Chapter 5.05
ENTERTAINMENT ESTABLISHMENT LICENSES
Sections:
5.05.030 Business license and entertainment license required – Reference to Type 1 or 2.
5.05.050 Application for Type 1 entertainment license – Process – Conditions of approval.
5.05.060 Application for Type 2 entertainment license – Process – Conditions of approval.
5.05.080 Liquor and Cannabis Board compliance for Type 2.
5.05.090 Revision of license conditions.
5.05.110 Notice and hearing prior to revocation.
5.05.010 Purpose.
The purpose of this chapter is to regulate the operation of entertainment for the protection of the public welfare, health, and safety of those that attend and patronize these establishments by requiring licenses for establishments providing entertainment only, or for establishments providing both entertainment and liquor. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.020 Definitions.
(1) “Amusement devices” means any machine or device which provides recreation or entertainment only, for which a charge is made for use or play, and includes, but is not limited to, pool tables, video games, pinball, shuffleboards, mechanical music machines, flipper games, bowling games, riding devices for not more than two persons, or other games operated by insertion of a coin or credit/debit card or operated by remote control or with a timing device, but shall not mean or include any machine or device used exclusively for the vending of merchandise or washing machines or similar devices.
(2) “Type 1 entertainment license” means a license issued to an establishment that provides entertainment but does not provide entertainment in connection with the business of directly or indirectly selling liquor for consumption on or within the premises.
(3) “Type 2 entertainment license” means a license issued to an establishment that provides entertainment in connection with the business of directly or indirectly selling liquor for consumption on or within the premises.
(4) “Dancing” means guests, patrons, entertainers or other persons engaged in the activity of dancing.
(5) “Director” means the Oak Harbor finance director or designee.
(6) “Entertainment” means singing, dancing, performing, or otherwise engaging in musical entertainment, presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a “DJ” or “disc jockey,” the presentations by single or multiple performers, such as hypnotists, mimes, comedians; musical song or dance acts, concerts, any type of contest; demonstrations of talent; pool or billiard tables, card tables, and amusement devices, or similar amusements to which the guests or members are invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or members. “Entertainment” in this chapter does not include theatrical performances, shows, or acts that are regularly performed in a theater.
(7) “Establishment” means a business that provides “entertainment.”
(8) “Liquor” shall have the same meaning as in RCW 66.04.010.
(9) “Musical entertainment,” as used in this chapter, shall not apply to phonographs, radios, or mechanical devices used for the reproduction of music for the listening enjoyment of the members or patrons only.
(10) “Security personnel” means a security guard, bouncer, door person, or any person performing similar duties who is present at an entertainment establishment to provide crowd control; protect persons or property from harm or unlawful activity; deter, observe, and detect unlawful or unauthorized activity; or supervise entry and exit at the establishment.
(11) “Written safety plan” means a written document submitted with an application for a Type 2 entertainment license. The plan must include:
(a) Procedures for checking identification and admitting patrons;
(b) Procedures for ensuring that only persons 21 years or older are served liquor or allowed in areas restricted to persons over 21 years;
(c) Provide procedures for handling violent incidents, other emergencies, and calling the Oak Harbor police department;
(d) The number of security personnel and where they will be/are located throughout the establishment;
(e) Description of the training provided or completed by the security and other personnel, including conflict deescalation training;
(f) Procedures for crowd control and preventing overcrowding;
(g) Procedures for preventing or managing disturbances outside the premises from patrons leaving the establishment, i.e., loitering, vandalism, crowd noise, vehicle noise, and crowd dispersal;
(h) Current hours of operation and anticipated hours of operation;
(i) Current contact information for the person or position responsible for addressing complaints related to safety, security, or non-compliance with the entertainment endorsement conditions of approval;
(j) A fire evacuation and fire safety plan for the building, as required in Section 404 of the International Fire Code; and
(k) A plan for quarterly fire drills by employees, as required in Section 405 of the International Fire Code. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.030 Business license and entertainment license required – Reference to Type 1 or 2.
(1) It is a violation of this chapter for any individual or entity to operate an entertainment establishment in the city of Oak Harbor without a current and valid city of Oak Harbor business license.
(2) It is unlawful for any person to operate or engage in the business of operating an establishment that provides entertainment in the city without first obtaining an entertainment license pursuant to the provisions of this chapter.
(3) This chapter governs requirements for Type 1 and 2 entertainment licenses. When only one type is specified in a section or heading, the terms are applicable to only that type. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.040 Application fee.
The applicant for either a Type 1 or Type 2 entertainment license must pay the nonrefundable license application fee per the master fee schedule adopted by resolution of the city council.
(1) If the application is approved, the application fee will serve as the first-year license fee.
(2) Type 2 entertainment establishment applicants must also pay the cost of WATCH and local criminal background checks in full per the master fee schedule adopted by resolution of the city council in addition to the license fee. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.050 Application for Type 1 entertainment license – Process – Conditions of approval.
(1) Application Contents. An application for a Type 1 entertainment license must include the following:
(a) Identification of the business, as for issuance of a business license under Chapter 5.01 OHMC;
(b) A description of the primary business purpose and/or activities of the business, zoning district and the business location upon which the entertainment activities will be conducted; and
(c) Hours of operation.
(2) Location Restrictions. Applications can be submitted for the following zoning districts:
(a) Central business district (CBD);
(b) Central business district 1 (CBD-1);
(c) Central business district 2 (CBD-2);
(d) Community commercial district (C-3) and highway corridor commercial district (C-5) only if the occupancy limit for said building or use is less than 400 as determined by the building official and the fire chief;
(e) Highway service commercial (C-4); or
(f) Any building and use in the planned business park (PBP), planned industrial park (PIP), industrial (I), or maritime zones.
(3) Application Process and Conditions of Approval. The applicant must file a complete application with the finance department and pay applicable fees. Incomplete applications will not be accepted. Application fees are nonrefundable. The director will transmit the application to the city administrator for further review.
(a) The city administrator or designee will review the application and may require investigation by the police chief, fire chief, or building official.
(b) After the application review has been finalized, the city administrator may impose conditions of approval to reduce noise, traffic or other similar public health and safety impacts.
(c) Allowable conditions may include, but are not limited to, restrictions upon the hours of operation, structural improvements to the premises to reduce noise impacts on neighboring uses, limitations on the numbers of patrons at any one time, requirements for sufficient lighting, landscaping or other screening, and requirements for traffic control. Periodic review of the efficacy of the imposed conditions may also be a condition of the entertainment license.
(d) The city administrator or designee shall approve, approve subject to conditions, or deny the Type 1 entertainment license application. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.060 Application for Type 2 entertainment license – Process – Conditions of approval.
(1) Application Contents. An application for a Type 2 entertainment license must include the following:
(a) Identification of the business, as for issuance of a business license under Chapter 5.01 OHMC;
(b) Approval letter/certificate from Washington State Liquor and Cannabis Board;
(c) A written safety plan;
(d) Building information regarding square feet and number of exits; and
(e) Operational plan and scope of event or business activities.
(2) Application Process and Conditions of Approval. The applicant must file the application with the finance department and pay applicable fees. Incomplete applications will not be accepted and application fees are nonrefundable.
(a) Upon receipt of the complete application, the director will transmit copies of the application to the director of development services, city administrator, fire chief, police chief and the building official for further review.
(b) The director of development services or designee will determine if the application meets the location requirements and will submit findings, including any recommended conditions of approval, in a written report to the city administrator.
(c) The fire chief and the building official will determine if the application meets the applicable fire and building code provisions of the OHMC. The fire chief and building official will submit their findings, including any recommended conditions of approval, in a written report to the city administrator.
(d) The police chief will conduct WATCH and local criminal background checks of the applicant. The police chief will also:
(i) Investigate the business location to determine whether there are any features of the establishment which pose noise, traffic or other similar public health or safety concerns for the operation of an entertainment. The police chief may request the assistance of other city departments, including the fire department and/or the building official, in assessing the impacts of the proposed business location.
(ii) Determine how many security personnel, if any, are required to provide adequate safety for the patrons and operation of the establishment.
(iii) Submit a written report to the city administrator that includes findings of the investigation and make recommendations concerning any conditions that should be placed upon the entertainment license to reduce noise, traffic or other similar public health and safety impacts.
(e) Allowable conditions may include, but are not limited to, security personnel, restrictions upon the hours of operation, structural improvements to the premises to reduce noise impacts on neighboring uses, limitations on the numbers of patrons at any one time, landscaping or other screening, and requirements for traffic control. Periodic review of the efficacy of the imposed conditions may also be a condition of the entertainment license.
(f) Final Decision. City administrator or designee will approve, approve subject to conditions, or deny the Type 2 entertainment license application. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.070 Annual renewals.
(1) Process. Entertainment license renewals will be processed directly through the city pursuant to OHMC 5.01.110(2).
(2) Fees. Entertainment license renewal fees per the master fee schedule adopted by resolution of the city council must be paid in full.
(3) Informational Changes. At the time of renewal, an entertainment license holder must submit informational changes, as required by the Type 1 or 2 entertainment establishment license application, to the director.
(4) Annual Reports for Type 2 Renewals. If conditions of approval for a Type 2 entertainment license require annual reports, the reports must be submitted to the city administrator along with the license renewal payment. The annual report must document the steps taken by the applicant to comply with the items listed in the written safety plan and with any conditions of approval of the entertainment license. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.080 Liquor and Cannabis Board compliance for Type 2.
In addition to the conditions imposed pursuant to OHMC 5.05.050(2), all entertainment license holders who serve liquor must comply with the rules or regulations of the Washington State Liquor and Cannabis Board relating to the sale of intoxicating liquor. A finding of violation by the Washington State Liquor and Cannabis Board constitutes a violation of license conditions pursuant to OHMC 5.05.050(2). (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.090 Revision of license conditions.
(1) The city reserves unto itself the power to revise the conditions of a Type 1 or 2 entertainment license upon written reports from the police chief, fire chief, building official or other city official indicating that the existing conditions are not sufficient to mitigate the noise, traffic and public health and safety impacts associated with the entertainment business location.
(2) The license holder will be sent a copy of the written reports and proposed conditions of approval. The revised conditions of approval will be effective 10 days after the date of issuance. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.100 Revocation.
Type 1 or 2 entertainment licenses may be revoked by the director, upon written recommendation from the police, fire, or development services department, subject to notice and hearing pursuant to OHMC 5.05.110. Licenses may only be revoked for good cause including, but not limited to:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Any felony, misdemeanor or traffic conviction directly related to fitness to operate an entertainment establishment;
(3) Any violations of the provisions of this chapter; or
(4) Convicted of a felony, gross misdemeanor, assault or sexual offense as defined under state law or an offense which is similar to those defined in Chapter 9A.44 RCW. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.110 Notice and hearing prior to revocation.
(1) Notice and Hearing. Before revoking a Type 1 or 2 entertainment license, the city will provide at least 10 days’ written notice to the license holder of its intent to seek revocation and the grounds for the same and schedule and hold a public hearing concerning such revocation before the city’s hearing examiner.
(2) Hearing Examiner. The jurisdiction of the office of land use hearing examiner under Chapter 18.40 OHMC is hereby expanded to include jurisdiction over any revocation hearing under this section. The decision of the examiner will be a Type I final decision, pursuant to OHMC 18.40.100(1).
(3) Hearing Process. The hearing process will be conducted pursuant to the procedures set forth in Chapter 18.40 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.120 Enforcement.
The director or designee has administrative authority to implement and enforce this chapter. The director may adopt rules and regulations for its administration, consistent with this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).
5.05.130 Violations.
Violations of this chapter constitute a civil offense and will be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1845 § 7, 2018).