Chapter 5.30
DANCE STUDIOS
Sections:
5.30.005 Intent.
5.30.010 Definitions.
5.30.020 License—Application.
5.30.025 Temporary license—Issuance.
5.30.030 License—Issuance.
5.30.040 Unlawful conduct.
5.30.045 Allowing minor in adult entertainment establishment.
5.30.050 Inspection.
5.30.060 Manager—License issuance.
5.30.070 Entertainer—License issuance.
5.30.080 Denial or revocation of license.
5.30.090 Appeal of license suspension or revocation.
5.30.093 Stay of license suspension or revocation.
5.30.095 Penalties.
5.30.100 Severability.
5.30.005 Intent.
This chapter is intended to protect the general public health, safety and welfare of the citizenry of the city through the regulation of the operations of adult entertainment establishments. The regulations set forth in this chapter are intended to prevent health and safety problems in and around entertainment establishments and to prevent dangerous and unlawful conduct in and around adult entertainment establishments. (Ord. 94-24 § 1, 1994).
5.30.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
1. “Code administration manager” means the code administration manager for the city of Yakima; or his/her designee.
2. “Adult entertainment establishment” means any premises to which the adult public, patrons or members are invited or admitted and wherein any employee or other person provides, exhibits or performs adult entertainment to or for a member of the adult public a patron or a member.
3. “Entertainer” means any person who performs or provides adult entertainment on the premises of an adult entertainment establishment, whether or not a fee is charged or accepted for adult entertainment.
4. “Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult entertainment premises.
5. “Operator” is any person who owns, operates, maintains or conducts an adult entertainment establishment.
6. “Manager” means any person, other than an operator, as defined in subsection 5 of this section, who supervises, manages, directs, administers or is in charge of any portion of any activity involving adult entertainment occurring at any place offering adult entertainment.
7. “Person” means any natural person, partnership, corporation or any combination thereof.
8. “Adult entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance, conducted in premises where such exhibition or dance involves the exposure to view of any portion of the breast below the top of the areola or any portion of the pubic hair, anus, buttock, vulva and/or genitals.
9. “Substantial connection” means:
a. In a sole proprietorship, an individual who owns, operates or conducts, directly or indirectly, the adult entertainment establishment; or
b. In a partnership, an individual who shares in any potential profits of the adult entertainment establishment; or
c. In a corporation, an individual who is an officer, director, or a holder (directly or beneficially) of more than ten percent of any class of stock; or
d. An individual who furnishes more than ten percent of the capital financing of such adult entertainment establishment, whether in cash, goods or services. (Ord. 94-24 § 2, 1994: Ord. 2081 § 1 (part), 1977).
5.30.020 License—Application.
A. It is unlawful for a person to own, conduct or operate an adult entertainment establishment unless such establishment is licensed as provided in this chapter. The fee for an adult entertainment establishment license and renewal shall be one thousand dollars per year. The license shall expire one year from the date of its issuance.
B. No license or renewal of a license to conduct or operate an adult entertainment establishment shall be issued or renewed except upon written application to the code administration manager, signed and sworn to by the person who will conduct or operate the adult entertainment establishment for which application is made. Such application shall be made on forms furnished by the code administration manager and shall contain the following information:
1. The business name, business address and telephone number of the adult entertainment establishment for which the license is sought;
2. In relation to each natural person having a substantial connection with the adult entertainment establishment for which a license or renewal is sought:
a. True name and any other name by which commonly known,
b. Residence address and telephone number,
c. Date and place of birth,
d. Length of residence in Yakima County; if less than one year, prior address outside Yakima County,
e. Nature of relationship to the adult entertainment establishment for which a license or renewal is sought,
f. Within ten years of date of application, whether each person has pleaded guilty to or forfeited bail, or has pending against that person, or been convicted of violating any law other than traffic offenses, of any jurisdiction; if so, full circumstances thereof, including, but not limited to, date, court and case disposition;
3. In relation to each corporation or partnership having a substantial connection with the adult entertainment establishment for which a license or renewal is sought:
a. Name of the corporation or partnership,
b. Name of the registered agent and address of registered office,
c. Primary office address, if different from above,
d. Date and place of incorporation,
e. Date and place of filing of articles,
f. Nature of relationship to the adult entertainment establishment for which license or renewal is sought,
g. Names and residence addresses of all officers, directors, limited or general partners, and holders (directly or beneficially) of more than ten percent of any class of stock;
4. Such other and further information as the code administration manager may deem necessary or desirable for the purpose of enforcing or otherwise administering the provisions of this chapter. (Ord. 98-2 § 1, 1998: Ord. 94-24 § 3, 1994: Ord. 3143 § 6, 1988; Ord. 3002 § 6, 1987; Ord. 2926 § 7, 1985; Ord. 2838 § 7, 1985; Ord. 2736 § 7, 1983; Ord. 2081 § 1 (part), 1977).
5.30.025 Temporary license—Issuance.
Upon the filing of a complete application for issuance or renewal of an adult entertainment establishment license, manager’s license or entertainer’s license, the code administration manager shall issue a temporary license. Such temporary license shall be effective for a period of fifteen days or until a final decision on issuance of a permanent license has been made. Additional temporary licenses shall be issued for fifteen-day periods up until a final determination on the permanent license has been made. Temporary licenses may be suspended or revoked as provided in this chapter. (Ord. 97-59 § 1, 1997).
5.30.030 License—Issuance.
A. Upon the filing of any application for issuance or renewal of an adult entertainment establishment license, the code administration manager shall refer the application to the chief of the Yakima police department who shall cause an investigation to be made of the applicant or applicants, including the statements in the application form, and who shall furnish a written report to the code administration manager of the results of such investigation, including a recommendation as to whether a license should be issued.
The code administration manager shall investigate the premises and report compliance with all applicable city codes for which the code administration manager is responsible for enforcement.
If, from the reports mentioned in the preceding paragraphs and other information concerning the applicant or applicants, the premises and person having a substantial connection with such establishment or proposed establishment, the code administration manager deems the application to comply with all of the conditions required for licensing hereunder, the code administration manager shall issue or renew the license for which application was made.
B. Each adult entertainment establishment license shall be issued for a specific premises, the location of which shall be designated by street address on the license document. Adult entertainment establishment licenses shall not be transferable from one location to any other location, nor from one licensee to another to operate the adult entertainment establishment at the same location.
C. The code administration manager shall not issue or renew any license under this chapter if the information received by the code administration manager indicates that:
1. Any knowingly false statement was made in the license application;
2. Any person having a substantial connection with such establishment or proposed establishment within ten years of the date of application has pleaded guilty to or has currently pending against that person, or forfeited bail, or been convicted of violation of any law of any jurisdiction for prostitution; pandering; pimping; lewd conduct; sexual misconduct; indecent exposure; rape in the first, second or third degree; indecent liberties; rape of a child in the first, second or third degree; child molestation in the first, second or third degree; sexual misconduct with a minor in the first or second degree; any violation of this chapter; or other substantially similar crimes; or
3. Any premises on which an adult entertainment establishment is sought to be located fails to meet health, safety, fire, zoning or other valid standards established by regulations and ordinances governing health and safety; provided, however, denial under this subsection shall be without prejudice to future application. (Ord. 94-24 § 4, 1994: Ord. 2081 § 1 (part), 1977).
5.30.040 Unlawful conduct.
A. It is unlawful for the licensee or manager of an adult entertainment establishment to:
1. Employ or otherwise allow any unlicensed person to act as a manager or entertainer at an adult entertainment establishment;
2. Permit to remain in an adult entertainment establishment any person under eighteen years of age;
3. Conduct or operate an adult entertainment establishment between the hours of two a.m. and eight-thirty a.m. of the same day;
4. Conduct or operate an adult entertainment establishment which is not physically arranged in such a manner that:
a. The stage on which adult entertainment is provided shall be visible from the common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever, temporary or permanent,
b. No adult entertainment occurring on the premises shall be visible at any time from any public place;
5. Conduct or operate an adult entertainment establishment unless a clearly readable sign is conspicuously posted at or near each public entrance to the studio, which sign is printed in letters at least one inch tall and which reads substantially as follows:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF YAKIMA;
6. Conduct or operate an adult entertainment establishment wherein there is not sufficient lighting in and about all parts of the premises which are open to and used by the public so that all objects are plainly visible at all times;
7. Lock, bar entry, or fit with lock devices any enclosed room or cubicle within the studio where dancing is performed, at any time the premises are open to the public;
8. Own, operate or conduct an adult entertainment establishment without a licensed manager in such establishment at all times such establishment is open to the public;
9. Allow any person, other than an employee, in any area other than a public restroom of an adult entertainment establishment, including any booths, cubicles, rooms or stalls, which is not completely visible from all common areas of the premises;
10. Post and conspicuously display in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed;
11. Allow any performance or any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, vulva, buttocks, genitals or anus to be visible outside of the licensed premises;
B. It is unlawful for the licensee or manager to permit, allow or commit, or for any other person to commit, any of the following:
1. No employee or entertainer shall be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breast below the top of the areola or any portion of the pubic hair, anus, buttocks, vulva or genitals except as provided for in subdivision 7 of this subsection.
2. No employee or entertainer mingling with the patrons shall be unclothed or in such attire, costume or clothing as described in subdivision 1 above.
3. No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of that employee or entertainer or of any other person.
4. No employee or entertainer shall touch, fondle or caress any patron, or other employee or entertainer for the purpose of arousing or exciting the sexual desires of such patron, other employee or entertainer, or of any other person; sit on a patrons lap or separate a patron’s legs.
5. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, buttocks or any portion of the pubic hair.
6. No employee, entertainer other person shall perform actual acts, or acts which simulate:
a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;
b. The touching, caressing or fondling of the breasts, buttocks or genitals; or
c. The displaying of the pubic hair, anus, vulva or genitals, except as provided for in subdivision 7 of this subsection.
7. A licensed entertainer, only, may be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic hair, vulva, genitals, anus or buttocks, but only when upon a stage at least eighteen inches above the immediate floor level and removed by at least six feet from the nearest patron.
8. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.
9. The owner, operator or manager shall immediately remove from the licensed premises any person who exposes to public view any portion of the breast below the top of the areola, or any portion of the pubic hair, anus, buttocks, vulva or genitals except as expressly provided for in subdivision 7 of this subsection.
10. a. An entertainer mingling with a member of the public may not conduct a dance, performance, or exhibition on or about the nonstage area of the adult entertainment establishment unless that dance, performance, or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance, or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public.
b. An entertainer performing upon a stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon a stage area must be placed into a receptacle provided for receipt of gratuities by the management of the adult entertainment establishment or provided through a manager on duty on the premises.
c. A gratuity or tip offered to an entertainer conducting a performance, dance, or exhibition on or about the nonstage area of the adult entertainment establishment must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer. A receptacle attached or affixed to the clothing or person of the entertainer does not comply with this section.
d. No entertainer at a place offering adult entertainment shall demand or collect all or any portion of a fee from a patron for entertainment before its completion.
11. No entertainer shall be visible from any public place during the hours of his or her employment, or apparent hours of such employment on the premises.
C. Exterior signs and any interior sign or notice visible to the public may announce the name of the business and the nature of the business by the term “adult entertainment,” “adult theater” or “adult use establishment” but shall not contain any representation of the human body or make any statement pertaining to the human body, whether of entertainers, patrons or the public.
D. It is unlawful for any person to be employed in an adult entertainment establishment or offer to dance in an adult entertainment establishment at a time when it is unlicensed under this chapter.
E. This section shall not be construed to prohibit:
1. Plays, operas, musicals, dances or other dramatic works which are not obscene; or
2. Classes, seminars and lectures held for serious scientific or educational purposes;
3. Exhibitions or dances which are not obscene;
F. For purposes of subsection D, above, an activity is “obscene” if:
1. Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex;
2. The activity depicts patently offensive representations of: ultimate sexual acts, normal or perverted, actual or simulated; or masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal, mutilation, dismemberment, rape or torture; and
3. The activity taken as a whole lacks serious literary, artistic, political or scientific value.
G. For purposes of subsection C of this section, an activity is “dramatic” if the activity is of, relating to, devoted to, or concerned specifically or professionally with current drama or the contemporary theater.
H. This chapter shall not be deemed to permit any activity, in taverns, bars, cocktail lounges, or any premises maintaining liquor licenses, not permitted by the State Liquor Control Board. This chapter shall not be deemed to permit any activity contrary to Section 6.10.020; prohibiting nudity and semi-nudity on licensed premises. (Ord. 99-2 § 1, 1999: Ord. 94-24 § 5, 1994: Ord. 2081 § 1 (part), 1977).
5.30.045 Allowing minor in adult entertainment establishment.
It is unlawful for the licensee or manager of an adult entertainment establishment to knowingly allow a person under the age of eighteen years to be on the premises of an adult entertainment establishment. (Ord. 97-17 § 1, 1997).
5.30.050 Inspection.
A. Any police officer of the Yakima police department may visit and inspect all portions of any dance studio which are open to the public or to which a person may gain entrance for a fee, charge or other consideration at any time when such establishment appears open for business for the purpose of ascertaining if such establishment is being operated in compliance with this chapter and Section 6.04.375 of the Yakima Municipal Code.
B. It is unlawful for a person to hinder or obstruct in any way an officer in the performance of his or her duty under subsection A of this section. (Ord. 2081 § 1 (part), 1977).
5.30.060 Manager—License issuance.
A. It is unlawful for any person to be employed as or act as a manager, as defined in Section 5.30.010, without a valid license. The fee for a license application shall be one hundred dollars per calendar year or portion thereof. Application for such license or renewal shall be made to the code administration manager.
B. All applications for issuance or renewal of a manager’s license shall be made to and filed with the code administration manager on forms furnished by the code administration manager for such purpose, and be accompanied both by a certified copy of applicant’s birth certificate and a color photograph of the applicant approximately one inch square. Such photograph, if the license applied for is issued, shall be affixed thereto in a manner designed to discourage alteration or substitution of photographs.
This application shall state the true name of the applicant and any other names the applicant may have used, together with such other information as the code administration manager may deem necessary or desirable for the purpose of enforcing or otherwise administering this chapter. Applicants shall not be less than eighteen years of age.
C. If the code administration manager finds that such application for license or renewal is in proper form, the code administration manager shall refer all applications with photographs to the chief of the Yakima police department who shall cause an investigation to be made of the applicant, including the statements in the application, and who shall furnish a report to the code administration manager of the results of such investigation, including a recommendation as to whether a license should be issued.
D. The code administration manager shall examine the reports and recommendations described herein and, if from the reports and other information concerning the background and character of the applicant, the code administration manager deems that the applicant has complied with all of the conditions required for licensing hereunder, the code administration manager shall issue or renew the license applied for to the applicant.
E. Each manager license shall be issued to a specific person named in the license document to manage an adult entertainment establishment at a specific location designated by street address in the license document. Manager licenses shall not be transferable to any person or adult entertainment establishment location other than as specified in the license document.
F. The code administration manager shall not issue or renew any license under this section if the information received by the code administration manager indicates that:
1. Any knowingly false statement was made in the application;
2. The applicant, within ten years of the date of application, has pleaded guilty to, forfeited bail on, or has currently pending against applicant, or been convicted of violating any law, of any jurisdiction, for prostitution; pandering; pimping; lewd conduct; sexual misconduct; indecent exposure; rape in the first, second or third degree; indecent liberties; rape of a child in the first, second or third degree; child molestation in the first, second, or third degree; sexual misconduct with a minor in the first or second degree; any violation of this chapter; or other substantially similar crimes. (Ord. 98-2 § 2, 1998: Ord. 94-24 § 6, 1994: Ord. 2081 § 1 (part), 1977).
5.30.070 Entertainer—License issuance.
A. It is unlawful for any person to be employed as or act as an entertainer, as defined in Section 5.30.010(3), unless that person is the holder of a valid entertainer’s license issued pursuant to this chapter. The fee for an entertainer’s license shall be one hundred dollars per calendar year, or portion thereof. Application for such license or renewal shall be made to the code administration manager.
B. All applications and requirements for issuance of an entertainer’s license shall be the same as for a manager license, as set forth in Section 5.30.060, except that any license issued under the provisions of this section shall be valid for employment in any adult entertainment establishment licensed under this chapter. (Ord. 98-2 § 3, 1997: Ord. 94-24 § 7, 1994: Ord. 2081 § 1 (part), 1977).
5.30.080 Denial or revocation of license.
A. Any application for issuance or renewal of any license pursuant to this chapter shall not be accepted by the code administration manager unless accompanied by the appropriate license fee. In the event an application for a license is refused, the amount tendered as the license fee shall not be returned to the applicant but shall be retained by the city to defray the cost of examination and investigation.
B. Every license issued or renewal pursuant to this chapter shall expire at midnight of the day a year from the date of issuance.
C. In addition to other penalties provided herein or by other applicable law, the code administration manager shall have the right to suspend or revoke any license issued pursuant to this chapter upon a showing that any establishment or person licensed hereunder has operated in violation of the provisions of this chapter or has permitted or engaged in unlawful conduct on the premises. No license under this chapter shall be revoked unless the code administration manager has first notified the parties in writing of a date not less than five days subsequent to the date of service of the notice, at which time the parties so notified may appear, in person and be represented by counsel, before the code administration manager and show cause why the license should not be suspended or revoked. (Ord. 94-24 § 8, 1994: Ord. 2081 § 1 (part), 1977).
5.30.090 Appeal of license suspension or revocation.
A. The Yakima city council shall have jurisdiction to hear appeals from the following orders of the code administration manager:
1. Denial of a license or licenses for which application is made pursuant to this chapter;
2. Suspensions or revocations of licenses issued pursuant to this chapter.
B. The aggrieved party shall have the right to appeal the code administration manager’s order of denial, suspension or revocation by giving a written notice to the code administration manager within seven days after the entry of the order from which the appeal is taken. The notice shall specify every ground relied on by the appealing party as reasons for reversal by the city council of the order of the code administration manager from which the appeal is taken. The notice of appeal shall specify an address at which the appellant may be given notice of hearing on the appeal.
C. After the timely filing of such an appeal, the Yakima city council shall set a time and place, not more than thirty days from the date of receipt of such notice of appeal, for a hearing thereon. At the hearing the appellant shall be entitled to appear in person, be represented by counsel, and offer evidence in support of the grounds relied on by appellant to reverse the order of the code administration manager.
D. Within ten days from the date of the hearing before the city council, the council shall either affirm or reverse the order of the code administration manager from which the appeal was taken; and a written notice of the decision of the council shall forthwith be served on the appellant or mailed to the address specified by appellant for giving the notice of appeal under subsection B of this section. The decision so made by the council shall be final. (Ord. 94-24 § 9, 1994: Ord. 2081 § 1 (part), 1977).
5.30.093 Stay of license suspension or revocation.
A. All suspensions or revocations under this chapter shall be effective immediately upon issuance of an order of the code administration manager.
B. Filing a notice of appeal of an order of the code administration manager shall stay the suspension or revocation of a license issued pursuant to this chapter and until final review by the Yakima city council.
C. An aggrieved party may seek review of a decision of the city council by a court of competent jurisdiction. The aggrieved party may, within thirty days of the city council’s decision, stay a suspension or revocation upheld by the final decision of the Yakima city council. Such a stay shall commence upon the aggrieved party filing with a court of competent jurisdiction an action seeking review and serving on the city notice of the action. A stay so initiated will be effective during the pendency of the action. (Ord. 96-38 § 1, 1996).
5.30.095 Penalties.
In addition to those penalties and actions provided in Sections 5.01.010(B), 5.01.040, and 5.01.050 of this code, any person knowingly violating any of the provisions of this chapter is a disorderly person and is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment in the city jail facility for not more than ninety days or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of any provision of this chapter occurs or continues shall be deemed a separate and distinct offense. (Ord. 94-24 § 10, 1994).
5.30.100 Severability.
Should any section, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. (Ord. 2081 § 1 (part), 1977).