Chapter 6.28
SEXUALLY-ORIENTED ADULT ARCADES (PANORAMS)

Sections:

6.28.001    Definitions.

6.28.005    Adult arcade (panoram) location license.

6.28.010    Adult arcade (panoram) device license.

6.28.015    License fees.

6.28.020    License application-Report by county departments.

6.28.030    Inspection of adult arcade (panoram) premises.

6.28.040    Issuance of licenses.

6.28.050    Applicable general provisions of the license code.

6.28.060    Persons under 18 years of age prohibited.

6.28.070    Specifications of premises.

6.28.080    Unlawful acts.

6.28.001 Definitions.

The following words and phrases used in this chapter shall have the meanings set forth below unless the context indicates otherwise:

(1) "Adult entertainment" means any exhibition, performance or medium which is distinguished or characterized by:

(a) Acts of masturbation, sexual intercourse or sodomy; or

(b) Fondling or other touching of the human genitals, pubic region, buttocks or female breast; or

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

(d) Displays of less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or

(e) Human male genitals in a discernibly turgid state even if completely covered; or

(f) Any exhibition, performance or dance conducted in a premises where such exhibition, performance or dance is performed within the view of one or more members of the public and is intended or is likely to sexually stimulate any member of the public;

(g) Adult entertainment shall not include the following:

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

(ii) Classes, seminars and lectures which are held for serious scientific or educational purposes;

(iii) Exhibitions or dances which are not obscene.

(h) For this chapter, any exhibition, performance, dance or other medium is obscene:

(i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(ii) Which explicitly depicts or describes patently offensive representations or descriptions, applying contemporary community standards, of sexual conduct as described in RCW 7.48A.010(2)(b); and

(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value.

(2) "Employee" means any and all persons who work in or at or render any services directly related to the operation of an adult arcade (panoram) premises regardless of whether that person meets the criteria of a statutory employee, common law employee or independent contractor.

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

(4) "Member of the public" is defined as any customer, patron or person, other than an employee, who is invited or admitted to an adult arcade.

(5) "Panoram premises" or "adult arcade" means any premises on 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.

(6) "Panoram," "preview," "picture arcade," "adult arcade device," "panoram device," or "peep show" means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view or other graphic display of adult entertainment. The terms panoram and 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 or by SCC 6.36.

(7) "Panoram station" means the portion of any panoram premises on which a panoram device is located and from which the panoram picture, view or graphic display is to be viewed.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 2, June 24, 1996, Eff date July 6, 1996).

6.28.005 Adult arcade (panoram) location license.

It is unlawful to display, exhibit, expose, or maintain upon any premises, any adult arcade device which is used by a viewer in a booth or stall, without a license to do so, to be designated a "panoram location license"; provided that no license is required if all such devices are contained in a single common area and are not separated by partitions, screens, booths or any other physical barrier or obstruction; provided, further, that no license is required if no fee, membership fee, deposit, purchase, or other charge is paid for using or viewing the adult arcade device or for entering or remaining upon the premises. Each place of business shall have a separate license and the same shall at all times be conspicuously posted and maintained therein. The licensing authority shall prescribe the form of such license, number the same, and shall indicate thereon the number of such devices to be operated thereunder, and the location.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 3, June 24, 1996, Eff date July 6, 1996).

6.28.010 Adult arcade (panoram) device license.

It is unlawful to own and exhibit or display for use, or to place by lease or otherwise for use, exhibit or display with another, any adult arcade device without a license to be designated a "panoram device license" for each device. Panoram device licenses shall be issued for devices at specific locations only and shall not be transferable. The licensing authority shall prescribe the form of such licenses and number the same. Panoram device licenses shall be securely attached to each such device in a conspicuous place.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 4, June 24, 1996, Eff date July 6, 1996).

6.28.015 License fees.

The license year shall be from January 1st to December 31st. Annual fees shall be as follows:

(1) Panoram location license two hundred sixty-five ($265.00) per year for each location;

(2) Panoram device license one hundred twenty-five ($125.00) per year for each device.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 5, June 24, 1996, Eff date July 6, 1996).

6.28.020 License application-Report by county departments.

Any person seeking a panoram location license or panoram device license shall file a written application with the licensing authority for that purpose. The licensing authority, upon presentation of such application and before acting upon the same, shall refer such application to the sheriff’s office, which shall make a full investigation as to the truth of the statements contained therein, and shall forward the location license applications only to the fire marshall, the Snohomish health district, and the department of planning and development services, which shall investigate and provide information to the licensing authority concerning compliance of the premises and devices sought to be licensed with this and other applicable county and state health, zoning, building, fire and safety ordinances and laws.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 6, June 24, 1996, Eff date July 6, 1996).

6.28.030 Inspection of adult arcade (panoram) premises.

(1) Applicants for any license authorized to be issued under this chapter shall allow the premises and devices sought to be licensed to be inspected in accordance with subsection (2) of this section by authorized inspectors from the licensing authority, sheriff’s office, fire marshal’s office, Snohomish health district, and department of planning and development services.

(2) Licensees operating premises and devices licensed under this chapter shall hold open for routine regulatory inspections by the county during normal business hours, those areas upon the premises which are accessible to the public.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 7, June 24, 1996, Eff date July 6, 1996).

6.28.040 Issuance of licenses.

(1) After an investigation, the licensing authority shall issue the applicable license or licenses authorized by this chapter if the licensing authority finds:

(a) That the business for which a license is required herein 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 county, as well as the requirements of this chapter;

(b) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the licensing authority;

(c) That the applicant has not had a panoram location, or panoram device license revoked by the county within two years of the date of the application; and

(d) That the applicant, and all employees, agents, partners, directors, officers, or managers of the applicant have attained the age of 18 years.

(2) The decision of the licensing authority regarding issuance of any license shall be rendered within 30 days of the date of filing of the application.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Reenacted Ord. 96-055 § 2, July 17, 1996).

6.28.050 Applicable general provisions of the license code.

(1) The provisions included in Snohomish County Code chapter 6.01, including those governing suspension or revocation of licenses and appeals therefrom, are applicable to the administration and enforcement of all licenses required by this chapter.

(2) If provisions in the specific licensing regulations of this chapter are inconsistent with the provisions of Snohomish County Code chapter 6.01, the provisions in the specific licensing regulations of this chapter shall control.

(3) The provisions of Snohomish County Code Chapter 6.30.020 through 6.30.055 shall apply to managers and employees of adult arcades.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 8, June 24, 1996, Eff date July 6, 1996).

6.28.060 Persons under 18 years of age prohibited.

(1) It is unlawful for any person under the age of 18 years to be in or upon any premises for which a panoram location license is required.

(2) It is unlawful for any owner, operator, manager, or other person in charge of premises for which a panoram location license is required, to knowingly permit or allow any person under the age of 18 years to be in or upon such premises.

(Reenacted Ord. 96-055 § 3, July 17, 1996).

6.28.070 Specifications of premises.

(1) The entire interior of the panoram premises shall be arranged in such a manner so that each panoram station therein is entered from a continuous main aisle at least five feet (5') in width.

(2) The view from the continuous main aisle of any person inside a station shall not be obstructed except by a door, curtain or other screening device of no greater dimensions than that permitted in this section; and in no event may the view from the continuous main aisle into the station be obstructed, or the station be designed in such a way as to prevent the determination of the number of persons therein.

(3) The bottom of any door, curtain or screening device shall not be less than twenty-seven inches (27") above the floor of the panoram station in panoram stations where the occupant sits in a chair or on a seating surface to view the panoram. In panoram stations where the occupant stands to view the panoram, the bottom of any door, curtain or screening device shall not be less than thirty-six inches (36") above the floor of the panoram station.

(4) No panoram station having a door, curtain or other screening device at its entrance shall contain any chair or other seating surface unless the door, curtain or screening device provides, at a location between sixty-six inches (66") and seventy-eight inches (78") above the floor, an opening twelve inches (12") in height and at least twenty-four inches (24") in width which provides an unobstructed view through either open space or clear and clean window glass, to the side walls and back wall of the station. Any chair or seating surface in such panoram station shall not provide a seating surface more than twenty inches (20") in either length or width and shall not be higher than twenty (20") inches from the floor. There shall be no more than one (1) such chair or seating surface in any panoram station.

(5) Doors to areas on the premises which are available for use by persons other than the licensee or employees of the licensee shall not be locked during business hours.

(6) 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. A copy of the Washington State Liquor Control Board card, printed in eight-point type, is shown in Figure 1. It or an accurate photocopy or other reproduction thereof is presumed admissible in any judicial proceedings commenced under this chapter.

(7) The entire floor area of a panoram station must be level with the continuous main aisle. No steps or risers are allowed in any such station.

(8) There shall be permanently posted and maintained in at least two conspicuous locations on the interior of every panoram premises a sign stating substantially the following: "Occupancy of any station (booth) is at all times limited to only one person. There is to be no masturbation in the panoram stations (booths) or on the panoram premises. Violators are subject to criminal prosecution under SCC 6.01.220."

(9) The licensee shall not operate or maintain any warning system or device, of any nature or kind, for the purpose of warning customers or patrons or any other persons occupying panoram stations located on the licensee’s premises that sheriff’s deputies or county health, fire, licensing, or building inspectors are approaching or have entered the licensee’s premises.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 9, June 24, 1996, Eff date July 6, 1996).

6.28.080 Unlawful acts.

The following unlawful acts are punishable under the criminal penalties identified in SCC 6.01.220C:

(1) A panoram station subject to the requirements of this chapter may only be occupied by one (1) person at any one time. It is unlawful for any person to occupy such a station at the same time it is occupied by any other person.

(2) It is unlawful to stand or kneel on any chair or seating surface in a panoram station.

(3) It is unlawful for any owner, operator, manager, employee or other person in charge of premises for which a panoram location license is required, to warn, or aid and abet the warning of, customers or patrons or any other persons occupying panoram stations located on the licensee’s premises that sheriff’s deputies or county health, fire, licensing or building inspectors are approaching or have entered the licensee’s premises.

(4) It shall be unlawful to masturbate in a panoram station or in the panoram premises.

(Added Ord. 94-128, § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended Ord. 96-043, § 10, June 24, 1996, Eff date July 6, 1996).