation devices between the adult arcade stations or booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot (1') from the top of the station or booth walls or one foot (1') from the bottom of the station or booth walls. There may not be any other holes or openings in the stations or booths.

10.    Doors to areas on the premises which are available for use by persons other than the owner and/or manager, or their agents or employees, may not be locked during business hours.

B.    Unlawful Conduct: The following conduct or activity is unlawful on the premises:

1.    Masturbation or sexual activity of any kind, and/or

2.    Two (2) or more customers in a viewing station or booth at the same time.

3.    No person may operate any kind of warning device or system for the purpose of warning or aiding and abetting the warning of any employee, patron, customer member or other persons that the police, health, fire or building inspector or other public officials are approaching or have entered the premises.

4.    No person under eighteen (18) years of age shall be permitted in such premises. The employees shall check identification of all patrons and customers upon entering the premises.

C.    Signs: At least two (2) signs, in English, readable in block print from twenty feet (20') away, shall be conspicuously displayed on the premises advising customers using viewing stations or booths that:

1.    Masturbation or sexual activity is prohibited and unlawful on the premises.

2.    It is unlawful for more than one customer to occupy a viewing station or booth at any time.

3.    Violations are subject to criminal prosecution. (Ord. 4594, 4-8-1996)

5-12-26 SUSPENSION OR REVOCATION OF LICENSE:

A.    The Director shall revoke or suspend, for not more than one year, any license issued under this Chapter, and shall notify the license holder in writing of such action, if the Director determines that the license holder has made with the intent to mislead a materially false statement in the application for a license or license renewal. “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.

B.    The Director shall revoke or suspend, for not more than two (2) years, any license issued under this Chapter, and shall notify the license holder in writing of such action, if the Director determines that the license holder:

1.    Has a misdemeanor “criminal activity”, as defined herein, arising out of an activity related to adult entertainment, while licensed under this Chapter;

2.    Is currently under suspension or revocation of a license related to adult entertainment issued by the City or any other jurisdiction for a violation which would be a violation under the provisions of this Chapter;

3.    Is adjudicated to be in violation of this Chapter, or in violation of a provision of another jurisdiction which would be a violation under this Chapter, in accordance with the adjudicative proceedings pertaining to this Chapter or by proceedings in another jurisdiction which would be equivalent to those of this Chapter.

C.    The Director shall revoke or suspend, for not more than five (5) years, any license issued under this Chapter, and shall notify the license holder in writing of such action, if the Director determines that the license holder:

1.    Has a felony “criminal activity,” as defined herein, arising out of an activity related to adult entertainment, while licensed under this Chapter;

2.    Commits an act referred to under subsection B above for the second time while licensed under this Chapter.

D.    Upon receipt of a suspension or revocation of a license, the license holder shall promptly deliver the license to the Director. However, if the suspension or revocation is appealed, the license holder need not deliver the license to the Director until the appeal process is completed. In the case of a license suspension, the Director shall return the license to the license holder at the expiration of the suspension period. (Ord. 4594, 4-8-1994)

5-12-27 DENIAL, SUSPENSION OR REVOCATION OF LICENSE – APPEAL:

The appeals procedure set forth in Section 4-8-110 for appeals of administrative determinations shall apply to appeals brought by any party aggrieved by actions of the Director pursuant to any section of this Chapter; except that each of the following shall also apply: (Amd. Ord. 4723, 5-11-1998)

A.    If an appeal is brought by any party aggrieved by action of the Director pursuant to any section of this Chapter the status quo shall be maintained pending resolution of the controversy and the Director shall not revoke or suspend the aggrieved party’s license prior to resolution of the matter by the Hearing Examiner.

B.    During the course of the appeal proceeding before the Hearing Examiner, the burden of proof shall be upon the Director or his/her designee. (Ord. 5475, 7-20-2009)

C.    If review of a decision of the Hearing Examiner is allowed by general law and is timely sought by any aggrieved party, the status quo shall be maintained pending resolution of the controversy and the Director shall not revoke or suspend the aggrieved party’s license prior to resolution of the matter. (Ord. 4594, 4-8-1996)

5-12-28 LIMITATIONS OF LIABILITY:

None of the provisions of this Chapter are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 4594, 4-8-1996)

5-12-29 CRIMINAL PENALTIES:

Any person violating any of the conduct provisions of this Chapter, Section 5-12-24 and Section 5-12-25, shall, upon conviction, be guilty of a misdemeanor and punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the City jail for not more than ninety (90) days, or both. (Ord. 4594, 4-8-1996)

5-12-30 CIVIL PENALTY:

Any person who violates any provision of this Chapter, except the conduct standards of Sections 5-12-24 and 5-12-25, shall be subject to a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation, to be directly assessed by the Director. The Director, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator, the gravity of the violation, the number of past and present violations committed, and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified in Section 1-3-2. (Ord. 4594, 4-8-1996; amd. Ord. 4723, 5-11-1998)

5-12-31 NUISANCE:

A.    Public Nuisance. Any adult entertainment 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 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 pursuant to the provisions contained in RMC 1-3-3, Nuisances, 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 any adult entertainment business contrary to the provisions of this chapter and/or RMC 1-3-3.

B.    Moral Nuisance. Any adult entertainment 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 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. 5475, 7-20-2009)

5-12-32 ADDITIONAL ENFORCEMENT:

Notwithstanding the existence or use of any other remedy, the Director may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of this Chapter or other regulation herein adopted. (Ord. 4594, 4-8-1996; Ord. 5475, 7-20-2009. Formerly RMC 5-12-31.)

5-12-33 SEVERABILITY:

If any portion of this Chapter as now or hereafter amended, or its application to any person or circumstance is held invalid or unconstitutional, such adjudication shall not affect the validity of the Chapter as whole, or any section, provision, or part thereof not adjudged to be invalid or unconstitutional, and its application to other persons or circumstances shall not be affected. (Ord. 4594, 4-8-1996; Ord. 5475, 7-20-2009. Formerly RMC 5-12-32.)

5-12-34 INTENT:

It is the intent of this Chapter to regulate conduct and not to unconstitutionally interfere with State or Federal constitutional rights. To the extent this Chapter implicates constitutional rights, it is the intent of this Chapter to impose only reasonable time, place, and manner restrictions on those constitutional rights. Any reviewing court should consider this statement of intent to arrive at an interpretation of this Chapter which is constitutional. (Ord. 4594, 4-8-1996; Ord. 5475, 7-20-2009. Formerly RMC 5-12-33.)