Chapter 5.30
ADULT ENTERTAINMENT
Sections:
5.30.030 License prohibited to certain classes.
5.30.050 Cabaret license fees.
5.30.070 Standards of conduct and operation – Adult cabarets.
5.30.080 License term – Assignment – Renewals.
5.30.090 License denial, suspension and revocation – Hearing.
5.30.110 Violation a misdemeanor.
5.30.130 Additional enforcement.
5.30.000 Findings of fact.
Based on public testimony and other evidence and information before it, the Lake Forest Park city council makes the following findings of fact:
A. The regulations and standards of conduct in this chapter are consistent with standards and regulations approved by Washington municipalities and are supported by the legislative record contained in those municipal files, the city of Lake Forest Park records, and in the record of judicial review and affirmation of such regulations and standards. See, e.g., Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 937 P.2d 154 (1997); and Deja Vu-Everett-Federal Way, Inc. v. City of Federal Way, Case C95-1272Z (W.D. Wash. 1/5/96).
B. The license fees required herein are reasonable fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the sexually oriented adult entertainment industry.
C. Concern over sexually transmitted diseases is a legitimate health concern of the city which requires regulation of sexually oriented adult entertainment businesses in order to protect the health and well being of the public.
D. Hidden ownership interests for the purposes of skimming profits and avoiding the payment of taxes have historically occurred in the adult entertainment industry in the absence of regulation. In order for the city of Lake Forest Park to effectively protect the public health, safety, morals, and general welfare of its citizenry it is important that the city be fully apprised of the actual ownership of adult entertainment establishments.
E. Adult entertainment businesses such as those in Tukwila and Federal Way continue to operate under similar regulations and standards as those set forth in this chapter, thereby demonstrating the economic viability of such operations under such regulations and standards.
F. The Washington Supreme Court has upheld, and other courts have enforced, more restrictive separation requirements than those contained in this chapter. Requiring a four-foot separation between adult entertainers and patrons is the minimum necessary to ensure the public’s health, safety, and general welfare. The courts have held that the inquiry for First Amendment purposes is not concerned with economic impact. Further, the city has considered and rejects the information of alleged economic impact and finds that such expression may be presented in an economically viable manner, if there is a market for such expression. (Ord. 726 § 2, 1997)
5.30.010 Definitions.
For purposes of this chapter, certain terms and words are defined as follows:
A. “Adult cabaret” means any commercial premises, including any cabaret premises, to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment to any member of the public.
B. “Adult entertainment” means:
1. Any exhibition, performance or dance of any type conducted on a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
3. Any exhibition, performance or dance intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
C. “Applicant” means the individual or entity seeking a cabaret license in the city of Lake Forest Park.
D. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult cabaret business, based on responsibility for management of the adult cabaret business.
E. “Cabaret” means any nightclub, bar, restaurant, tavern, saloon, room, place or space whatsoever in the city in which any music, singing, dancing, or other similar entertainment is permitted.
F. “Clerk” means such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof.
G. “Employee” means any and all persons, including managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of any cabaret.
H. “Entertainer” means any person who provides adult entertainment within an adult cabaret as defined in this section, whether or not a fee is charged or accepted for entertainment.
I. “Liquor” means all beverages defined in RCW 66.04.010.
J. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret, and includes assistant managers working with or under the direction of a manager to carry out such purposes.
K. “Operator” means any person operating, conducting or maintaining an adult cabaret.
L. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, government entity, or other entity or group of persons however organized.
M. “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to a cabaret.
N. “Sexual conduct” means acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object; or
3. Any contact between person involving the sex organs of one person and the mouth or anus or another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another.
O. “Significant interest” means any partnership interest, sole ownership, ownership of stock or other equity interest equal to 20 percent of the value of the corporation, or authority to formulate corporate policy or the supervision in a managerial capacity of a manager, assistant manager or employee.
P. “Specific criminal offense” means an offense for prostitution or promotion of prostitution, sale or distribution or obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which:
1. Less than two years have elapsed since the date of conviction or the date or release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or
2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24-month period. (Ord. 726 § 2, 1997)
5.30.020 License required.
A. It is unlawful for any person to conduct, manage or operate an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter.
B. It is unlawful for any entertainer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult cabaret.
C. It is unlawful for any entertainer to perform in an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so.
D. It is unlawful for any manager to work in an adult cabaret unless such person is the holder of a valid and subsisting license from the city to do so. (Ord. 726 § 2, 1997)
5.30.030 License prohibited to certain classes.
No license shall be issued to:
A. A natural person who has not attained the age of 21 years, except that licenses may be issued to persons who have attained the age of 18 years with respect to cabarets where no intoxicating liquors are served or provided.
B. A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee, or in the case of a manager of an adult cabaret, the manager has obtained a manager’s license.
C. A partnership or copartnership, unless all the members thereof are qualified to obtain a license as provided in this chapter. Such license shall be issued to the manager or agent thereof.
D. A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the manager or agent thereof. (Ord. 726 § 2, 1997)
5.30.040 Application.
A. Adult Cabaret License.
1. All applications for an adult cabaret license shall be submitted to the clerk in the name of the person or entity proposing to conduct an adult cabaret on the business premises and shall be signed by such person and certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:
a. For the applicant and for each applicant control person, provide names, any aliases or previous names, driver’s license number, if any, social security number, federal and/or state tax identification number, and business, mailing, and residential address, and business telephone number.
b. If a partnership, whether general or limited and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.
c. Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the city or another city, county or state, and if so, the names and addresses of each other licensed businesses.
d. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor.
e. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition.
f. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.
g. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.
h. The location and doing-business-as name of the proposed adult cabaret, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.
i. Two two-inch by two-inch color photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face.
j. A complete set of fingerprints for the applicant or each applicant control person, by Lake Forest Park police department employees.
k. A scale drawing or diagram showing the configuration of the premises for the proposed adult cabaret, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult cabaret shall include building plans which demonstrate conformance with LFPMC 5.30.070.
2. An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The clerk may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.
3. A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.
4. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
5. If any person or entity acquires, subsequent to the issuance of an adult cabaret license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the city clerk, no later than 21 days following such acquisition. The notice required shall include the information required for the original adult cabaret license application.
6. The adult cabaret license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult cabaret. The permit shall be posted in a conspicuous place at or near the entrance to the adult cabaret so that it can be easily read at any time the business is open.
7. No person granted an adult cabaret license pursuant to this chapter shall operate the adult cabaret business under a name not specified on the license, nor shall any person operate an adult cabaret under any designation or at any location not specified on the license.
8. Upon receipt of the complete application and fee, the clerk shall provide copies to the police, planning department and building official for their investigation and review to determine compliance of the proposed adult cabaret with the laws and regulations which each department administers. Each department shall, within 30 days of the date of such application, inspect the application and premises and shall make a written report to the clerk whether such application and premises comply 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 not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. An adult cabaret license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult cabaret is not in conformance with the requirement of this chapter or other law in effect in the city. A recommendation for denial shall cite the specific reason therefor, including applicable laws.
9. An adult cabaret license shall be issued by the clerk within 30 days of the date of filing a complete license application and fee, unless the clerk determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The clerk shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the clerk finds that the applicant has failed to meet any of the requirements for issuance of an adult cabaret license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the clerk fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable law, to operate the business for which the license was sought until notification by the clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional 20 days.
10. Original License – Interim Operation – Review. An applicant for an original license, whose license has been denied for reasons other than failure to comply with planning department or building code requirements, shall be allowed to commence operation until any applicable appeal period has expired without an appeal being filed or until the final determination of any appeal from a denial of the application.
B. Adult Cabaret Manager and Entertainer Licenses.
1. No person shall work as a manager, assistant manager or entertainer at an adult cabaret without an entertainer’s or manager’s license from the city. Each applicant for a manager’s or entertainer’s license shall complete an application on forms provided by the city containing the information identified below. A nonrefundable application fee as established periodically by city council resolution shall accompany the application. A copy of the application shall be provided to the police department for its review, investigation and recommendation. All applications for a manager’s or entertainer’s license shall be signed by the applicant and certified to be true under penalty of perjury. The manager’s or entertainer’s license application shall require the following information:
a. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Lake Forest Park police department employees, social security number, and any stage names or nicknames used in entertaining. The applicant shall be responsible for advising the clerk in writing of any change in home address. Failure of an applicant to maintain with the clerk the applicant’s current home address shall be a waiver of notice provisions in this chapter.
b. The name and address of each business at which the applicant intends to work.
c. Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:
i. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;
ii. A state-issued identification card bearing the applicant’s photograph and date or birth;
iii. An official passport issued by the United States of America;
iv. An immigration document issued by the United States of America; or
v. Any other identification that the city determines to be acceptable.
d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the city or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions.
e. A description of the applicant’s principal activities or services to be rendered.
f. Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application showing only the full face.
g. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.
h. Every adult entertainer shall provide his or her license to the adult cabaret 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 cabaret.
2. The clerk may request additional information or clarification when necessary to determine compliance with this chapter.
3. An adult cabaret manager’s or an adult entertainer’s license shall be issued by the clerk within 14 days of the date that the complete application and fee are received unless the clerk determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the clerk determines that the applicant has failed to qualify for the license applied for, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the clerk has failed to approve or deny any application for an adult cabaret manager’s license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as an adult cabaret manager in a duly licensed adult cabaret until notified by the clerk that the license has been denied, but in no event may the clerk extend the application review for more than an additional 20 days.
4. An applicant for a cabaret manager’s or adult entertainer’s license shall be issued a temporary license upon the clerk’s receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the clerk extend the application review time for more than an additional 20 days. (Ord. 849 § 1, 2001; Ord. 787 § 1, 1999; Ord. 726 § 2, 1997)
5.30.050 Cabaret license fees.
A. Any person desiring to obtain an adult cabaret license shall first pay a license fee as established periodically by city council resolution.
B. Any person desiring to obtain an adult cabaret manager’s license shall first pay a license fee as established periodically by city council resolution.
C. Any person desiring to obtain an adult cabaret entertainer’s license shall first pay a license fee as established periodically by city council resolution. (Ord. 787 § 1, 1999; Ord. 726 § 2, 1997)
5.30.060 Appeal.
A. Denial of License. Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the Lake Forest Park city council, or to such other hearing examiner or body (jointly, “examiner”) as may hereafter be established by the city council for the hearing of license appeals, by filing a notice of appeal with the clerk within 10 days of notice of the action from which the appeal was taken. The filing of the appeal shall stay the action of the clerk, pending the decision of the city council or city examiner. The appeal shall be processed under rules established or approved by the city council. The city council or city examiner shall set a date for hearing such appeal, to take place within 45 days of the date of receipt of the notice of appeal. At such hearing the appellant and other interested person may appear and be heard, subject to rules and regulations of the city council or city examiner. The city council or city examiner shall. render its decision on the appeal within 15 days following the close of the appeal hearing.
B. The decision of the city council or city examiner shall be final unless the decision is appealed to King County superior court by filing with the court and service on the city clerk within 10 days of such decision. If the city council or city examiner affirms the city clerk’s action to deny, suspend or revoke a license, then that decision shall take effect within 10 days of such decision. If the city council or city examiner does not affirm the city clerk’s suspension or revocation action, then the decision shall take effect immediately upon entry.
C. In cases of summary suspension of licenses because of the threat of immediate serious injury or damage to persons or property pursuant to LFPMC 5.30.090(G) the city council or city examiner, upon receipt of timely notice of appeal, shall set a date for a hearing within 15 days of the date of such receipt. The city council or city examiner shall render a decision within 15 days of the conclusion of the hearing. The filing of such appeal shall not stay the action of the city clerk or other official.
D. Appeal to Superior Court. Any person aggrieved by the decision of the city council or city hearing examiner may appeal to the King County superior court as provided in LFPMC 5.30.060(B). Except for summary suspension pursuant to LFPMC 5.30.090(G), the filing of an appeal shall stay the action of the clerk, pending a final judicial decision. (Ord. 849 § 2, 2001; Ord. 726 § 2, 1997)
5.30.070 Standards of conduct and operation – Adult cabarets.
A. The following standards of conduct must be adhered to by employees of any adult cabaret while in any area in which members of the public are allowed to be present:
1. 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, as described in subsection D of this section, at least 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public.
2. No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) 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.
3. No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulate the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.
4. No employee or entertainer shall caress, fondle or erotically touch any member of the public. No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer.
5. No employee or entertainer shall perform actual or simulated acts 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.
6. No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the adult cabaret unless that dance, performance or exhibition is performed at a distance of no less than four feet, measured torso-to-torso, from the member of the public for whom the dance, performance or exhibition is performed.
7. Payments – Gratuities.
a. No payments, 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.
b. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any member of the public. 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 cabaret or provided through a manager on duty on the premises.
c. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult cabaret 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.
d. Any payment, tip or gratuity not paid directly to an entertainer shall be paid by the manager to the entertainer, subject to any written agreement between the entertainer and the adult cabaret.
8. An adult cabaret shall execute and maintain a written contract with each employee who is an entertainer at the adult cabaret. The contract shall specify the terms of the employment, independent contract or other relationship between the adult cabaret and the entertainer. A copy of each written contract shall be retained on the premises of the adult cabaret and available for inspection by the city.
B. At any adult cabaret, the following are required:
1. Admission must be restricted to persons of the age of 18 years or more. It is unlawful for any owner, operator, manager or other person in charge of an adult cabaret to knowingly permit or allow any person under 18 years of age to be in or upon such premises.
2. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the adult cabaret.
3. No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the adult cabaret, which shall include but are not limited to, the dressing rooms of the entertainers or other rooms provided for the benefit of employees, or the kitchen, and storage areas; except, that persons delivering goods and materials, foods and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.
C. The responsibilities of the manager of an adult cabaret shall include but are not limited to:
1. A licensed manager shall be on duty at an adult cabaret at all times adult entertainment is being provided or members of the public are present on the premises. The name and license of the manager shall be prominently posted during business hours. The manager shall not allow any person to provide adult entertainment within the premises unless there is located on premises an entertainer’s license in the name of that person and on its face is for the year in which the entertainer is providing adult entertainment.
2. The licensed manager on duty shall not be an entertainer.
3. A manager or assistant manager shall be present in the performance area or in any separate performance areas whenever an adult entertainer is performing.
4. A manager or assistant manager shall not knowingly permit an employee to caress, fondle or erotically touch any member of the public while on the premises of the adult cabaret.
5. The manager shall be responsible for transfer of payments, tips and gratuities to entertainers.
D. Premises – Specifications.
1. Performance Area. The performance area of the adult cabaret where adult entertainment as described in subsection (A)(1) of this section is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which members of the public have access. A continuous railing at least three feet in height and located at least eight feet from all points of the performance area shall separate the performance area and the patron seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein adult entertainment is provided must be visible from the common areas of the premises and at least one manager’s station. Visibility shall not be blocked or obstructed by doors, curtains, drapes or any other obstruction whatsoever.
2. Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers, is hereby established for all areas of the adult cabaret where members of the public are admitted.
3. Signs. A sign at least two feet by two feet, with large bold lettering letters at least one-inch high, shall be conspicuously displayed in the public area(s) of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF LAKE FOREST PARK. ENTERTAINERS ARE:
A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT
B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE.
C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE
D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA
4. Recordkeeping Requirements.
a. All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days’ written notice. The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.
b. Each adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. This information shall be open to inspection by the clerk during hours of operation of the business upon 24 hours’ notice to the licensee.
5. Inspections. In order to ensure compliance with this chapter all areas of licensed adult cabarets which are open to members of the public shall be open to inspection by city officers, agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.
E. It is unlawful for any adult cabaret to be operated or otherwise open to the public between the hours of 2:00 a.m. and 8:00 a.m.
F. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals or other dramatic works that are not obscene;
2. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
3. Exhibitions, performances, expressions or dances that are not obscene.
The provisions of this section are not intended to and do not prohibit the simulation of sexual acts which are part of nonobscene expression.
G. Whether or not activity is obscene shall be judged by consideration of the following factors:
1. Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex; and
2. Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2)(b); and
3. Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 976 § 1, 2008; Ord. 804 §§ 1, 2, 1999; Ord. 761 § 1, 1998; Ord. 726 § 2, 1997)
5.30.080 License term – Assignment – Renewals.
A. There shall be no prorating of the license fees set out in LFPMC 5.30.050, and such licenses in effect on the day the city assumes enforcement responsibility shall expire on the thirty-first day of December of each year, except in the event that the original application is made subsequent to June 30th, then one-half of the annual fee may be accepted for the remainder of said year on the expiration date set forth in the license, and if application for renewal is made, then annually on the renewal date thereafter. Licenses issued under this chapter shall not be assignable.
B. Application for renewal of licenses issued hereunder shall be made to the clerk no later than 30 days prior to the expiration of adult cabaret licenses, and no later than 14 days prior to the expiration of adult cabaret manager and entertainer licenses. The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter. There shall be assessed and collected by the clerk, an additional charge, computed as a percentage of the license fee, on applications not made on or before said date, as follows:
|
Days Past Due |
Percent of License Fee |
|
7 – 30 |
25% |
|
31 – 60 |
50% |
|
61 and over |
75% |
C. The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal; and further provided, that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended. (Ord. 761 § 2, 1998; Ord. 726 § 2, 1997)
5.30.090 License denial, suspension and revocation – Hearing.
A. Denial of License Application.
1. The clerk shall deny an original or renewal license application if it is demonstrated by a preponderance of the evidence that one or more of the following findings is true:
a. The premises to be used for the adult cabaret are not in compliance with applicable laws and ordinances.
b. An applicant is under 18 years of age.
c. An applicant has failed to provide information required by this chapter or has falsely answered a question or request for information on the application form.
d. An applicant has failed to comply with any provision or requirement of this chapter.
e. An application fee required by this chapter has not been paid.
f. An applicant has been convicted of a specific criminal offense within the time periods provided in LFPMC 5.30.010(P).
2. Denial of an original or renewal license application is subject to appeal as set forth in LFPMC 5.30.060.
B. Clerk’s Action. The clerk may, upon the recommendation of the chief of police or designee and as provided in this section, deny, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or 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 his servants, agents or employees when the licensee knew or should have known of the violations committed by his servants, agents or employees; or 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 his 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 premises in which a cabaret is conducted when the licensee knew or should have known of the violations committed by servants, agents or employees of the licensee.
C. Revocation – Suspension.
1. A license procured by fraud or misrepresentation shall be revoked.
2. Where other violations of this chapter or other applicable ordinances, statutes 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 subsequent 24-month period, and revoked for third and subsequent violations within a subsequent 24-month period, not including periods of suspension.
D. Notice. The clerk shall provide at least 10 days’ prior written notice to the licensee at the licensee’s last known address as shown in the clerk’s file. The notice of suspension shall state the reasons for the proposed suspension or revocation and that such suspension or revocation shall become effective within 30 days of the date of notice unless the licensee files an appeal in accordance with the provisions of LFPMC 5.30.060. If the clerk elects to provide notice by mail, service of the notice shall be deemed complete upon the third day following the day upon which the notice of suspension or revocation is placed in the mail postage prepaid, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday, following the third day.
E. Appeal. The licensee may appeal the action of the clerk by filing a notice of appeal with the clerk within 10 days of notice of suspension. The filing of the appeal shall stay the action of the clerk, pending the decision of the city council or city examiner.
F. Hearing – Appeal. The city council or city hearing examiner shall conduct a hearing and render its decision as provided in LFPMC 5.30.060. Any person aggrieved by the decision of the city council or the city hearing examiner shall have the right to appeal the decision, within 10 days of the date of the decision, to King County superior court as provided in LFPMC 5.30.060(B) and (D).
G. Imminent Threat. Where the Lake Forest Park clerk, building official or fire marshal or their designees or the King County health department find that any condition exists upon the premises of a cabaret or adult cabaret 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 LFPMC 5.30.060(C). 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 city council or city examiner under the same appeal provisions set forth in LFPMC 5.30.060(C); 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. 849 § 3, 2001; Ord. 726 § 2, 1997)
5.30.100 Liquor regulations.
Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington State Liquor Control Board shall control. (Ord. 726 § 2, 1997)
5.30.110 Violation a misdemeanor.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Each violation shall be punishable, as fixed by the court, by a fine of not more than $1,000, or imprisonment for a maximum term not to exceed 90 days, or by both such fine and imprisonment; provided, that whenever the court imposes probation as a condition of deferring imposition of sentence or suspending sentence upon a person licensed under this chapter, the court shall provide that upon finding of a violation of probation, the court shall revoke the violator’s license; and provided further, that whenever a person licensed under this chapter is convicted of a second offense within two years of the date of a prior conviction, the court shall revoke that person’s license. (Ord. 804 § 3, 1999; Ord. 766 § 1, 1998; Ord. 726 § 2, 1997)
5.30.120 Nuisance declared.
A. Public Nuisance. Any adult cabaret operated, conducted or maintained in violation of this chapter or any law of the city of Lake Forest Park or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining an adult cabaret contrary to the provisions of this chapter.
B. Moral Nuisance. Any adult cabaret operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth herein, commence an action or actions, to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW. (Ord. 726 § 2, 1997)
5.30.130 Additional enforcement.
The remedies found in this chapter are not exclusive, and, the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. (Ord. 726 § 2, 1997)
5.30.140 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected. (Ord. 726 § 2, 1997)