Chapter 5.20 ADULT ENTERTAINMENT

Chapter 5.20
ADULT ENTERTAINMENT

Sections:

5.20.010 Findings of fact.

5.20.020 Purpose and intent.

5.20.030 Definitions.

5.20.040 Licenses required.

5.20.050 Adult entertainment business license – Application process.

5.20.060 Adult entertainment business license – Grounds for denial.

5.20.070 Manager and entertainer licenses – Application process.

5.20.080 Manager licenses and entertainer licenses – Grounds for denial.

5.20.090 License duration and renewal.

5.20.100 License fees.

5.20.110 Adult clubs – Facility specifications.

5.20.120 Adult clubs – Operating requirements and standards of conduct.

5.20.130 Adult arcades – Facility specifications.

5.20.140 Adult arcades – Operating requirements and standards of conduct.

5.20.150 Adult theaters – Facility specifications.

5.20.160 Adult theaters – Operating requirements and standards of conduct.

5.20.170 Permission to inspect.

5.20.180 Notice of appeal.

5.20.190 Date, time, place for hearing.

5.20.200 Scope of matters considered in appeal.

5.20.210 Waiver of right to appeal.

5.20.220 Action after hearing.

5.20.230 Appeal from hearing examiner.

5.20.240 Stay during appeal.

5.20.250 Grounds for suspension and revocation of licenses.

5.20.260 Nonobscene performances, dramatic works, classes, seminars or lectures not prohibited.

5.20.270 Limitations of liability.

5.20.280 Criminal penalty.

5.20.290 Additional remedies.

5.20.300 Liquor regulations.

5.20.010 Findings of fact.

The Covington city council makes the following findings of fact based on the evidence of conduct occurring in and around adult entertainment businesses as reported in O’Day v. King County, 109 Wn.2d 796 (1988) and as reported in public testimony and other evidence, information, documents and other materials received by the King County council, including but not limited to the legislative record supporting King County Ordinance No. 7216, adopted in 1985; Ordinance 9915, adopted in 1991; King County Ordinance 13546 and Ordinance 13548. The Covington city council also makes the following findings having taken legislative notice of the evidence of conduct occurring in and around adult entertainment businesses located in other jurisdictions, which the council hereby deems to be relevant to the experience in Covington, as reported in judicial opinions including but not limited to Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), Ino Ino, Inc. v. City of Bellevue, 132 Wn.2c 103 (1997), DCR, Inc. v. Pierce County, 92 Wn.App. 660 (1998) and Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998) and as reported in the studies and findings of other city and County legislative bodies that have also adopted ordinances regulating adult entertainment businesses, including but not limited to the counties of King, Kitsap, Pierce, Snohomish and Spokane and the cities of Bellevue, Bothell, Everett, Federal Way, Kent, Lake Forest Park, Redmond, Renton, Seattle, Shoreline and Tukwila.

(1) The operation of adult entertainment businesses has historically and regularly been accompanied by secondary effects that are detrimental to the public health, safety, morals and general welfare of the citizens of Covington. Such secondary effects include significant criminal activity and activities injurious to the public health, safety, morals and general welfare of the community, detrimental effects on nearby businesses and residential areas and a decline in property values in the area of the adult entertainment businesses. This history of criminal and injurious activity includes prostitution, narcotics and liquor law violations, breaches of the peace, assaults, employment or involvement of minors, sexual conduct between customers or between customers and entertainers, the opportunity for the spread of sexually transmitted diseases and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants. Accordingly, there is a compelling need and interest to regulate adult entertainment businesses as provided in this chapter to protect and promote the public health, safety, morals and general welfare of the citizens of Covington;

(2) These activities occur regardless of whether adult entertainment is presented in conjunction with the sale of alcoholic beverages;

(3) The resources available for responding to problems associated with adult entertainment businesses are limited and are most efficiently and effectively utilized through a licensing and regulatory program;

(4) The license fees required in this chapter are necessary as reasonable fees imposed to help defray the costs of processing the license applications and the substantial expenses incurred by Covington in regulating the adult entertainment industry;

(5) Adult entertainment businesses have historically engaged in practices that involve secreting ownership interests for such purposes as money laundering, skimming profits and tax evasion. These hidden ownership interests have, on occasion, been held by individuals and entities reputed to be involved in organized crime. To detect and discourage the involvement of organized crime in the adult entertainment industry, to effectively deploy its limited law enforcement resources and to effectively protect the public health, safety, morals and general welfare of its citizenry, the city must be fully apprised of the actual and controlling interests of adult entertainment businesses and the identities and criminal backgrounds of persons responsible for he management and control of such businesses;

(6) To detect and discourage the involvement of organized crime in the adult entertainment industry, to prevent the exploitation of minors, to assure the correct identification of persons working in adult entertainment businesses, to effectively deploy its limited law enforcement resources and to effectively protect the public health, safety, morals and general welfare of its citizenry, the city must be fully apprised of the identity, age and criminal background of managers in adult entertainment businesses;

(7) It is necessary to have a licensed manager on the premises of an adult entertainment business during all hours of operation so there will be a person responsible for the overall operation of the business, including the actions of customers, entertainers and other employees. To monitor the actions of these individuals, a manager must be able to observe these individuals at all times;

(8) To prevent the exploitation of minors, to assure the correct identification of persons working in adult entertainment businesses, to effectively deploy its limited law enforcement resources and to effectively protect the public health, safety, morals and general welfare of its citizenry, the city must be fully apprised of the identity, age and criminal background of entertainers in adult clubs;

(9) Proximity between entertainers and customers in adult clubs facilitates sexual conduct, prostitution, transactions involving controlled substances and other crimes. To deter such conduct and assist law enforcement in detecting it, King County (before city incorporation) has historically required that an entertainer exposing nudity must be separated from customers by performing on a stage at least 18 inches above the floor and at least six feet from the nearest patron and has prohibited entertainers from engaging in sexual conduct;

(10) There is substantial evidence that such prohibitions are ineffective. Entertainers in adult clubs perform offstage erotic performances, variously referred to as “table,” “couch” or “lap” dances, which typically involve exposure of nudity or sexual conduct between entertainers and customers, or both, and may also include acts of prostitution, transactions, involving controlled substances and other crimes. To effectively deter such conduct and assist law enforcement in detecting it, it is necessary that all erotic performances in an adult club occur on a stage which is at least 10 feet from the nearest customer. Such a requirement is in effect in the city of Kent, Kitsap County and Pierce County and has been upheld as a constitutional regulation that furthers the governmental interest in preventing sexual conduct and other criminal conduct while still allowing an entertainer to convey an erotic expression (See Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986) and DCR, Inc. v. Pierce County, 92 Wn.App. 660 (1998), respectively).

(11) To prevent sexual conduct from occurring between entertainers and customers, customers must be prohibited from any stage where adult entertainment occurs and be prohibited from passing tips, gratuities or other payments directly to entertainers performing on stage.

(12) Adult entertainment businesses have historically attempted to prevent law enforcement and licensing officials from detecting sexual conduct, prostitution, sale and distribution of controlled substances and other violations of law occurring on the premises by employing warning systems maintaining a low level of lighting and other techniques. It is necessary, to effectively enforce this chapter and to protect the public health, safety, morals and general welfare of the city’s citizenry, that adult entertainment businesses be required to maintain a minimum level of lighting, that warning devices and systems be prohibited and that unannounced inspections be permitted by city licensing and law enforcement personnel;

(13) Adult arcades provide booths for individual viewing of live performances, videos and films distinguished or characterized by an emphasis on nudity or sexual conduct. Existing standards of conduct and facility specifications have not deterred customers from engaging in sexual conduct in such businesses. To detect and deter such conduct, to require maintenance of clean and sanitary conditions and to reduce the potential for the spread of sexually transmitted diseases, it is necessary to regulate the configuration and facility specifications of adult arcades as set forth in this chapter, including but not limited to restricting the occupancy of a booth to one person;

(14) An adult arcade might attempt to circumvent the limit of one person per booth by creating a small room, labeled “minitheater” rather than a booth, in which two, three or a small number of individuals would be able to view videos and films distinguished or characterized by an emphasis on nudity or sexual conduct. Moreover, traditional-sized theaters might also show such videos or films. Customers have used both traditional adult theaters and “minitheaters” within arcades as places to engage in sexual conduct. Existing standards of conduct and facility specifications have not deterred customers from engaging in sexual conduct in these businesses. To detect and deter such conduct and reduce the potential for the spread of sexually transmitted diseases, it is necessary to regulate the configuration and facility specifications, as set forth in this chapter, of spaces used by more than one individual to view adult entertainment. In particular, it is necessary to require that any group viewing area for such videos and films have a minimum of eight seats which may be accessed by customers without reservation in order to prevent or diminish a sense of privacy and intimacy which would be conducive to and enabling of sexual conduct between customers;

(15) To assure that minors are not subjected to adult entertainment, it is necessary to prohibit adult entertainment businesses from allowing adult entertainment performances, or pictorial representations of adult entertainment performances displaying nudity or sexual conduct, from being visible from outside the business; and

(16) To discourage customers of bars and other alcohol-serving businesses from moving to adult entertainment businesses at 2:00 a.m. for “after hours”’ activities, and the increased likelihood of breaches of the peace and other criminal conduct that arise from those customers and to reduce the adverse secondary effects of adult entertainment businesses on minors and the community, it is necessary to restrict the closing time of adult entertainment businesses. (Ord. 05-02 § 3)

5.20.020 Purpose and intent.

It is the purpose of this chapter to establish licensing, operational and facility standards for adult entertainment businesses located in the city of Covington to promote and protect the health, safety, morals and general welfare of Covington’s residents. This chapter is intended to prevent the secondary effects that have historically and regularly accompanied the operation of adult entertainment businesses, including but not limited to the incidence of prostitution, sexual conduct with the opportunity for transmission of sexually transmitted diseases, employment or involvement of minors, violation of controlled substance and alcoholic beverage laws, assaults, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants. It is not the intent of the city council that this chapter have either the purpose or effect of suppressing speech activities protected by the constitutions of the United States and the State of Washington. (Ord. 05-02 § 3)

5.20.030 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) “Adult entertainment” means a performance described in the definition of adult entertainment business in this section.

(2) “Adult entertainment business” means an adult arcade, an adult club, an adult bookstore or an adult theater, each as defined in the following, or a combination of an adult arcade, an adult club, an adult bookstore or an adult theater.

(a) “Adult arcade” means a bookstore, video store, membership club or other place:

(i) To which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

(ii) That provides one or more booths for viewing a live performance, as specified in the definition of an “adult club” in subsection (2)(c) of this section, or motion picture films, video cassettes, cable television shows, computer-generated images or any other visual media distinguished or characterized by a predominant emphasis on performances involving nudity or sexual conduct.

(b) “Adult bookstore” means an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to nudity or sexual conduct and which excludes minors by virtue of age.

(i) To which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

(ii) That provides, on a regular basis or as a substantial part of the activity on the premises, a live performance that includes nudity; is distinguished or characterized by a predominant emphasis on depictions or simulations of sexual conduct; or otherwise constitutes an erotic performance. A place that provides such a live performance only for viewing by an individual in a booth in accordance with this chapter is an adult arcade and not an adult club.

(d) “Adult theater” means a movie theater, bookstore, video store, membership club or other place, building or enclosure of any portion thereof:

(i) To which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

(ii) That provides a room or other area that can accommodate more than one person for viewing motion picture films, video cassettes, cable television shows, computer-generated images or any other visual media distinguished or characterized by a predominant emphasis on performances involving nudity or sexual conduct.

(e) Notwithstanding any other provision of this chapter, “adult arcade,” “adult bookstore,” “adult club” and “adult theater” do not include:

(i) A theater or performing arts institution that presents a play, opera, musical, dance or other dramatic works that are not distinguished or characterized by a predominant emphasis on nudity or sexual conduct; or

(ii) An educational institution, administered, licensed or recognized as a public or private educational institution by the State of Washington, that provides a modeling session or other class or seminar depicting nudity or sexual conduct.

(3) “Applicant” means a person who applies for an adult entertainment business license, an adult entertainment manager license or an adult entertainer license.

(4) “Booth” means a booth, cubicle, stall, room or enclosed space in an adult arcade, that is designed, constructed or used to hold or seat a single individual.

(5) “Business control person” means a partner, corporate officer, director, shareholder or other individual who has responsibility for the management of an adult entertainment business.

(6) “Business license” means an adult entertainment business license.

(7) “City” means the city of Covington, Washington.

(8) “Customer” means a customer, patron, club member or other individual who is invited or admitted to an adult entertainment business during its hours of operation, regardless of whether he or she makes a purchase or pays a fee, charge, gratuity or other consideration. However, “customer” does not include an employee or entertainer while the employee or entertainer is engaged in his or her duties or performance.

(9) “Director” means the director of the department of information and administrative services or the director’s designee.

(10) “Employee” means an individual, including an independent contractor, who works in or at or renders service directly related to the operation of an adult entertainment business, whether or not the person is paid compensation by the operator of the business.

(11) “Entertainer” means an individual who provides live adult entertainment in an adult club, whether or not a fee, tip or other consideration is charged or accepted for the entertainment.

(12) “Entertainer license” means a license for an entertainer issued under this chapter.

(13) “Erotic performance” means a performance, in an adult club, that is intended to sexually stimulate a customer.

(14) “Manager” means an individual who provides on-site management, direction or administration of the operation or conduct of any portion of an activity conducted in an adult entertainment business and includes an assistant manager working with or under the direction of a manager to carry out those purposes.

(15) “Manager license” means a license for a manager issued under this chapter.

(16) “Membership club” means a club that invites or accepts a membership application from the public.

(17) “Nudity” or “nude” means:

(a) The exposure to view, by not completely covering with an opaque material, of the human male or female pubic region, anus, cleft of the buttocks, genitalia or any portion of the areola or nipple of the female breast;

(b) The exposure to view of a device or covering that simulates the appearance of the human male or female pubic region, anus, cleft of the buttocks, genitalia or any portion of the areola or nipple of the female breast; or

(c) The display of male genitalia in a discernible state of sexual stimulation, whether covered or not with opaque material.

(18) “Obscene” means a performance that:

(a) Taken as a whole, by an average person applying contemporary community standards, appeals to a prurient interest in sex;

(b) Taken as a whole, by an average person applying contemporary community standards, depicts patently offensive representations of the sexual acts described in RCW 7.48A.010(2)(b); and

(19) “Performance” means an exhibition, display, appearance, dance, modeling, demonstration, show, pantomime or presentation of any kind, whether live or depicted in a motion picture film, video cassette, cable television show, computer-generated image, slide or other nonlive visual image.

(20) “Person” means an individual, firm, corporation, joint venture, partnership, association, membership club, fraternal organization, estate, trust or other entity or group acting as a unit.

(21) “Premises” means the entire real estate parcel on which an adult entertainment business is located, including all interior areas and exterior areas such as parking areas.

(22) “Satisfactory documentation” means:

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

(b) A current, valid identification card bearing the applicant’s photograph and date of birth issued by a Federal or State government agency; or

(23) “Sexual conduct” means any of the following:

(a) Caressing, fondling or other erotic touching of genitalia, pubic region, buttocks, anus, female breast or artificial depictions of those anatomical areas, whether covered or not with opaque material; or

(b) An act of masturbation, genital intercourse, anal intercourse, fellatio, cunnilingus, sadomasochistic abuse or bestiality.

(24) “Police department” means the Police Department of the city of Covington. (Ord. 05-02 § 3)

5.20.040 Licenses required.

(1) Business License.

(a) No person shall operate an adult entertainment business at a location in the city unless the person holds a valid adult entertainment business license issued by the director in the person’s name, for the location and for one or more of the following types of adult entertainment business being operated on the premises:

(i) Adult club;

(ii) Adult bookstore;

(iii) Adult arcade; or

(iv) Adult theater.

(b) No person shall knowingly allow the use of that person’s property located in the city for the operation of an adult entertainment business that is not licensed under this chapter.

(c) No person shall knowingly manage or participate in the management of an adult entertainment business, located in the city, that is not licensed under this chapter.

(d) No person shall knowingly work as an employee or entertainer in or about an adult entertainment business, located in the city, that is not licensed under this chapter.

(e) No person granted an adult entertainment business license under this chapter shall operate the adult entertainment business under a name not specified on the license.

(f) No person shall operate an adult entertainment business at a location not specified on the license.

(2) Manager License. No person shall act as a manager of an adult entertainment business located in the city without having first obtained a manager license pursuant to CMC 5.20.070.

(3) Entertainer License. No person shall act as an entertainer at an adult entertainment business located in the city without having first obtained an entertainer license.

(4) Duty to Supplement. An applicant for, or a holder of, a license issued under this chapter shall modify or supplement application information, on file with the director, within 10 days of a change if the information changes materially from what is stated on the applicant or holder’s application.

(5) Assignment or transfer of license prohibited. A license issued under this chapter may not be assigned or transferred as part of a transaction, including, but not limited to, the sale, exchange, establishment of a trust or any other means.

(6) Original Required. A photocopy or other form of reproduction is not acceptable as proof of a license required under this chapter. (Ord. 05-02 § 3)

5.20.050 Adult entertainment business license – Application process.

(1) An application for an adult entertainment business license must be submitted in the name of the person proposing to operate the adult entertainment business and who would be liable under RCW Title 82 for the payment of business and occupation taxes on the privilege of operating the adult entertainment business.

(2) An application for an adult entertainment business license shall be made on a form, provided by the director, that requires the following information:

(a) For the applicant and each business control person:

(i) The legal name and any alias, stage name or previous name;

(ii) The date and place of birth;

(iii) The current residential and mailing addresses;

(iv) The business telephone number;

(v) The driver’s license number and issuing state;

(vi) The employment, business and occupational history for the three years immediately preceding the date of the application, including the name and address of employers or persons for whom the applicant or business control person performed services as an independent contractor;

(vii) Whether the applicant or business control person holds any other licenses under this chapter or an adult entertainment-related license issued by another jurisdiction; and, if so, the name and address of the businesses to which the licenses pertain;

(viii) Whether the applicant or business control person had, within the three years immediately preceding the date of the application, a license under this chapter or an adult entertainment-related license issued by another jurisdiction denied, suspended or revoked; and, if so, the name and location of the adult entertainment business to which the denied, suspended or revoked license pertained, the jurisdiction that took such action, the reason for the action, the date of the action and the status of any appeal of the action; and

(ix) Whether the applicant or business control person has been the subject of a bail forfeiture, adverse finding or conviction in connection with local, State or Federal criminal law, other than a parking offense or traffic infraction, within the five years immediately preceding the date of the application; and, if so, the nature of the crime and the date, location and nature of the judicial action taken;

(b) If the applicant is a corporation or a limited liability company:

(i) The legal name of the corporation;

(ii) The date and place of incorporation; and

(iii) The name and address of any registered agent for service of process;

(i) The legal name of the partnership;

(ii) Whether the partnership is general or limited; and

(iii) The name and address of any registered agent for service of process;

(d) The applicant’s Federal and State tax identification numbers and/or social security number;

(e) The type or types of adult entertainment proposed for the business and the business’s proposed “doing-business-as” name;

(f) The location of the proposed adult entertainment business, including a legal description of the property, the common address and each telephone number assigned to the business;

(g) The name, address and telephone number of each owner and lessee of the property at which the adult entertainment business is proposed to be conducted;

(h) Whether the applicant proposes to serve liquor in the adult entertainment business and the status of the business’s liquor license or application for the liquor license; and

(i) Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.

(3) An application form for an adult entertainment business license must be accompanied by the following submittals:

(a) If the applicant is a corporation, evidence that the corporation is qualified to do business in the State of Washington. If the applicant is a partnership, a copy of the partnership agreement must be included;

(b) A sketch or diagram showing the configuration of the interior of the adult entertainment business, including a statement of total floor space occupied by the business. The sketch or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

(i) Satisfactory documentation that the applicant or business control person is at least 18 years old; and

(ii) A complete set of fingerprints taken by the Police Department or sent directly to the director from another law enforcement agency;

(iii) Two two-inch by two-inch photographs of the applicant and business control person taken within six months of the date of the application showing only the full fact; and

(d) The license fee or fees established in this chapter.

(4) The application form must be verified and certified to be complete and true under penalty of perjury by the notarized signature of the applicant, if the applicant is an individual. If the applicant is a partnership or corporation, the notarized signature must be that of a general partner of the partnership or the president of the corporation. The director may request other information or clarification in addition to that provided in the application form if necessary to determine compliance with this chapter and applicable zoning, building, fire, public health and other ordinances, statutes and rules.

(5) On receipt of a completed application and all required submittals and information, the director shall provide copies of the application materials to the Police Department and such other city departments as the director deems appropriate to assess whether the proposed adult entertainment business complies with this chapter and applicable zoning, building, fire, public health and other ordinances, statutes and rules.

(6) The director and each department shall, within 25 days of the date of such application, inspect the application and premises and shall make a written report to the director whether such application and premises complies with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is/are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult entertainment establishment license approved prior to the premises construction shall contain a condition that the premises may not be open for business until the premises have been inspected and determined to be in substantial conformance with the drawing submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.

(7) Within 30 days of the director’s receipt of an application and all required submittals and information, the director shall issue or deny the adult entertainment business license. If the director fails to issue or deny the license within the 30-day period, the license is deemed issued on the last day of the period and the applicant may operate, subject to all other provisions of this chapter, the business for which the license was sought.

(8) An adult entertainment business license at a minimum shall include on its face the name of the person to whom the license is issued, the “doing-business-as” name of the business, the specific type of adult entertainment business licensed, the license’s expiration date and the address of the adult entertainment business. The license shall be posted in a conspicuous place or near the entrance to the adult entertainment business so that it can be easily read at any time the business is open. (Ord. 05-02 § 3)

5.20.060 Adult entertainment business license – Grounds for denial.

The director shall deny the adult entertainment business license for any of the following reasons and shall notify the applicant in writing of the grounds for the denial and the opportunity to appeal:

(1) The applicant or a business control person is less than 18 years old;

(2) The applicant failed to provide all of the information and submittals required by the director and this chapter;

(3) The applicant knowingly made a false, misleading or fraudulent representation or omission of material fact, either on the application for the license or by failing to modify or supplement the application as required by CMC 5.20.040;

(4) The applicant or a business control person is currently the subject of a final adult entertainment license suspension order issued by the city or is the subject of an adult entertainment license revocation order, issued by the city, that became final less than one year before the pending application; or

(5) The applicant or the adult entertainment business is not in compliance with this chapter or applicable zoning, building, fire, public health or other ordinance, statute or rule. (Ord. 05-02 § 3)

5.20.070 Manager and entertainer licenses – Application process.

(1) A separate license is required for an individual to act as a manager of an adult entertainment business and to act as an entertainer at an adult club.

(2) An application for a manager license or entertainer license must be made on a form provided by the director, which form must require the following information:

(a) For the applicant:

(i) The legal name and any alias, stage name or previous name;

(ii) The date and place of birth;

(iii) The current residential and mailing addresses;

(iv) The social security number;

(v) The residential and business telephone numbers;

(vi) The driver’s license number and issuing state;

(vii) Whether the applicant holds another license under this chapter or an adult entertainment-related license issued by another jurisdiction; and, if so, the name and address of the business to which the license pertains;

(viii) Whether the applicant had, within the three years immediately preceding the date of the application, a license under this chapter or an adult entertainment-related license issued by another jurisdiction denied, suspended or revoked within the three years immediately preceding the date of the application; and, if so, the name and location of the adult entertainment business to which the denied, suspended or revoked license pertained, the jurisdiction that took such action, the reason for the action, the date of the action and the status of any appeal of the action;

(ix) Whether the applicant has been the subject of a bail forfeiture, adverse finding or conviction in connection with local, State or Federal criminal law, other than a parking offense or traffic infraction, within the five years immediately preceding the date of the application; and, if so, the nature of the crime and the date, location and nature of the judicial action taken; and

(b) The name and address of each adult entertainment business at which the applicant will work as a manager or entertainer; and

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

(3) A completed application form for a manager’s license or an entertainer’s license must be accompanied by the following submittals:

(a) Satisfactory documentation that the applicant is at least 18 years old;

(b) Two two-inch by two-inch color photographs taken by the director within six months of the date of the application, showing only the full face of the applicant;

(d) The license fee established in this chapter.

(4) The application form must be verified and certified to be complete and true under penalty of perjury by the notarized signature of the applicant.

(5) The director shall issue or deny a manager license. or entertainer license within 14 days from the date on which a completed application and all required submittals, information and fees are received. If the director fails to issue or deny the license within said 14-day period, the license is deemed issued on the date the completed application was received and the applicant may perform, subject to all other provisions of this chapter, the function for which the license was sought.

(6) A manager license or entertainer license at a minimum shall include on its face the name of the person to whom it is issued; the person’s signature, height and weight, date of birth and photograph; the license’s expiration date; and whether the holder is licensed as a manager or entertainer.

(7) Every entertainer shall provide his or her license to the adult entertainment business manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult entertainment business. (Ord. 05-02 § 3)

5.20.080 Manager licenses and entertainer licenses – Grounds for denial.

The director shall deny an application for a manager or entertainer license for any of the following reasons and shall notify the applicant in writing of the grounds for the denial and the opportunity to appeal:

(1) The applicant is less than 18 years old;

(2) The applicant failed to provide all information and submittals required by the director and this chapter;

(3) The applicant knowingly made a false, misleading or fraudulent omission or representation of material fact, either on the application for the license or by failing to modify or supplement the application as required by CMC 5.20.040(4);

(4) The applicant is currently the subject of a final adult entertainment license suspension order issued by the city or is the subject of an adult entertainment license revocation order issued by the city that became final less than one year before the pending application. (Ord. 05-02 § 3)

5.20.090 License duration and renewal.

(1) An adult entertainment business license, manager license or entertainer license expires one year from the date of the initial license application filing. To avoid a lapse in the effectiveness of a license, an application to renew a license must be submitted to the director, on a form provided by the director, at least 30 days before the expiration of a business license and at least one business day before the expiration of a manager license or entertainer license. Notwithstanding a lapse in the effectiveness of a license, an application shall be processed as a renewal application if it is filed within 10 days after a license expired.

(2) An application for renewal must be accompanied by those initial submittals as may be required by the director. The application form must be verified and certified to be complete and true under penalty of perjury by the notarized signature of the applicant, if the applicant is an individual. If the applicant is a partnership or corporation, the notarized signature shall be that of a general partner of the partnership or the president of the corporation.

(3) On receipt of a complete business license renewal application and all required submittals, and fees, the director shall provide copies of the application materials to the Police Department and such other city departments as the director deems appropriate to determine whether the adult entertainment business complies with this chapter and applicable zoning, building, fire, public health and other County, State and Federal ordinances, statutes and rules.

(4) The director and personnel from another department may conduct an on-site inspection of the adult entertainment business before issuing a renewal of a business license to ensure compliance with this chapter.

(5) Within 30 days of the director’s receipt of a business license renewal application and all required submittals, information and fees, the director shall issue or deny the license renewal. If the director fails to issue or deny the license renewal within the 30-day period, the business license is deemed issued on the last day of the period and the applicant may continue to operate, subject to all other provisions of this chapter, the business for which the license renewal was sought.

(6) The director shall issue or deny a renewal of a manager license or entertainer license 14 days from the day on which the completed renewal application and all required submittals and information are received. If the director fails to issue or deny the license within said 14-day period, the license is deemed issued on the date the completed application was received and the applicant may perform, subject to all other provisions of this chapter, the function for which the license was sought.

(7) The director shall deny a license renewal for any of the reasons set forth in this chapter for denial of an initial license application and shall notify the applicant in writing of the grounds for denial and the opportunity to appeal.

(8) A license renewal expires one year from the previous license’s expiration date. (Ord. 05-02 § 3)

5.20.100 License fees.

A person applying for a license under this chapter shall pay the appropriate nonrefundable fee, from the following, with a license or license renewal application:

(1) (a) Adult entertainment business:

(i) Adult club: $750.00.

(ii) Adult arcade: $750.00.

(iii) Adult theater: $750.00.

(iv) Adult bookstore: $750.00.

(b) If more than one type of adult entertainment business is licensed on the same premises, the license fee is $750.00 for the first type and $150.00 for each additional type.

(2) Manager: $75.00.

(3) Entertainer: $75.00.

(4) Replacement license if original lost or destroyed: $15.00. (Ord. 05-02 § 3)

5.20.110 Adult clubs – Facility specifications.

An adult club shall meet the following facility specifications:

(1) A live adult entertainment stage shall be at least 18 inches in elevation above the level of the customer seating areas and shall be separated by a distance of at least eight feet from all areas of the premises to which a customer has access. To separate the customer area from the stage, a continuous railing at least three feet in height shall be attached to the floor and located at least eight feet from all points of the live adult entertainment stage;

(2) A live adult entertainment stage shall be visible immediately on entering the adult club’s seating area and at least one managers’ station. Visibility shall not be blocked or obscured by a door, curtain, drape or other obstruction whatsoever;

(3) The premises shall be maintained in a clean and sanitary condition;

(4) Adult entertainment occurring on the premises of an adult club, or photographs, drawings, sketches, or other pictorial or graphic representations of adult entertainment displaying nudity or sexual conduct, shall not be visible at any time from outside the business;

(5) Sufficient lighting shall be provided in and equally distributed throughout the areas that are open to and used by customers such that, during all hours of operation, all objects are plainly visible and so that on any portion of the premises which is open to customers, a program menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away. “Sufficient lighting” means a minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, for all areas open to and used by customers;

(6) A door to an area on the premises that is available for use by a person other than the owner or manager, or both, or owner or manager’s agent or employee, shall not be locked during business hours;

(7) Restroom facilities provided for customers shall be separate from those provided employees and entertainers;

(8) A sign shall be conspicuously displayed inside every entrance to the adult club, that states as follows:

This adult entertainment establishment is regulated by the city of Covington. Entertainers are:

(1) Not Permitted to Engage in Any Type of Sexual Conduct.

(2) Not Permitted to Appear Seminude or Nude, Except on Stage.

(3) Not Permitted to Accept Tips or Gratuities in Advance of Their Performance.

(4) Not Permitted to Accept Tips or Gratuities Directly from Patrons while Performing upon any Stage Area.

(Ord. 05-02 § 3)

5.20.120 Adult clubs – Operating requirements and standards of conduct.

On the premises of an adult club, the adult club and its business license holders, business control persons, managers, employees, entertainers and customers shall adhere to the following operating requirements and standards of conduct:

(1) Business License Holder and Business Control Persons Responsible. The adult entertainment business license holder and any business control persons shall be responsible for and shall assure that the conduct of the managers, entertainers, employees and customers of the adult club complies with this chapter;

(2) Licensed Manager Required on Premises. During all hours of operation, the adult club shall have a licensed manager on duty stationed in a location from which the manager can view every live adult entertainment stage, stage setback area and customer area of the business;

(3) Licensed Manager Responsible. The on-duty manager is responsible for and shall assure that the conduct of the entertainers, employees and customers of the adult club complies with this chapter;

(4) Posting of Licenses. The holder of the adult entertainment business license shall post the license in a conspicuous place at or near the entrance to the adult entertainment business so that the license can be easily read when the business is open. The manager shall post his or her license next to the business license when he or she is on duty as the manager. An entertainer shall provide his or her license to the manager on duty who shall maintain the entertainer’s license on the premises for immediate inspection when the entertainer is on the premises. The manager shall, on request by the director or any law enforcement officer make available for inspection the license of an entertainer on the premises;

(5) Records of Entertainers and Employees. The adult club shall maintain, on a form prescribed by the director, a record by date and shift of the name, stage name if any, entertainer license number and date of birth of each person who worked as an employee or performed as an entertainer at the club. The record of each person shall be retained for at least one year after the work or performance was performed at the club;

(6) Prohibited Hours of Operation. The business license holder, business control person or manager shall not operate the adult club, or allow the adult club to be open to customers, between 2:00 a.m. and 10:00 a.m.;

(7) Minors Prohibited. An individual under 18 years old shall not be in or on the premises. The business license holder, business control person or manager shall not permit or allow a person under 18 years old to be in or on the premises;

(8) Alcohol Prohibited Without a License. An individual shall not possess, consume or serve an alcoholic beverage unless, and to the extent, the adult club is covered by a valid liquor license issued by the Washington State Liquor Control Board;

(9) No employee or 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 eight feet from the nearest patron;

(10) No employee or entertainer mingling with patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (9) of this section, nor shall any male employee or entertainer at any time appear with his genitals in a discernibly turgid state, even if completely and opaquely covered, or wear or use any device or covering which simulates the same;

(11) No employee or entertainer mingling with patrons shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus or buttocks;

(12) No employee or entertainer shall caress, fondle or erotically touch any patron. No employer or entertainer shall encourage or permit any patron to caress, fondle or erotically touch any employee or entertainer. No employee or entertainer shall sit on a patron’s lap or separate a patron’s legs;

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

(14) No employee or entertainer mingling with patrons shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than four feet from the patron or patrons for whom dance, performance or exhibition is performed;

(15) 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 entertainer. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any patron, Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the adult entertainment establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment establishment shall be placed into the hand of the adult entertainer or into a receptacle provided by the adult entertainer, and not upon the person or into the clothing of the adult entertainer;

(16) Warning Device Prohibited. A person may not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an entertainer, employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises. (Ord. 05-02 § 3)

5.20.130 Adult arcades – Facility specifications.

An adult arcade shall meet the following facility specifications:

(1) The entire interior portion of all booths shall be visible from the common area immediately inside an adult arcade’s entrance and at least one manager’s section, unless the arcade is configured such that all the booths are located in a section of the premises dedicated solely for that purpose within the arcade, herein referred to as a “booth section.” If the booths are located in a booth section within the arcade, the entire interior portion of all booths must be visible from the entrance to the booth section and at least one manager’s station. The entrance to the booth section shall be open to the arcade common area and shall not be obstructed by a curtain, door, wall, merchandise, display rack or other material;

(2) A booth shall not exceed 12 square feet in size and shall not be equipped with a door, curtain or screening device that prevents the manager, city inspector or law enforcement personnel from determining the number of individuals inside the booth. The bottom of any door, curtain or screening device on a booth shall be at least 24 inches above the floor of the booth. The top of any door, curtain or screening device on a booth shall not exceed 66 inches above the floor unless the door, curtain or screening device has an opening, or clear, clean window, at least 12 inches in height and 24 inches in width, located between 66 and 78 inches above the floor of the booth, that provides an unobstructed view to the side walls and back wall of the booth. A booth door or other screening device may not be equipped with a locking device;

(3) A chair or seating surface in a booth shall not provide a seating surface of more than 18 inches in either length or width and shall not be higher than the bottom of a door, curtain or other screening device. There shall not be more than one chair or seating surface in a booth;

(4) If an individual is able to view a live performance from an arcade booth, the booth shall be constructed so that the opening between the booth and the performance area is entirely covered by an immovable panel of transparent nonporous material that extends the full length and width of the opening, does not contain a hole and prevents contact between the individual in the booth and the entertainer;

(5) An arcade shall not contain a space for more than one person to view adult entertainment unless the space is licensed as, and meets the specifications for, an adult theater under this chapter;

(6) A door to an area on the premises that is available for use by customers shall not be locked during business hours;

(7) Steps or risers are not allowed in a booth;

(8) Sufficient lighting shall be provided and equally distributed throughout the areas that are open to and used by customers such that, during all hours of operation, all objects are plainly visible and so that on any part of the premises which is open to customers, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 visions from two feet away. “Sufficient lighting” means a minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, for all areas open to and used by customers;

(9) A restroom shall not contain viewing equipment;

(10) The floor, walls and ceiling surfaces in a booth shall be made of nonporous, easily cleanable surfaces and shall not consist of rugs or carpeting;

(11) A ventilation device or hole in a booth shall be covered by a permanently affixed ventilation cover. A ventilation hole shall be located only within one foot from the top of or one foot from the bottom of the booth walls, or both. There shall not be any other holes or openings in the booths;

(12) The premises shall be maintained in a clean and sanitary condition;

(13) Adult entertainment provided on the premises of an adult arcade, or a photograph, drawing, sketch or other pictorial or graphic representation of adult entertainment displaying nudity or sexual conduct, shall not be visible from outside the business; and

(14) A sign shall be conspicuously displayed at the entrance to the arcade’s booth section, if applicable, and in each booth, that states as follows:

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY COVINGTON CITY CODE WHICH INCLUDES THE FOLLOWING PROHIBITIONS:

1. No person under eighteen years old is permitted on the premises.

2. Masturbation and other sexual conduct are prohibited and unlawful on the premises,

3. More than one person may not occupy a booth at a time.

4. A violation is subject to criminal prosecution and/or civil penalties.

(Ord. 05-02 § 3)

5.20.140 Adult arcades – Operating requirements and standards of conduct.

On the premises of an adult arcade, the adult arcade and its business license holders, business control persons, managers, employees, entertainers and customers shall adhere to the operating requirements and standards of conduct specified in the following:

(1) Business License Holder and Business Control Persons Responsible. The adult entertainment business license holder and any business control person shall be responsible for and shall assure that the conduct of the managers, employees, entertainers and customers of the adult arcade complies with this chapter;

(2) Licensed Manager Required on Premises. The adult arcade shall, during all hours of operation, have a licensed manager on duty who is stationed in a location from which every booth and customer area of the business is visible at all times, either by direct line of sight or by continuous video monitoring;

(3) Licensed Manager Responsible. The on-duty manager is responsible for and shall assure that the conduct of the entertainers, employees and customers of the adult arcade complies with this chapter;

(5) Prohibited Hours of Operation. The adult arcade business license holder, business control person or manager shall not operate the adult arcade or allow the adult arcade to be open to customers between 2:00 a.m. and 10:00 a.m.;

(6) Minors Prohibited. An individual under 18 years old shall not be in or on the premises of the adult arcade. The adult arcade business license holder, business control person or manager may not permit or allow a person under 18 years old to be in or on the premises;

(7) Alcohol Prohibited Without License. An individual shall not possess, consume or serve an alcoholic beverage in the adult arcade unless, and to the extent, the business is covered by a liquor license issued by the Washington State Liquor Control Board;

(8) Live Performances. A live performance provided in the arcade shall be conducted in a performance area that is inaccessible to a customer and separated from an individual in a booth in accordance with the facility specifications set for in CMC 5.20.130;

(9) Obscene Performances Prohibited. An obscene performance shall not be displayed or exhibited in the adult arcade;

(10) Sexual Conduct Prohibited. An individual shall not engage in sexual conduct in the adult arcade;

(11) Single Occupancy of Booths. An individual shall not be present in a booth with one or more other individuals; and

(12) Warning Device Prohibited. A person shall not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises. (Ord. 05-02 § 3)

5.20.150 Adult theaters – Facility specifications.

An adult theater shall meet the following facility specifications:

(1) The interior of an adult theater shall be configured such that any entrance used by a customer shall open into a common area. All seats in a viewing area shall be visible from the entrance to the viewing area and from at least one manager’s section without obstruction by a curtain, door, wall, merchandise, display rack or other material;

(2) An area in an adult theater in which adult entertainment is viewed shall contain at least eight seats. The seats shall be permanently affixed to the floor and shall all face the screen on which the adult entertainment is viewed;

(3) Subject to seat availability, an adult theater viewing area shall be open to any person entering the adult theater and shall not be reserved for use by one or more customers. An adult theater shall not admit more persons to a viewing area than the number of seats provided;

(4) A door to an area on the premises that is available for use by a customer shall not be locked during business hours;

(5) A chair or seating surface shall not provide a seating surface of more than 18 inches in either length or width;

(6) Sufficient lighting shall be provided and equally distributed throughout the area that is open to and used by customers such that, during hours of operation, all objects are plainly visible and so that any part of the premises which is open to customers, a program, menu or list printed in eight point type will be readable by the human eye with 20/20 vision from two feet away. “Sufficient lighting” means a minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, for all areas that are open to and used by customers. An adult theater that uses film projector technology may submit a written request to the director for permission to reduce the minimum lighting standard during the operation of the film projector. If the director finds that the specified lighting standard prevents the projection of the image onto the adult theater’s screen, the director may reduce the lighting standard for the viewing area to a level that allows for the projection of the image while still providing sufficient lighting that all objects are plainly visible within the viewing area;

(7) A restroom shall not contain viewing equipment;

(8) The premises shall be maintained in a clean and sanitary condition;

(9) Adult entertainment provided on the premises of the adult theater, or a pictorial photograph, drawing, sketch or other pictorial or graphic representation of adult entertainment displaying nudity or sexual conduct, shall not be visible from outside the business; and

(10) A sign shall be conspicuously displayed inside every entrance to an adult theater, that states as follows:

THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY COVINGTON MUNICIPAL CODE WHICH INCLUDES THE FOLLOWING PROHIBITIONS:

1. No person under eighteen years old is permitted on the premises.

2. Masturbation and other sexual conduct are prohibited and unlawful on the premises.

3. A violation is subject to criminal prosecution and civil penalties.

(Ord. 05-02 § 3)

5.20.160 Adult theaters – Operating requirements and standards of conduct.

On the premises of an adult theater, the adult theater and its business license holders, business control persons, managers, employees and customers shall adhere to the operating requirements and standards of conduct as specified in the following:

(1) Business License Holder and Business Control Persons Responsible. The adult entertainment business license holder and any business control person shall be responsible for and shall assure that the conduct of the managers, employees and customers of the adult theater complies with this chapter;

(2) Licensed Manager Required on Premises. The adult theater shall have, during all hours of operation, a licensed manager on duty who is stationed in a location from which every viewing area and all customer areas of the business are visible at all times either by direct line of sight or by continuous video monitoring;

(3) Licensed Manager Responsible. The on-duty manager is responsible for and shall assure that the conduct of the employees and customers of the adult theater complies with this chapter;

(4) Posting of Licenses. The holder of an adult entertainment business license shall post the license in a conspicuous place at or near the entrance to the adult entertainment business so that the license can be easily read when the business is open. The manager shall post his or her license next to the business license when he or she is on duty as the manager;

(5) Prohibited Hours of Operation. The adult theater business license holder, business control person or manager shall not operate the adult theater or allow the adult theater to be open to customers between 2:00 a.m. and 10:00 a.m.;

(6) Minors Prohibited. An individual under 18 years old shall not be in or on the premises of the adult theater. An adult theater business license holder, business control person or manager shall not permit or allow a person under 18 years old to be in or on the premises;

(7) Alcohol Prohibited Without License. An individual shall not possess, consume or serve an alcoholic beverage in the adult theater unless, and to the extent, the business is covered by a liquor license issued by the Washington State Liquor Control Board;

(8) Obscene Performances Prohibited. An obscene performance shall not be displayed or exhibited in the adult theater;

(9) Sexual Conduct Prohibited. An individual shall not engage in sexual conduct in the adult theatre; and

(10) Warning Device Prohibited. A person shall not operate or maintain a warning device or system for the purpose of warning or aiding and abetting the warning of an employee, customer or other person that the police, health, fire or building inspector or other public official is approaching or entered the premises. (Ord. 05-02 § 3)

5.20.170 Permission to inspect.

An adult entertainment business shall permit the director and personnel from the Police Department to conduct unannounced inspections, during the hours when the business is open, of all exterior and interior areas of the business premises open to and used by customers and all books and records required to be kept under this chapter. The purpose of such inspections is to determine if the business is being conducted in compliance with this chapter.

(1) The director may, at any time upon the recommendation of the chief of police and as provided below, suspend or revoke any license issued under this chapter:

(a) Where such license was procured by fraud or a 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 that term is defined in Chapter 69.50 RCW) 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 that term is defined in Chapter 69.50 RCW) committed on 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, statues or regulations are found, the license shall be suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

(3) The director shall provide at least 10 days of prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision to the hearing examiner or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.

(4) Notification shall be by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the director for a hearing before the hearing examiner within such 10-day period. The hearing examiner or other hearing body shall render its decision within 15 days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner or other designated hearing body shall have the right to appeal the decision to the superior court within 14 days of the hearing examiner decision, by writ of certiorari or mandamus. The decision of the director shall be stayed during the pendency of any administrative and judicial appeals except as provided in subsection (5) of this section.

(5) Where the Covington building official, fire marshal or the King County health department find that any condition exists upon the premises of an adult entertainment business which constitutes a threat of immediate serious injury or damage to persons or property, said official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection (3) of this section. The official shall issue notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the hearing examiner or other designated hearing body under the same appeal provisions set forth in subsection (3) of this section; provided, however, that a suspension based on threat of immediate serious injury or damage shall not be stayed during the pendency of the appeal. (Ord. 05-02 § 3)

5.20.180 Notice of appeal.

Any person failing under the provision of this chapter may appeal from any notice of suspension, denial or revocation or civil penalty assessment by filing with the director within 10 days from the date of the notice is delivered or deemed received, a written appeal containing:

(1) A heading in the words: “Before the Hearing Examiner for the city of Covington”;

(2) A caption reading: “Appeal of ______” giving the names of all appellants participating in the appeal;

(3) A brief statement setting forth the legal interest of each of the appellants participating in the appeal;

(4) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(5) A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

(6) The signatures of all parties named as appellants, and their official mailing addresses; and

(7) The verification, by declaration under penalty of perjury, of at least on appellant as to the truth of the matters stated in the appeal. (Ord. 05-02 § 3)

5.20.190 Date, time, place for hearing.

As soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time, and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 30 days from the date the appeal was filed with the director, unless the parties agree to an extension of time. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the hearing examiner’s office either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. (Ord. 05-02 § 3)

5.20.200 Scope of matters considered in appeal.

Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the hearing of the appeal. (Ord. 05-02 § 3)

5.20.210 Waiver of right to appeal.

Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof. (Ord. 05-02 § 3)

5.20.220 Action after hearing.

Upon completion of the hearing, the hearing examiner shall:

(1) Affirm the director’s decision; or

(2) Reverse or modify the director’s decision. (Ord. 05-02 § 3)

5.20.230 Appeal from hearing examiner.

An appeal from a decision of the hearing examiner shall be to the County superior court and shall be served and filed within 30 days of the decision of the hearing examiner. In the event the applicant or license holder does not follow the procedures within the time periods set forth in this division, the action of the hearing examiner shall be final. (Ord. 05-02 § 3)

5.20.240 Stay during appeal.

The decision of the director to suspend, revoke or refuse to renew a license under this chapter shall be stayed during administrative and judicial review, but refusal to issue an initial license shall not be stayed. (Ord. 05-02 § 3)

5.20.250 Grounds for suspension and revocation of licenses.

(1) If a licensee is convicted of committing on the premises of an adult entertainment business a crime or offense involving one of the following, the license shall be revoked.

(a) A violation of Chapter 9A.88 RCW, Indecent Exposure – Prostitution;

(b) A liquor law violation or a transaction involving a controlled substance as defined in Chapter 69.50 RCW; or

(c) A violation of Chapter 9A.44 RCW, Sex Offenses, Chapter 9.68 RCW, Obscenity and Pornography or Chapter 9.68A RCW, Sexual Exploitation of Children.

(2) For a business licensee, a conviction for which the business license may be revoked includes the conviction of an employee, agent or entertainer for a crime or offense listed in subsection (1)(c) of this section occurring on the business premises when the business licensee knew or should have known of the crime or offense.

(3) For purposes of subsection (1)(c) of this section, “convicted” or “conviction” includes a bail forfeiture accepted by the court as the final disposition of the criminal charge,

(4) A licensee whose license has been revoked is not eligible to reapply for the license for one year following the date the decision to revoke is final.

(5) The director shall effect a suspension, revocation or disqualification by issuing a notice and order in accordance with KCC 6.01.130.

(6) On receipt of a notice and order of suspension or revocation, the license holder shall promptly deliver the license to the director unless an appeal is pending under this chapter. For a license suspension, the director shall return the license to the license holder for the license’s remaining term upon expiration of the suspension. (Ord. 05-02 § 3)

5.20.260 Nonobscene performances, dramatic works, classes, seminars or lectures not prohibited.

Nothing in this chapter shall be construed to prohibit:

(1) A performance that is not obscene;

(2) A play, opera, musical or other dramatic work that is not obscene; or

(3) A class, seminar or lecture held for serious scientific or educational purposes. (Ord. 05-02 § 3)

5.20.270 Limitations of liability.

This chapter is not intended to create a cause of action or provide the basis for a claim against the city, its officials or its employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. A duty or obligation created under this chapter is intended to be a general duty or obligation running in favor of the general public. (Ord. 05-02 § 3)

5.20.280 Criminal penalty.

A person violating in any term of this chapter shall, on conviction, be guilty of a misdemeanor and shall be subject to a fine not to exceed $1,000 or imprisonment for not more than 90 days, or both. (Ord. 05-02 § 3)

5.20.290 Additional remedies.

Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin an act or practice that constitutes or will constitute a violation of this chapter or an applicable rule adopted under this title. (Ord. 05-02 § 3)

5.20.300 Liquor regulations.

RCW Title 66, Alcoholic Beverage Control, and the rules of the Washington State Liquor Control Board govern to the extent they conflict with this chapter. The provisions of this chapter that refer to the minimum age of 18, including but not limited to the provisions relating to the required signs, require a minimum age of 21 as applied to an adult entertainment business that is licensed by the Washington State Liquor Control State Board. (Ord. 05-02 § 3)