Chapter 5.52
ADULT ENTERTAINMENT BUSINESS LICENSING
Sections:
5.52.010 Exemptions to chapter applicability.
5.52.020 Exemption from provisions.
5.52.040 Licensing of adult entertainment business.
5.52.050 Licensing of managers, entertainers, and employees.
5.52.060 Revocation of licenses.
5.52.010 Exemptions to chapter applicability.
Exemptions to this chapter shall be as provided in Section 9.20.010. (Ord. 1037 § 1 (part), 2019)
5.52.020 Exemption from provisions.
Exemptions from provisions shall be as provided in Section 9.20.020. (Ord. 1037 § 1 (part), 2019)
5.52.030 Definitions.
Definitions shall be as provided in Section 9.20.030. (Ord. 1037 § 1 (part), 2019)
5.52.040 Licensing of adult entertainment business.
A. No person, firm, partnership, corporation, or other entity shall operate an adult entertainment business without first obtaining a license issued pursuant to this chapter.
B. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable city ordinances, the laws of the United States and of the state of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the International Building Code, and the Ocean Shores zoning code. All premises and devices must be inspected prior to issuance of a license.
C. An application for an adult entertainment business license must be submitted to the city clerk/treasurer in the name of the person or entity proposing to conduct the adult entertainment business on the premises and must be signed by the person and certified as true under penalty of perjury. An application must be submitted on a form supplied by the city clerk/treasurer, which must require the following information:
1. For the applicant and for each applicant control person, provide: name(s), date(s) of birth, any alias(es) or previous name(s), driver’s license number(s), social security number(s), and mailing and residential address(es);
2. The business name, business address, federal tax identification number, state of Washington master business license number and business telephone number of the business or proposed business, together with a description of the nature of the business;
3. Whether the business or proposed business is the undertaking of a sole proprietorship, partnership or corporation. If a sole proprietorship, the application shall set forth the name, address, telephone number and principal occupation of the sole proprietor. If a partnership, the application shall set forth the names, addresses, telephone numbers, principal occupations and respective ownership shares of each partner, whether general, limited or silent. If a corporation, the application shall set forth the corporate name; a copy of the articles of incorporation, including date and place of incorporation; the names, addresses, telephone numbers and principal occupations of every officer and director of the corporation, and every shareholder having more than five percent of the outstanding shares of the corporation; evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the registered agent for service of process;
4. 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;
5. For the applicant and all applicant control persons, 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 date of conviction, nature of the crime, name and location of court and disposition;
6. Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter or a license for similar adult entertainment or sexually oriented business, including a motion picture theater, or a panorama, from another city, county or state, and, if so, the name and address of each other licensed business;
7. A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented business 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 for the revocation or suspension;
8. Authorization for the city of Ocean Shores, and its agents and employees, to seek information to confirm any statements set forth in the application;
9. The location and doing-business-as name of the proposed adult entertainment business, 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;
10. 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;
11. A complete set of fingerprints for the applicant or each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency;
12. Each applicant shall verify, under penalty of perjury, that the information contained in the application is true;
13. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment business, 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, arcade booths or devices, overhead lighting fixtures, and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment business must include building plans which demonstrate conformance with city-adopted building code requirements.
D. Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council; however, until such fee is set by such a resolution, the fee shall be five hundred dollars.
E. Within five days of receipt of a properly completed application for an adult entertainment business license, the city clerk/treasurer shall transmit copies of such application to the police department and building permit department.
F. Within thirty days of receipt of a properly completed application for an adult entertainment business license, the city clerk/treasurer shall issue the license unless advised by the community development department that the use or proposed use of the premises does not have the applicable land use approval as per the city’s zoning code or other applicable land use laws and regulations; or the city clerk/treasurer is advised by the building department that the buildings upon the subject premises fail to meet the requirements of the building, fire, mechanical or plumbing codes applicable to the proposed use; or the city clerk/treasurer is informed by the police department that the owner, partner, or stockholder holding more than five percent of the outstanding shares of the owning corporation has been convicted of or forfeited bail for any crime which may reasonably indicate a likelihood of future violation of the terms of this chapter by such owner, partner, or stockholder. Issuance of the license required in this chapter shall not constitute a waiver of or exemption from the application of any land use, building, health or safety laws pertinent to the proposed use.
G. An adult entertainment business license shall expire on December 31st of the year for which it is issued or renewed.
H. An adult entertainment business license may be renewed by submitting a new application and following the application procedure set forth hereinabove; provided, that a renewal application shall not be submitted prior to September for the following calendar year.
I. If, subsequent to the issuance of an adult entertainment business license, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of such acquisition shall be provided in writing to the licensing administrator no later than twenty-one calendar days following the acquisition. The notice required must include the information required for the original adult entertainment business license application.
J. The adult entertainment business license, if granted, must 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 adult entertainment business. The license must be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it can be easily read when the business is open.
K. A person granted an adult entertainment business license under this chapter may not operate the adult entertainment business under a name not specified on the license, nor may a person operate an adult entertainment business or an adult entertainment device under a designation or at a location not specified on the license.
L. The license(s) required under this chapter are separate from and in addition to the business license issued under Chapter 5.02, which may also be required when applicable.
(Ord. 1065 § 1, 2020; Ord. 1037 § 1 (part), 2019)
5.52.050 Licensing of managers, entertainers, and employees.
A. A person may not work as a manager, assistant manager, or entertainer at an adult entertainment business without a manager’s or entertainer’s license from the city clerk/treasurer. An applicant for a manager’s or entertainer’s license must complete an application on forms provided by the city clerk/treasurer containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The city clerk/treasurer shall provide a copy of the application to the police department for its review, investigation and recommendation. An application for a manager’s or entertainer’s license must be signed by the applicant and certified to be true under penalty of perjury. The manager’s or entertainer’s license application must require the following information:
1. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by the police department (or such other entity as authorized by the police department or licensing administrator), social security number, and any stage names or nicknames used in entertaining;
2. The name and address of each business at which the applicant intends to work;
3. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the jurisdiction or any other city, county, or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions;
4. Documentation that the applicant has attained the age of eighteen years. Any two of the following are acceptable as documentation of age:
a. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;
b. A state-issued identification card bearing the applicant’s photograph and date of birth;
c. An official passport issued by the United States of America;
d. An immigration card issued by the United States of America; or
e. Any other identification that the licensing administrator determines to be acceptable and reliable;
5. A description of the applicant’s principal activities or services to be rendered;
6. Two two-inch by two-inch color photographs of applicant, taken within six months of the date of application, showing only the full face;
7. Authorization for the city, its agents and employees to investigate and confirm any statements in the application.
B. Applications shall be accompanied by a nonrefundable fee as set by resolution of the city council; however, until such fee is set by resolution, the fee shall be one hundred dollars.
C. The city clerk/treasurer shall transmit the application for an entertainer’s license to the police department within five days after its receipt.
D. The city clerk/treasurer shall issue an adult entertainment business manager’s or entertainer’s license within twenty calendar days from the date the complete application and fee are received, unless the city clerk/treasurer is informed by the police department that the applicant has been convicted or forfeited bail to a crime or crimes which would indicate a reasonable likelihood that the applicant would violate the terms of this chapter if so licensed; or the city clerk/treasurer determines that the applicant has failed to provide any information required to be supplied according to this chapter, had made any false, misleading or fraudulent statement of material fact in the application, or had failed to meet any of the requirements for issuance of a license under this chapter. If the city clerk/treasurer determines that the applicant does not qualify for the license applied for, the city clerk/treasurer shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws.
E. The manager, entertainer and employee license shall expire on December 31st of each year in which it is issued or renewed.
F. The manager, entertainer and employee license may be renewed by submitting a new application and following the application procedure set forth hereinabove; provided, that a renewal application shall not be submitted prior to September for the following calendar year.
G. Every entertainer and employee shall provide his or her license to the adult entertainment business manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by the city, its agents, and employees, at any time during business hours of the adult entertainment business.
H. The city clerk/treasurer may request additional information or clarification when necessary to determine compliance with this chapter.
I. The contents of an application for an entertainer’s license and any additional information submitted by an applicant for an entertainer’s license are confidential and will remain confidential to the extent authorized by Chapter 42.17 RCW. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes.
(Ord. 1037 § 1 (part), 2019)
5.52.060 Revocation of licenses.
A. The city clerk/treasurer shall revoke an adult entertainment license or an entertainer’s license issued pursuant to this chapter if the city clerk/treasurer finds any of the following conditions to exist:
1. The licensee has made a false statement or given false information in connection with the application for the applicable license.
2. The licensee has violated or permitted violation of any provisions of this chapter or Title 9 or 17.
3. The licensee has been convicted or forfeited bail to any of the crimes which would have caused the director to refuse to issue the license upon the initial or renewal application.
B. Appeal from either the denial of a license or the revocation of a license shall be made to the city council as provided for in Chapter 17.58, Appeals.
(Ord. 1037 § 1 (part), 2019)
5.52.070 Violation—Nuisance.
Any activity, act or conduct contrary to the provisions of this chapter is declared to be unlawful and a public nuisance and such activity, act or conduct may be enjoined by an action brought by the city attorney or other interested person. (Ord. 1037 § 1 (part), 2019)
5.52.080 Violation—Penalty.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a misdemeanor and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any violation is committed, continued or permitted. No person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the police chief, city attorney or duly appointed agent of either. (Ord. 1037 § 1 (part), 2019)