Chapter 5.08
CABARETS

Sections:

5.08.010    Definitions.

5.08.020    License – Required.

5.08.030    License – Eligibility.

5.08.040    License – Application, investigation, and issuance or denial.

5.08.050    License – Fee.

5.08.060    License – Cancellation or revocation.

5.08.070    Rules and regulations.

5.08.080    Repealed.

5.08.010 Definitions.

“Cabaret dancing” is, for the purpose of this chapter, defined to be any building, room, hall, platform or other place, in connection with or part of any hotel, restaurant, cafe, club, tavern, or eating place wherein liquor is permitted to be sold or served to the public by and under the authority of the Washington State Liquor Control Board, in which dancing is permitted under the provisions of this chapter. Cabaret dancing is distinguished from “public dance” or “public dance hall” as defined in Chapter 5.12 FMC, in that cabaret dancing pertains to dancing permitted in a place in connection with an establishment licensed under authority of the Washington State Liquor Control Board to sell or serve liquor; whereas public dance hall or public dance pertains to dancing permitted in any place other than an establishment licensed under authority of the Washington State Liquor Control Board to sell or serve liquor. (Ord. 382 § 1, 1963)

5.08.020 License – Required.

It is unlawful for any person, firm, association, partnership or corporation, as owner, agent, servant or employee, to permit cabaret dancing as defined in this chapter, within the City, unless a valid and subsisting license therefor has been obtained as provided in this chapter. (Ord. 382 § 2, 1963)

5.08.030 License – Eligibility.

Only applicants holding a valid and subsisting license under authority of the Washington State Liquor Control Board, who have paid the license fee provided in this chapter, shall be eligible to obtain a cabaret license under the provisions of this chapter. The following shall not be eligible to obtain a cabaret license, in any event:

A.    Persons convicted of a felony within five years preceding application;

B.    Persons convicted of, or who have forfeited bonds in connection with a charge thereof, violating any federal or state law, or municipal ordinance concerning the manufacture, possession or sale of liquor subsequent to the enactment of the Washington State Liquor Control Act;

C.    Persons who are residents of Whatcom County for less than one month;

D.    Persons whose establishment is conducted by a manager or agent unless such manager or agent also possesses qualifications for license;

E.    A partnership, copartnership or association unless all members thereof are qualified for license as provided in this chapter;

F.    A corporation, unless all of the officers and directors thereof are qualified for license as provided in this chapter, and if qualified, the license shall be issued to the manager or other officer thereof. (Ord. 736 § 1(B), 1984; Ord. 382 § 3, 1963)

5.08.040 License – Application, investigation, and issuance or denial.

Application for cabaret license for the City shall be filed with the City Clerk, with tender of the license fee. Upon receipt of such application and fee, the City Clerk shall transmit the application to the Chief of Police. The Chief of Police shall investigate the applicant and the facts pertaining to the application, and report to the City Council, with such recommendation as the Council may require. The City Council shall then consider the application and the report of investigation pertaining thereto, and upon instructions of the City Council subsequent thereto, the Treasurer will either issue the license, or deny the license, as instructed by action of the City Council. Should the City Council find by majority vote that it would be contrary to the best interest of the City to grant the license applied for, the action denying the license shall be final and conclusive. (Ord. 382 § 4, 1963)

5.08.050 License – Fee.

The fee for cabaret dancing license shall be as contained in the City’s most current approved Fee Code, and shall cover the calendar year, or the unused part thereof, and all licenses shall expire December 31st in the year of issuance. (Ord. 382 § 6, 1963)

5.08.060 License – Cancellation or revocation.

A.    License for cabaret dancing may be canceled or revoked at any time for any of the following reasons:

1.    Failure to pay the license fee, or renewal thereof;

2.    Fraud or false representation in the application or renewal thereof;

3.    Violation of the provisions of this chapter, by the licensee, his agent, servant, or employee;

4.    Conviction of any crime or offense involving moral turpitude, or involving intoxicating liquor, of the licensee, or his agent or manager;

5.    Loss or suspension of the license or permit to sell or serve liquor by action of court or the Washington State Liquor Control Board;

6.    A determination by majority vote of the City Council, that the further or continued operation under the cabaret dancing license would be contrary to the best interest of the City, or detrimental to the peace, health, or welfare of the people of the City.

B.    The applicant or licensee shall be entitled to 10 days’ notice prior to the meeting of the City Council at which revocation or cancellation of the license is to be considered by the Council, and persons may appear at the meeting in support of or in opposition to the revocation or cancellation of the license. After hearing, upon finding that any of the enumerated causes exist, the City Council may declare such license canceled, or revoked. The City Council reserves power to revoke or cancel any cabaret license issued under this chapter, and its determination is final. (Ord. 382 § 5, 1963)

5.08.070 Rules and regulations.

Any premises licensed to engage in cabaret dancing shall be subject to the pertinent rules and regulations, now in effect or as hereafter may be put in effect, of the Washington State Liquor Control Board, and in addition thereto each premises licensed for cabaret dancing shall have at all times in attendance a male person capable of maintaining good order therein, the floor space reserved for dancing must be clearly marked, and the dance floor area must be at least 100 square feet and shall be not less than 10 feet from side to side. (Ord. 382 § 7, 1963)

5.08.080 Violation – Penalty.

Repealed by Ord. 1817. (Ord. 382 § 8, 1963)