Chapter 4.40
CABARETS
Sections:
4.40.030 Ineligible persons listed.
4.40.040 Application-Granting or denial.
4.40.050 Maintenance of order.
4.40.070 Revocation of license.
4.40.080 License subject to Liquor Control Board rules and regulations.
4.40.090 Indecent language-Dress of female employee.
4.40.100 Penalty for violations.
4.40.010 Definitions.
(a) “Cabaret dancing” means any room, place or space whatsoever in the town of Sumas in which any dancing is permitted in connection with any hotel, restaurant, cafe, club, tavern, eating place, directly or indirectly selling, serving or providing public with or without charge liquor.
(b) “Liquor” means all beverages defined by RCW 66.04.200.
(c) “Person” means one or more natural persons of either sex, firms, co-partnerships and corporations, whether acting by themselves or by servant, agent or employee. (Ord. 664 § 1, 1968)
4.40.020 License required.
It is hereby declared to be unlawful for any person to conduct, manage or operate cabaret dancing unless the person is the holder of a valid and subsisting license from the town of Sumas so to do, obtained in a manner hereinprovided. (Ord. 664 § 2, 1968)
4.40.030 Ineligible persons listed.
No license shall be issued to:
(a) A person who is not a citizen of the United States, except when in contravention of treaty;
(b) A person who has been convicted of a felony within five years prior to making application;
(c) A person who has not resided in Whatcom County for at least one month prior to making application;
(d) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required of the licensee;
(e) A co-partnership, unless all the members thereof shall be qualified to obtain a license as provided herein;
(f) A person who has been convicted of violating any federal or state law or city ordinance concerning the manufacture, possession or sale of liquor subsequent to the passage of the Washington State Liquor Act or shall have forfeited his bond to appear in court to answer charges of any such violation;
(g) A corporation, unless all of the officers and directors thereof shall be qualified to obtain a license as providedherein. The license shall be issued to the manager or other directing head thereof. (Ord. 664 § 3, 1968)
4.40.040 Application-granting or denial.
Application for such license shall be made to the city clerk-treasurer, together with a receipt from the clerk-treasurer for the amount of the license in full. Upon receipt of the application the facts relative thereto shall be transmitted to the chief of police, who shall immediately investigate such premises. The chief of police shall report to the city council the result of his investigation relative to the character of the proposed licensed premises and the conduct of patrons thereof. After due consideration of the information, if the city council deems that the issuance of license to such premises shall be for the best interest of the community, they shall so advise the city clerk-treasurer, who shall thereupon issue the license. If, however, it is determined by the city council from the investigation by the chief of police that the issue of such a license would be opposed to the best interest of the community, they shall so advise the city clerk-treasurer, who shall thereupon deny the license. The action of the city council shall be final. (Ord. 664 § 4, 1968)
4.40.050 Maintenance of order.
A male person capable of maintaining order shall be in attendance at all times on each premises for which a cabaret dance license is issued under this chapter. (Ord. 664 § 5, 1968)
4.40.060 License fee.
Any person desiring to have dancing in a cabaret shall first procure a cabaret dance license. The fee for the license shall be two hundred fifty dollars per year.
The license fee shall be for the calendar year and shall expire on December 31st, next following the date of issuance of the license. Any part thereof shall be prorated on a twelve-month basis. (Ord. 1174 § 1, 1996: Ord. 664 § 6, 1968)
4.40.070 Revocation of license.
The city council reserves unto itself the power to revoke any license issued under the provisions of this chapter at any time which at any time were procured by fraud or false representation of fact; or for the violation of any of, or failure to comply with, the provisions of this chapter by the person holding the license or any of his servants, agents or employees; or the conviction of such person or employees of any crime or offense involving moral turpitude committed on the premises in which the cabaret dancing is conducted; or in the event that it is determined that the further operation of the cabaret would be detrimental to the public peace, health or welfare of the city. Before revoking any license the city council shall, upon at least ten days notice to the licensee, hold a hearing concerning the revocation, at which time the licensee shall be entitled to be heard and introduce the testimony of witnesses. The action of the city council after the hearing, relative to the revocation, shall be final. (Ord. 664 § 7, 1968)
4.40.080 License subject to liquor control board rules and regulations.
Any license issued pursuant to this chapter shall be subject to any rules or regulations of the Washington State Liquor Control Board relating to the sale of intoxicatingliquors. This chapter shall not be construed, as imposing a license fee upon the sale or privilege of selling beer, wine or any intoxicating liquors, but rather as imposing a license fee solely upon the business for privilege of furnishing the opportunity to dance in connection therewith. (Ord. 664 § 8, 1968)
4.40.090 Indecent language-dress of female employee.
It is unlawful in any cabaret, to give or permit any entertainment or exhibition of a lewd, suggestive, vulgar or immoral type, or to use therein any indecent or obscene language. It is further unlawful for any cabaret owner, manager or operator to knowingly permit or cause any female entertainer, waitress or other female employee to appear in any cabaret with the breasts exposed to the publicview. (Ord. 664 § 9, 1968)
4.40.100 Penalty for violations.
Any person guilty of a violation of this chapter or any of the terms and provisions thereof, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not to exceed the sum of three hundred dollars or imprisonment in the town jail for a period not to exceed ninety days, or both such fine and imprisonment. (Ord. 664 § 10, 1968)