Chapter 5.40
CABARETS*

Sections:

5.40.010    Business activity defined.

5.40.020    Applicability of chapter.

5.40.030    License – Required.

5.40.040    License – Fees.

5.40.050    License – Application – Issuance.

5.40.060    License – Term.

5.40.070    License – Transfer.

5.40.080    Enforcement.

5.40.090    Delinquent license fees.

5.40.100    Collection action by city.

5.40.110    Lewd entertainment or exhibition unlawful.

5.40.120    Topless employees unlawful.

*For the statutory provisions authorizing code cities to regulate the use of alcoholic beverages, see Chapter 35A.66 RCW. For the statutes regarding the regulation and control of alcohol, see RCW Title 66.

5.40.010 Business activity defined.

(1) As used in this chapter, “business activity” means the furnishing of a dining room, restaurant, eating place or tavern where meals or beverages are served for consumption on the premises and:

(a) Dancing is permitted other than to music furnished by mechanical means only; or

(b) Music or other entertainment, other than solely by mechanical means, is offered to the patrons; provided, however, this chapter shall not apply to private parties being held in public places, private clubs or to establishments where nonmechanical music is supplied without any charge to the owner, lessee, or operator of such establishment and no dancing is allowed in any part of such establishment.

(2) Establishments wherein such business activity is conducted shall not be considered “public dance halls”. (Ord. 1856 § 1, 1977; Ord. 1053 § 1, 1960; Ord. 325 § 1, 1938).

5.40.020 Applicability of chapter.

This chapter shall not be construed as imposing a license fee upon the sale or privilege of selling beer, nor on any other intoxicating liquor, but rather as imposing a license fee solely on the business or privilege of furnishing music, entertainment and/or the privilege to dance in connection therewith. (Ord. 325 § 2, 1938).

5.40.030 License – Required.

It is unlawful or any person to engage in or carry on any such business activity or privilege without first paying for and procuring a license so to do, as hereinafter provided for. (Ord. 325 § 3, 1938).

5.40.040 License – Fees.

There is levied and shall be collected from the owner, licensee or operator of any establishment wherein any such business activity mentioned in LMC 5.40.010 is conducted an annual license fee in the sum of $100.00 for each such business activity where dancing by patrons is permitted, and in the sum of $50.00 for each such business activity where dancing is prohibited. (Ord. 1053 § 2, 1960; Ord. 325 § 1, 1938).

5.40.050 License – Application – Issuance.

Every person desiring to engage in any such business activity or privilege in the city shall make application for a license so to do to the city clerk at his office upon a form to be furnished by the city clerk, in which shall be stated the residence of the applicant and the place where said business is proposed to be conducted. If the city clerk finds the application to be correct, he shall issue a license in accordance therewith. (Ord. 325 § 4, 1938).

5.40.060 License – Term.

The license fee hereinbefore provided for shall be for the calendar year, and each applicant shall pay the full license fee for the current calendar year, or balance thereof, for which such application is made, at the time of applying for such license. Every license issued hereunder shall expire December 31st next following its date of issue. (Ord. 325 § 5, 1938).

5.40.070 License – Transfer.

Each and every license granted hereunder shall be personal to the licensee and shall not be assignable or transferable, except upon payment of a transfer fee of $1.00 and upon obtaining approval thereof from the city clerk. (Ord. 325 § 6, 1938).

5.40.080 Enforcement.

It shall be the duty of the city clerk to require all parties engaging in any such business activity or privilege, as hereinbefore provided for, to procure such license and pay the fee therefor, and should there be any license fee unpaid for by any person, it shall be the duty of the city clerk to enforce the collection thereof in the manner in this chapter provided for. (Ord. 325 § 7, 1938).

5.40.090 Delinquent license fees.

If any person required to pay a license fee by this chapter fails or refuses to pay his license fee for any year as hereinbefore provided, he shall not be granted a license for the current year until such delinquent license has been paid in addition to the current fee required. (Ord. 325 § 8, 1938).

5.40.100 Collection action by city.

If any person required to pay a license fee by this chapter fails or refuses to pay the same for any year as herein provided for, such fee may be collected by the city in a proper action brought for the purpose. This remedy is cumulative and not exclusive. (Ord. 325 § 9, 1938).

5.40.110 Lewd entertainment or exhibition unlawful.

It is unlawful in any cabaret to give or permit any entertainment or exhibition of a lewd, suggestive, vulgar or immoral type, or to use therein any indecent or obscene language. (Ord. 1634 § 1, 1973).

5.40.120 Topless employees unlawful.

It is unlawful for any cabaret owner, manager, or operator to knowingly permit or cause any entertainer, waiter or waitress or other employee to appear in any cabaret with his or her breasts exposed to public view. (Ord. 1634 § 1, 1973).