Chapter 9.32
CONDUCT IN ALCOHOLIC
BEVERAGE PREMISES*

Sections:

9.32.04    Prohibited acts.

9.32.06    Entertainment – Hours permitted.

9.32.08    Violations.

*Cross reference(s) – License required where dancing is permitted and alcoholic beverages are being served, § 5.02.070.

State law reference(s) – Authority to adopt police regulations not in conflict with state law, RCW 66.08.120.

9.32.04 Prohibited acts.

The following acts or conduct on premises licensed under the authority of the state liquor control board are prohibited from:

1. Employing or allowing any person to sell or serve alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areolae or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals;

2. Employing or allowing the services of or allowing any hostess or other person including any entertainer to mingle with the patrons while such hostess or other person or entertainer is unclothed or in such attire, costume or clothing as described in subsection (A) above;

3. Employing, contracting with or allowing any person to solicit a patron for any beverage and/or accept any beverage from a patron in or upon the licensed premises and receive therefor, either directly or indirectly, any commission, remuneration or compensation;

4. Employing or contracting with any person for the purpose of having such person dance with a patron or for the purpose of having such person spend time with a patron in or upon the licensed premises and for which the person is to receive, either directly or indirectly, any commission, remuneration or compensation;

5. Permitting any dancer-entertainer to perform on the premises except when removed at least six (6) feet from the nearest patron and except when on a permanent stage at least eighteen (18) inches high;

6. Encouraging or permitting any person on the licensed premises to touch, caress or fondle the breast, buttocks, anus or genitals of any other person;

7. Permitting any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof;

8. Permitting any person to perform acts of or acts which simulate:

a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

b. The touching, caressing or fondling of the breast, buttocks, anus or genitals;

c. The displaying of the pubic hair, anus, vulva or genitals;

9. Permitting entertainers or any other person whose breasts and/or buttocks are exposed to perform anywhere on the licensed premises;

10. Permitting any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above;

11. Permitting any person to remain in or upon the licensed premises who exposes to public view any portion of his genitals or anus;

12. Permitting the showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:

a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law,

b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals,

c. Scenes wherein a person displays the vulva or the anus or the genitals,

d. Scenes where artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

(Ord. No. 2312, § 1. Formerly Code 1986, § 9.32.04)

9.32.06 Entertainment – Hours permitted.

Pursuant to RCW 66.28.080 and WAC 314-16-055, no music, dancing or entertainment may be conducted between the hours of 2:00 a.m. and 6:00 a.m. on any premises licensed under the authority of the state liquor control board which is open to the public and which operates for profit, directly or indirectly, or requires a monetary payment or contribution from the persons admitted. “Dancing” herein shall not include a public dance under Ch. 5.12 KCC which regulates certain public dances on premises not licensed under the authority of the state liquor control board. “Dancing” and “entertainment” herein shall not include adult entertainment under Ch. 5.10 KCC which regulates adult entertainment performed on premises not licensed under the authority of the state liquor control board. “Music” and “entertainment” herein shall not apply to radios or mechanical musical devices such as tape decks or similar equipment.

(Ord. No. 3163, § 1, 5-3-94)

9.32.08 Violations.

Violation of any of the provisions of this chapter shall be a misdemeanor and punishable by imprisonment for a term not to exceed ninety (90) days, and a fine of not more than five hundred dollars ($500) or both such fine and imprisonment.

(Ord. No. 2312, § 2. Formerly Code 1986, § 9.32.08)