Chapter 5.12
CABARETS

Sections:

5.12.005    Scope.

5.12.010    Definitions.

5.12.020    License – Required.

5.12.030    License – Application.

5.12.040    Unlawful acts.

5.12.050    License – Revocation.

5.12.060    License – Revocation – Appeal.

Stat. Ref.: For provisions authorizing cities to license dancing, music and entertainment upon premises licensed to serve alcoholic beverages, see RCW 66.28.080; for provisions making RCW 66.28.080 applicable to code cities, see RCW 35A.66.020.

5.12.005 Scope.

This chapter governs the licensing and operation of cabarets. Chapter 5.10 IMC governs the licensing and operation of adult entertainment facilities. A commercial establishment that constitutes an adult entertainment facility shall not be subject to the requirements of this chapter. (Ord. 2140 § 3, 1996).

5.12.010 Definitions.

As used in this chapter:

A. “Cabaret” means any room, place, or space in the City open for service to the public in which the guests, patrons, entertainers or other persons are permitted to sing, dance, perform or otherwise engage in musical entertainment, exhibitions, theatrical performances, shows, or similar amusements in connection with the restaurant business or the business of directly or indirectly selling food or refreshments, including alcoholic beverages.

B. “Person” means and includes any individual, corporation, partnership, or association. (Ord. 1231 § 1, 1976).

5.12.020 License – Required.

No person shall open, conduct, manage, operate, or maintain a cabaret without first securing a cabaret license as issued by the City Clerk, pursuant to the provisions of this chapter. (Ord. 1231 § 2, 1976).

5.12.030 License – Application.

A. Application for such cabaret license shall be made to the City Clerk and shall contain such information as the City Clerk requests, including the following: identification of the applicant, giving name, addresses, and location of the cabaret, together with a list of the names and addresses of individuals, partners, associates, directors, officers or shareholders of any corporation, partnership, or association having an interest in the business of the applicant. In addition, the application shall disclose whether the applicant or any individual having an interest in the business of the applicant has ever been convicted of a crime of moral turpitude.

B. The Clerk shall then review such application for its compliance with the foregoing requirements and, if met, transmit the same together with her recommendation as to granting of such license to the City Council. The license shall be approved by the City Council if it determines that the applicant or any individual having an interest in the business of the applicant has never been convicted of a crime of moral turpitude, and that the applicant’s experience, financial responsibility and moral fitness are such as to warrant the belief that the operation of such cabaret will not injuriously affect the morals and welfare of the people of the City. Thereafter, the City Clerk shall issue the license upon payment of a fee of $10.00 per month, or $100.00 per year. The license shall not be transferable. (Ord. 1231 § 3, 1976).

5.12.040 Unlawful acts.

It is unlawful for any person owning, managing, operating, or conducting a cabaret to allow or permit any person employed by him in the capacity of an entertainer, servant, or otherwise:

A. To appear in a state of nudity, or in any indecent or lewd dress, or make any indecent exposure of his person, or to expose his private parts to public view, or be guilty of any lewd act or behavior in any place exposed to public view;

B. To approach or accost any guest for the purpose of inducing such guest to have refreshments with such employee, or with any guest or patron of such cabaret. (Ord. 1231 § 4, 1976).

5.12.050 License – Revocation.

The City Clerk may cancel, revoke, or suspend any such license after it has been issued if she shall learn that the same was procured by fraud or false representation of facts, or that the applicant or licensee has failed to comply with the provisions and requirements of this chapter, or has violated any provision thereof, or for any other reason which, in the opinion of the City Clerk will be detrimental to the public peace, health, or welfare. The power to revoke shall include the power to suspend a license for a definite period of time. Before initiating any action authorized in this section, the City Clerk shall make a written record of her findings, specifying therein the particulars in which this chapter has been violated or other basis for cancellation, revocation, or suspension. Such action by the City Clerk shall not relieve the licensee from liability for punishment under the penalties provided in this chapter. (Ord. 1231 § 5, 1976).

5.12.060 License – Revocation – Appeal.

Any licensee whose license is revoked, cancelled or suspended shall have the right to appeal to the City Administrator from such cancellation, revocation or suspension. The procedure for filing and hearing such appeals shall be as set forth in Chapter 1.32 IMC. (Ord. 1645 § 1, 1984; Ord. 1231 § 5, 1976).