Chapter 5.62
PANORAMS, PREVIEWS, PICTURE ARCADES, PEEP SHOWS

Sections:

5.62.010    Definitions.

5.62.020    Panoram premises license required.

5.62.030    Panoram manager’s license required.

5.62.040    Panoram device license required.

5.62.050    License fees – Terms – Assignment – Renewals.

5.62.060    License application – Report by city departments.

5.62.070    Licensing – Compliance with other city ordinances.

5.62.080    Inspections.

5.62.090    Issuance of licenses.

5.62.100    Suspension or revocation of licenses.

5.62.110    Premises regulations.

5.62.115    Unlawful acts.

5.62.120    Access or use by persons under 18 prohibited.

5.62.130    Civil remedies.

5.62.140    Code violations, penalties and enforcement.

5.62.150    Conflicting sections or provisions.

5.62.170    Purpose.

5.62.010 Definitions.

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

A. “Business license clerk” means city employees or agents the community development director shall designate to administer this chapter, or any designee thereof.

B. “Panoram,” “preview,” “picture arcade,” or “peep show” means any type of device which, for payment of a fee, membership fee, or other charge, is used to exhibit, project, illuminate, or display a photographed, videotaped, or magnetically reproduced image, picture, view, live entertainment, or other graphic display. 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 gambling devices regulated by the state.

C. “Panoram manager” means any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of any panoram premises.

D. “Panoram premises” means 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.

E. “Panoram station” means the portion of any panoram premises on which a panoram device is located and from which the panoram picture, view, or graphic display is to be viewed. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1845 § 1, 1991; Ord. 1520 § 2, 1986)

5.62.020 Panoram 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 business license clerk 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. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 3, 1986)

5.62.030 Panoram manager’s license required.

A licensed manager shall be on the premises of a panoram premises at all times that the panoram premises is open for business. No person shall work as manager at a panoram premises without first having obtained a manager’s license from the director or director’s designee pursuant to this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 4, 1986)

5.62.040 Panoram device license required.

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

B. A panoram device license shall be issued for panoram devices placed for operation in a business. Such license shall be transferable from one panoram device to another within that business; provided, the total number of devices placed for operation shall not at any time exceed the number of panoram device licenses issued to that business. A current panoram device license shall be securely attached to each machine and shall not be transferable outside of the business.

C. The current panoram license shall be posted in a conspicuous place at the business location and shall not be transferable nor assignable.

D. The business license clerk shall prescribe the form of such license and number the same. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 5, 1986)

5.62.050 License fees – Terms – Assignment – Renewals.

A. All licenses issued pursuant to this chapter shall be granted for one year from the date of issue, unless renewed. All license fees shall be payable on an annual basis. An application for renewal of any license required by this chapter may be submitted each calendar year per the requirements of LMC 5.04.040. The licenses required under this chapter are separate from the license required under Chapter 5.06 LMC.

B. Annual license fees shall be as shown in Chapter 3.104 LMC for the following:

1. Panoram premises license;

2. Panoram device license;

3. Panoram manager’s license;

4. Master license.

C. Licenses issued under this chapter may not be assigned nor transferred to other operators, premises, or devices located in such other premises.

D. Applications for renewal of licenses shall be processed per LMC 5.04.040.

E. The master license fee is payable by any person, firm, or corporation (herein “lessor”) who leases or rents to or places with others for use of play any panoram device; provided, this fee is only applicable when the lessor does not obtain a panoram premises license. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2656 §§ 1, 2, 2006; Ord. 1976 §§ 1, 2, 1993; Ord. 1520 § 6, 1986)

5.62.060 License application – Report by city departments.

A. Any person seeking a panoram premises, panoram manager’s or panoram device license shall file a written application with the business license clerk on a form provided by the business license clerk for that purpose. All applications for a panoram premises license shall be submitted in the name of the person or entity proposing to conduct such business, and shall be signed by such person, or his agent, and notarized or certified as true under penalty of perjury under the laws of the state of Washington. All applications for a panoram premises license shall be submitted on a form supplied by the business license clerk, which form shall require the following information:

1. The name, home address, home telephone number, date and place of birth, and social security number of the applicant, if the applicant is an individual;

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

3. The names, addresses, telephone numbers, and social security numbers of any partners, corporate officers and directors, managers, persons holding an ownership or leasehold interest in the panoram premises, and persons holding any other significant interest in the panoram premises similar to that of an owner or leaseholder, specifying the interest or management responsibility of each. For the purpose of this subsection, “significant interest” shall mean an interest similar to that of an owner or leaseholder with responsibility for management of the panoram business.

B. All applications for a panoram device license shall be submitted on a form supplied by the business license clerk, and shall be submitted in the name of the person or entity owning the panoram devices, and shall be signed by such person or his agent, and notarized or certified as true under penalty of perjury under the laws of the state of Washington. The form shall require the following information:

1. The business name, address and telephone number of the location of the panoram devices;

2. The name, address, and telephone number of the owner of the panoram devices;

3. A description of each of the panoram devices located at the business; and

4. The name and address of the owner of the business where the panoram devices are located.

C. All applications for a manager’s license shall be signed by the applicant, and notarized or certified to be true under penalty of perjury under the laws of the state of Washington. All applications shall be submitted on a form supplied by the business license clerk, which shall require the following information:

1. The applicant’s name, home address, home telephone number, date and place of birth, and social security number.

2. Every application for a manager’s license must submit to fingerprinting by the Lynnwood police department, and shall submit with his application, in duplicate, a full-face photograph of the applicant, the photographs to be of the size of one-inch square. One photograph shall become a part of the applicant’s license, if issued, and one photograph shall be filed with the city business license clerk.

3. With the application, 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:

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

b. An identification card bearing the applicant’s photograph and date of birth issued by the state of Washington.

4. Upon receipt of the fully completed application, the investigation by the Lynnwood police department, and the license fee, if the applicant is 18 years of age or older, the business license clerk may issue the license promptly.

D. If any person or entity acquires, subsequent to the issuance of a panoram premises license, a significant interest, as defined in subsection (A)(3) of this section, in the licensed premises, notice of such acquisition shall be provided in writing to the business license clerk within three Lynnwood business days after acquiring such interest. The information required to be provided in such notice shall be that information required pursuant to subsection (A)(3) of this section.

E. The business license clerk, upon presentation of such panoram premises, panoram device and manager’s applications, and before acting upon the same, shall refer such application to the Lynnwood police department, which shall make a full investigation as to the truth of the statements contained therein, and to any other city or county department or division that is appropriate under the circumstances, including, but not limited to, the fire, building, planning, public works, and licensing departments and divisions, and the Snohomish County health department. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1845 §§ 2, 3, 4, 1991; Ord. 1520 § 7, 1986)

5.62.070 Licensing – Compliance with other city ordinances.

All other city approval and permit issuance, other than those specifically set forth herein, including but not limited to fire, building and zoning, are separate from the licensing process set forth in this chapter. The granting of any license or the providing of any approval, pursuant to this chapter, shall not be deemed to be an approval of any city permit or approval not specifically set forth in this chapter. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 8, 1986)

5.62.080 Inspections.

A. Applicants for any license authorized to be issued under this chapter shall allow the premises and the devices sought to be licensed to be inspected in accordance with the provisions of this section by authorized agents or personnel of the Lynnwood police, fire, planning, licensing, building, and public works departments and divisions and by authorized inspectors from the Snohomish County health department, for the purpose of determining whether such premises and devices comply with this chapter.

B. Licensees operating premises and devices licensed under this chapter shall hold those areas of the premises which are accessible to the public, and the devices therein, open for routine regulatory inspection by the city during normal business hours, for the purpose of determining whether the licensed premises and devices comply with the requirements of this chapter. This section shall not restrict nor limit the right of entry otherwise vested in any city, county, state, or federal law enforcement agency, the Lynnwood fire department, or its other departments and divisions. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1845 § 5, 1991; Ord. 1520 § 9, 1986)

5.62.090 Issuance of licenses.

A. After an investigation, the director or director’s designee shall issue the applicable license or licenses authorized by this chapter, if the director or director’s designee finds that:

1. The applicant complies with all the requirements of this chapter;

2. The applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not made any false, misleading or fraudulent statement of fact in the application for a license, or in any report or record required to be filed with the business license clerk; 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 license application shall be approved or disapproved within 30 days from the date of filing a completed application which complies with the requirements of this chapter, unless the applicant agrees to an extension of the time period in writing.

C. If, after investigation, the director or director’s designee determines that the application for, or renewal of, any license authorized to be issued pursuant to this chapter should be denied, the director or director’s designee shall notify the applicant pursuant to the notice of denial provisions set forth in LMC 5.04.030. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1845 §§ 6, 7, 1991; Ord. 1520 § 10, 1986)

5.62.100 Suspension or revocation of licenses.

A. Authority to Suspend or Revoke.

1. Upon the giving of 15 days’ notice, the director or director’s designee may suspend or revoke any license issued pursuant to this chapter for a period of time not to exceed one year where one or more of the following conditions exist:

a. The license was procured by fraud or false representation of fact in the application or in any report or record required to be filed with the clerk.

b. The building, structure, equipment, operation 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 or does not comply with or fails to meet the standards of other applicable health, zoning, building, fire, or safety laws of the state of Washington or Lynnwood.

c. The licensee, his or her employee, agent, partner, director, officer or manager has violated or knowingly permitted violation of any provisions of this chapter.

2. If the business license clerk finds that any of the conditions set forth in this section exist and such conditions constitute an immediate threat of serious injury or damage to any person or property, the business license clerk may immediately suspend or revoke any license issued hereunder without prior notice and opportunity to be heard so long as a hearing in accordance with subsection (B) of this section is thereafter provided.

B. Notice Procedures and Hearing and Right to Appeal.

1. Whenever the director has determined that a license required by this chapter shall be suspended or revoked, the director or director’s designee shall issue a notice of suspension or notice of revocation to the licensee.

2. 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 (B)(3) of this section.

3. 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. 1845 § 8, 1991; Ord. 1520 § 11, 1986)

5.62.110 Premises regulations.

All panoram premises shall conform to the following requirements:

A. Premises Requirements.

1. The entire interior of the panoram premises shall be arranged in such a manner that the interior of every panoram station, booth, or stall is visible from a continuous main aisle, at least six feet wide, and in such a manner that the entire back of any person viewing a panoram device is visible when observed from the continuous main aisle. The panoram station, booth, or stall shall at no time be obscured by any curtain, door or other enclosure, nor shall it contain any chair, stool, or other seating device.

2. In the event that subsection (A)(1) of this section is declared invalid or unconstitutional by a court of competent jurisdiction, then all panoram premises shall conform to the following requirements:

a. The entire interior of the panoram premises shall be arranged in such a manner that the interior of every panoram station, booth or stall is visible from a continuous main aisle at least six feet wide. The view from the continuous main aisle of any person inside a station, booth, or stall shall not be obstructed except by a door, curtain, or other screening device of no greater dimension than permitted in this section, and in no event, may the view from the continuous main aisle into the booth, station, or stall be constructed or designed in such a way as to prevent the determination of the number of persons therein.

b. Line of Sight. A line of sight unobstructed by any door, curtain, or other screening device shall be provided from a point beginning 60 inches in front of and 66 inches above the center of the entrance to the booth, station, or stall, to a line two inches above the entire bottom of the back wall of the booth, station, or stall.

c. Booth Doors – Minimum Height from Floor. The bottom of any door, curtain, or screening device shall be not less than 24 inches above the floor of the panoram booth, station, or stall.

d. Seating. No panoram booth, station, or stall having a door, curtain or other screening device at its entrance shall contain any chair or other seating surface unless it has at a location between 66 inches and 78 inches above the floor, an opening 12 inches in height and at least 24 inches in width providing an unobstructed view through either open space or clear and clean window glass to the side and back walls of the station, booth, or stall. Any chair or other seating surface more than 18 inches in either length or width shall not be higher than the bottom of the door, curtain, or other screening device. The cumulative width of the legs or support for each such chair or seating surface shall not obstruct more than five horizontal inches of the sight line required by this section and there shall be no more than one such chair or seating device in any panoram station, booth, or stall.

B. Doors to areas on the premises which are available for use by persons other than the licensee or his employees shall not be locked during business hours.

C. Illumination shall be maintained which is equally distributed in all parts of the premises available for use by the public at all times when the premises are open or when any member of the public is permitted to enter and remain there. Such illumination shall not be less than 10 foot-candles at floor level. Illumination within each panoram booth, station, or stall must be sufficient to allow the determination of the number of persons therein by viewing from the continuous main aisle required by this section.

D. The entire floor area of a panoram booth, station, or stall must be level with the continuous main aisle. No steps or risers are allowed in any such booth or stall.

E. 1. The licensee shall permanently post in a conspicuous place and maintain on the interior and exterior of each booth, station, or stall on the panoram premises a sign stating:

Occupancy of this booth is at all times limited to only one person. Violators are subject to criminal prosecution under the Lynnwood Municipal Code.

2. Each such sign shall be on a contrasting background and be no smaller than three-quarters inch in height.

F. The licensee shall not operate or maintain any warning system or device of any kind whatsoever for the purpose of warning customers or patrons or any other persons occupying panoram booth, stations, or stalls located on the licensee’s premises that police officers or other city, state, or federal agents or personnel are approaching or have entered the licensee’s premises.

G. A licensed panoram manager shall be on the premises at all times that the panoram premises are open to the public for business.

H. Panoram station, booth, or stall partitions shall be constructed of wood, or other solid and opaque material. No openings in such partitions for ventilation or other purposes shall extend higher than 12 inches from the floor or lower than 84 inches from the floor. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1976 § 3, 1993; Ord. 1845 § 10, 1991; Ord. 1520 § 12, 1986)

5.62.115 Unlawful acts.

A. It is unlawful for any person to occupy a panoram booth, station, or stall at the same time it is occupied by any other person.

B. It is unlawful to put any chair, stool, or seating surface in any panoram station, booth, or stall or to stand or kneel on any chair, stool, or seating surface that has been placed therein.

C. It is unlawful for any licensee, employee, agent, worker, or other person in charge of the licensee’s premises to warn, or aid and abet the warning of, customers or patrons or any other persons occupying panoram booths, stations, or stalls on the licensee’s premises that police officers or other city, county, state, or federal agents or personnel are approaching or have entered the licensee’s premises. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1845 § 11, 1991)

5.62.120 Access or use by persons under 18 prohibited.

It is unlawful for anyone under the age of 18 years to be in or upon any panoram premises, or to use any panoram device upon any panoram premises, and it is unlawful for any operator or owner of a panoram device, or for any manager or other person in charge of any panoram premises, to permit or allow anyone under 18 years of age to be upon such premises, or to use any such device. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 13, 1986)

5.62.130 Civil remedies.

The violation of or failure to comply with any of the provisions of this chapter is declared to be unlawful and a public nuisance. The city may seek legal or equitable relief to enjoin any act or practice which constitutes or will constitute a violation of any regulation herein adopted. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 14, 1986)

5.62.140 Code violations, penalties and enforcement.

A. The violation of any provision of this chapter shall constitute a misdemeanor punishable by a fine of up to $1,000 or imprisonment up to 90 days or by both such fine and imprisonment.

B. The remedies provided herein for violations of or failure to comply with provisions of this chapter, shall be cumulative and shall be in addition to any other remedy provided by law.

C. Each day or part of a day during which any provision of this chapter is violated, continued, or permitted shall constitute a separate offense. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 2698 § 12, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 1845 § 12, 1991; Ord. 1520 § 15, 1986)

5.62.150 Conflicting sections or provisions.

In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter and those set forth elsewhere in the Lynnwood Municipal Code, the sections and provisions of this chapter shall govern and supersede those set forth elsewhere. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 16, 1986)

5.62.170 Purpose.

It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

Nothing contained in this chapter is intended to be, nor shall be construed, to create or form the basis for any liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from the failure of an applicant/licensee to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1520 § 18, 1986)