Chapter 5.12
CABARETS, TAVERNS AND RESTAURANTS*

Sections:

5.12.010    Definitions.

5.12.020    License – Required when.

5.12.030    License – Classes.

5.12.035    Licensing restrictions.

5.12.040    License – Fees.

5.12.050    License – Grounds for revocation – Appeal – Fee nonrefundable.

*Prior legislation: Ords. 596 and 1204.

5.12.010 Definitions.

As used in this chapter:

A. “Cabaret” means any establishment licensed for the sale of liquor where dancing, entertainment, or music other than radio is provided for the amusement of the patrons thereof.

B. “Restaurant” means any place where food or drink is prepared or served to or provided for the public, either on the premises or elsewhere, with or without charge, such as restaurants, cafes, cafeterias, dining rooms, street vendors, sandwich stands, soda fountains, drive-ins, and all other public eating and drinking establishments.

C. “Tavern” means any establishment licensed for the sale of liquor. (Ord. 2018 § 1, 2021; Ord. 1434 § 1, 1999).

5.12.020 License – Required when.

It is unlawful for any person, firm, corporation or association to operate or engage in the business of operating a tavern, cabaret, or restaurant in the city without first obtaining a license pursuant to the provisions of this chapter. (Ord. 1434 § 1, 1999).

5.12.030 License – Classes.

Licenses for the cabarets, taverns and restaurants shall be divided into three classes:

A. Class 1. A license authorizing music and entertainment only – cabarets;

B. Class 2. A license authorizing music, entertainment and dancing by the patrons – cabarets;

C. Class 3. A license for taverns and restaurants. (Ord. 1434 § 1, 1999).

5.12.035 Licensing restrictions.

A. Class 1 and Class 2 licenses shall not be issued for anyone whose place of business, within the one-year period immediately prior to the date of application for the license, or within the calendar year prior to the effective year of the license sought, has had 10 or more arrests with ensuing criminal charges resulting from activities within the place of business. The licensing restrictions of this subsection do not apply to Class 3 licenses.

B. Class 1, Class 2 and Class 3 licenses shall not be issued for anyone who, within five years prior to filing the application, has been convicted of a felony that is reasonably related to his/her fitness or ability to conduct, manage or operate the business. Furthermore, licenses shall not be issued for anyone whose Class 1, Class 2 or Class 3 license has been revoked by the city pursuant to MMC 5.12.050 within three years prior to filing the application, unless he or she can demonstrate to the city council, following a hearing on the same, that the cause or condition leading to the revocation has been clearly corrected or rectified. (Ord. 1703 § 1, 2007).

5.12.040 License – Fees.

The license fees shall be those fees adopted in the city’s fee schedule. (Ord. 1978 § 2, 2019; Ord. 1921 § 2, 2017; Ord. 1907 § 2, 2016; Ord. 1632 § 1, 2004; Ord. 1434 § 1, 1999).

5.12.050 License – Grounds for revocation – Appeal – Fee nonrefundable.

A. Any owner, manager, operator or employee of any of the licensed premises, as defined in this chapter, who violates any provision of this chapter as now adopted or hereafter amended, or the following set forth restrictions, or violates any city ordinance or provision thereof, or who violates any of the laws of the state or the rules, regulations, and permits under the Washington State Liquor Control Board shall, in addition to the penalty as provided for in this chapter, have the license as provided for in this chapter of said person, firm or corporation revoked or suspended by the mayor and the council:

1. Not to permit any gambling, card playing, or immoral conduct on such premises nor to keep, sell, give away or otherwise dispose of any narcotics on such premises nor permit the same to be kept, sold, given away or otherwise disposed of thereon by any person;

2. Not to have in their employ or financially interested in the business to be conducted, any person who has had their license revoked for cause by the council or who has been convicted of a crime involving moral turpitude.

3. Not to permit any intoxicating liquor kept for unlawful use, sale, or distribution or to allow any act done or any omission to perform a duty, which act, or omission shall:

a. Annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons; or

b. Offend public decency; or

c. Unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage a public park, square, street, alley, highway, or stream; or

d. In any way render a considerable number of persons insecure in life or the use of property.

4. In the event that 10 or more arrests with ensuing criminal charges resulting from activities occurring within the cabaret establishment occur within a one-year period, or within the calendar year for which the establishment’s current Class 1 or Class 2 license is effective, the establishment shall be permitted to continue as a tavern or restaurant, but no dancing, entertainment, or music other than digitalized streaming for background music only shall be allowed for the amusement of the patrons thereof.

5. Sponsors, encourages, condones, knowingly allows, or fails to reasonably prevent gross misdemeanor or felony activities at the establishment.

6. Violates any provision of the rules and regulations of the Tacoma-Pierce County health department and resolutions of Pierce County regarding restaurants which are now codified in Pierce County Code Chapter 4.16 as now constituted or as hereinafter amended.

B. Provided, that said person, firm or corporation may request a hearing before the council by giving written notice of appeal to the clerk within 15 days of notice of revocation or suspension; provided further, that the mayor and council may suspend said license for any term they deem appropriate.

C. If a license is revoked or suspended hereunder, the license fee shall be forfeited and not refundable. (Ord. 2022 § 1, 2021; Ord. 1703 § 2, 2007; Ord. 1434 § 1, 1999).