Chapter 5.50
ADULT ENTERTAINMENT

Sections:

5.50.010    Definitions.

5.50.020    Application of other provisions.

5.50.030    License required – Premises.

5.50.040    License required – Managers and entertainers.

5.50.050    Fees.

5.50.060    Application for license – Premises.

5.50.070    Application for license – Managers and entertainers.

5.50.080    Applicant investigation.

5.50.090    Application denial or approval – Notification.

5.50.100    Employee conduct.

5.50.105    Conduct prohibited.

5.50.110    Premises requirements.

5.50.120    Premises – Manager on premises required.

5.50.130    Premises – Hours of operation.

5.50.140    Premises – Age restrictions.

5.50.150    Additional prohibitions.

5.50.160    Exemptions.

5.50.170    License – Posting and display.

5.50.180    License – Unlawful to advertise without.

5.50.190    Enforcement.

5.50.200    Procedures for enforcement.

5.50.010 Definitions.

For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Adult entertainment” means:

1. An exhibition, performance or dance of any type conducted in 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 premise 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 which is 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, whether 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.

B. “Adult entertainment premises” means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member; but does not include that portion of an establishment licensed or required to be licensed as a “panoram” or “peep show” under the provisions of Chapter 5.62 LMC.

C. “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 an adult entertainment premises.

D. “Entertainer” means any person who on any occasion provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment, or whether or not the entertainer is paid.

E. “Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.

F. “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 entertainment premises.

G. “Operator” means any person operating, conducting or maintaining an adult entertainment business.

H. “Public place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.

I. “Working days” means Monday through Friday, except holidays observed by the city of Lynnwood (“Lynnwood”). (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2026 § 1, 1995; Ord. 1826 § 10, 1991; Ord. 1817 § 1, 1991; Ord. 1754 § 1, 1990; Ord. 1749 § 3, 1990)

5.50.020 Application of other provisions.

The licenses provided for in this chapter are subject to the general provisions of the Lynnwood Municipal Code set forth in Chapter 5.04 LMC as now or hereafter amended. In the event of a conflict between the provisions of Chapter 5.04 LMC and this chapter, the provisions of this chapter shall control. The licenses required under this chapter are separate from the license required under Chapter 5.06 LMC. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 2, 1990)

5.50.030 License required – Premises.

A. It is unlawful for any person to operate or maintain an adult entertainment premises in Lynnwood unless the owner, operator or lessee thereof has obtained from the director or the director’s designee a license to do so, to be designated an “adult entertainment premises license.”

B. It is unlawful for any entertainer, employee or manager to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult entertainment premises.

C. It is unlawful for any operator, manager, or employee of a licensed adult entertainment premises to knowingly permit any violation of this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1826 § 9, 1991; Ord. 1749 § 4, 1990)

5.50.040 License required – Managers and entertainers.

It shall be unlawful for any person on any occasion to work or perform as an entertainer or manager at an adult entertainment premises without having first obtained from the business license clerk a license to do so, to be designated an “adult entertainer’s license” or an “adult entertainment manager’s license,” respectively. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 5, 1990)

5.50.050 Fees.

The license year for all fees required under this chapter shall be for one calendar year. All license fees shall be payable on an annual basis as shown in Chapter 3.104 LMC for the following:

A. Adult entertainment premises license;

B. Adult entertainer’s license;

C. Adult entertainment manager’s license. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2656 §§ 1, 2, 2006; Ord. 1754 § 2, 1990; Ord. 1749 § 6, 1990)

5.50.060 Application for license – Premises.

All applications for an adult entertainment premises license shall be submitted in the name of the person proposing to conduct such adult entertainment on the premises and shall be signed by such person and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the business license clerk, and shall require the following information:

A. The name, residence address, home telephone number, date and place of birth, and social security number of the applicant;

B. The business name, address and telephone number of the establishment;

C. The names, residence addresses, residence telephone numbers, social security numbers and dates of births of any partners, corporate officers and directors;

D. Addresses of the applicant for the five years immediately prior to the date of application;

E. A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;

F. A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

G. Copies of any ownership documents, sale or purchase documents, or lease documents pertaining to the premises sufficient to allow the city to identify anyone with a property interest in the premises;

H. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application; and

I. A failure to provide information required by this section will constitute an incomplete application and will not be processed. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1826 §§ 1, 2, 1991; Ord. 1749 § 7, 1990)

5.50.070 Application for license – Managers and entertainers.

All applications for an adult entertainment manager’s license or adult entertainer’s license shall be signed by the applicant and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the business license clerk, and shall require the following information:

A. The applicant’s name, home address, home telephone number, date and place of birth, social security number and any stage names or nicknames used in entertaining;

B. The name and address of each business at which the applicant intends to work as a manager or entertainer;

C. The applicant shall present documentation that he or she has attained the age of 18 years. Any of the following shall be accepted as documentation of age:

1. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;

2. A state-issued identification card bearing the applicant’s photograph and date of birth;

3. An official passport issued by the United States of America;

4. An immigration card issued by the United States of America; or

5. Any other picture identification issued by a governmental entity;

D. The applicant shall provide two two-inch-by-two-inch, black-and-white photographs of the applicant, taken within six months of the date of the application, showing only the full face of such applicants. The two two-inch-by-two-inch, black-and-white photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it such photograph of the applicant; and

E. Failure to provide information required by this section will constitute an incomplete application and will not be processed. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 7, 1990)

5.50.080 Applicant investigation.

Upon filing of an application for a license required by this chapter, the business license clerk shall forward copies to the police department, the director, the building official and the fire chief, and within 30 days of the date of the application:

A. The police department shall investigate the statements set forth in the application and report to the business license clerk whether or not the information received by the police department confirms the information in the application; provided, that in the event of an application for an adult entertainer’s license or an adult entertainment manager’s license, such investigation shall be complete within three working days of the date of the application.

B. The director shall inspect the proposed establishment and report to the business license clerk whether the location of the proposed establishment is in conformity with the regulations of the zoning code.

C. The building official shall inspect the proposed establishment and report to the business license clerk whether it complies with the regulations of the building code.

D. The fire chief will examine the proposed establishment and report to the business license clerk whether it complies with the regulations of the fire prevention code. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2957 § 31, 2012; Ord. 1754 § 3, 1990; Ord. 1749 § 8, 1990)

5.50.090 Application denial or approval – Notification.

A. After an investigation, the director shall, within seven working days, but in no event more than 37 days from the date of the application, issue the applicable license or licenses for adult entertainment premises authorized by this chapter if the director finds that:

1. The business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire and safety laws of the city, as well as the requirements of this chapter;

2. The applicant, his or her employee, agent, partner, director, officer or manager has not 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; and

3. The applicant and all employees, agents, partners, directors, officers or managers of the applicant have attained the age of 18 years.

B. The director shall, within three working days after the date of an application for an adult entertainment manager’s license or an adult entertainer’s license, issue the applicable license or licenses authorized by this chapter, if the director finds that:

1. The applicant has not 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; and

2. The applicant has attained the age of 18 years.

C. Upon denial of any applicable license authorized by this chapter, the applicant has the right of appeal to the hearing examiner as set forth in Chapter 5.04 LMC. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1754 § 4, 1990; Ord. 1749 § 9, 1990)

5.50.100 Employee conduct.

The following standards of conduct upon the premises must be adhered to by employees of any adult entertainment premises:

A. 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 breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.

2. All adult entertainment shall occur upon a stage at least 18 inches above the immediate floor level and be removed at least six feet from the nearest patron.

B. Except as provided in subsection (A) of this section and LMC 5.50.160, no employee or entertainer shall perform acts of or acts which simulate:

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

2. The touching, caressing or fondling of the breasts, buttocks or genitals; or

3. The displaying of the pubic region, anus, vulva or genitals.

C. No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) of this section.

D. No employee or entertainer shall knowingly permit any person upon the premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

E. No employee or entertainer shall touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

F. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, buttocks, or any portion of the pubic region.

G. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.

H. No entertainer of any adult entertainment premises shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, on the premises.

I. No entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter.

J. No entertainer or manager shall solicit, demand, accept, or receive directly or indirectly any gratuity or other payment or consideration from a patron, customer, or member of the public. Only the listed and specified fixed fee or charge shall be charged for specified entertainment. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1926 § 3, 1991; Ord. 1975 § 1, 1993; Ord. 1826 § 4, 1991; Ord. 1749 § 10, 1990)

5.50.105 Conduct prohibited.

A. It is unlawful for any patron or customer to enter upon any stage during any time an entertainer is performing.

B. It is unlawful for any patron or customer, or member of the public to hand, pay, or give any gratuity or other payment or consideration to an entertainer or manager.

C. Violation of this section is a misdemeanor. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1975 § 2, 1993; Ord. 1826 § 5, 1991)

5.50.110 Premises requirements.

At any adult entertainment premises, the following are required:

A. 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 entertainment premises.

B. Sufficient lighting shall be provided and equally distributed in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times so that on any part of the premises which are open to and used by the public, a program, menu, or list printed in eight-point type will be readable.

C. A sign not less than two feet by two feet, with bold face print not less than 24-point, shall be conspicuously displayed in the common area of the premises, visible from the main entry, and shall read as follows:

This adult entertainment establishment is regulated by the city of Lynnwood. Entertainers are:

1. Not permitted to engage in any type of sexual conduct;

2. Not permitted to be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, any portion of the pubic region, buttocks, genitals or vulva and/or anus except upon a stage at least 18 inches from the immediate floor level and removed at least six feet from the nearest patron; and

3. Not permitted to solicit, demand, receive, accept, or collect any gratuity or payment directly or indirectly from a patron, customer, or member of the public.

D. The entire interior portion of the premises wherein adult entertainment is provided shall be visible from all common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction.

E. There shall be posted and conspicuously displayed in the common areas of each place offering adult entertainment a list of any and all entertainment provided on the premises. Such lists shall further indicate the specific fixed fee or a specific fixed charge in dollar amounts for each entertainment listed. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1975 §§ 3, 4, 5, 1993; Ord. 1826 §§ 6, 7, 1991; Ord. 1749 § 11, 1990)

5.50.120 Premises – Manager on premises required.

A. A licensed manager shall be on duty at an adult entertainment premises at all times adult entertainment is being provided. The name of the manager on duty shall be prominently posted during business hours.

B. It shall be the responsibility of the manager to verify that any person who provides adult entertainment within the premises possesses a current and valid entertainer’s license posted in the manner required by this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 17, 1990)

5.50.130 Premises – Hours of operation.

It is unlawful for any business or operation licensed as an adult entertainment premises to remain open to the public, or to conduct or operate business, whether for adult entertainment or otherwise, between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 14, 1990)

5.50.140 Premises – Age restrictions.

A. It is unlawful for any person under the age of 18 years to be in or upon any premises for which an adult entertainment premises license is required.

B. It is unlawful for any owner, operator, manager, or other person in charge of a premises for which an adult entertainment premises license is required to knowingly permit or allow any person under the age of 18 years to be in or upon such premises. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1826 §§ 3, 4, 1991; Ord. 1749 § 15, 1990)

5.50.150 Additional prohibitions.

A. No person shall touch, caress or fondle the breasts, buttocks, anus or genitals of any employee, entertainer or manager while on the adult entertainment premises.

B. Liquor, as now defined by Chapter 66.04 RCW, or as hereafter amended, shall not be distributed or consumed by any person on the premises unless the premises are licensed to serve the same by the Washington State Liquor and Cannabis Board.

C. Controlled substances as now defined by Chapter 69.50 RCW, or as hereafter amended, shall not be distributed or consumed by any person on the premises unless in accordance with a valid prescription issued by a practitioner licensed by the state of Washington.

D. It shall be unlawful for any person on any occasion to conduct or perform any adult entertainment for any compensation or gratuity of any kind whatsoever, whether direct or indirect, except in a licensed adult entertainment premises. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1876 § 1, 1992; Ord. 1749 § 13, 1990)

5.50.160 Exemptions.

A. 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 held for serious scientific or educational purposes that are not obscene;

3. Exhibitions, performances, expressions or dances that are not obscene; or

4. Athletic games or contests traditionally conducted so as to expose to view any portion of the male breast below the top of the areola (e.g., boxing or wrestling matches).

B. For purposes of this chapter, an activity is “obscene” if:

1. Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex;

2. The activity depicts patently offensive representations, as measured against community standards, of:

a. Ultimate sexual acts, normal or perverted, actual or simulated; or

b. Masturbation, fellation, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and

3. The activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1826 § 8, 1991; Ord. 1749 § 12, 1990)

5.50.170 License – Posting and display.

A. Every adult entertainer shall post his or her license in his or her work area, so it is readily available for inspection by city authorities responsible for enforcement of this chapter.

B. Every person, corporation, partnership or association licensed under this chapter as an adult entertainment premises or adult entertainment manager shall post such license in a conspicuous place and manner on the licensed premises. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 16, 1990)

5.50.180 License – Unlawful to advertise without.

It is unlawful to advertise the services of any establishment or employee as herein defined not licensed according to the provisions of this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1749 § 18, 1990)

5.50.190 Enforcement.

A. Any violation of the provisions of this chapter as now or hereafter amended shall be a gross misdemeanor, and shall be subject to a fine not to exceed $5,000, or imprisonment for a term not to exceed one year, or both such fine and imprisonment. Each day such violation continues shall be considered an additional and separate offense.

B. Notwithstanding any other provisions of this chapter, any violation of this chapter as now or hereafter amended by an operator, manager, employee or entertainer shall be subject to license suspension or revocation as follows:

1. Suspension. The director shall suspend the license of any person licensed as an operator, manager or entertainer for a period of 15 days upon determination by the director of a first violation of this chapter by the licensee.

2. Suspension. The director shall suspend the license of any person licensed as an operator, manager or entertainer for a period of 45 days upon determination by the director of a second violation of this chapter by the licensee.

3. Revocation. The director shall revoke the license of any person licensed as an operator, manager or entertainer upon determination by the director of a third violation of this chapter within three years. The period of revocation shall be two years. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2032 § 1, 1995; Ord. 1826 § 11, 1991; Ord. 1749 § 19, 1990)

5.50.200 Procedures for enforcement.

A. Whenever the director determines that any violation of this chapter has occurred, the director or director’s designee shall issue a notice of violation and suspension or revocation (“notice”) to the licensee.

B. The notice shall be sent to the licensee by certified and regular mail. The written decision shall specify the basis for the director’s determination along with the name of the person involved, dates and description of violation of this chapter, description of action proposed to be taken by the city, the effective date of the revocation or suspension and the procedures for appeal of the director’s determination as stated in subsection (C) of this section.

C. The decision of the director may be appealed by filing a written appeal with the community development department. The appeal must be filed within 10 business days of the director’s decision, include the appeal fee specified by Chapter 3.104 LMC, and state the factual grounds for the appeal. The hearing examiner shall set a date for the appeal hearing. The city shall notify the parties of record by mail of the time and place of the hearing, which shall be conducted as specified by LMC 1.35.200 et seq., Chapter 2.22 LMC and the rules for hearings adopted pursuant to LMC 2.22.080. Upon the filing of a timely appeal, the director’s decision to revoke or suspend the business license shall be stayed pending a final decision by the hearing examiner on the appeal. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2032 § 2, 1995; Ord. 1749 § 20, 1990)