Chapter 5.44
ADULT ENTERTAINMENT BUSINESS LICENSING AND REGULATION*

Sections:

5.44.010    Definitions.

5.44.020    Findings of fact.

5.44.030    Penalties.

5.44.040    Additional enforcement.

5.44.050    Business hours.

5.44.060    Activities not prohibited.

5.44.070    License suspension or revocation.

5.44.080    Administrative appeal.

5.44.090    Hearing examiner – Appeal, general powers and duties.

5.44.100    Hearing examiner – Conflict of interest and freedom from improper influence.

5.44.110    Appeal briefs.

5.44.120    Public hearing.

5.44.130    Date, time, place for hearing.

5.44.140    Burden of proof.

5.44.150    Hearing examiner’s decision – Findings required.

5.44.160    Reconsideration.

5.44.170    Action after hearing.

5.44.180    Appeal from hearing examiner’s decision.

5.44.190    Waiver of right to appeal.

5.44.200    Stay during administrative and judicial appeal.

5.44.210    License for establishment required – Fee.

5.44.220    License for managers, entertainers required – Fee.

5.44.230    Due date for license fees.

5.44.240    License applications.

5.44.245    Manager’s, entertainer’s license denial.

5.44.250    Manager on premises.

5.44.260    Advertising rules and regulations.

5.44.270    Standards of conduct and operation.

5.44.280    List of entertainments, fees.

5.44.290    Physical layout of premises – Sight obstructions.

5.44.300    Notice to customers.

5.44.310    Additional requirements for panorams.

5.44.320    Additional requirements for adult entertainment establishments.

5.44.330    Severability.

*Prior legislation: Ords. 1292 and 1333.

5.44.010 Definitions.

For the purpose of this chapter the words and phrases used in this chapter shall have the following meanings unless the context otherwise indicates:

A. “Adult entertainment” means:

1. Any 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 pubic region, anus, buttocks, vulva or genitals, or any portion of the female breast below the top of the areola or wearing any device or covering exposed to view which simulates the appearance of any portion of the pubic region, anus, buttocks, vulva or genitals, or the female breast below the top of the areola 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 patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing; or

4. Any “panoram premises,” which shall mean a business or commercial establishment where on the premises or a portion of the premises, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panoram, peep show, or similar machines, or other image producing machines, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions for individual viewing by the public on the premises of the business, with the viewed materials being characterized by the depiction or description of nudity or of specified sexual activities as defined above at subsection (A)(2) of this section and/or where on the premises there is individual viewing by use of a panoram device of live adult entertainment; or

5. Any “adult motion picture theater,” which shall mean a motion picture theater business or commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions characterized by the depiction or description of nudity or of specified sexual activities as defined above at subsection (A)(2) of this section are regularly shown.

B. “Adult entertainment establishment” means any commercial premises to which any patron is invited or admitted and where adult entertainment as defined above at subsection A of this section is provided.

C. “Applicant” means the individual or entity seeking an adult entertainment license in the city of Milton.

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 entertainment establishment, based on responsibility for management of the adult entertainment business.

E. “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 adult entertainment establishment.

F. “Entertainer” means any person who provides live adult entertainment whether or not a fee is charged or accepted for such entertainment.

G. “Manager” means any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.

H. “Operator” means any person operating, conducting or maintaining an adult entertainment establishment.

I. “Panoram” or “peep show” means any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances.

J. “Panoram premises” means any premises or portion of a premises or portion of a premises on which a panoram is located and which is open to the public, including through membership.

K. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.

L. “Sexual conduct” means acts of:

1. Sexual intercourse within its ordinary meaning; or

2. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or

3. Masturbation, manual or instrumental, of oneself or of one person by another; or

4. Touching of the sex organs or anus of oneself or of one person by another. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.020 Findings of fact.

Based on public testimony and other evidence presented to it, the city council on February, 1996, makes the following findings of fact by adoption of Ordinance 1292:

A. The secondary effects of the activities defined and regulated in this chapter are detrimental to the public health, safety, morals and general welfare of the citizens of the city and, therefore, such activities must be regulated. Studies and reports from other jurisdictions relied upon include the August 9, 1995, report by Federal Way city attorney Londi K. Lindell to the Federal Way mayor and councilmembers and the summary of land use studies from 13 other jurisdictions, copies of which are attached to the ordinance codified in this chapter as Exhibits “A” and “B.”

B. Regulation of the adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult entertainment industry has included prostitution, illegal employment of minors, narcotics and alcoholic beverage law violations, breaches of the peace, tax evasion and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.

C. Proximity or contact between entertainers and patrons during adult entertainment performances or between patrons in panorams and adult motion picture theaters can facilitate sexual contact, prostitution and related crimes. Concerns about crime and public sexual activity are legitimate and compelling concerns of the city which demand reasonable regulation of adult entertainment establishments in order to protect the public health, safety and general welfare.

D. The activities described in subsections B and C of this section occur, in the absence of regulation, regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages.

E. It is necessary to license entertainers in the adult entertainment industry to prevent the exploitation of minors, to ensure that each such entertainer is an adult and to ensure that such entertainers have not assumed a false name, which would make regulation of the entertainer difficult or impossible.

F. It is necessary to have a licensed manager on the premises of establishments offering adult entertainment at such times as such establishments are offering adult entertainment so that there will at all necessary times be an individual responsible for the overall operation of the adult entertainment establishment, including the actions of patrons, entertainers and other employees.

G. The license fees required in this chapter are necessary as nominal fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the city in regulating the adult entertainment industry.

H. 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. These hidden ownership interests have historically been held by organized and white-collar crime elements. In order for the city to effectively protect the public health, safety, morals and general welfare of its citizens and effectively allocate its law enforcement resources, it is important that the city be fully apprised of the actual ownership of adult entertainment establishments, and identities and backgrounds of persons responsible for management and control of the adult entertainment establishment.

I. It is not the intent of this chapter to suppress or censor any expressive activities protected by the First Amendment of the United States Constitution or Article 1, Section 5 of the Washington State Constitution, but rather to enact time, place and manner regulations which address the compelling interests of the city in mitigating the secondary effects of adult entertainment establishments.

J. In an undercover operation in 1995, police officers entered the Deja Vu live adult entertainment establishment in neighboring Federal Way, Washington over an approximately five-month period. Approximately 24 criminal violations were charged for acts occurring while the officers were inside Deja Vu. Police officers repeatedly observed managers ignoring criminal law violations committed inside Deja Vu, within a short distance from the manager. Managers would look at the patrons/officers while criminal violations were committed by the entertainers. Entertainers continuously violated the Federal Way City Code. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.030 Penalties.

A. Criminal Penalty. Any person violating any of the terms of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished as provided in Chapter 1.08 MMC.

B. Civil Penalty. In addition to any other penalty provided in this section or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation, to be directly assessed by the police chief. The police chief, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present violations committed; and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this chapter. (Ord. 2029 § 1, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.040 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the police chief may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provision of this chapter. (Ord. 2029 § 2, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.050 Business hours.

No adult entertainment shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.060 Activities not prohibited.

A. This chapter shall not be construed to prohibit:

1. Plays, operas, musicals or other dramatic works which are not obscene as defined below at subsection B of this section;

2. Classes, seminars and lectures held for serious scientific or educational purposes; or

3. Exhibitions or dances which are not obscene.

B. 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. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.070 License suspension or revocation.

A. The police chief may suspend or revoke any license issued under this chapter:

1. Where such license was procured by fraud or false representation of fact; or

2. 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 its servants, agents or employees when the licensee knew or should have known of the violations committed by its servants, agents or employees; or

3. 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 the licensee’s 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 licensed premises when the licensee knew or should have known of the violations committed by its servants, agents or employees.

B. A license procured by fraud or misrepresentation shall be revoked. 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 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension.

C. The police chief shall provide at least 10 days’ prior written notice to the licensee of the decision to suspend or revoke the license. Such notice shall inform the licensee of the right to appeal the decision for hearing by a hearing examiner and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.

D. Notification shall be by personal service or registered or certified mail, return receipt requested, of the decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for the suspension or revocation. The suspension or revocation shall give notice that it shall become effective 10 days from the date the notice is delivered or deemed received unless the person affected thereby files a written request with the police chief for a hearing before the hearing examiner within such 10-day period.

E. Where the city of Milton public works director or designee, fire marshal, police chief, or the Pierce or King County health department finds that any condition exists upon the premises of an adult entertainment establishment 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 MMC 5.44.080. 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 hearing examiner under the same appeal provisions set forth in subsection C of this section; 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. 2029 § 3, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.080 Administrative appeal.

A. Notice of Appeal. Any person falling under the provisions of this chapter may appeal for a hearing before an appointed hearing examiner from any notice of suspension, denial or revocation or civil penalty assessment by filing with the city clerk within 10 days from the date the notice is delivered or deemed received, a written appeal containing:

1. A caption reading: “Appeal of _______” giving the names of all appellants participating in the appeal;

2. A brief statement setting forth the legal interest of each of the appellants participating in the appeal;

3. A copy of the order being appealed together with a brief statement in concise language of the specific order or action protested, and, if relevant, any material facts claimed to support the contentions of the appellant;

4. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

5. The signatures of all parties named as appellant, and their official mailing addresses;

6. The verification, by declaration under penalty of perjury, of each appellant as to the truth of the matters stated in the appeal; and

7. An affidavit or declaration of service upon the city clerk personally or by mail to the City Hall of the original appeal.

B. Notice to Mayor. Upon receipt of the notice of appeal set forth in subsection A of this section, the city clerk shall provide within one working day of receipt a copy to the mayor. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.090 Hearing examiner – Appeal, general powers and duties.

A. Appeals shall be heard by the city’s hearing examiner (appointed pursuant to Chapter 2.54 MMC).

B. The hearing examiner shall have the power and duty to receive and examine relevant information in any appeal for which he/she is appointed, to conduct all appeal hearings for each case for which he/she is appointed, to prepare and enter findings of fact and conclusions of law and issue final decisions for each case heard on appeal.

C. The hearing examiner’s decision shall be based upon the policies and provisions of this chapter and all relevant provisions of the city’s comprehensive plan, municipal code, and any other relevant plan, regulation, federal or state law, including case law.

D. Upon application of either party to an appeal or upon the independent action of the hearing examiner, the hearing examiner may consolidate appeals where the evidence or underlying issues are related, and consolidation would expedite the efficiency of the appeals process without jeopardizing the rights of the parties. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.100 Hearing examiner – Conflict of interest and freedom from improper influence.

A. The appearance of fairness doctrine, as set forth in Chapter 42.36 RCW, shall apply to the hearing examiner.

B. No councilmember, city official, or any other person shall interfere or attempt to interfere with the hearing examiner in the performance of his/her designated duties. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.110 Appeal briefs.

Each party to an appeal shall be entitled to file an opening brief with the hearing examiner; provided, that a copy is also served upon all parties no later than three working days prior to a hearing. The hearing examiner shall have the authority to impose conditions upon the filing of briefs, including time and service. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.120 Public hearing.

A. Before rendering a decision on any application or appeal, the hearing examiner shall hold at least one public hearing thereon with participation at the hearing limited to the parties, their attorney(s) of record, and witnesses called by the parties.

B. All public hearings conducted by the hearing examiner shall be recorded. Any testimony provided shall be under oath.

C. The hearing examiner shall review all appeals by reviewing all evidence admitted and by taking testimony. The hearing examiner shall give consideration to, but shall not be bound to, follow the superior court civil rules of evidence.

D. The hearing examiner shall prescribe rules and regulations for the conduct of hearings. The hearing examiner may make rulings that include, but are not limited to, provisions for the issuance of preliminary decisions in complex cases, and the authorization for parties to propose draft findings of fact.

E. The opportunity to cross-examine witnesses shall be afforded all parties or their counsel. (Ord. 2029 § 4, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.130 Date, time, place for hearing.

As soon as practicable after receiving the written appeal, the hearing examiner shall fix a date, time and place for the hearing of the appeal. Such date shall be not less than 10 days nor more than 30 days from the date the hearing examiner is appointed, unless the parties agree to an extension of time. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant and to the police chief, as the respondent, by the hearing examiner either by causing a copy of such notice to be delivered to the parties personally or by mailing a copy thereof, postage prepaid, addressed to the parties or to their attorney of record, if any party is represented by counsel. (Ord. 2029 § 5, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.140 Burden of proof.

In any appeal filed pursuant to this chapter, the city shall have the burden of proving, by a preponderance of the evidence, that it correctly determined that a violation of the chapter has occurred supporting the city’s enforcement action. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.150 Hearing examiner’s decision – Findings required.

When the hearing examiner renders a decision he or she shall make and enter findings of fact from the record and conclusions of law thereof which support such decision. The findings of fact shall be supported by substantial evidence in the record and the conclusions of law shall be based upon the applicable law. All decisions of the hearing examiner shall be rendered within 10 working days following the conclusion of all testimony and hearings and closing of the record, unless a longer period is mutually agreed to by the applicant or appellant and the hearing examiner. Upon issuance of the hearing examiner’s decision, the hearing examiner shall transmit a copy of the decision by certified mail to the appellant and by regular mail to other parties of record. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.160 Reconsideration.

Any party believing that the decision of the hearing examiner was not supported by substantial evidence in the record or that the hearing examiner failed to apply the law correctly may make a written request for reconsideration by the hearing examiner within seven working days of the written decision. The request shall specifically set forth the alleged errors. The hearing examiner may, after review of the record, take such further action as he or she deems proper including convening an additional hearing, and may render a revised decision. The decision of the hearing examiner shall be subject to reconsideration only one time, even if the hearing examiner reverses or modifies his or her original decision. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.170 Action after hearing.

Upon completion of the hearing, the hearing examiner shall:

A. Render their written decision including findings and conclusions within 15 days following the close of the appeal hearing. Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the decision to the Pierce County superior court within 14 days of the hearing examiner’s decision, by writ of certiorari. The decision of the police chief shall be stayed during the pendency of any judicial appeals except as provided in MMC 5.44.200.

B. Affirm the police chief’s or official’s decision.

C. Reverse or modify the police chief’s or official’s decision. (Ord. 2029 § 6, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.180 Appeal from hearing examiner’s decision.

An appeal from a decision of the hearing examiner shall be to the Pierce County superior court and shall be served and filed within 30 days of the decision of the hearing examiner. In the event either party does not follow the procedures within the time periods set forth in this chapter, the action of the hearing examiner shall be final. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.190 Waiver of right to appeal.

Failure of any person to file an administrative appeal to the hearing examiner in accordance with the provisions of this chapter shall constitute a waiver of his or her right to subsequent appeal of said decision to superior court. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.200 Stay during administrative and judicial appeal.

The decision of the police chief or other official to suspend, revoke or refuse to renew a license under this chapter shall be stayed during the administrative appeal and any subsequent judicial review, except that the police chief’s refusal to issue an initial license shall not be stayed and an appeal from a license suspension pursuant to MMC 5.44.070(E) shall not be stayed. (Ord. 2029 § 7, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.210 License for establishment required – Fee.

A. Adult entertainment establishments shall not be operated or maintained in the city unless the operator has first obtained a license from the finance department, as set forth in this chapter. It is unlawful for any entertainer, manager, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operation of any unlicensed adult entertainment establishment.

B. The fee for an adult entertainment establishment license in the city as required in this chapter is $500.00 per year. All fees are nonrefundable. (Ord. 2029 § 8, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.220 License for managers, entertainers required – Fee.

No person shall work as a manager or entertainer at an adult entertainment establishment without having first obtained a manager’s or an entertainer’s license from the finance department. The annual fee for such a license shall be $75.00. All fees are nonrefundable. (Ord. 2029 § 9, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.230 Due date for license fees.

A. The initial license fee required by MMC 5.44.210 is due and payable to the finance department at least three weeks before the opening of the adult entertainment establishment.

B. The license fee required by MMC 5.44.220 is due and payable to the finance department before the beginning of such entertainment or beginning employment.

C. Every license issued or renewed pursuant to this chapter shall expire on December 31st of each year.

D. The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made, and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31st of each respective calendar year. (Ord. 2029 § 10, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.240 License applications.

A. Adult Entertainment Establishment License.

1. Required Information. All applications for an adult entertainment establishment license shall be submitted to the finance department in the name of the person or entity proposing to operate the adult entertainment establishment on the business premises and shall be signed by such person or his or her agent and notarized or 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. The name of the applicant, location and doing-business-as name of the proposed adult entertainment establishment, 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.

b. 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, if any, and business, mailing and residential address, and business telephone number.

c. If the applicant is 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.

d. For the applicant and each applicant control person, list any other licenses currently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panoramas, whether from the city or another city, county or state, and if so, the names and addresses of each other licensed business.

e. For the applicant and each applicant control person, list prior licenses held for similar adult entertainment or other sexually oriented businesses, whether from the city or from another city, county or state, 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.

f. 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.

g. 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.

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

i. Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application, showing only the full face.

j. For the applicant or each applicant control person, a complete set of fingerprints prepared at South Sound 911 on forms prescribed by the Milton police department.

k. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, 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 entertainment establishment shall include building plans with sufficient detail to demonstrate conformance with this chapter. Where the proposed adult entertainment business premises plans represent a proposed, but not yet completed design for which a building permit is required pursuant to Chapter 15.04 MMC, a business license may be issued for operation to begin contingent on the applicant complying with all building permit requirements and obtaining any required certificate of occupancy and/or approval from the public works department; provided, that the applicant has complied with all other requirements of this chapter.

l. The application must demonstrate compliance with the provisions of the city’s zoning code concerning allowable locations for adult entertainment establishment.

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 city 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. The nonrefundable application fee must be paid at the time of filing an 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 entertainment establishment 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 police chief no later than 21 days following such acquisition. The notice to the police chief shall include the same information required for an initial adult entertainment establishment license application.

6. The adult entertainment establishment 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 establishment. The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read at any time the business is open.

7. No person granted an adult entertainment establishment license pursuant to this chapter shall operate the establishment under a name not specified on the license, nor shall any person operate the establishment at any location not specified on the license.

8. Upon receipt of the complete application and fee, the finance department shall provide copies to the police, fire and public works departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 14 days of the date of such application, inspect the application and premises and shall make a written report to the police chief 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. Any adult entertainment establishment license approved prior to premises construction or remodeling 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 entertainment establishment is not in conformance with the requirements 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 entertainment establishment operator license shall be issued by the finance department within 30 days of the date of filing a complete license application and fee, unless the police chief 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 police chief shall notify the applicant within five working days of application submittal if application is incomplete, and shall grant an applicant’s request for a reasonable extension of time in which to provide all information required for a complete license application. If the police chief finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the police chief shall deny the application in writing and shall cite the specific reasons therefor, including applicable law. If the police chief 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 police chief that the license has been denied, but in no event may the police chief extend the application review time for more than an additional 20 days.

B. Application for Manager or Entertainer License.

1. Required Information. No person shall work as a manager, assistant manager or entertainer at an adult entertainment establishment without an adult entertainment manager or entertainer license from the city. All applications for a manager’s or entertainer’s license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city, which shall require the following information:

a. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by South Sound 911, 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.

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 of birth;

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

iv. An immigration card 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 this 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 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.

2. The police chief may request additional information or clarification when necessary to determine compliance with this chapter.

3. A manager’s or an entertainer’s license shall be issued by the finance department within 14 days from the date the complete application and fee are received unless the police chief 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 on the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the police chief determines that the applicant has failed to qualify for the license applied for, the police chief shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the police chief has failed to approve or deny an application for a manager’s license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as a manager in a duly licensed adult entertainment establishment until notified by the police chief that the license has been denied, but in no event may the police chief extend the application review time for more than an additional 20 days.

4. Every adult entertainer shall provide his or her license to the adult entertainment establishment 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 entertainment establishment. (Ord. 2029 § 11, 2021; Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.245 Manager’s, entertainer’s license denial.

A. The police chief may deny any license applied for under this chapter if application was a fraudulent or false representation of fact.

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

1. Any person who, if licensed, is likely to present a danger to the public health, safety, or welfare by reason of any of the following:

a. The applicant has been convicted of a crime, which relates directly to the specific occupation, trade, vocation, or business for which the license is sought, provided the time elapsed between the violation and the date of license application is less than three years for felony conviction, or less than one year for a misdemeanor conviction.

b. The applicant has had a similar license revoked or suspended pursuant to the provisions of Chapter 5.04 MMC.

c. The city license officer has reasonable grounds to believe applicant to be dishonest or to desire such license to enable applicant to practice some illegal act or some act injurious to the public health or safety.

2. Any person who is not qualified under any specific provision of this title for any particular license for which application is made. (Ord. 2029 § 12, 2021; Ord. 1447 § 1, 2001).

5.44.250 Manager on premises.

A licensed manager shall be on the premises of an adult entertainment establishment at all times that adult entertainment is being provided. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.260 Advertising rules and regulations.

A. No adult entertainment or adult entertainment performance may be advertised, nor tickets sold, prior to the obtaining of all required licensing by the establishment, manager, assistant manager, and all entertainers or performers.

B. All advertising must be in compliance with city sign code regulations. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.270 Standards of conduct and operation.

The following standards of conduct must be adhered to by employees or operators and performers of any adult entertainment establishment whether or not license is issued:

A. 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 at least 18 inches above the immediate floor level and removed at least eight feet from the nearest patron.

B. No employee or entertainer mingling with patrons shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection A 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.

C. No employee or entertainer mingling with patrons shall wear or use any device or covering exposed to view which simulates the female breast below the top of the areola, vulva, genitals, anus or buttocks.

D. No employee or entertainer shall caress, fondle or erotically touch any patron. No operator, manager, employee, or entertainer shall encourage or permit any patron to caress, fondle or erotically touch any employee or entertainer. No employee or entertainer shall sit on a patron’s lap or separate a patron’s legs.

E. 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.

F. No employee or entertainer mingling with patrons shall conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a torso-to-torso distance of no less than four feet from the patron or patrons for whom dance, performance or exhibition is performed.

G. No 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. No entertainer performing upon any stage area shall be permitted to accept any form of gratuity offered directly to the entertainer by any patron. 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 entertainment establishment or provided through a manager on duty on the premises. Any gratuity or tip offered to any adult entertainer conducting any performance, dance or exhibition in or about the nonstage area of the adult entertainment establishment 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. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.280 List of entertainments, fees.

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 list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.290 Physical layout of premises – Sight obstructions.

Every place offering adult entertainment shall be physically arranged in such a manner that:

A. Performance Area. The performance area where adult entertainment as described in MMC 5.44.010(A) and 5.44.270(A) 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 patrons have access. A continuous railing three to five feet in height above the floor 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.

B. No activity or entertainment occurring on the premises shall be visible at any time from any other public place. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.300 Notice to customers.

A sign shall be conspicuously displayed in a common area of the premises which shall read as follows:

    This adult entertainment establishment is regulated by the City of Milton. 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 OR GRATUITIES DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA.

(Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.310 Additional requirements for panorams.

The following additional requirements must be adhered to at any panoram or peep show:

A. The interior of the panoram or peep show premises shall be arranged in such a manner as to insure that patrons are fully visible from the waist down, and all persons viewing such panoram pictures shall be visible from the entrance to each panoram.

B. The licensee shall not permit any doors to public areas on the premises to be locked during business hours.

C. Any room or area on such premises shall be readily accessible at all times for inspection by any law enforcement officer or license inspector.

D. Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons a program, menu or list printed in eight-point type will be readable by the human eye with 20/20 vision from two feet away.

E. The use of any panoram or peep show device shall be limited to a single patron or customer at a time. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.320 Additional requirements for adult entertainment establishments.

At any adult entertainment establishment, the following are required:

A. Admission must be restricted to persons of the age of 18 years or more.

B. No adult entertainment shall be visible outside of the adult entertainment establishment, nor any photograph, drawing, sketch or other pictorial or graphic representation which includes lewd matter as defined in Chapter 7.48A RCW or display of sexually explicit material in violation of RCW 9.68.130.

C. Sufficient lighting shall be provided in and equally distributed in and about the parts of the premises which are open to patrons so that all objects are plainly visible at all times, and so that on any part of the premises which is open to patrons a program, menu or list printed in eight-point type will be readable by the human eye with 20/20 vision from two feet away. This subsection shall not apply to the theater section of an adult motion picture theater during the showing of any movie, film, or material. (Ord. 1447 § 1, 2000; Ord. 1434 § 1, 1999).

5.44.330 Severability.

If any action, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 1447 § 1, 2001).