Chapter 5.30
LIVE ADULT ENTERTAINMENT BUSINESS

Sections:

5.30.010    Purpose.

5.30.015    Findings of fact.

5.30.020    Definitions.

5.30.030    License required.

5.30.040    License prohibited to certain classes.

5.30.050    Application.

5.30.060    Live adult entertainment business license fees.

5.30.070    Appeals.

5.30.080    Standards of conduct and operation--Live adult entertainment businesses.

5.30.090    License term--Assignment--Renewals.

5.30.100    License suspension and revocation--Hearing.

5.30.110    Liquor regulations.

5.30.120    Violation a misdemeanor.

5.30.130    Nuisance declared.

5.30.140    Additional enforcement.

5.30.150    Security.

5.30.160    Severability.

5.30.010 Purpose.

It is the purpose of this chapter to regulate live adult entertainment businesses and related activities to promote health, safety, morals, and general welfare of the residents and citizens of the city of Wapato, and to establish reasonable and uniform regulations to prevent the establishment of live adult entertainment businesses in the city.  The purpose of this chapter is to alleviate undesirable social problems that accompany adult entertainment businesses, and to enact content neutral regulations which address the secondary effects of adult entertainment businesses as well as health problems associated with such business, not to curtail the First Amendment expression, namely dancing or entertainment.  The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.  Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the state or federal Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.  Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene materials.  (Ord. 1270 §1(part), 2012)

5.30.015 Findings of fact.

Based on evidence concerning the adverse secondary effects of adult uses on the community presented in reports made available to the council and on findings incorporated in court cases, including but not limited to Ino Ino, Inc. v. Bellevue, 132 Wn.2d 103 (1997), and on studies in other communities, the council hereby adopts the following findings of fact:

A.  The secondary effects of the activities defined and regulated in this chapter are detrimental to the public health, safety and general welfare of the residents and citizens of the city and, therefore, such activities must be regulated as provided in this chapter.

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, narcotics and liquor law violations, breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants.

C.  Contact between entertainers and patrons of adult entertainment businesses facilitates prostitution and other related crimes and the concern over unlawful sexual activities and related crimes is a legitimate health concern of the city which demands reasonable regulation of adult entertainment businesses in order to protect the health and well-being of the citizens.

D.  Licensing is a legitimate and reasonable means of accountability to ensure that operators of adult entertainment businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.

E.  In the absence of regulation, the activities described in this section occur regardless of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages.

F.  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, to ensure that such entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible and to ensure that such entertainers are not involved in criminal activity.

G.  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 establishment, including the actions of patrons, entertainers and other employees.

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

I.  The city council desires to prevent these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the residents from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.

J.  It is not the intent of this chapter to suppress any speech activities protected by the First Amendment or Article I, Section 5 of the Washington State Constitution, but to enact content neutral regulations which address the secondary effects of adult entertainment businesses, as well as the health problems associated with such businesses.  (Ord. 1270 §1(part), 2012)

5.30.020 Definitions.

The following words and phrases shall have the definitions as stated herein for purposes of this chapter:

A.  “Live 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 female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, 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;

c.  Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or

3.  Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity.  This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, lap dancing, or private dancing.

B.  “Applicant” means the individual or entity seeking a live adult entertainment license in the city of Wapato.

C.  “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 live adult entertainment business, based on responsibility for management of the live adult entertainment business.

D.  “Clerk” means the city of Wapato city clerk/treasurer and any such city employees, designees or agents as the mayor may designate to administer this chapter.

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 live adult entertainment business.

F.  “Entertainer” means any person who provides adult entertainment within a live adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment.

G.  “Liquor” means all beverages defined in RCW 66.04.200.

H.  “Live adult entertainment business” means any commercial premises to which any member of the public is invited or admitted and where an entertainer provides adult entertainment to any member of the public, regardless of the number of times per year the premises is used for live adult entertainment.

I.  “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 a live adult entertainment business, and includes assistant managers working with or under the direction of a manager to carry out such purposes.

J.  “Member of the public” means a customer, patron, club member, or person, other than an employee, who is invited or admitted to a live adult entertainment business.

K.  “Nude or seminude” means a state of complete or partial undress in such costume, attire, or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

L.  “Operator” means any person operating, conducting or maintaining a live adult entertainment business.

M.  “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.

N.  “Sexual conduct” means acts of:

1.  Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or

2.  Any penetration of the vagina or anus, however slight, by an object; or

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

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

5.  Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another.  (Ord. 1270 §1(part), 2012)

5.30.030 License required.

A.  It is unlawful for any person to conduct, manage or operate a live adult entertainment establishment unless such person is the holder of a valid and subsisting license from the city to do so, obtained in the manner provided in this chapter.

B.  It is unlawful for any entertainer, employee or manager to knowingly work in or about, or knowingly perform any service or entertainment directly related to, the operation of an unlicensed live adult entertainment business.

C.  It is unlawful for any entertainer to perform in a live adult entertainment business unless such person is the holder of a valid and subsisting license from the city to do so.

D.  It is unlawful for any manager to work in a live adult entertainment business unless such person is the holder of a valid and subsisting license from the city to do so.  (Ord. 1270 §1(part), 2012)

5.30.040 License prohibited to certain classes.

No license shall be issued to:

A.  A natural person who has not attained the age of twenty-one years, except that licenses may be issued to persons who have attained the age of eighteen years with respect to live adult entertainment businesses where no intoxicating liquors are served or provided.

B.  A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee, or in the case of a manager or a live adult entertainment business, the manager has obtained a manager’s license.

C.  A co-partnership, unless all the members thereof are qualified to obtain a license as provided in this chapter.  Such license shall be issued to the manager or agent thereof.

D.  A corporation, unless all of the officers and directors thereof are qualified to obtain a license as provided herein.  Such license shall be issued to the manager or agent thereof.  (Ord. 1270 §1(part), 2012)

5.30.050 Application.

A.  Live Adult Entertainment Business License.

1.  All applications for a live adult entertainment business license shall be submitted to the clerk in the name of the person or entity proposing to conduct a live adult entertainment business on the business premises and shall be signed by such person and 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.  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 addresses and business telephone number.

b.  If a partnership, whether general or limited, the 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 for the partnership; and if a corporation, also the 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.

c.  Whether the applicant or any partner, corporate officer, or director of the applicant holds any other licenses under this chapter or any license for similar adult entertainment or sexually oriented business, including motion picture theaters and panoramas, from the city or another city, county or state, and if so, the names and addresses of each other licensed business.

d.  A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented businesses, 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.

e.  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.  Convictions include bail forfeitures.

f.  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.

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

h.  The location and doing-business-as name of the proposed live 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.

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

j.  A complete set of fingerprints for the applicant or each applicant control person, taken by the Wapato police department employees.

k.  A scale drawing or diagram showing the configuration of the premises for the proposed live 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 and service areas shall be clearly marked on the drawing.  An application for a license for a live adult entertainment establishment shall include building plans which demonstrate conformance with all Wapato Municipal Code sections.

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 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.  A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the 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 a live adult entertainment business 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 city clerk/treasurer, no later than twenty-one days following such acquisition.  The notice required shall include the information required for the original live adult entertainment business license application.

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

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

8.  Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and building code official for their investigation and review to determine compliance of the proposed live adult entertainment business with the laws and regulations which each department administers.  Each department shall, within fourteen days of the date of such application, inspect the application and premises and shall make a written report to the clerk 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 live adult entertainment business license approved prior to premises construction 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 live adult entertainment business 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.  A live adult entertainment business license shall be issued by the clerk within thirty days of the date of filing a complete license application and fee, unless the clerk 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 clerk shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant.  If the clerk finds that the applicant has failed to meet any of the requirements for issuance of a live adult entertainment business license, the clerk shall deny the application in writing and shall cite the specific reasons therefor, including applicable law.  If the clerk fails to issue or deny the license within thirty 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 clerk that the license has been denied, but in no event may the clerk extend the application review time for more than an additional twenty days.

10.  Any business obtaining a license under this subsection shall have a continuing duty to supplement application information in the event that said information changes in any way from what is stated in the application.

B.  Live Adult Entertainment Business Manager and Entertainer Licenses.

1.  No person shall work as a manager, assistant manager or entertainer at a live adult entertainment business without an entertainer’s or manager’s license from the city.  Each applicant for a manager’s or entertainer’s license shall complete an application on forms provided by the city containing the information identified below.  A nonrefundable application fee of one hundred dollars shall accompany the application.  A copy of the application shall be provided to the police department for its review, investigation and recommendation.  All applications for a manager’s or entertainer’s license shall be signed by the applicant and certified to be true under penalty of perjury.  The manager’s or entertainer’s license application shall require the following information:

a.  The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by Wapato police department employees, 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 eighteen years, or twenty-one years in the event the business intends to serve liquor.  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.  Convictions include bail forfeitures.

e.  A description of the applicant’s principal activities or services to be rendered.

f.  Two two-inch by two-inch color 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.

h.  Every adult entertainer shall provide his or her license to the live adult entertainment business 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 live adult entertainment business.

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

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

4.  An applicant for a live adult entertainment business manager’s or entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee.  Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the clerk has failed to approve or deny the license application in which case the temporary license shall be valid until the clerk approves or denies the application, or until the final determination of any appeal from a denial of the application.  In no event may the clerk extend the application review time for more than an additional twenty days.

5.  Any person obtaining a license under this subsection shall have a continuing duty to supplement application information in the event that said information changes in any way from what is stated in the application.  (Ord. 1270 §1(part), 2012)

5.30.060 Live adult entertainment business license fees.

A.  Any person desiring to obtain a live adult entertainment business license shall first pay a license fee of seven hundred dollars per year.

B.  Any person desiring to obtain a live adult entertainment business manager’s license shall first pay a license fee of one hundred dollars per year.

C.  Any person desiring to obtain a live adult entertainer’s license shall first pay a license fee of one hundred dollars per year.  (Ord. 1270 §1(part), 2012)

5.30.070 Appeals.

A.  Denial of License.  Any person aggrieved by the action of the clerk in refusing to issue or renew any license issued under this chapter shall have the right to appeal such action to the mayor, or to such other hearing body as may hereafter be established by the city council for the hearing of license appeals, by filing a notice of appeal with the clerk within ten days of notice of the refusal to issue or renew.  The mayor or other hearing body shall set a date for hearing such appeal, to take place within thirty days of the date of receipt of the notice of appeal.  At such hearing the appellant and other interested persons may appear and be heard, subject to rules and regulations of the hearing examiner or other hearing body.  The mayor or other hearing body shall render its decision on the appeal within ten working days following the close of the appeal hearing.

B.  Appeal to Superior Court.  Any person aggrieved by the decision of the mayor or hearing body may appeal to the superior court for a writ of certiorari, prohibition or mandamus within ten days of the date the decision of the hearing body is mailed to the applicant.  (Ord. 1270 §1(part), 2012)

5.30.080 Standards of conduct and operation--Live adult entertainment businesses.

A.  The following standards of conduct must be adhered to by employees of any live adult entertainment business while in any area in which members of the public are allowed to be present:

1.  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 eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public.

2.  No employee or entertainer mingling with members of the public shall be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (A)(1) 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.

3.  No employee or entertainer mingling with members of the public shall wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, any portion of the pubic region, or buttocks.

4.  No employee or entertainer shall caress, fondle or erotically touch any member of the public.  No employee or entertainer shall encourage or permit any member of the public to caress, fondle or erotically touch any employee or entertainer.

5.  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, or Wapato Municipal Code.

6.  No employee or entertainer mingling with members of the public shall conduct any dance, performance or exhibition in or about the nonstage area of the live adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of no less than four feet from any member of the public.

7.  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 member of the public.  Any gratuity offered to any entertainer performing upon any stage area must be placed into a receptacle provided for receipt of gratuities by the live 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 live adult entertainment business 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.

B.  At any live adult entertainment business, the following are required:

1.  Admission must be restricted to persons of the age of eighteen years or more.  It is unlawful for any owner, operator, manager or other person in charge of a live adult entertainment establishment to knowingly permit or allow any person under the minimum age specified to be in or upon such premises.  If the business serves liquor, then admission must be restricted to persons of the age of twenty-one years or more.

2.  Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the live adult entertainment business.

3.  No member of the public shall be permitted at any time to enter into any of the nonpublic portions of the live adult entertainment business, which shall include but are not limited to: the dressing rooms of the entertainers or other rooms provided for the benefit of employees, and the kitchen and storage areas; except that persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform their job duties.

C.  The responsibilities of the manager of a live adult entertainment business shall include but are not limited to:

1.  A licensed manager shall be on duty at a live adult entertainment business at all times adult entertainment is being provided or members of the public are present on the premises.  The name and license of the manager shall be prominently posted during business hours.  The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license.

2.  The licensed manager on duty shall not be an entertainer.

3.  The manager or an assistant manager licensed under this chapter shall maintain visual observation of each member of the public at all times any entertainer is present in the public or performance areas of the live adult entertainment business.  Where there is more than one performance area, or the performance area is of such size or configuration that one manager or assistant manger is unable to visually observe, at all times, each adult entertainer, each employee, and each member of the public, a manager or assistant manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the live adult entertainment business.

4.  The manager shall be responsible for and shall assure that the actions of members of the public, the adult entertainers and all other employees shall comply with all requirements of this chapter.

D.  Premises--Specifications.

1.  Performance Area.  The performance area of the live adult entertainment business where adult entertainment is provided shall be a stage or platform at least eighteen 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 members of the public have access.  A continuous railing affixed to the floor and measuring at least three feet in height 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.

2.  Lighting.  Sufficient lighting shall be provided and equally distributed throughout the public areas of the premises so that all objects are plainly visible at all times.  A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten-foot centers, is hereby established for all areas of the live adult entertainment business where members of the public are admitted.

3.  Signs.  A sign at least two feet by two feet, with letters at least one inch high, shall be conspicuously displayed in the public area(s) of the premises stating the following:

THIS LIVE ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF WAPATO.  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 DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA

4.  Recordkeeping Requirements.

a.  All papers, records, and things required to be kept pursuant to this chapter shall be open to inspection by the clerk during the hours when the licensed premises are open for business, upon two days’ written notice.  The purpose of such inspections shall be to determine whether the papers, records, and things meet the requirements of this chapter.

b.  Each live adult entertainment business shall maintain and retain for a period of two years the name, address, and age of each person employed or otherwise retained or allowed to perform on the premises as an adult entertainer, including independent contractors and their employees, as an entertainer.  This information shall be open to inspection by the clerk during hours of operation of the business upon twenty-four hours’ notice to the licensee.

5.  Inspections.  In order to ensure compliance with this chapter all areas of licensed live adult entertainment business which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business.  The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this chapter.  It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter.

E.  It is unlawful for any live adult entertainment business to be operated or otherwise open to the public between the hours of two a.m. and eight p.m.

F.  This chapter shall not be construed to prohibit:

1.  Plays, operas, musicals, or other dramatic works that are not obscene;

2.  Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or

3.  Exhibitions, performances, expressions or dances that are not obscene.

These exemptions shall not apply to the sexual conduct defined herein, or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).

G.  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. 1270 §1(part), 2012)

5.30.090 License term--Assignment--Renewals.

A.  There shall be no prorating of the license fees set out in Section 5.30.060, and such licenses shall expire on the thirty-first day of December of each year, except that in the event that the original application is made subsequent to June thirtieth, then one-half of the annual fee may be accepted for the remainder of said year.  Licenses issued under this chapter shall not be assignable or transferable.

B.  Application for renewal of licenses issued hereunder shall be made to the clerk no later than thirty days prior to the expiration of live adult entertainment business licenses, and no later than fourteen days prior to the expiration of live adult entertainment business manager and entertainer licenses.  The renewal license shall be issued in the same manner and on payment of the same fees as for an original application under this chapter.  There shall be assessed and collected by the clerk an additional charge, computed as a percentage of the license fee, on applications not made on or before said date, as follows:

Days Past Due

Percent of License Fee

7--30

25%

31--60

50%

61 and over

75%

C.  The clerk shall renew a license upon application unless the clerk is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal; and further provided, that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended.  (Ord. 1270 §1(part), 2012)

5.30.100 License suspension and revocation--Hearing.

A.  The clerk may, upon the recommendation of the chief of police, fire chief or building code inspector or their designee and as provided in subsection B of this section, suspend or revoke any license issued under the provisions of this chapter at any time where the same was procured by fraud or false representation of fact; or for the violation of, or failure to comply with, the provisions of this chapter or any of the provisions of the Wapato Municipal Code or any other local or state law by the licensee or by any of his servants, agents or employees when the licensee knew or should have known of the violations committed by his servants, agents or employees; or 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 his 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 premises in which his live adult entertainment establishment is conducted when the licensee knew or should have known of the violations committed by his 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 thirty days upon the first such violation, ninety days upon the second violation within a twenty-four-month period, and revoked for third and subsequent violations within a twenty-four-month period, not including periods of suspension.

C.  The clerk shall provide at least ten 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 to the mayor or other designated hearing body and shall state the effective date of such revocation or suspension and the grounds for revocation or suspension.  The hearing must be conducted within thirty days of the filing of the notice of appeal.  The mayor or other hearing body shall render its decision within ten working days following the close of the appeal hearing.  Any person aggrieved by the decision of the mayor or other designated hearing body shall have the right to appeal the decision to the superior court by writ of certiorari or mandamus within ten days of the date the decision was mailed to the applicant.  The decision of the clerk shall be stayed during the pendency of any appeal except as provided in subsection D of this section.

D.  Where the Wapato building official or fire marshal or their designees or the Yakima Health District find that any condition exists upon the premises of a live adult entertainment business 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 subsection C of this section.  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 mayor or other designated hearing body 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. 1270 §1(part), 2012)

5.30.110 Liquor 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 intoxicating liquor.  In the event of a conflict between the provisions of this chapter and the applicable rules and regulations of the Washington State Liquor Control Board, the rules and regulations of the Washington State Liquor Control Board shall control.  (Ord. 1270 §1(part), 2012)

5.30.120 Violation a misdemeanor.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor.  (Ord. 1270 §1(part), 2012)

5.30.130 Nuisance declared.

A.  Public Nuisance.  Any live adult entertainment business operated, conducted, or maintained in violation of this chapter or any law of the city of Wapato or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance.  The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter or any other law, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining a live adult entertainment business contrary to the provisions of this chapter.

B.  Moral Nuisance.  Any live adult entertainment business operated, conducted or maintained contrary to the provisions of Chapter 7.48A RCW, Moral Nuisance, shall be, and the same is declared to be, unlawful and a public and moral nuisance and the city attorney may, in addition to or in lieu of any other remedies set forth in this chapter or any other law, commence an action or actions to abate, remove and enjoin such public and moral nuisance, or impose a civil penalty, in the manner provided by Chapter 7.48A RCW.  (Ord. 1270 §1(part), 2012)

5.30.140 Additional enforcement.

The remedies found in this chapter are not exclusive and the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted.  (Ord. 1270 §1(part), 2012)

5.30.150 Security.

There shall be adequate security at the live adult entertainment business during hours where live adult entertainment is conducted to ensure the safety and welfare of the business’s patrons, employees, and those who may come into contact with such persons outside of the business.  (Ord. 1270 §1(part), 2012)

5.30.160 Severability.

If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, and its application to other persons or circumstances, shall not be affected.  (Ord. 1270 §1(part), 2012)