Chapter 5.20PANORAMS, PREVIEWS, PICTURE ARCADES AND PEEP SHOWS

Sections:

5.20.005
Purpose.
5.20.010
Definitions.
5.20.020
Applicability.
5.20.030
Panoram Premises License Required.
5.20.040
Panoram Owner's License Required.
5.20.045
Panoram Manager's License Required.
5.20.050
Panoram Device License Required.
5.20.060
License Fees - Terms - Assignment - Renewals.
5.20.070
License Application - Report by City Departments.
5.20.080
Inspection of Panoram Premises.
5.20.090
Issuance of Licenses.
5.20.100
Suspension or Revocation of Licenses - Notice - Summary Suspension.
5.20.110
Appeal and Hearing.
5.20.120
Premises Regulations.
5.20.130
Violation a Misdemeanor.
5.20.005Purpose.

This Chapter is intended to provide general protection of the general public, health, safety, and welfare of the citizenry of the City through the regulation of the operations of panoram premises. The regulations set forth herein are intended to prevent health and safety problems in and around panoram premises and to prevent dangerous and unlawful conduct in and around panoram premises. (Ord. 53 § 3 (part), 1996.)

5.20.010Definitions.

As used in this Chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

A. “City” means the City of Lakewood, Washington, and also means, where consistent with the context, the City Manager or designee or other appropriate representative of the City, including the law enforcement department/agency of the City or representative(s) thereof.

B. “Panoram,” “preview,” “picture arcade” or “peep show” means any device which, for payment of a fee, membership fee, or other charge, is used to view, exhibit or display a film, videotape, or videodisc. All such devices are denominated in this Chapter by the terms “panoram” or “panoram device.” The terms panoram and panoram device as used in this Chapter do not include games which employ pictures, views or video displays, or state regulated gambling devices.

C. “Panoram premises” means any premises or portion of any premises on which any panoram device is located and to which members of the public are admitted. The term panoram premises as used in this Chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.

D. “Panoram station” means the portion of any panoram premises on which a panoram device is located and where a patron or customer would ordinarily be positioned while watching the panoram device.

E. “Person” means and includes but is not limited to natural persons of either sex, firms, corporations, partnerships or associations. (Ord. 53 § 3 (part), 1996.)

5.20.020Applicability.

This Chapter shall constitute the exclusive means of licensing “panorams,” “previews,” “picture arcades,” or “peep shows” and no other City licensing provisions shall apply to the subject matter licensed under this Chapter 5.20. (Ord. 53 § 3 (part), 1996.)

5.20.030Panoram Premises License Required.

A. It is unlawful to display, exhibit, expose or maintain upon any premises to which members of the public are admitted any panoram device without a valid and current license for such premises, to be designated a “panoram premises license.”

B. A separate license is required for each panoram premises and the same shall at all times be conspicuously posted and maintained therein.

C. The City shall prescribe the form of such license, number the same, and shall indicate thereon the number of panoram devices which may be operated thereunder, and the location of the licensed panoram premises. (Ord. 53 § 3 (part), 1996.)

5.20.040Panoram Owner's License Required.

It is unlawful to own and exhibit or display for public use, or to place with another, by lease or otherwise, for public use, exhibit or display, any panoram device without a valid and current license to be designated a “panoram owner's license.” The City shall prescribe the form of such license and shall number the same. (Ord. 53 § 3 (part), 1996.)

5.20.045Panoram Manager's License Required.

It is unlawful to operate or manage any panoram business, device or operation without a valid and current license to be designated a “panoram manager's license.” The City shall prescribe the form of such license and shall number the same. (Ord. 79 § 7, 1996.)

5.20.050Panoram Device License Required.

A. It is unlawful to exhibit or display for public use any panoram device upon any panoram premises without first having obtained a license for each such panoram device, to be designated a “panoram device license.”

B. Panoram device licenses shall be issued for specific panoram premises only and shall not be transferable.

C. The current panoram device license for each panoram device shall be securely attached to such panoram device in a conspicuous place.

D. The City shall prescribe the form of such license and number the same. (Ord. 53 § 3 (part), 1996.)

5.20.060License Fees - Terms - Assignment - Renewals.

Each license required herein shall expire one year from the date of issuance by the City, unless renewed. Upon renewal, each license shall be valid for an additional year from the date of expiration, unless suspended, revoked, or closed. License fees shall be in accordance with LMC 3.20.010, the fee schedule, at least one copy of which shall be kept on file in the Office of the Lakewood City Clerk. (Ord. 548 § 2, 2012; Ord. 288 § 5, 2002; Ord. 245 § 4, 2000; Ord. 87 § 3, 1996; Ord. 79 § 3, 1996; Ord. 53 § 3 (part), 1996.)

5.20.070License Application - Report by City Departments.

A. Any person seeking a panoram premises, panoram owner's or panoram device license shall file a written application with the City on a form provided by the City for that purpose.

1. The applicant himself must prepare and sign the application. If the applicant is a partnership, a partner must sign and the names of the partners in full shall be given with their current residences. If the applicant is a corporation, an authorized officer thereof must sign and the names and current residences of all of the officers and directors or trustees of the corporation shall be given together with the location of the principal office or place of business of such corporation. All corporations must designate an agent to receive service for said corporation.

2. The City Manager or designee, upon presentation of such application and before acting upon the same, shall refer such application to the law enforcement department/agency of the City, which shall make a full investigation as outlined in Subsection C of this Section, and to the departments by the City and to other municipal jurisdictions in the vicinity, and the Tacoma-Pierce County Health Department, which shall investigate and provide information to the City Manager or designee concerning compliance of the premises and devices sought to be licensed with this and other all applicable City and State health, zoning, building, fire and safety ordinances and laws.

B. The following information shall accompany each application for a license:

1. Panoram premises license:

a. The name, address and telephone number of each person applying for the license;

b. The name, address and telephone number of each person holding an ownership, leasehold or interest in the panoram premises;

c. The name, address and telephone number of the manager or other person responsible for the operation of the premises;

d. The address of the premises;

e. The number of panoram devices to be located on the premises;

f. A sketch or drawing sufficient to show the layout of the premises, including all information necessary to determine whether the premises complies with the provisions of this Chapter.

2. Panoram device license:

a. The name, address and telephone number of each person applying for the license;

b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in the panoram device;

c. The name, address and telephone number of each person responsible for the operation of the panoram;

d. The address at which the panoram device is be located;

e. A description, including make, model and serial number of the device.

3. Panoram owner's license:

a. The name, address and telephone number of each person applying for the license;

b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in each panoram device:

c. A list of all panoram devices and premises at which panoram devices are located together with a description, including make, model and serial number of all panoram devices.

4. Panoram manager's license:

a. The name, address and telephone number of each person applying for the license;

C. The investigation by the law enforcement department/agency of the City shall include a review of all criminal records of the applicant. Further, the investigation shall consist of fingerprinting and photographing the applicant, a full investigation of the truth of the statements in the application, and all other matters which might tend to aid in the determination of whether to grant the license. The law enforcement department/agency of the City shall then inform the City Manager or designee as to the results of his investigation and his recommendation as to the disposition of said application.

D. Applicants shall also provide proof of identity including showing at least two identification cards satisfactory to the City, at least one of which shall be a picture identification card such as a current State of Washington Driver's License or valid State of Washington Identification Card. (Ord. 79 § 4, 1996; Ord. 53 § 3 (part), 1996.)

5.20.080Inspection of Panoram Premises.

A. Applicants for any license authorized to be issued under this Chapter shall allow the premises and devices sought to be licensed to be inspected by authorized inspectors from the City, and the Tacoma-Pierce County Health Department, for the purpose of determining whether they comply with this Chapter.

B. Licensees operating premises and devices licensed under this Chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by the City during normal business hours. (Ord. 53 § 3 (part), 1996.)

5.20.090Issuance of Licenses.

A. After the investigation by the law enforcement department/agency of the City herein, the City Manager or designee shall approve or deny all applications for licenses required hereunder.

B. No license shall be issued pursuant to the provisions of this title to the following persons:

1. Any applicant, his or her employee, agent, partner, director, officer, stockholder or manager who knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the City;

2. Any person who is not eighteen years of age at the time of the application;

3. Any person who has been convicted of a felony or misdemeanor, excluding minor traffic violations, if:

a. The felony or misdemeanor for which he was convicted directly relates to the license sought, and

b. The time elapsed since the felony is less than ten years, or

c. The time elapsed since the misdemeanor is less than three years.

This Section shall not preclude the fact of any prior conviction of a felony or misdemeanor from being considered;

4. Any person who has had a license revoked within a period of one year prior to the date of making application for a license hereunder;

5. Any person who is not qualified under any specific provision of this title for any particular license for which application is made;

6. Any person who at the time of application is in default in the payment of any sum due the City for any license;

7. Any person whose license is under suspension or revocation at the time of application for a license;

8. Any partner, corporate officer, director, or stockholder who does not meet the qualifications of this Section.

No license shall be issued unless the premises where the activity is to be conducted complies with the requirements of all governmental agencies, including, but not limited to, federal, state, city and county resolutions relating to buildings, fire, health, sanitation, zoning, taxation, public safety, and all other requirements and conditions specifically set forth in other Sections of this title. The mere filing of an application for a license shall not give the applicant any right to engage in the activity covered thereby.

C. The decision of the City Manager or designee regarding issuance of any license shall be rendered within 30 days of the date of filing of the application. (Ord. 53 § 3 (part), 1996.)

5.20.100Suspension or Revocation of Licenses - Notice - Summary Suspension.

A. After an investigation and upon the recommendation of either the City, or the Tacoma-Pierce County Health Officer, the City Manager or designee shall, upon thirty days' notice, temporarily or permanently suspend or revoke any license issued pursuant to this Chapter where one or more of the following conditions exist:

1. The license was procured by fraud or false representation of material fact in the application or in any report or record required to be filed with the City Manager or designee; or

2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this Chapter;

3. Any person, or any of his servants, agents, or employees, who has been convicted of a felony or misdemeanor, excluding minor traffic violations, if:

a. The felony or misdemeanor of which he was convicted directly relates to the license held under this Chapter, and

b. The time elapsed since the felony is less than ten years, or

c. The time elapsed since the misdemeanor is less than three years.

B. If the City Manager or designee finds that any condition set forth in Section 5.20.100 A. of this Chapter exists, and that such condition constitutes a threat of immediate serious injury or damage to person or property, the City Manager or designee shall immediately suspend any license issued under this Chapter pending a hearing on the decision of the City Manager or designee to suspend or revoke the license, in which event the licensee shall be entitled to a hearing in accordance with Section 5.20.110. The notice of immediate suspension of license given pursuant to this Subsection shall set forth the basis for the action of the City Manager or designee and the facts supporting the finding of the City Manager or designee regarding the condition found to exist that constitutes a threat of immediate serious injury or damage to person or property. (Ord. 53 § 3 (part), 1996.)

5.20.110Appeal and Hearing.

A. Any person aggrieved by the action of the City Manager or designee in refusing to issue or renew any license under this Chapter or in temporarily or permanently suspending or revoking any license issued under this Chapter shall have the right to appeal such action to the City’s Hearing Examiner.

B. The decision of the Hearing Examiner on an appeal from a decision of the City Manager or designee shall be based upon a preponderance of the evidence. The burden of proof shall be on the City Manager or designee. (Ord. 585 § 14, 2014; Ord. 53 § 3 (part), 1996.)

5.20.120Premises Regulations.

The City shall not license any panoram premises which do not conform to the following requirements, and shall revoke or suspend the license of any panoram premises, and the license of any operator thereof, which do not maintain conformity with the following requirements:

A. The interior of every panoram station shall be visible from a continuous main aisle and shall not be obscured by any curtain, door, wall, or other enclosure.

B. The licensee shall not permit any doors to public areas on the premises to be locked during business hours in compliance with the applicable provisions of the City of Lakewood Building Code, Uniform Fire Code, and National Fire Protection Association Code.

C. The licensee shall maintain illumination generally distributed in all parts of the premises available for use by the public, in compliance with the applicable provisions of the City of Lakewood Building Code, Uniform Fire Code, and National Fire Protection Association Code at all times when the premises are open or when any member of the public is permitted to enter and remain therein.

D. The licensee shall not permit more than one person to occupy a panoram station at any time and public notices to this effect shall at all times be conspicuously posted and maintained on the panoram premises. (Ord. 53 § 3 (part), 1996.)

5.20.130Violation a Misdemeanor.

Any person violating any of the provisions in this Chapter is guilty of a misdemeanor. (Ord. 53 § 3 (part), 1996.)