Chapter 5.20
CABARET DANCES
Sections:
5.20.010 Cabaret dance defined.
5.20.020 License required – Fees – Payment.
5.20.030 Application.
5.20.031 License – Criteria for approval – Reapplication – Appeals.
5.20.035 Renewals.
5.20.040 License regulations.
5.20.045 Criteria for suspension or revocation of license.
5.20.050 Conduct at dances.
5.20.060 Exceptions.
5.20.070 Penalty for violation.
5.20.010 Cabaret dance defined.
As used in this chapter, “cabaret dance” is construed to mean a dance held or permitted in connection with a business where intoxicating liquors are sold or consumed. (Ord. 2546 § 2 (part), 2010: Ord. 253 § 1, 1961).
5.20.020 License required – Fees – Payment.
(A) It is unlawful for any person, firm or corporation to operate or conduct a cabaret dance within the city without first having obtained and being the holder of a valid and subsisting license to do so, to be known as a “Cabaret Dance License.” The fee for any such cabaret dance license shall be set by council resolution. The entire annual license fee shall be payable for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year. Annual license renewals shall be payable in full on February 1st of each subsequent calendar year of operation.
(B) No license to conduct a cabaret dance shall be granted unless the applicant therefor is of good moral character. (Ord. 2546 § 2 (part), 2010: Ord. 1480 § 7, 1989: Ord. 739 § 1, 1976: Ord. 404 § 1, 1966: Ord. 253 § 2, 1961).
5.20.030 Application.
(A) Application for any such license shall be submitted by the applicant at least thirty (30) days prior to the first dance. The applicant shall submit an application in writing to the finance director upon such forms as the finance director may prescribe. In addition to any other information requested on the form, the applicant shall state the name and place of residence of the applicant, the address and description of the premises to be licensed, and the dates, times, and number of dances to be held.
(B) The finance director in conjunction with the police department shall conduct a review as to the truth of the statements contained therein and review all other matters pertaining to the criteria for license approvals set forth in Section 5.20.031. The police department shall report the results of such review to the finance director, as well as the police department’s other findings as to whether the criteria for obtaining a cabaret license have been met. (Ord. 2546 § 2 (part), 2010: Ord. 1566 § 1 (part), 1990: Ord. 1396 § 1, 1987: Ord. 820 § 1, 1978: Ord. 253 § 3, 1961).
5.20.031 License – Criteria for approval – Reapplication – Appeals.
(A) The finance director shall grant a license unless the finance director finds that one or more of the following conditions exist:
(1) The building, structure, equipment or location of the business for which the license is sought does not comply with the requirements or fails to meet the standards of the applicable health, zoning, building, fire and safety laws of the state, King County, and the city, or other requirements of this chapter;
(2) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall has been convicted within the last ten (10) years of:
(a) A felony involving a crime of violence as defined in RCW 9.41.012(2) as it now exists or is hereafter amended or any felony under RCW Chapters 9A.44, 9A.64, 9A.88 or 69.50, where such felony directly relates to the operation or conduct of a cabaret dance or an establishment offering cabaret dancing; or
(b) A crime involving prostitution, or promoting prostitution, prostitution loitering or lewd conduct, where such crime directly relates to the operation or conduct of a cabaret dance or an establishment offering cabaret dancing.
(3) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the dance or dance hall, or any combination thereof, have been cited for three (3) or more liquor license violations by Washington State Liquor Control personnel within the last year.
(B) Any applicant denied a license may reapply and be granted a license if the applicant can show that the basis for such denial no longer exists.
(C) An applicant may appeal the determination of the finance director to the city council by filing a written notice of appeal with the finance director within ten (10) days from the date of notice of denial. The notice of appeal shall contain a statement of the reasons for the appeal. Failure to file a timely notice of appeal shall result in a waiver of any right to appeal. (Ord. 2546 § 2 (part), 2010: Ord. 1829 §§ 1, 2, 1995; Ord. 1566 § 1 (part), 1990: Ord. 1396 § 2, 1987).
5.20.035 Renewals.
Application for annual license renewals shall be made to the finance director upon such forms as the finance director may prescribe and shall be subject to the approval of the chief of police or designee who shall review the conduct of cabaret dances by the licensee for the preceding year or portion thereof in determining whether such license should be renewed; provided, that a decision not to renew may be appealed to the city council for its determination as in the case of original applications under Section 5.20.030. (Ord. 2546 § 2 (part), 2010: Ord. 820 § 2, 1978).
5.20.040 License regulations.
The license granted under this chapter shall be personal to the applicant and shall not be transferable, nor shall the license fees paid hereunder be refundable except by action of the city council. Each license shall at all times be conspicuously displayed. Upon the revocation of a license for a violation of this chapter, the unearned portion of the license fee shall be forfeited to the city. (Ord. 2546 § 2 (part), 2010: Ord. 253 § 5, 1961).
5.20.045 Criteria for suspension or revocation of license.
(A) The finance director may suspend or revoke any and all cabaret licenses whenever:
(1) Any of the conditions set forth in subsection 5.20.031(A) occurs or is found to exist during the term for which the license is issued; or
(2) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the licensed premises have obtained the license or permit by fraud, misrepresentation or concealment; or
(3) The applicant or any of the applicant’s officers, directors, partners, operators, employees or any other person involved in the operation of the licensed premises has violated any provision of this chapter in connection with said operation.
(B) The procedure to be followed in revoking or suspending a cabaret license shall be that set forth in Chapter 5.04 of the Redmond Municipal Code for suspension or revocation of a business license. (Ord. 2546 § 2 (part), 2010: Ord. 1829 § 3, 1995).
5.20.050 Conduct at dances.
Each and every cabaret dance licensed hereunder shall at all times be conducted in an orderly manner, shall be policed to the satisfaction of the city authorities, without cost to the city, by the licensee and minors shall not be allowed therein. No dance shall continue later than two a.m. (Ord. 2546 § 2 (part), 2010: Ord. 253 § 4, 1961).
5.20.060 Exceptions.
This chapter shall not apply to dances conducted for a public benefit or by a nonprofit organization. (Ord. 2546 § 2 (part), 2010: Ord. 253 § 6, 1961).
5.20.070 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished as provided in Section 1.01.110. (Ord. 2546 § 2 (part), 2010: Ord. 253 § 8, 1961).