Chapter 6.25
ADULT ENTERTAINMENT DANCE STUDIOS, ADULT ENTERTAINERS AND ADULT ENTERTAINMENT DANCE STUDIO MANAGERS

Sections:

6.25.010    General provisions.

6.25.020    Definitions.

6.25.030    Adult entertainment dance studio license required.

6.25.040    Prima facie evidence of adult entertainment dance studio.

6.25.050    Adult entertainment dance studio license -- Application, issuance.

6.25.060    Other licenses/permits not waived.

6.25.070    Adult entertainment dance studio license --Renewal.

6.25.080    License for managers and adult entertainers required.

6.25.090    Manager’s and adult entertainer’s license -- Application, issuance.

6.25.100    Manager’s or adult entertainer’s license -- Renewal.

6.25.110    Adult entertainment dance studio regulations.

6.25.112    Manager on premises.

6.25.115    Additional requirements for adult entertainment dance studios.

6.25.117    Standards of conduct.

6.25.120    Inspections.

6.25.125    Activities not prohibited -- Liquor licenses.

6.25.130    Enforcement.

6.25.135    Suspension and revocation.

6.25.140    Disclaimer.

6.25.150    Civil penalty.

6.25.160    Criminal penalty.

6.25.170    Public nuisance.

6.25.180    Nonexclusive remedies.

6.25.190    Severability.

6.25.010 General provisions.

Unless specified otherwise in this chapter, the general provisions contained in chapter 6.01 SCC shall not apply to the licenses required under this chapter.

(Added Ord. 86-099, § 59, November 12, 1986).

6.25.020 Definitions.

For the purpose of this chapter the words and phrases used in this section shall have the following meanings unless the context otherwise requires:

(1) "Adult entertainment" means:

(a) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose 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 wearing any device or covering exposed to view which simulates the appearance of any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely covered; or

(b) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:

(i) Human genitals in a state of sexual stimulation or arousal;

(ii) Acts of human masturbation, sexual intercourse or sodomy; or

(iii) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or

(c) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.

(2) "Adult entertainer" means any person who provides live adult entertainment within an adult entertainment dance studio as defined in this section whether or not a fee is charged or accepted for such entertainment.

(3) "Adult entertainment dance studio" means any premises to which any member of the public is invited or admitted and where adult entertainment is provided on a regular basis as a substantial part of the premises activity.

(4) "Applicant control person" means: (1) if a sole proprietorship, the sole proprietor; (2) if a non-publicly held partnership, whether general or limited, each partner and their respective ownership interest; or (3) if a non-publicly held corporation, every officer, director, shareholder owning 51% or more interest and any shareholder owning 50% or less who hold a significant interest in the business based on responsibility for management.

(5) "Employee" means any and all persons, including manager and adult entertainers, who work in or at or render any services directly related to the operation of an adult entertainment dance studio, regardless of whether that person is deemed statutory employee, common law employee or independent contractor.

(6) "Manager" means any person who manages, directs, administers or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any premises offering adult entertainment.

(7) "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult entertainment dance studio.

(8) "Operator" means any person operating, conducting or maintaining an adult entertainment dance studio.

(9) "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, limited liability company, limited liability partnership or other legal entity, however organized.

(10) "Sexual conduct" means acts of: (a) sexual intercourse within its ordinary meaning; or (b) any contact between persons involving the sex organs of one person and the mouth or anus of another; or (c) masturbation, manual or instrumental, of oneself or of one person by another; or (d) touching of the sex organs or anus, of oneself or of one person by another.

(11) "Licensing authority" means the duly elected auditor of Snohomish county or any duly authorized representative.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 96-045, § 5, June 24, 1996, Eff date Sept. 26, 1997; Amended Ord. 97-077, § 2, Aug 27, 1997, Eff date Sept. 26, 1997).

6.25.030 Adult entertainment dance studio license required.

No person shall operate an adult entertainment dance studio without a valid adult entertainment dance studio license issued by the licensing authority.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 87-101, § 3, November 23, 1987; Amended Ord. 96-045, § 6, June 24, 1996, Eff date Sept. 26, 1997).

6.25.040 Prima facie evidence of adult entertainment dance studio.

It shall be prima facie evidence that a business is an adult entertainment dance studio when one or more adult entertainers displays or exposes any portion of the breast below the top of the areola or any portion the pubic region, anus, buttocks, vulva and/or genitals.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 96-045, § 7, June 24, 1996, Eff date Sept. 26, 1997).

6.25.050 Adult entertainment dance studio license -- Application, issuance.

(1) Application for an adult entertainment dance studio license shall be made to the licensing authority on a form prepared and made available by the licensing authority.

(2) An application for an adult entertainment dance studio license shall be signed by the applicant and shall contain or set forth the following information:

(a) The name, any aliases or previous names, address, telephone number, driver’s license number, if any, social security number, if any and principal occupation, and age of the applicant and each applicant control person;

(b) The name, address, and principal occupation of the managing agent or agents of the business;

(c) For the applicant and each applicant control person, list any other licenses currently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panorams, as defined in SCC 30.28.015(5)(f) and (0), whether from the county or another city, county or state, and the names and addresses of each licensed business;

(d) For the applicant and each applicant control person, list prior licenses held for similar adult entertainment or sexually oriented businesses, whether from the county or from another city, county or state, providing the 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;

(e) For the applicant and all applicant control persons, list any and all criminal convictions or forfeitures within five years immediately preceding the date of 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;

(f) 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 application;

(g) The business name, business address, and the business telephone number of the establishment or proposed establishment together with a description of the nature of the business and a scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment dance studio, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance 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 entertainment dance studio shall include building plans which demonstrate conformance with this chapter;

(h) Any applicant or applicant control person registered with the Washington Secretary of State shall submit a current certificate of good standing;

(i) The names, addresses, telephone numbers and principal occupation of every person, partnership, or corporation having any interest in the real or personal property utilized or to be utilized by the business or proposed business;

(j) Authorization for the county, its agents and employees to seek information to confirm any statements set forth in the application;

(k) Each applicant shall verify, under penalty or perjury, that the information contained in the application is true.

(3) The licensing authority may request other information or clarification when necessary to determine compliance with this chapter.

(4) Each application shall be accompanied by a non-refundable fee as provided in SCC 6.01.050(2). The fee shall not be prorated.

(5) As soon as practicable following receipt of a completed application for an adult entertainment dance studio license, the licensing authority shall transmit copies of the application to the sheriff, health officer, fire marshal, and department of planning and development services for their investigation and review to determine compliance of the proposed adult entertainment dance studio with the laws and regulations which each department administers. Each department shall, within 25 days of the date of such application, inform the licensing authority in writing of the results of its investigation and review. No license may be issued unless each department reports that the application and premises comply with the relevant laws.

(6) Within 30 days of receipt of a completed application for an adult entertainment dance studio license and payment of the fee, the licensing authority shall issue the license, except that the licensing authority shall deny the application if issuance of a license is prohibited by SCC 6.25.050(6) or if the licensing authority determines that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. A person aggrieved by denial of a license under this subsection may appeal the denial to the Snohomish county hearing examiner. The appeal shall be filed and processed as set forth in chapter 2.02 SCC.

(7) An adult entertainment dance studio license shall expire on December 31 of the year in which it is issued.

(8) An adult entertainment dance studio license shall not be issued to any person under the age of 18 years.

(9) An adult entertainment dance studio 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 establishment.

(10) A license issued to an adult entertainment dance studio is not transferable.

(11) It is the responsibility of the licensee issued a license under this section to keep the information on the license current at all times.

(12) The licensee shall notify the licensing authority of any change in address, business name, or in the officers, directors or partners of such business, within 14 days of any such change and shall supply the same information as required for an initial adult entertainment dance studio license application.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 87-101, § 4, November 23, 1987; Amended Ord. 96-045, § 8, June 24, 1997, Eff date Sept. 26, 1997; Amended Ord. 97-077, § 3, Aug. 27, 1997, Eff date Sept. 26, 1997; Ord. 02-098, December 9, 2002, Eff date February 1, 2003).

6.25.060 Other licenses/permits not waived.

(1) The issuance of an adult entertainment dance studio license shall not be construed or act as absolving the licensee of complying with the requirements of any governmental agencies, including, but not limited to, federal, state, city and county laws or ordinances relating to buildings, fire, health, sanitation, zoning, taxation, public safety, and all other requirements and conditions provided by law.

(2) The filing of an application for a license under this chapter shall not give the applicant the right to engage in the activity covered prior to the issuance of a license.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 96-045, § 9, June 24, 1997, Eff date Sept. 26, 1997)

6.25.070 Adult entertainment dance studio license --Renewal.

An adult entertainment dance studio license may be renewed by following the application procedure set out in SCC 6.25.050. It shall be the duty of the licensee to make application for renewal prior to the expiration of an outstanding license. A decision of the licensing authority to deny an application for renewal shall be stayed and the prior license shall remain in effect during administrative and judicial review of that decision.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 96-045, § 10, June 24, 1997, Eff date Sept. 26, 1997; Amended Ord. 97-077, § 4, Aug. 27, 1997, Eff date Sept. 26, 1997).

6.25.080 License for managers and adult entertainers required.

No person shall work as a manager or adult entertainer without a valid manager’s or adult entertainer’s license issued by the licensing authority.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 87-101, § 5, November 23, 1987; Amended Ord. 96-045, § 11, June 24, 1997, Eff date Sept. 26, 1997).

6.25.090 Manager’s and adult entertainer’s license -- Application, issuance.

(1) Application for a manager’s or adult entertainer’s license shall be made to the licensing authority on a form prescribed by the licensing authority.

(2) An application for a manager’s or adult entertainer’s license shall be verified and shall contain or set forth the following information:

(a) The applicant’s name, home addresses (current and former), home telephone number, date of birth, social security number, alias (past or present), and stage name;

(b) The business name and address where the applicant intends to dance or work;

(c) Authorization for the county, its agents and employees to investigate and confirm any statement set forth in this application.

(3) With the application the applicant shall present documentation that he or she has attained the age of 18 years. Any of the following shall be accepted as documentation of age:

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

(b) An identification card issued by any governmental agency bearing the applicant’s date of birth and photograph;

(c) An official passport issued by the United States of America;

(d) An immigration card issued by the United States of America.

(4) Each applicant shall be photographed and fingerprinted as set out in SCC 6.01.046.

(5) Each application shall be accompanied by a non-refundable fee as provided in SCC 6.01.050(2). The fee shall not be prorated.

(6) Upon receipt of a completed application for a manager’s or adult entertainer’s license and proof of compliance with SCC 6.25.090(4) required by this chapter, the licensing authority shall issue the license. As soon as possible, following the issuance of a manager’s or adult entertainer’s license, the licensing authority shall transmit copies of the application and license to the sheriff’s office.

(7) A manager’s or adult entertainer’s license shall expire on December 31 of the year in which it is issued.

(8) A manager’s or adult entertainer’s license shall entitle a manager or adult entertainer to perform or work only at the location indicated on the manager’s or adult entertainer’s license. If a manager or adult entertainer changes his or her location where employed or performing during the license term, the license certificate must be returned to the licensing authority for reissuance, upon payment of the fee set out in SCC 6.01.050(2), indicating the new location of employment.

(9) A manager’s or adult entertainer’s license shall not be issued to any person under the age of 18.

(10) It is the responsibility of all managers and adult entertainers issued a license under this section to keep the information on their license current and accurate at all times.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 87-101, § 6, November 23, 1987; Amended Ord. 96-045, § 12, June 24, 1997, Eff date Sept. 26, 1997; Amended Ord. 97-077, § 5, Aug. 27, 1997, Eff date Sept. 26, 1997).

6.25.100 Manager’s or adult entertainer’s license -- Renewal.

A manager’s or adult entertainer’s license may be renewed by following the application procedure set out in SCC 6.25.090. It shall be the duty of the licensee to make application for renewal prior to the expiration of an outstanding license.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 96-045, § 13, June 24, 1997, Eff date Sept. 26, 1997).

6.25.110 Adult entertainment dance studio regulations.

(1) No person shall advertise, or cause to be advertised, an adult entertainment dance studio without a valid adult entertainment dance studio license issued pursuant to this chapter.

(2) No later than March 1 of each year an adult entertainment dance studio licensee shall file a verified report with the licensing authority showing the licensee’s gross receipts for the preceding calendar year.

(3) An adult entertainment dance studio licensee shall maintain and retain for a period of two years the names, addresses, and ages of all adult entertainers and managers.

(4) No adult entertainment dance studio licensee shall employ as a manager or adult entertainer a person under the age of 18 years or a person not licensed pursuant to this chapter.

(5) No person under the age of 18 years shall be admitted to an adult entertainment dance studio.

(6) An adult entertainment dance studio shall be closed between 2:00 a.m. and 8:00 a.m.

(7) No adult entertainment dance studio licensee shall serve, sell, distribute, or suffer the consumption or possession of any intoxicating liquor or controlled substance upon the premises of the licensee.

(8) An adult entertainment dance studio license issued pursuant to this chapter shall be conspicuously displayed at the place of businesses during normal business hours.

(9) Manager and adult entertainer licenses issued pursuant to this chapter shall be maintained on the premises of the business during normal business hours.

(10) No adult entertainment shall be visible outside of the adult entertainment dance studio, nor any photograph, drawing, sketch or other pictorial or graphic representation which includes lewd matter as defined in RCW 7.48A or display of sexually explicit material in violation of RCW 9.68.130.

(11) No member of the public shall be permitted during normal business hours to enter into any of the non-public portions of the adult entertainment dance studio, which shall include but are not limited to: the dressing rooms of the adult entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas. Provided, that persons delivering goods and materials, food or beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into non-public areas to the extent required to perform their job duties.

(Added Ord. 86-099, § 59, November 12, 1986; Amended Ord. 87-101, § 7, November 23, 1987; Amended Ord. 96-045, § 14, June 24, 1997, Eff date Sept. 26, 1997; Amended Ord. 97-077, § 6, Aug. 27, 1997, Eff date Sept. 26, 1997).

6.25.112 Manager on premises.

(1) A licensed manager shall be on duty at an adult entertainment dance studio premises at all times that adult entertainment is being provided. The name of the manager on duty shall be prominently displayed during business hours.

(2) The licensed manager on duty shall not be an adult entertainer. It shall be the responsibility of the manager to verify that any employee or adult entertainer working or performing within the establishment possesses a current and valid employee’s or adult entertainer’s license as required by this chapter.

(3) The license manager shall not permit any violations of this chapter to occur.

(Ord. 96-045, § 15, June 24, 1997, Eff date Sept. 26, 1997).

6.25.115 Additional requirements for adult entertainment dance studios.

Every adult entertainment dance studio shall be physically arranged in such a manner that:

(1) Performance Area. The performance area of the adult entertainment dance studio where adult entertainment is performed shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least 6 feet from all areas of the premises to which members of the public have access. A continuous railing three to five feet in height above the floor and located at least six feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.

(2) Illumination. Sufficient lighting shall be provided in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times and all parts of such premises shall be illuminated so that patrons or others on any part of the premises shall be able to read the Washington State Liquor Control Board card or other written instrument, printed in eight-point type.

(3) Signs. A sign at least two feet by two feet, with letters at least one inch high shall be conspicuously displayed in the public area(s) of the adult entertainment dance studio, stating each of the following:

(a) A list of any and all adult entertainment provided on the premises with the specific fee or charge in dollar amounts for each adult entertainment listed; and

(b) "THIS ADULT ENTERTAINMENT DANCE STUDIO IS REGULATED BY SNOHOMISH COUNTY. DANCERS ARE:

A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT

B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE

C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE

D. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA."

(Ord. 96-045, § 16, June 24, 1997, Eff date Sept. 26, 1997).

6.25.117 Standards of conduct.

The following standards of conduct must be adhered to by employees of any adult entertainment dance studio while in any area in which members of the public are allowed to be present:

(1) No employee or adult entertainer shall be unclothed or in such 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 except upon a stage at least 18 inches above the immediate floor level and removed at least 6 feet from the nearest member of the public.

(2) No employee or adult entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subdivision (1) of this section, nor shall any male employee or adult entertainer appear at any time with his genitals in a discernibly turgid state, even if completely and opaquely covered.

(3) No employee or adult entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast of a female below the top of the areola, vulva, genitals, anus, buttocks, or any portion of the pubic region or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(4) No employee or adult entertainer shall caress, fondle or erotically touch any member of the public.

(5) No employee or adult entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or adult entertainer.

(6) No employee or adult entertainer shall sit on the lap of a member of the public or separate the legs of a member of the public.

(7) No employee or adult entertainer shall perform simulated nonobscene acts of sexual conduct except upon a stage at least 18 inches above the immediate floor level and removed at least 6 feet from the nearest member of the public.

(8) No employee or adult entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the non-stage areas of the adult entertainment dance studio unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than 4 feet from the member or members of the public for whom the dance, performance or exhibition is performed.

(9) No tip or gratuity offered to or accepted by an adult entertainer may be offered or accepted prior to any performance, dance or exhibition provided by the adult entertainer. No adult entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the adult entertainer by any member of the public. Any gratuity offered to any adult entertainer performing upon the stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment dance studio or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer or employee conducting any performance, dance or exhibition in or about the non-stage area of the adult entertainment dance studio shall be placed into the hand of the adult entertainer or employee or into a receptacle provided by the adult entertainer or employee, and not upon the person or into the clothing of the adult entertainer or employee.

(10) No employee or adult entertainer shall perform actual acts of sexual conduct as defined in this chapter, or any act which constitutes a violation of RCW 7.48A, the Washington Moral Nuisances Statute.

(Ord. 96-045, § 17, June 24, 1997, Eff date Sept. 26, 1997).

6.25.120 Inspections.

All books and records required to be kept pursuant to this chapter shall be open to inspection by the licensing authority, sheriff, or their agents during the hours when the adult entertainment dance studio is open for business. The purpose of such inspection shall be to determine if the books and records meet the requirements of this chapter.

(Added Ord. 86-099, § 59, Nov. 12, 1986; Amended Ord. 87-101, § 8, Nov. 23, 1987; Amended Ord. 96-045, § 18, June 24, 1997, Eff date Sept. 26, 1997).

6.25.125 Activities not prohibited -- Liquor licenses.

(1) This chapter shall not be construed to prohibit:

(a) Plays, operas, musicals or other dramatic works which are not obscene;

(b) Classes, seminars and lectures held for serious scientific or educational purposes; or

(c) Exhibitions or dances which are not obscene.

These exemptions shall not apply to the sexual conduct defined in SCC 6.25.020(10), or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).

(2) Whether or not an activity is obscene shall be judged by consideration of the following factors:

(a) Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and

(b) Whether the activity depicts or describes in a patently offensive way, as measured against contemporary community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and

(c) Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.

(3) This chapter does not apply to taverns and premises maintaining liquor licenses and which are subject to the rules and regulations of the Washington State Liquor Control Board.

(Ord. 96-045, § 19, June 24, 1997, Eff date Sept. 26, 1997; Amended Ord. 97-077, § 7, Aug. 27, 1997, Eff date Sept. 26, 1997).

6.25.130 Enforcement.

The licensing authority and/or sheriff are authorized and directed to enforce the terms and provisions of this chapter.

(Added Ord. 86-099, § 59, Nov. 12, 1986; Amended Ord. 87-101, § 9, Nov. 23. 1987; Amended Ord. 96-045, § 20, June 24, 1997, Eff date Sept. 26, 1997).

6.25.135 Suspension and revocation.

(1) The licensing authority may, at any time upon the recommendation of the sheriff or as provided below suspend or revoke any license issued under this chapter:

(a) Where such license was procured by fraud or false representation of fact; or

(b) For the violation of, or failure to comply with the provisions of this chapter or any other similar local or state law by the licensee or by any of its servants, agents or employees when the licensee knew or should have known of the violations committed by its servants, agents, or employees; or

(c) For the conviction of the licensee of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances as defined in RCW Article 69.50 committed on the premises, or the conviction of any of the licensee’s servants, agents or employees of any crime or offense involving prostitution, promoting prostitution, or transactions involving controlled substances as defined in RCW Article 69.50 committed in the licensed premises when the licensee knew or should have known of the violations committed by its servants, agents or employees.

(2) 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 licensing authority shall suspend a license issued under this chapter for 30 days for the first violation, 90 days for the second violation and 120 days for the third and subsequent violations within a 24 month period, not including periods of suspension.

(3) No license suspended under the provisions of this chapter may be renewed during any period of suspension.

(4) The licensing authority may revoke a license upon the grounds for a suspension when a license has been suspended three times within a 24 month period, not including periods of suspension.

(5) The procedure for suspension and revocation is initiated by the service of a notice and order issued by the licensing authority, pursuant to SCC 6.01.135 and 6.01.140. The notice and order must be served on the licensee by certified mail or in person and will effectively suspend or revoke the license 15 days after service unless the licensee effectively appeals the notice and order. The procedure for appeal of the notice and order is set out in SCC 6.01.151 which allows for a review by the Snohomish county hearing examiner. The appeal shall be filed and processed as set forth in the provisions of chapter 2.02 SCC. During the hearing, the licensing authority shall have the burden of proof to establish the violations giving cause to suspend or revoke the license. The decision of the hearing examiner will become a final decision if no appeal is filed within 10 days of receipt of the final decision of the hearing examiner. The licensee then has the right to appeal the hearing examiner’s decision by writ of certiorari under RCW 7.16 and SCC 2.02 to the Snohomish County Superior Court. The enforcement powers of the licensing authority to suspend or revoke licenses granted under this chapter are stayed during the appeal to the hearing examiner, superior court and all judicial review.

(Ord. 96-045, § 21, June 24, 1997, Eff date Sept. 26, 1997).

6.25.140 Disclaimer.

The provisions of SCC 6.01.111 apply to licenses and activities governed by this chapter.

(Added Ord. 86-099, § 59, November 12, 1986).

6.25.150 Civil penalty.

The provisions of SCC 6.01.210 apply to licenses and activities governed by this chapter.

(Added Ord. 86-099, § 59, November 12, 1986).

6.25.160 Criminal penalty.

The provisions of SCC 6.01.220 apply to licenses and activities governed by this chapter.

(Added Ord. 86-099, § 59, November 12, 1986).

6.25.170 Public nuisance.

The provisions of SCC 6.01.225 apply to licenses and activities governed by this chapter.

(Added Ord. 86-099, § 59, November 12, 1986).

6.25.180 Nonexclusive remedies.

The provisions of SCC 6.01.226 apply to licenses and activities governed by this chapter.

(Added Ord. 86-099, § 59, November 12, 1986).

6.25.190 Severability.

If any portion of this chapter, or its application to any person or circumstance, is held invalid, the remainder or application to other persons or circumstances shall not be affected.

(Added Ord. 86-099, § 59, November 12, 1986).