Chapter 5.23
ADULT USE ENTERTAINMENT
Sections:
5.23.030 Application for license.
5.23.060 Expiration of the adult use license.
5.23.090 General requirements.
5.23.110 Live adult entertainment establishments.
5.23.120 Application for license.
5.23.130 Mini-theaters and motion picture theaters.
5.23.140 Adult panoram theater.
5.23.150 Standards of operation and conduct.
5.23.010 License required.
A Soap Lake person may not operate an adult use business in the city of Soap Lake without a valid license to do so, issued by the city business licensing department. (Ord. 896 § A, 1999).
5.23.020 Definitions.
For the purpose of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
A. “Adult use business” means any adult bookstore, adult mini-theater, adult motion picture theater, adult panoram establishment, adult retail store or live adult entertainment establishment, as defined in Chapter 17.17 SLMC and this chapter.
B. “Live adult entertainment establishment” means any building or portion of a building which contains any exhibition or dance wherein any employee or entertainer is unclothed or in such attire, clothing or costume as to expose to view any portion of the male genitals or the female genitals, vulva, anus and/or buttocks, or any portion of the pubic hair and which exhibition or dance is for the benefit of a member or members of the adult public, or advertised for the use or benefit of a member of the adult public, held, conducted, operated or maintained for profit, direct or indirect.
C. “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 an adult use business.
D. “Entertainer” means any person who provides live adult entertainment within an adult use business as defined in this section whether or not a fee is charged or accepted for entertainment.
E. “Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.
F. “Manager” means any person who manages, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
G. “Operator” means any person operating, conducting or maintaining any adult use business.
H. “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.
I. “Public place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles, whether moving or not.
J. “Sexual conduct” means any act of sexual intercourse as defined in RCW 9A.44.010(1); any act of sexual contact as defined in RCW 9A.44.010(2); or any act of masturbation. (Ord. 896 § B, 1999).
5.23.030 Application for license.
A. An application for a license must be made on the form provided by the city licensing department. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
B. The applicant must be qualified according to the provisions of this chapter and not have had an adult business license revoked in the previous 12 months and the premises must be inspected and found to be in compliance with the law by the health department, fire department and building inspector.
C. 1. If a person who wishes to operate an adult use business is an individual, he or she must sign the application for a license as applicant.
2. If a person who wishes to operate an adult use business is other than an individual, each individual who has a 10 percent or greater interest in the business must sign the application for a license as applicant.
3. If a corporation is listed as owner of an adult use business or as the entity which wishes to operate such business, each individual having a 10 percent or greater interest in the corporation must sign the application of a license as applicant.
D. The fact that a person possesses other types of state or city permits or licenses does not exempt him or her from the requirement of obtaining an adult use business license. (Ord. 896 § C, 1999).
5.23.040 Issuance of license.
A. The licensing department shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless he or she finds one or more of the following to be true:
1. An applicant is under 18 years of age;
2. An applicant or an applicant’s spouse is overdue in his or her payment of taxes, fees, fines, or penalties assessed against him or her or imposed upon him in relation to the operation of an adult use business;
3. An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
4. An applicant has been denied a license to operate an adult use business within the preceding 12 months, or residing with a person whose license to operate an adult use business had been revoked within the preceding 12 months;
5. The premises to be used for the adult use business have been inspected and have not been approved by the health department, fire department, and the building inspector as being in compliance with applicable laws and ordinances;
6. The license fee required by this chapter has not been paid;
7. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
B. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult use business. The license shall be posted in a conspicuous place at or near the entrance to the adult use business so that it may be easily read at any time.
C. Inspection officials shall complete their certification that the premises is in compliance, or not in compliance, within 20 days of receipt of the application by the licensing department. The certification shall be promptly presented to the licensing department. (Ord. 896 § D, 1999).
5.23.050 Licensing fee.
The annual fee for a license to operate an adult use business is $250.00. (Ord. 896 § E, 1999).
5.23.060 Expiration of the adult use license.
A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B. When the licensing department denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the licensing department finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final. (Ord. 896 § F, 1999).
5.23.070 Suspension.
The city attorney shall suspend a license for a period not to exceed 30 days if he or she determines that a licensee has:
A. Violated or is not in compliance with any section of this chapter;
B. Engaged in use of alcoholic beverages while on the adult use business premises;
C. Refused to allow an inspection of the adult use business premises as authorized by this chapter;
D. Knowingly permitted gambling or the consumption of alcoholic beverages by any persons on the premises of the adult use business. (Ord. 896 § G, 1999).
5.23.080 Revocation.
A. The city attorney shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months.
B. The city attorney shall also revoke a license if he or she determines that:
1. A licensee gave material false or misleading information in the material submitted to the licensing department during the application process;
2. A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances as defined in RCW Title 69 on the premises;
3. A licensee or an employee has knowingly allowed prostitution on the premises;
4. A licensee or an employee knowingly operated the adult use business during a period of time when the licensee’s license was suspended;
5. A licensee or an employee has knowingly allowed any sexual conduct to occur in or on the licensed premises;
6. A licensee is delinquent in payment to the city or state for any taxes or fees past due; and
7. A licensee or an employee knowingly allowed a person under the age of 18 on the premises. Proof of age shall be demonstrated in the form of a state-issued driver’s license or photo identification card or other official proof of birth date.
C. When the city attorney revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult use license for one year from the date revocation became effective. If, subsequent to the revocation, the city attorney finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. (Ord. 896 § H, 1999).
5.23.090 General requirements.
All adult use businesses located within the city of Soap Lake shall comply with the following general requirements:
A. The premises of an adult use business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level.
B. It shall be the duty of the owners and manager, and it shall also be the duty of any employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in or on the premises, with the exceptions of an adult mini-theater and adult motion picture theater as defined in SLMC 17.17.022 and 17.17.023, which shall be subject to the provisions of SLMC 5.23.130.
C. At no time shall any live entertainment, merchandise or any film or movie being shown be visible from outside the establishment.
D. All state and local licenses required by law shall be posted and maintained in a conspicuous location. (Ord. 896 § I, 1999).
5.23.100 Manager.
A manager shall be on the premises of any adult use business at all times that such entertainment or business is being offered or provided, and shall comply with the following standards:
A. It shall be the responsibility of the manager, as well as of the owner or operator, to ensure that all entertainers, employees and patrons abide by and comply with the standards of conduct set forth in this chapter.
B. It shall be the responsibility of the manager to verify that all persons who offer or provide live adult entertainment within the premises possess a current and valid entertainer’s license issued by the city for that specific premises.
C. It shall be the responsibility of the manager as well as the owner or operator, to ensure that no patron is admitted onto the premises or is served or entertained therein if such patron is obviously under the influence of alcohol or drugs.
D. The manager shall, upon request of any law enforcement officers or business license inspector pursuant to SLMC 5.23.180, make available for inspection the premises, all materials offered for display, exhibit, rent or sale and all licenses required to be on the premises, pursuant to this chapter, for the purposes of ensuring compliance with the law.
E. It shall be the responsibility of the manager, as well as the owner or operator, to ensure that no sexual activity as defined in SLMC 5.23.020(J) be allowed on the premises of an adult use business at any time. (Ord. 896 § J, 1999).
5.23.110 Live adult entertainment establishments.
In addition to the general requirements of SLMC 5.23.100 and 5.23.150, every place offering live adult entertainment shall be physically arranged in such a manner that:
A. The stage on which live adult entertainment is provided shall be visible from the common areas of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
B. No live adult entertainment occurring on the premises shall be visible at any time from any public place.
C. All live adult entertainment must be performed on a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. (Ord. 896 § K, 1999).
5.23.120 Application for license.
No person shall work as an entertainer providing live adult entertainment as defined in SLMC 5.23.020(E) at any adult business without having first obtained an entertainer’s license from the city of Soap Lake. All applications for an adult business entertainer’s license shall be signed by the applicant and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city business licensing clerk, and shall require the following information:
A. The applicant’s name, home address, home telephone number, date and place of birth, 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 as an entertainer.
C. 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:
1. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;
2. A state-issued identification card bearing the applicant’s photograph and date of birth;
3. An official passport issued by the United State of America;
4. An immigration card issued by the United States of America; and
5. Any other picture identification issued by a governmental entity.
D. The applicant shall provide two two-inch by two-inch black and white photographs of the applicant, taken within six months of the date of the application, showing only the full face of such applicant. The two-inch by two-inch black and white photographs shall be provided at the applicant’s expense. The license, when issued, shall have affixed to it such photograph of the applicant.
E. Failure to provide any information required by this subsection will constitute an incomplete application and will not be processed.
F. The annual fee for the entertainer’s license is $60.00, and said license will expire annually on December 31st and must be renewed by January 1st.
G. If the identity of the entertainer licensed in this section changes, notice shall be provided in writing to the city licensing department within 14 days of said change of identity.
H. The licensing department, upon presentation of such applications and before acting upon the same, shall refer such application to the police department, which shall make a full investigation as to the truth of the statements contained therein.
I. An entertainer licensed under this section shall not transfer his or her license to another, nor shall a license holder alter his or her license in any way.
J. An entertainer licensed under this section shall, upon the request of any law enforcement officers or business license inspector, make available for inspection the license issued under the provisions of this section, for the purposes of ensuring compliance with the law. (Ord. 896 § L, 1999).
5.23.130 Mini-theaters and motion picture theaters.
Every mini-theater and motion picture theater offering adult entertainment shall meet the following standards:
A. All adult mini-theaters and motion picture theaters shall utilize seating arrangements equipped with immovable armrests between the seats. No bench-type seating allowing for more than one person in a seat will be permitted.
B. A manager or other employee must walk through the theater portion of the building at 10-minute intervals during the time period in which the film is showing and the lighting is down. It shall be the duty of this employee, as well as the manager or owner, to ensure that no sexual activity be allowed in the theater, either by patrons or employees or both.
C. Full house lights must meet the requirements of SLMC 5.23.090(A), and must come on for at least 10 minutes at the end of each feature. (Ord. 896 § M, 1999).
5.23.140 Adult panoram theater.
Every adult panoram theater shall meet the following requirements:
A. Every adult panoram theater shall have a designated manager’s station located in the common areas of the premises.
B. The interior of the premises of an adult panoram theater shall be configured in such a manner that there is an unobstructed view from the manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment.
C. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line-of-sight from the manager’s station.
D. It shall be the duty of the owners and manager, and it shall also be the duty of any employees present in the premises, to ensure that the view area specified in subsection B of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
E. No viewing room may be occupied by more than one person at any time. (Ord. 896 § N, 1999).
5.23.150 Standards of operation and conduct.
Every adult use business shall comply with the following standards of operation and the following standards of conduct must be adhered to by employees and entertainers of any adult use business:
A. No employee or entertainer shall be unclothed or in such 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 hair, anus, buttocks, vulva and/or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.
B. No employee or entertainer shall wear or use any device or covering exposed to view which simulates the breast of a female below the top of the areola, vulva, or genitals, anus and/or buttocks, or any portion of the pubic hair except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.
C. No employee or entertainer shall touch, fondle or caress any patron for the purpose of arousing or exciting the patron’s sexual desires, sit on a patron’s lap or separate a patron’s legs.
D. No employee or entertainer shall allow a patron to touch an employee or entertainer on the breast, in the pubic area, buttocks or anal area. No patron shall touch, fondle or caress an employee or entertainer for the purpose of arousing or exciting the sexual desires of either party.
E. No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.
F. There shall be posted and conspicuously displayed in the common areas of each place offering live 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 amount for each entertainment listed.
G. No employee or entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter.
H. No employee or entertainer shall demand or collect any payment or gratuity from any patron for entertainment before its completion.
I. No entertainer of any adult use business premises shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while on the premises, and engaged in live adult entertainment.
J. No merchandise, films, videos, posters, books or other material that relates to specified sexual activities defined in SLMC 5.23.020(J) or displays the female breast below the top of the areola, or any portion of the pubic hair, anus, buttocks, vulva and/or genitals, shall be visible from any public place at any time.
K. A sign, no less than 12 inches by 12 inches, with lettering no smaller than one-half inch by one-half inch, shall be conspicuously displayed in the common areas of the premises, and shall read as follows:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF SOAP LAKE – SOAP LAKE MUNICIPAL CODE 5.23.
ENTERTAINERS ARE:
1. Not permitted to engage in any type of sexual conduct;
2. Not permitted to be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, any portion of the pubic region, buttocks, genitals or vulva and/or anus except upon a stage at least eighteen (18) inches from the immediate floor level and removed at least six (6) feet from the nearest patron; and
3. Not permitted to demand or collect any payment or gratuity from any patron for entertainment before its completion.
L. No adult use business shall employ any person under the age of 18 years as an entertainer or employee or allow an entertainer on its premises for the purpose of providing live adult entertainment if that person is under 18.
M. No person under the age of 18 years shall be admitted onto the premises of an adult use business for any purpose.
N. No person under the age of 18 years shall be employed as a manager or entertainer for an adult use business.
O. No alcohol or drugs shall be sold, served, allowed or consumed by employees, entertainers, managers or patrons on the premises of any adult use business.
P. No patron who is obviously intoxicated by alcohol or drugs shall be allowed entry onto the premises of an adult use business.
Q. No sexual activity as defined in SLMC 5.23.020(J) shall be allowed on the premises of an adult use business during business hours or after hours, either by employees, entertainers or patrons. (Ord. 896 § O, 1999).
5.23.160 Penalties.
A. Any person committing a violation of any provision of this title shall be subject to a civil penalty of not more than $5,000 and not less than $250.00 for each violation. For any violation of a continuing nature, each day’s violation shall be considered a separate offense and shall subject the offender to the civil penalty. No part of the minimum penalty maybe suspended, deferred, mitigated, or reduced for any reason.
B. In addition to the enforcement provisions of the above section, any violation of any of the provisions of this chapter is declared to be a public nuisance, per se, which shall be abated by the city attorney by way of civil abatement procedures. (Ord. 896 § P, 1999).
5.23.180 Inspection.
A. An applicant or licensee shall permit representatives of the police department, health department, fire department, planning department, or other city departments or agencies to inspect the premises of an adult use business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
B. A person who operates an adult use business or his agent or employee commits a misdemeanor if he or she operates without a license as provided in this chapter. (Ord. 896 § Q, 1999).
5.23.190 Hearing procedure.
A. Prior to any nonrenewal, suspension or revocation of the license the city attorney shall provide the licensee a notice with the grounds for the nonrenewal, suspension or revocation. The notice stating the grounds shall be provided to the licensee in writing. Licensee has the right to present its response to this notice to the city attorney within 10 days of receipt of said notice. The response must be made in writing, and licensee may request a hearing to address the validity of the nonrenewal, suspension, or revocation. A request for a hearing must be made in writing within 10 days of receipt of the notice of nonrenewal, suspension, or revocation.
B. Upon receipt of a request for a hearing, the city attorney shall appoint a hearings examiner and schedule an evidentiary hearing. The hearing procedure shall be governed by the Washington Administrative Procedure Act, Chapter 34.05 RCW.
C. The city attorney may not suspend and/or revoke a license until 15 days after the notice is given to licensee or until after the nonrenewal, suspension, or revocation has been ruled valid by the hearings examiner, if a hearing has been requested. (Ord. 896 § R, 1999).
5.23.200 Transfer of license.
A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult use business under the authority of a license at any place other than the address designated in the application. (Ord. 896 § S, 1999).
5.23.210 Judicial review.
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a license, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court. (Ord. 896 § T, 1999).
5.23.220 Severability.
If any section, subsection, sentence, clause, phrase or any portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council of the city of Soap Lake hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phases or portions be declared invalid or unconstitutional. (Ord. 896 § U, 1999).